HB 945

1
A bill to be entitled
2An act relating to driving under the influence; amending
3s. 316.193, F.S.; requiring placement of an ignition
4interlock device for a certain time period on the vehicles
5of a person convicted for a fourth or subsequent offense
6of driving under the influence if that person obtains a
7restricted license or permit; amending s. 322.01, F.S.;
8defining the term "continuous alcohol monitoring";
9amending s. 322.16, F.S.; providing for penalties for
10violating ignition interlock restrictions; amending s.
11322.271, F.S.; revising the authority of the Department of
12Highway Safety and Motor Vehicles to modify a driver
13license revocation, cancellation, or suspension order;
14revising requirements for reinstatement of driving
15privileges and issuance of a license on a restricted basis
16to a person whose license has been revoked for specified
17DUI offenses; providing requirements for reinstatement of
18driving privileges and issuance of a license on a
19restricted basis to a person whose license has been
20permanently revoked; revising requirements for
21reinstatement of driving privileges for certain persons
22convicted of DUI manslaughter whose driving privileges
23were permanently revoked; requiring demonstration of
24abstinence by use of continuous alcohol monitoring for a
25certain time period; amending s. 322.2715, F.S.; requiring
26installation of an ignition interlock device for a certain
27time period if a person is convicted of a fourth or
28subsequent offense; amending s. 322.28, F.S.; providing
29for exceptions to a prohibition against issuing a driver
30license or granting driving privileges to a person whose
31license was permanently revoked for certain DUI
32convictions; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsection (2) of section 316.193, Florida
37Statutes, is amended to read:
38     316.193  Driving under the influence; penalties.--
39     (1)  A person is guilty of the offense of driving under the
40influence and is subject to punishment as provided in subsection
41(2) if the person is driving or in actual physical control of a
42vehicle within this state and:
43     (a)  The person is under the influence of alcoholic
44beverages, any chemical substance set forth in s. 877.111, or
45any substance controlled under chapter 893, when affected to the
46extent that the person's normal faculties are impaired;
47     (b)  The person has a blood-alcohol level of 0.08 or more
48grams of alcohol per 100 milliliters of blood; or
49     (c)  The person has a breath-alcohol level of 0.08 or more
50grams of alcohol per 210 liters of breath.
51     (2)(a)  Except as provided in paragraph (b), subsection
52(3), or subsection (4), any person who is convicted of a
53violation of subsection (1) shall be punished:
54     1.  By a fine of:
55     a.  Not less than $250 or more than $500 for a first
56conviction.
57     b.  Not less than $500 or more than $1,000 for a second
58conviction; and
59     2.  By imprisonment for:
60     a.  Not more than 6 months for a first conviction.
61     b.  Not more than 9 months for a second conviction.
62     3.  For a second conviction, by mandatory placement for a
63period of at least 1 year, at the convicted person's sole
64expense, of an ignition interlock device approved by the
65department in accordance with s. 316.1938 upon all vehicles that
66are individually or jointly leased or owned and routinely
67operated by the convicted person, when the convicted person
68qualifies for a permanent or restricted license. The
69installation of such device may not occur before July 1, 2003.
70     (b)1.  Any person who is convicted of a third violation of
71this section for an offense that occurs within 10 years after a
72prior conviction for a violation of this section commits a
73felony of the third degree, punishable as provided in s.
74775.082, s. 775.083, or s. 775.084. In addition, the court shall
75order the mandatory placement for a period of not less than 2
76years, at the convicted person's sole expense, of an ignition
77interlock device approved by the department in accordance with
78s. 316.1938 upon all vehicles that are individually or jointly
79leased or owned and routinely operated by the convicted person,
80when the convicted person qualifies for a permanent or
81restricted license. The installation of such device may not
82occur before July 1, 2003.
83     2.  Any person who is convicted of a third violation of
84this section for an offense that occurs more than 10 years after
85the date of a prior conviction for a violation of this section
86shall be punished by a fine of not less than $1,000 or more than
87$2,500 and by imprisonment for not more than 12 months. In
88addition, the court shall order the mandatory placement for a
89period of at least 2 years, at the convicted person's sole
90expense, of an ignition interlock device approved by the
91department in accordance with s. 316.1938 upon all vehicles that
92are individually or jointly leased or owned and routinely
93operated by the convicted person, when the convicted person
94qualifies for a permanent or restricted license. The
95installation of such device may not occur before July 1, 2003.
96     3.  Any person who is convicted of a fourth or subsequent
97violation of this section, regardless of when any prior
98conviction for a violation of this section occurred, commits a
99felony of the third degree, punishable as provided in s.
100775.082, s. 775.083, or s. 775.084. However, the fine imposed
101for such fourth or subsequent violation may be not less than
102$1,000. In addition, the court shall order the mandatory
103placement for a period of at least 10 years, at the convicted
104person's sole expense, of an ignition interlock device approved
105by the department in accordance with s. 316.1938 upon all
106vehicles that are individually or jointly leased or owned and
107routinely operated by the convicted person if he or she obtains
108a restricted license or permit regardless of whether the
109conviction was for a misdemeanor or a felony.
110     Section 2.  Subsections (9) through (44) of section 322.01,
111Florida Statutes, are renumbered as subsections (10) through
112(45), respectively, and a new subsection (9) is added to that
113section to read:
114     322.01  Definitions.--As used in this chapter:
115     (9)  "Continuous alcohol monitoring" means automatically
116testing breath, blood, or transdermal alcohol concentration
117levels and identifying any attempts to tamper or obstruct the
118testing process at least once every hour, regardless of the
119location of the person who is being monitored, and regularly
120transmitting the data to a licensed DUI supervision program
121provider.
122     Section 3.  Subsection (5) of section 322.16, Florida
123Statutes, is amended, and subsection (7) is added to that
124section, to read:
125     322.16  License restrictions.--
126     (5)  It is a misdemeanor of the second degree, punishable
127as provided in s. 775.082 or s. 775.083, for any person to
128operate a motor vehicle in any manner in violation of the
129restrictions imposed in a license issued to him or her except as
130described in subsection (6) or subsection (7) for a violation of
131paragraph (1)(d), subsection (2), or subsection (3).
132     (6)  Any person who operates a motor vehicle in violation
133of the restrictions imposed in subsection (2) or subsection (3)
134will be charged with a moving violation and fined in accordance
135with chapter 318.
136     (7)  Any person who operates a motor vehicle in violation
137of an ignition interlock restriction commits an offense of the
138same degree and punishable in the same manner as driving or
139being in actual physical control of a vehicle under the
140suspension or revocation for which the permit or restricted
141license was issued as described in s. 322.34 or s. 322.341.
142     Section 4.  Paragraph (b) of subsection (2) and paragraph
143(a) of subsection (4) of section 322.271, Florida Statutes, are
144amended to read:
145     322.271  Authority to modify revocation, cancellation, or
146suspension order.--
147     (2)
148     (b)1.  A person whose license has been revoked for a period
149of 5 years or less pursuant to s. 322.28(2)(a) or (e):
150     a.  For a second conviction for an offense that occurred
151within a period of 5 years after the date of a prior conviction
152for a violation of s. 316.193 or former s. 316.1931 or a
153combination of such sections may, upon the expiration of 12
154months after the date said revocation was imposed, petition the
155department for reinstatement of his or her driving privilege on
156a restricted basis. Reinstatement of the driving privilege
157pursuant to this sub-subparagraph shall be restricted to
158business or employment purposes only. The department shall
159require the person to remain abstinent from alcohol and other
160drugs through the petition and approval process as demonstrated
161by continuous alcohol monitoring for not less than 90 days as
162reported to the licensed DUI program to which the petitioner
163applied for supervision services. In addition, the department
164shall require the person to have not driven and to have
165abstained from alcohol and other drugs for at least 12 months
166prior to reinstatement, to be supervised by a DUI program
167licensed by the department, and to report to the program at
168least three times a year as required by the program for the
169duration of the revocation period for supervision. The
170supervision shall include evaluation, education, referral into
171treatment, and other activities required by the department. The
172person shall assume reasonable costs of supervision. If the
173person fails to comply with the required supervision, the
174program shall report the failure to the department, and the
175department shall cancel the person's driving privilege.
176     b.  For a third conviction for an offense that occurred
177within a period of 10 years after the date of a prior conviction
178for a violation of s. 316.193 or former s. 316.1931 or a
179combination of such sections A person whose license has been
180revoked for a period of more than 5 years under s. 322.28(2)(a)
181may, upon the expiration of 24 months after the date the
182revocation was imposed, petition the department for
183reinstatement of his or her driving privilege on a restricted
184basis. Reinstatement of the driving privilege pursuant to this
185sub-subparagraph shall be restricted to business or employment
186purposes only. The department shall require the person to remain
187abstinent from alcohol and other drugs through the petition and
188approval process as demonstrated by continuous alcohol
189monitoring for not less than 90 days as reported to the licensed
190DUI program to which the petitioner applied for supervision
191services. In addition, the department shall require the person
192to have not driven and to have abstained from alcohol and other
193drugs for at least 12 months prior to reinstatement, to be
194supervised by a DUI program licensed by the department, and to
195report to the program at least three times a year as required by
196the program for the duration of the revocation period for
197supervision. The supervision shall include evaluation,
198education, referral into treatment, and other activities
199required by the department. The person shall assume reasonable
200costs of supervision. If the person fails to comply with the
201required supervision, the program shall report the failure to
202the department, and the department shall cancel the person's
203driving privilege.
204     c.  For a fourth or subsequent conviction for a violation
205of s. 316.193 or former s. 316.1931 or a combination of such
206sections may, upon the expiration of 5 years after the date said
207revocation was imposed, petition the department for
208reinstatement of his or her driving privilege on a restricted
209basis. Reinstatement of the driving privilege pursuant to this
210sub-subparagraph shall be restricted to business or employment
211purposes only. The department shall require the person to remain
212abstinent from alcohol and other drugs through the petition and
213approval process as demonstrated by continuous alcohol
214monitoring for not less than 180 days as reported to the
215licensed DUI program to which the petitioner applied for
216supervision services. In addition, the department shall require
217the person to have not driven and to have abstained from alcohol
218and other drugs for at least 5 years prior to reinstatement, to
219be supervised by a DUI program licensed by the department, and
220to report to the program at least three times a year as required
221by the program for the duration of the revocation period for
222supervision. The supervision shall include evaluation,
223education, referral into treatment, and other activities
224required by the department. The person shall assume reasonable
225costs of supervision. If the person fails to comply with the
226required supervision, the program shall report the failure to
227the department, and the department shall cancel the person's
228driving privilege.
229     2.  Reinstatement of the driving privilege pursuant to this
230subsection shall be restricted to business or employment
231purposes only. In addition, the department shall require such
232persons upon reinstatement to have not driven in violation of
233their revocations, and to have been drug free for at least 12
234months immediately prior to such reinstatement, to be supervised
235by a DUI program licensed by the department, and to report to
236the program at least three times a year as required by the
237program for the duration of the revocation period for
238supervision. Such supervision shall include evaluation,
239education, referral into treatment, and other activities
240required by the department. Such persons shall assume reasonable
241costs of supervision. If such person fails to comply with the
242required supervision, the program shall report the failure to
243the department, and the department shall cancel such person's
244driving privilege. This paragraph does not apply to any person
245whose driving privilege has been permanently revoked.
246     (4)  Notwithstanding the provisions of s. 322.28(2)(e), a
247person whose driving privilege has been permanently revoked
248because he or she has been convicted of DUI manslaughter in
249violation of s. 316.193 and has no prior convictions for DUI-
250related offenses may, upon the expiration of 5 years after the
251date of such revocation or the expiration of 5 years after the
252termination of any term of incarceration under s. 316.193 or
253former s. 316.1931, whichever date is later, petition the
254department for reinstatement of his or her driving privilege.
255     (a)  Within 30 days after the receipt of such a petition,
256the department shall afford the petitioner an opportunity for a
257hearing. At the hearing, the petitioner must demonstrate to the
258department that he or she:
259     1.  Has not been arrested for a drug-related offense during
260the 5 years preceding the filing of the petition;
261     2.  Has not driven a motor vehicle without a license for at
262least 5 years prior to the hearing;
263     3.  Has been drug-free for at least 5 years prior to the
264hearing;
265     4.  Has abstained from alcohol for at least 5 years prior
266to the hearing as demonstrated by not less than 180 days of
267continuous alcohol monitoring as reported to the petitioner's
268licensed DUI program; and
269     5.4.  Has completed a DUI program licensed by the
270department.
271     Section 5.  Section 322.2715, Florida Statutes, is amended
272to read:
273     322.2715  Ignition interlock device.--
274     (1)  Before issuing a permanent or restricted driver's
275license under this chapter, the department shall require the
276placement of a department-approved ignition interlock device for
277any person convicted of committing an offense of driving under
278the influence as specified in subsection (3), except that
279consideration may be given to those individuals having a
280documented medical condition that would prohibit the device from
281functioning normally. An interlock device shall be placed on all
282vehicles that are individually or jointly leased or owned and
283routinely operated by the convicted person.
284     (2)  For purposes of this section, any conviction for a
285violation of s. 316.193, a previous conviction for a violation
286of former s. 316.1931, or a conviction outside this state for
287driving under the influence, driving while intoxicated, driving
288with an unlawful blood-alcohol level, or any other similar
289alcohol-related or drug-related traffic offense is a conviction
290of driving under the influence.
291     (3)  If the person is convicted of:
292     (a)  A first offense of driving under the influence under
293s. 316.193 and has an unlawful blood-alcohol level or breath-
294alcohol level as specified in s. 316.193(4), or if a person is
295convicted of a violation of s. 316.193 and was at the time of
296the offense accompanied in the vehicle by a person younger than
29718 years of age, the person shall have the ignition interlock
298device installed for 6 months for the first offense and for at
299least 2 years for a second offense.
300     (b)  A second offense of driving under the influence, the
301ignition interlock device shall be installed for a period of not
302less than 1 year.
303     (c)  A third offense of driving under the influence which
304occurs within 10 years after a prior conviction for a violation
305of s. 316.193, the ignition interlock device shall be installed
306for a period of not less than 2 years.
307     (d)  A third offense of driving under the influence which
308occurs more than 10 years after the date of a prior conviction,
309the ignition interlock device shall be installed for a period of
310not less than 2 years.
311     (e)  A fourth or subsequent offense of driving under the
312influence, the ignition interlock device shall be installed for
313a period of not less than 10 years.
314     (4)  If the court fails to order the mandatory placement of
315the ignition interlock device or fails to order for the
316applicable period the mandatory placement of an ignition
317interlock device under s. 316.193 or s. 316.1937 at the time of
318imposing sentence or within 30 days thereafter, the department
319shall immediately require that the ignition interlock device be
320installed as provided in this section, except that consideration
321may be given to those individuals having a documented medical
322condition that would prohibit the device from functioning
323normally. This subsection applies to the reinstatement of the
324driving privilege following a revocation, suspension, or
325cancellation that is based upon a conviction for the offense of
326driving under the influence which occurs on or after July 1,
3272005.
328     Section 6.  Paragraph (e) of subsection (2) of section
329322.28, Florida Statutes, is amended to read:
330     322.28  Period of suspension or revocation.--
331     (2)  In a prosecution for a violation of s. 316.193 or
332former s. 316.1931, the following provisions apply:
333     (e)  The court shall permanently revoke the driver's
334license or driving privilege of a person who has been convicted
335four times for violation of s. 316.193 or former s. 316.1931 or
336a combination of such sections. The court shall permanently
337revoke the driver's license or driving privilege of any person
338who has been convicted of DUI manslaughter in violation of s.
339316.193. If the court has not permanently revoked such driver's
340license or driving privilege within 30 days after imposing
341sentence, the department shall permanently revoke the driver's
342license or driving privilege pursuant to this paragraph. No
343driver's license or driving privilege may be issued or granted
344to any such person except as described in s. 322.271. This
345paragraph applies only if at least one of the convictions for
346violation of s. 316.193 or former s. 316.1931 was for a
347violation that occurred after July 1, 1982. For the purposes of
348this paragraph, a conviction for violation of former s. 316.028,
349former s. 316.1931, or former s. 860.01 is also considered a
350conviction for violation of s. 316.193. Also, a conviction of
351driving under the influence, driving while intoxicated, driving
352with an unlawful blood-alcohol level, or any other similar
353alcohol-related or drug-related traffic offense outside this
354state is considered a conviction for the purposes of this
355paragraph.
356     Section 7.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.