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The Committee on Criminal Justice (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 23-172

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and insert:

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     Section 2.  Subsection (2) and paragraph (c) of subsection

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(4) of section 316.193, Florida Statutes, are amended to read:

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     316.193  Driving under the influence; penalties.--

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     (2)(a)  Except as provided in paragraph (b), subsection (3),

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or subsection (4), any person who is convicted of a violation of

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subsection (1) shall be punished:

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     1.  By a fine of:

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     a.  Not less than $250 or more than $500 for a first

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conviction; or.

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     b.  Not less than $500 or more than $1,000 for a second

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conviction; and

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     2.  By imprisonment for:

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     a. Not more than 6 months for a first conviction; or.

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     b. Not more than 9 months for a second conviction; and.

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     3. For a second conviction, By mandatory placement for a

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period of at least 1 year, at the convicted person's sole

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expense, of an ignition interlock device approved by the

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department in accordance with s. 316.1938 upon all vehicles that

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are individually or jointly leased or owned and routinely

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operated by the convicted person, when the convicted person

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qualifies for a permanent or restricted license, for:

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     a. At least 6 months for a first conviction if the person

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had a blood-alcohol level or breath-alcohol level of 0.15 or

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higher but less than 0.20 at the time of the offense; or

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     b. At least 1 year for a second conviction. The

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installation of such device may not occur before July 1, 2003.

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     (b)1.  Any person who is convicted of a third violation of

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this section for an offense that occurs within 10 years after a

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prior conviction for a violation of this section commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084. In addition, the court shall order the

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mandatory placement for a period of not less than 2 years, at the

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convicted person's sole expense, of an ignition interlock device

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approved by the department in accordance with s. 316.1938 upon

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all vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person, when the convicted

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person qualifies for a permanent or restricted license. The

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installation of such device may not occur before July 1, 2003.

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     2.  Any person who is convicted of a third violation of this

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section for an offense that occurs more than 10 years after the

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date of a prior conviction for a violation of this section shall

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be punished by a fine of not less than $1,000 or more than $2,500

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and by imprisonment for not more than 12 months. In addition, the

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court shall order the mandatory placement for a period of at

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least 2 years, at the convicted person's sole expense, of an

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ignition interlock device approved by the department in

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accordance with s. 316.1938 upon all vehicles that are

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individually or jointly leased or owned and routinely operated by

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the convicted person, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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     3.  Any person who is convicted of a fourth or subsequent

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violation of this section, regardless of when any prior

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conviction for a violation of this section occurred, commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084. However, the fine imposed for such

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fourth or subsequent violation may be not less than $1,000.

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     4. The court shall order the mandatory placement for a

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period of at least 10 years, at the convicted person's sole

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expense, of an ignition interlock device approved by the

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department in accordance with s. 316.1938 upon all vehicles that

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are individually or jointly leased or owned and routinely

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operated by any person convicted for a fourth or subsequent

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offense if the convicted person obtains a restricted license or

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permit regardless of whether the conviction was for a misdemeanor

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or felony offense.

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     (4)  Any person who is convicted of a violation of

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subsection (1) and who has a blood-alcohol level or breath-

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alcohol level of 0.20 or higher, or any person who is convicted

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of a violation of subsection (1) and who at the time of the

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offense was accompanied in the vehicle by a person under the age

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of 18 years, shall be punished:

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     (c)  In addition to the penalties in paragraphs (a) and (b),

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the court shall order the mandatory placement, at the convicted

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person's sole expense, of an ignition interlock device approved

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by the department in accordance with s. 316.1938 upon all

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vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person for at least 1 year up

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to 6 months for the first offense and for at least 2 years for a

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second offense, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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     Section 3.  Subsection (8) of section 322.21, Florida

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Statutes, is amended to read:

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     322.21  License fees; procedure for handling and collecting

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fees.--

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     (8)  Any person who applies for reinstatement following the

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suspension or revocation of the person's driver's license shall

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pay a service fee of $35 following a suspension, and $60

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following a revocation, which is in addition to the fee for a

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license. Any such applicant required to have an ignition

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interlock device installed under this chapter or chapter 316

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shall also pay a service fee of $15. Any person who applies for

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reinstatement of a commercial driver's license following the

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disqualification of the person's privilege to operate a

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commercial motor vehicle shall pay a service fee of $60, which is

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in addition to the fee for a license. The department shall

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collect all of these fees at the time of reinstatement. The

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department shall issue proper receipts for such fees and shall

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promptly transmit all funds received by it as follows:

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     (a)  Of the $35 fee received from a licensee for

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reinstatement following a suspension, the department shall

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deposit $15 in the General Revenue Fund and $20 in the Highway

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Safety Operating Trust Fund.

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     (b)  Of the $60 fee received from a licensee for

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reinstatement following a revocation or disqualification, the

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department shall deposit $35 in the General Revenue Fund and $25

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in the Highway Safety Operating Trust Fund.

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     (c) The entire $15 fee received from a licensee required to

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have an interlock device installed shall be deposited by the

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department into the DUI Programs Coordination Trust Fund.

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If the revocation or suspension of the driver's license was for a

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violation of s. 316.193, or for refusal to submit to a lawful

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breath, blood, or urine test, an additional fee of $115 must be

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charged. However, only one $115 fee may be collected from one

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person convicted of violations arising out of the same incident.

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The department shall collect the $115 fee and deposit the fee

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into the Highway Safety Operating Trust Fund at the time of

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reinstatement of the person's driver's license, but the fee may

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not be collected if the suspension or revocation is overturned.

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If the revocation or suspension of the driver's license was for a

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conviction for a violation of s. 817.234(8) or (9) or s. 817.505,

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an additional fee of $180 is imposed for each offense. The

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department shall collect and deposit the additional fee into the

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Highway Safety Operating Trust Fund at the time of reinstatement

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of the person's driver's license.

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     Section 4.  Subsections (1) and (3) of section 322.2715,

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Florida Statutes, are amended to read:

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     322.2715  Ignition interlock device.--

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     (1)  Before issuing a permanent or restricted driver's

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license under this chapter, the department shall require the

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placement of a department-approved ignition interlock device,

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installed in such a manner that the vehicle will not start if the

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operator's blood-alcohol level is in excess of the level provided

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in s. 316.1937(1), for any person convicted of committing an

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offense of driving under the influence as specified in subsection

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(3), except that consideration may be given to those individuals

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having a documented medical condition that would prohibit the

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device from functioning normally. An interlock device shall be

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placed on all vehicles that are individually or jointly leased or

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owned and routinely operated by the convicted person.

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     (3)  If the person is convicted of:

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     (a)  A first offense of driving under the influence under s.

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316.193 and has an unlawful blood-alcohol level or breath-alcohol

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level as specified in s. 316.193(4), or if a person is convicted

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of a violation of s. 316.193 and was at the time of the offense

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accompanied in the vehicle by a person younger than 18 years of

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age, the person shall have the ignition interlock device

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installed for at least 1 year 6 months for the first offense and

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for at least 2 years for a second offense. The ignition interlock

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device shall be installed for at least 6 months for a first

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conviction if the person had a blood-alcohol level or breath-

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alcohol level of 0.15 or higher but less than 0.20 at the time of

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the offense and at least 1 year for a second conviction as

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specified in s. 316.193(2). If the court fails or neglects to

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order the ignition interlock device to be installed pursuant to

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this section, the department shall require the installation of

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the device.

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     (b)  A second offense of driving under the influence, the

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ignition interlock device shall be installed for a period of not

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less than 1 year.

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     (c)  A third offense of driving under the influence which

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occurs within 10 years after a prior conviction for a violation

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of s. 316.193, the ignition interlock device shall be installed

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for a period of not less than 2 years.

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     (d)  A third offense of driving under the influence which

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occurs more than 10 years after the date of a prior conviction,

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the ignition interlock device shall be installed for a period of

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not less than 2 years.

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     (e) A fourth or subsequent offense of driving under the

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influence, the ignition interlock device shall be installed for a

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period of not less than 10 years.

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     Section 5.  Paragraph (e) of subsection (2) of section

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322.28, Florida Statutes, is amended to read:

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     322.28  Period of suspension or revocation.--

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     (2)  In a prosecution for a violation of s. 316.193 or

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former s. 316.1931, the following provisions apply:

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     (e)  The court shall permanently revoke the driver's license

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or driving privilege of a person who has been convicted four

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times for violation of s. 316.193 or former s. 316.1931 or a

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combination of such sections. The court shall permanently revoke

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the driver's license or driving privilege of any person who has

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been convicted of DUI manslaughter in violation of s. 316.193. If

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the court has not permanently revoked such driver's license or

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driving privilege within 30 days after imposing sentence, the

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department shall permanently revoke the driver's license or

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driving privilege pursuant to this paragraph. No driver's license

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or driving privilege may be issued or granted to any such person

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except as described in s. 322.271. This paragraph applies only if

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at least one of the convictions for violation of s. 316.193 or

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former s. 316.1931 was for a violation that occurred after July

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1, 1982. For the purposes of this paragraph, a conviction for

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violation of former s. 316.028, former s. 316.1931, or former s.

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860.01 is also considered a conviction for violation of s.

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316.193. Also, a conviction of driving under the influence,

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driving while intoxicated, driving with an unlawful blood-alcohol

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level, or any other similar alcohol-related or drug-related

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traffic offense outside this state is considered a conviction for

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the purposes of this paragraph.

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     Section 6.  Paragraph (b) of subsection (2) and paragraph

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(a) of subsection (4) of section 322.271, Florida Statutes, are

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amended to read:

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     322.271  Authority to modify revocation, cancellation, or

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suspension order.--

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     (2)

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     (b)1. A person whose license has been revoked for a period

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of 5 years or less pursuant to s. 322.28(2)(a) or (e) may, upon

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the expiration of 12 months after the date the said revocation

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was imposed, petition the department for reinstatement of his or

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her driving privilege on a restricted basis. A person whose

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license has been revoked for a period of more than 5 years under

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s. 322.28(2)(a) may, upon the expiration of 24 months after the

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date the revocation was imposed, petition the department for

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reinstatement of his or her driving privilege on a restricted

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basis.

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     2. A person whose license has been revoked pursuant to s.

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322.28(2)(a) or (e) for a fourth or subsequent conviction for a

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violation of the provisions of s. 316.193, former s. 316.1931, or

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a combination of those sections may, upon the expiration of 5

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years after the date on which the revocation was imposed,

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petition the department for reinstatement of his or her driving

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privilege on a restricted basis. Reinstatement of the driving

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privilege pursuant to this subparagraph shall be restricted to

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business or employment purposes only. The department shall

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require the person to remain abstinent from alcohol and other

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drugs through the petition and approval process as demonstrated

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by continuous alcohol monitoring for not less than 180 days as

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reported to the DUI program licensed by the department through

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which the petitioner applied for supervision services. In

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addition, the department shall require that the person refrain

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from driving and abstain from the use of alcohol or other drugs

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during the 12 months immediately preceding reinstatement, be

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supervised by a DUI program licensed by the department, and

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report to the program for supervision at least three times a year

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as required by the program for the duration of the revocation

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period. The supervision shall include evaluation, education,

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referral into treatment, and other activities required by the

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department. The person seeking reinstatement shall assume

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reasonable costs of supervision. If the person fails to comply

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with the required supervision, the program shall report the

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failure to the department and the department shall cancel such

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person's driving privilege. The cancellation shall remain in

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effect until the person has complied with the supervision

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requirements.

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Reinstatement of the driving privilege pursuant to this

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subsection shall be restricted to business or employment purposes

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only. In addition, the department shall require such persons upon

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reinstatement to have not driven in violation of their

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revocations, and to have been drug free for at least 12 months

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immediately prior to such reinstatement, to be supervised by a

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DUI program licensed by the department, and to report to the

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program at least three times a year as required by the program

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for the duration of the revocation period for supervision. Such

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supervision shall include evaluation, education, referral into

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treatment, and other activities required by the department. Such

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persons shall assume reasonable costs of supervision. If such

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person fails to comply with the required supervision, the program

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shall report the failure to the department, and the department

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shall cancel such person's driving privilege. This paragraph does

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not apply to any person whose driving privilege has been

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permanently revoked.

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     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a

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person whose driving privilege has been permanently revoked

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because he or she has been convicted of DUI manslaughter in

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violation of s. 316.193 and has no prior convictions for DUI-

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related offenses may, upon the expiration of 5 years after the

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date of such revocation or the expiration of 5 years after the

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termination of any term of incarceration under s. 316.193 or

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former s. 316.1931, whichever date is later, petition the

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department for reinstatement of his or her driving privilege.

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     (a)  Within 30 days after the receipt of such a petition,

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the department shall afford the petitioner an opportunity for a

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hearing. At the hearing, the petitioner must demonstrate to the

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department that he or she:

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     1.  Has not been arrested for a drug-related offense during

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the 5 years preceding the filing of the petition;

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     2.  Has not driven a motor vehicle without a license for at

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least 5 years prior to the hearing;

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     3.  Has been drug-free for at least 5 years prior to the

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hearing; and

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     4. Has abstained from consuming alcohol for 5 years as

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demonstrated by a period of not less than 180 days of continuous

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alcohol monitoring as reported to the licensed DUI program

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supervising the petitioner. For purposes of this subparagraph,

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the term "continuous alcohol monitoring" means automatically

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testing breath, blood, or transdermal alcohol concentration

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levels at least once every hour and detecting any attempts to

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tamper with or obstruct the testing process, regardless of the

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location of the person who is being monitored, and regularly

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transmitting the data to a licensed DUI supervision program

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provider; and

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     5. Has completed a DUI program licensed by the department.

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     Section 7.  Subsection (5) of section 322.16, Florida

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Statutes, is amended, and subsection (7) is added to that

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section, to read:

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     322.16  License restrictions.--

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     (5)  It is a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083, for any person to operate a

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motor vehicle in any manner in violation of the restrictions

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imposed in a license issued to him or her except as described in

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subsections (6) and (7) for a violation of paragraph (1)(d),

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subsection (2), or subsection (3).

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     (7) Any person operating a motor vehicle in violation of an

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ignition interlock restriction commits a felony of the third

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 8-16

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and insert:

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of certain offenses; requiring the mandatory placement of

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such devices for 10 years upon certain vehicles owned,

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leased, or operated by a person convicted of a fourth or

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subsequent offense under certain circumstances; amending

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s. 322.21, F.S.; requiring a service fee for ignition

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interlock devices; requiring that the service fee be

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deposited into the DUI Programs Coordination Trust Fund;

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amending s. 322.2715, F.S.; requiring that ignition

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interlock devices be set to prevent the vehicle from

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starting if the operator's blood-alcohol level exceeds a

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specified amount; revising the time that ignition

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interlock devices must be used after a first or certain

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repeated conviction of certain offenses; amending s.

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322.28, F.S.; providing that a driver's license or driving

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privilege may be granted under certain circumstances to a

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person convicted a fourth time for driving under the

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influence or a conviction for DUI manslaughter; amending

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s. 322.271, F.S.; providing conditions under which a

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person convicted of a fourth or subsequent DUI may

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petition the department for reinstatement of his or her

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driving privilege on a restricted basis; requiring that

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the department impose certain requirements upon such

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persons; providing for the cancellation of such person's

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driving privilege upon his or her failure to adhere to

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such requirements; requiring that a person convicted of

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DUI manslaughter seeking reinstatement of his or her

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driving privilege demonstrate to a court within a

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specified period after the filing of his or her petition

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for reinstatement that he or she has abstained from

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consuming alcohol for 5 years as demonstrated by a

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specified period of continuous alcohol monitoring as

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reported to the licensed DUI program supervising the

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petitioner; defining the term "continuous alcohol

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monitoring"; amending s. 322.16, F.S.; correcting cross-

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references to conform to changes made by the act;

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providing penalties if a person operates a motor vehicle

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in violation of an ignition interlock restriction;

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providing an

4/15/2008  2:33:00 PM     591-07572-08