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A bill to be entitled

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An act relating to driving under the influence; amending

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s. 316.193, F.S.; requiring that an ignition interlock

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device be installed for a specified period after a

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conviction of certain offenses; revising provisions

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relating to the period for which an interlock device may

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be required following a second conviction of certain

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offenses; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (2) and (4) of section 316.193,

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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.

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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.

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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.

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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)  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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     (a)  By a fine of:

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

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conviction.

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     2.  Not less than $1,000 or more than $2,000 for a second

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conviction.

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     3.  Not less than $2,000 for a third or subsequent

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conviction.

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     (b)  By imprisonment for:

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     1.  Not more than 9 months for a first conviction.

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     2.  Not more than 12 months for a second conviction.

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For the purposes of this subsection, only the instant offense is

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required to be a violation of subsection (1) by a person who has

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a blood-alcohol level or breath-alcohol level of 0.20 or higher.

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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 2.  This act shall take effect July 1, 2008.