1 | A bill to be entitled |
2 | An act relating to driving under the influence; amending |
3 | s. 316.193, F.S.; requiring placement of an ignition |
4 | interlock device for a certain time period on the vehicles |
5 | of a person convicted for a fourth or subsequent offense |
6 | of driving under the influence if that person obtains a |
7 | restricted license or permit; amending s. 322.01, F.S.; |
8 | defining the term "continuous alcohol monitoring"; |
9 | amending s. 322.16, F.S.; providing for penalties for |
10 | violating ignition interlock restrictions; amending s. |
11 | 322.271, F.S.; revising the authority of the Department of |
12 | Highway Safety and Motor Vehicles to modify a driver |
13 | license revocation, cancellation, or suspension order; |
14 | revising requirements for reinstatement of driving |
15 | privileges and issuance of a license on a restricted basis |
16 | to a person whose license has been revoked for specified |
17 | DUI offenses; providing requirements for reinstatement of |
18 | driving privileges and issuance of a license on a |
19 | restricted basis to a person whose license has been |
20 | permanently revoked; revising requirements for |
21 | reinstatement of driving privileges for certain persons |
22 | convicted of DUI manslaughter whose driving privileges |
23 | were permanently revoked; requiring demonstration of |
24 | abstinence by use of continuous alcohol monitoring for a |
25 | certain time period; amending s. 322.2715, F.S.; requiring |
26 | installation of an ignition interlock device for a certain |
27 | time period if a person is convicted of a fourth or |
28 | subsequent offense; amending s. 322.28, F.S.; providing |
29 | for exceptions to a prohibition against issuing a driver |
30 | license or granting driving privileges to a person whose |
31 | license was permanently revoked for certain DUI |
32 | convictions; providing an effective date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Subsection (2) of section 316.193, Florida |
37 | Statutes, 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 |
40 | influence and is subject to punishment as provided in subsection |
41 | (2) if the person is driving or in actual physical control of a |
42 | vehicle within this state and: |
43 | (a) The person is under the influence of alcoholic |
44 | beverages, any chemical substance set forth in s. 877.111, or |
45 | any substance controlled under chapter 893, when affected to the |
46 | extent that the person's normal faculties are impaired; |
47 | (b) The person has a blood-alcohol level of 0.08 or more |
48 | grams of alcohol per 100 milliliters of blood; or |
49 | (c) The person has a breath-alcohol level of 0.08 or more |
50 | grams 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 |
53 | violation 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 |
56 | conviction. |
57 | b. Not less than $500 or more than $1,000 for a second |
58 | conviction; 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 |
63 | period of at least 1 year, at the convicted person's sole |
64 | expense, of an ignition interlock device approved by the |
65 | department in accordance with s. 316.1938 upon all vehicles that |
66 | are individually or jointly leased or owned and routinely |
67 | operated by the convicted person, when the convicted person |
68 | qualifies for a permanent or restricted license. The |
69 | installation of such device may not occur before July 1, 2003. |
70 | (b)1. Any person who is convicted of a third violation of |
71 | this section for an offense that occurs within 10 years after a |
72 | prior conviction for a violation of this section commits a |
73 | felony of the third degree, punishable as provided in s. |
74 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
75 | order the mandatory placement for a period of not less than 2 |
76 | years, at the convicted person's sole expense, of an ignition |
77 | interlock device approved by the department in accordance with |
78 | s. 316.1938 upon all vehicles that are individually or jointly |
79 | leased or owned and routinely operated by the convicted person, |
80 | when the convicted person qualifies for a permanent or |
81 | restricted license. The installation of such device may not |
82 | occur before July 1, 2003. |
83 | 2. Any person who is convicted of a third violation of |
84 | this section for an offense that occurs more than 10 years after |
85 | the date of a prior conviction for a violation of this section |
86 | shall 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 |
88 | addition, the court shall order the mandatory placement for a |
89 | period of at least 2 years, at the convicted person's sole |
90 | expense, of an ignition interlock device approved by the |
91 | department in accordance with s. 316.1938 upon all vehicles that |
92 | are individually or jointly leased or owned and routinely |
93 | operated by the convicted person, when the convicted person |
94 | qualifies for a permanent or restricted license. The |
95 | installation of such device may not occur before July 1, 2003. |
96 | 3. Any person who is convicted of a fourth or subsequent |
97 | violation of this section, regardless of when any prior |
98 | conviction for a violation of this section occurred, commits a |
99 | felony of the third degree, punishable as provided in s. |
100 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
101 | for such fourth or subsequent violation may be not less than |
102 | $1,000. In addition, the court shall order the mandatory |
103 | placement for a period of at least 10 years, at the convicted |
104 | person's sole expense, of an ignition interlock device approved |
105 | by the department in accordance with s. 316.1938 upon all |
106 | vehicles that are individually or jointly leased or owned and |
107 | routinely operated by the convicted person if he or she obtains |
108 | a restricted license or permit regardless of whether the |
109 | conviction was for a misdemeanor or a felony. |
110 | Section 2. Subsections (9) through (44) of section 322.01, |
111 | Florida Statutes, are renumbered as subsections (10) through |
112 | (45), respectively, and a new subsection (9) is added to that |
113 | section to read: |
114 | 322.01 Definitions.--As used in this chapter: |
115 | (9) "Continuous alcohol monitoring" means automatically |
116 | testing breath, blood, or transdermal alcohol concentration |
117 | levels and identifying any attempts to tamper or obstruct the |
118 | testing process at least once every hour, regardless of the |
119 | location of the person who is being monitored, and regularly |
120 | transmitting the data to a licensed DUI supervision program |
121 | provider. |
122 | Section 3. Subsection (5) of section 322.16, Florida |
123 | Statutes, is amended, and subsection (7) is added to that |
124 | section, to read: |
125 | 322.16 License restrictions.-- |
126 | (5) It is a misdemeanor of the second degree, punishable |
127 | as provided in s. 775.082 or s. 775.083, for any person to |
128 | operate a motor vehicle in any manner in violation of the |
129 | restrictions imposed in a license issued to him or her except as |
130 | described in subsection (6) or subsection (7) for a violation of |
131 | paragraph (1)(d), subsection (2), or subsection (3). |
132 | (6) Any person who operates a motor vehicle in violation |
133 | of the restrictions imposed in subsection (2) or subsection (3) |
134 | will be charged with a moving violation and fined in accordance |
135 | with chapter 318. |
136 | (7) Any person who operates a motor vehicle in violation |
137 | of an ignition interlock restriction commits an offense of the |
138 | same degree and punishable in the same manner as driving or |
139 | being in actual physical control of a vehicle under the |
140 | suspension or revocation for which the permit or restricted |
141 | license 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 |
144 | amended to read: |
145 | 322.271 Authority to modify revocation, cancellation, or |
146 | suspension order.-- |
147 | (2) |
148 | (b)1. A person whose license has been revoked for a period |
149 | of 5 years or less pursuant to s. 322.28(2)(a) or (e): |
150 | a. For a second conviction for an offense that occurred |
151 | within a period of 5 years after the date of a prior conviction |
152 | for a violation of s. 316.193 or former s. 316.1931 or a |
153 | combination of such sections may, upon the expiration of 12 |
154 | months after the date said revocation was imposed, petition the |
155 | department for reinstatement of his or her driving privilege on |
156 | a restricted basis. Reinstatement of the driving privilege |
157 | pursuant to this sub-subparagraph shall be restricted to |
158 | business or employment purposes only. The department shall |
159 | require the person to remain abstinent from alcohol and other |
160 | drugs through the petition and approval process as demonstrated |
161 | by continuous alcohol monitoring for not less than 90 days as |
162 | reported to the licensed DUI program to which the petitioner |
163 | applied for supervision services. In addition, the department |
164 | shall require the person to have not driven and to have |
165 | abstained from alcohol and other drugs for at least 12 months |
166 | prior to reinstatement, to be supervised by a DUI program |
167 | licensed by the department, and to report to the program at |
168 | least three times a year as required by the program for the |
169 | duration of the revocation period for supervision. The |
170 | supervision shall include evaluation, education, referral into |
171 | treatment, and other activities required by the department. The |
172 | person shall assume reasonable costs of supervision. If the |
173 | person fails to comply with the required supervision, the |
174 | program shall report the failure to the department, and the |
175 | department shall cancel the person's driving privilege. |
176 | b. For a third conviction for an offense that occurred |
177 | within a period of 10 years after the date of a prior conviction |
178 | for a violation of s. 316.193 or former s. 316.1931 or a |
179 | combination of such sections A person whose license has been |
180 | revoked for a period of more than 5 years under s. 322.28(2)(a) |
181 | may, upon the expiration of 24 months after the date the |
182 | revocation was imposed, petition the department for |
183 | reinstatement of his or her driving privilege on a restricted |
184 | basis. Reinstatement of the driving privilege pursuant to this |
185 | sub-subparagraph shall be restricted to business or employment |
186 | purposes only. The department shall require the person to remain |
187 | abstinent from alcohol and other drugs through the petition and |
188 | approval process as demonstrated by continuous alcohol |
189 | monitoring for not less than 90 days as reported to the licensed |
190 | DUI program to which the petitioner applied for supervision |
191 | services. In addition, the department shall require the person |
192 | to have not driven and to have abstained from alcohol and other |
193 | drugs for at least 12 months prior to reinstatement, to be |
194 | supervised by a DUI program licensed by the department, and to |
195 | report to the program at least three times a year as required by |
196 | the program for the duration of the revocation period for |
197 | supervision. The supervision shall include evaluation, |
198 | education, referral into treatment, and other activities |
199 | required by the department. The person shall assume reasonable |
200 | costs of supervision. If the person fails to comply with the |
201 | required supervision, the program shall report the failure to |
202 | the department, and the department shall cancel the person's |
203 | driving privilege. |
204 | c. For a fourth or subsequent conviction for a violation |
205 | of s. 316.193 or former s. 316.1931 or a combination of such |
206 | sections may, upon the expiration of 5 years after the date said |
207 | revocation was imposed, petition the department for |
208 | reinstatement of his or her driving privilege on a restricted |
209 | basis. Reinstatement of the driving privilege pursuant to this |
210 | sub-subparagraph shall be restricted to business or employment |
211 | purposes only. The department shall require the person to remain |
212 | abstinent from alcohol and other drugs through the petition and |
213 | approval process as demonstrated by continuous alcohol |
214 | monitoring for not less than 180 days as reported to the |
215 | licensed DUI program to which the petitioner applied for |
216 | supervision services. In addition, the department shall require |
217 | the person to have not driven and to have abstained from alcohol |
218 | and other drugs for at least 5 years prior to reinstatement, to |
219 | be supervised by a DUI program licensed by the department, and |
220 | to report to the program at least three times a year as required |
221 | by the program for the duration of the revocation period for |
222 | supervision. The supervision shall include evaluation, |
223 | education, referral into treatment, and other activities |
224 | required by the department. The person shall assume reasonable |
225 | costs of supervision. If the person fails to comply with the |
226 | required supervision, the program shall report the failure to |
227 | the department, and the department shall cancel the person's |
228 | driving privilege. |
229 | 2. Reinstatement of the driving privilege pursuant to this |
230 | subsection shall be restricted to business or employment |
231 | purposes only. In addition, the department shall require such |
232 | persons upon reinstatement to have not driven in violation of |
233 | their revocations, and to have been drug free for at least 12 |
234 | months immediately prior to such reinstatement, to be supervised |
235 | by a DUI program licensed by the department, and to report to |
236 | the program at least three times a year as required by the |
237 | program for the duration of the revocation period for |
238 | supervision. Such supervision shall include evaluation, |
239 | education, referral into treatment, and other activities |
240 | required by the department. Such persons shall assume reasonable |
241 | costs of supervision. If such person fails to comply with the |
242 | required supervision, the program shall report the failure to |
243 | the department, and the department shall cancel such person's |
244 | driving privilege. This paragraph does not apply to any person |
245 | whose driving privilege has been permanently revoked. |
246 | (4) Notwithstanding the provisions of s. 322.28(2)(e), a |
247 | person whose driving privilege has been permanently revoked |
248 | because he or she has been convicted of DUI manslaughter in |
249 | violation of s. 316.193 and has no prior convictions for DUI- |
250 | related offenses may, upon the expiration of 5 years after the |
251 | date of such revocation or the expiration of 5 years after the |
252 | termination of any term of incarceration under s. 316.193 or |
253 | former s. 316.1931, whichever date is later, petition the |
254 | department for reinstatement of his or her driving privilege. |
255 | (a) Within 30 days after the receipt of such a petition, |
256 | the department shall afford the petitioner an opportunity for a |
257 | hearing. At the hearing, the petitioner must demonstrate to the |
258 | department that he or she: |
259 | 1. Has not been arrested for a drug-related offense during |
260 | the 5 years preceding the filing of the petition; |
261 | 2. Has not driven a motor vehicle without a license for at |
262 | least 5 years prior to the hearing; |
263 | 3. Has been drug-free for at least 5 years prior to the |
264 | hearing; |
265 | 4. Has abstained from alcohol for at least 5 years prior |
266 | to the hearing as demonstrated by not less than 180 days of |
267 | continuous alcohol monitoring as reported to the petitioner's |
268 | licensed DUI program; and |
269 | 5.4. Has completed a DUI program licensed by the |
270 | department. |
271 | Section 5. Section 322.2715, Florida Statutes, is amended |
272 | to read: |
273 | 322.2715 Ignition interlock device.-- |
274 | (1) Before issuing a permanent or restricted driver's |
275 | license under this chapter, the department shall require the |
276 | placement of a department-approved ignition interlock device for |
277 | any person convicted of committing an offense of driving under |
278 | the influence as specified in subsection (3), except that |
279 | consideration may be given to those individuals having a |
280 | documented medical condition that would prohibit the device from |
281 | functioning normally. An interlock device shall be placed on all |
282 | vehicles that are individually or jointly leased or owned and |
283 | routinely operated by the convicted person. |
284 | (2) For purposes of this section, any conviction for a |
285 | violation of s. 316.193, a previous conviction for a violation |
286 | of former s. 316.1931, or a conviction outside this state for |
287 | driving under the influence, driving while intoxicated, driving |
288 | with an unlawful blood-alcohol level, or any other similar |
289 | alcohol-related or drug-related traffic offense is a conviction |
290 | of driving under the influence. |
291 | (3) If the person is convicted of: |
292 | (a) A first offense of driving under the influence under |
293 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
294 | alcohol level as specified in s. 316.193(4), or if a person is |
295 | convicted of a violation of s. 316.193 and was at the time of |
296 | the offense accompanied in the vehicle by a person younger than |
297 | 18 years of age, the person shall have the ignition interlock |
298 | device installed for 6 months for the first offense and for at |
299 | least 2 years for a second offense. |
300 | (b) A second offense of driving under the influence, the |
301 | ignition interlock device shall be installed for a period of not |
302 | less than 1 year. |
303 | (c) A third offense of driving under the influence which |
304 | occurs within 10 years after a prior conviction for a violation |
305 | of s. 316.193, the ignition interlock device shall be installed |
306 | for a period of not less than 2 years. |
307 | (d) A third offense of driving under the influence which |
308 | occurs more than 10 years after the date of a prior conviction, |
309 | the ignition interlock device shall be installed for a period of |
310 | not less than 2 years. |
311 | (e) A fourth or subsequent offense of driving under the |
312 | influence, the ignition interlock device shall be installed for |
313 | a period of not less than 10 years. |
314 | (4) If the court fails to order the mandatory placement of |
315 | the ignition interlock device or fails to order for the |
316 | applicable period the mandatory placement of an ignition |
317 | interlock device under s. 316.193 or s. 316.1937 at the time of |
318 | imposing sentence or within 30 days thereafter, the department |
319 | shall immediately require that the ignition interlock device be |
320 | installed as provided in this section, except that consideration |
321 | may be given to those individuals having a documented medical |
322 | condition that would prohibit the device from functioning |
323 | normally. This subsection applies to the reinstatement of the |
324 | driving privilege following a revocation, suspension, or |
325 | cancellation that is based upon a conviction for the offense of |
326 | driving under the influence which occurs on or after July 1, |
327 | 2005. |
328 | Section 6. Paragraph (e) of subsection (2) of section |
329 | 322.28, 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 |
332 | former s. 316.1931, the following provisions apply: |
333 | (e) The court shall permanently revoke the driver's |
334 | license or driving privilege of a person who has been convicted |
335 | four times for violation of s. 316.193 or former s. 316.1931 or |
336 | a combination of such sections. The court shall permanently |
337 | revoke the driver's license or driving privilege of any person |
338 | who has been convicted of DUI manslaughter in violation of s. |
339 | 316.193. If the court has not permanently revoked such driver's |
340 | license or driving privilege within 30 days after imposing |
341 | sentence, the department shall permanently revoke the driver's |
342 | license or driving privilege pursuant to this paragraph. No |
343 | driver's license or driving privilege may be issued or granted |
344 | to any such person except as described in s. 322.271. This |
345 | paragraph applies only if at least one of the convictions for |
346 | violation of s. 316.193 or former s. 316.1931 was for a |
347 | violation that occurred after July 1, 1982. For the purposes of |
348 | this paragraph, a conviction for violation of former s. 316.028, |
349 | former s. 316.1931, or former s. 860.01 is also considered a |
350 | conviction for violation of s. 316.193. Also, a conviction of |
351 | driving under the influence, driving while intoxicated, driving |
352 | with an unlawful blood-alcohol level, or any other similar |
353 | alcohol-related or drug-related traffic offense outside this |
354 | state is considered a conviction for the purposes of this |
355 | paragraph. |
356 | Section 7. This act shall take effect October 1, 2008. |