| 1 | A bill to be entitled |
| 2 | An act relating to penalties for driving under the |
| 3 | influence; amending s. 316.193, F.S.; providing for |
| 4 | mandatory placement of an ignition interlock device on all |
| 5 | vehicles owned and operated by a person convicted of four |
| 6 | or more DUIs if the person obtains a restricted license or |
| 7 | permit; increasing the amount of a fine that may be |
| 8 | imposed under certain conditions; providing for |
| 9 | distribution of the additional funds; amending s. 322.271, |
| 10 | F.S.; providing a petition and license-reinstatement |
| 11 | process for those persons whose license has been |
| 12 | permanently revoked for multiple DUI convictions; |
| 13 | providing timeframes and criteria for the petition and |
| 14 | reinstatement process; requiring quarterly review of |
| 15 | reinstated drivers by a licensed DUI program; requiring |
| 16 | the reinstated license to be restricted for employment- |
| 17 | only purposes for at least 1 year; requiring an ignition |
| 18 | interlock device for reinstated drivers; requiring |
| 19 | reinstated drivers to assume the costs of supervision; |
| 20 | providing for revocation of driving privilege after |
| 21 | reinstatement under certain circumstances; amending s. |
| 22 | 322.2715, F.S.; requiring an ignition interlock device for |
| 23 | a 5-year period for persons convicted of four or more |
| 24 | DUIs; amending s. 322.28, F.S.; providing an exception to |
| 25 | permanent license revocation for persons approved through |
| 26 | the petition and license-reinstatement process; providing |
| 27 | an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Paragraph (b) of subsection (2) and paragraph |
| 32 | (a) of subsection (6) of section 316.193, Florida Statutes, are |
| 33 | amended to read: |
| 34 | 316.193 Driving under the influence; penalties.-- |
| 35 | (2) |
| 36 | (b)1. Any person who is convicted of a third violation of |
| 37 | this section for an offense that occurs within 10 years after a |
| 38 | prior conviction for a violation of this section commits a |
| 39 | felony of the third degree, punishable as provided in s. |
| 40 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
| 41 | order the mandatory placement for a period of not less than 2 |
| 42 | years, at the convicted person's sole expense, of an ignition |
| 43 | interlock device approved by the department in accordance with |
| 44 | s. 316.1938 upon all vehicles that are individually or jointly |
| 45 | leased or owned and routinely operated by the convicted person, |
| 46 | when the convicted person qualifies for a permanent or |
| 47 | restricted license. The installation of such device may not |
| 48 | occur before July 1, 2003. |
| 49 | 2. Any person who is convicted of a third violation of |
| 50 | this section for an offense that occurs more than 10 years after |
| 51 | the date of a prior conviction for a violation of this section |
| 52 | shall be punished by a fine of not less than $2,000 or more than |
| 53 | $5,000 and by imprisonment for not more than 12 months. In |
| 54 | addition, the court shall order the mandatory placement for a |
| 55 | period of at least 2 years, at the convicted person's sole |
| 56 | expense, of an ignition interlock device approved by the |
| 57 | department in accordance with s. 316.1938 upon all vehicles that |
| 58 | are individually or jointly leased or owned and routinely |
| 59 | operated by the convicted person, when the convicted person |
| 60 | qualifies for a permanent or restricted license. The |
| 61 | installation of such device may not occur before July 1, 2003. |
| 62 | 3. Any person who is convicted of a fourth or subsequent |
| 63 | violation of this section, regardless of when any prior |
| 64 | conviction for a violation of this section occurred, commits a |
| 65 | felony of the third degree, punishable as provided in s. |
| 66 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
| 67 | for such fourth or subsequent violation may be not less than |
| 68 | $2,000. |
| 69 | 4. The court shall order the mandatory placement for a |
| 70 | period of at least 5 years, at the convicted person's sole |
| 71 | expense, of an ignition interlock device approved by the |
| 72 | department in accordance with s. 316.1938 upon all vehicles that |
| 73 | are individually or jointly leased or owned and routinely |
| 74 | operated by any person convicted of a fourth or subsequent |
| 75 | violation of this section, if the convicted person obtains a |
| 76 | restricted license or permit. This requirement applies |
| 77 | regardless of whether the conviction was for a misdemeanor or |
| 78 | felony offense. |
| 79 | (6) With respect to any person convicted of a violation of |
| 80 | subsection (1), regardless of any penalty imposed pursuant to |
| 81 | subsection (2), subsection (3), or subsection (4): |
| 82 | (a) For the first conviction, the court shall place the |
| 83 | defendant on probation for a period not to exceed 1 year and, as |
| 84 | a condition of such probation, shall order the defendant to |
| 85 | participate in public service or a community work project for a |
| 86 | minimum of 50 hours; or the court may order instead, that any |
| 87 | defendant pay an additional fine of $50 $10 for each hour of |
| 88 | public service or community work otherwise required, if, after |
| 89 | consideration of the residence or location of the defendant at |
| 90 | the time public service or community work is required, payment |
| 91 | of the fine is in the best interests of the state. Of each $50 |
| 92 | collected pursuant to this paragraph, $30 shall be deposited in |
| 93 | the State Courts Revenue Trust Fund, $5 shall be deposited in |
| 94 | the State Attorneys Revenue Trust Fund, and $5 shall be |
| 95 | deposited in the Public Defenders Revenue Trust Fund. However, |
| 96 | the total period of probation and incarceration may not exceed 1 |
| 97 | year. The court must also, as a condition of probation, order |
| 98 | the impoundment or immobilization of the vehicle that was |
| 99 | operated by or in the actual control of the defendant or any one |
| 100 | vehicle registered in the defendant's name at the time of |
| 101 | impoundment or immobilization, for a period of 10 days or for |
| 102 | the unexpired term of any lease or rental agreement that expires |
| 103 | within 10 days. The impoundment or immobilization must not occur |
| 104 | concurrently with the incarceration of the defendant. The |
| 105 | impoundment or immobilization order may be dismissed in |
| 106 | accordance with paragraph (e), paragraph (f), paragraph (g), or |
| 107 | paragraph (h). |
| 108 |
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| 109 | For the purposes of this section, any conviction for a violation |
| 110 | of s. 327.35; a previous conviction for the violation of former |
| 111 | s. 316.1931, former s. 860.01, or former s. 316.028; or a |
| 112 | previous conviction outside this state for driving under the |
| 113 | influence, driving while intoxicated, driving with an unlawful |
| 114 | blood-alcohol level, driving with an unlawful breath-alcohol |
| 115 | level, or any other similar alcohol-related or drug-related |
| 116 | traffic offense, is also considered a previous conviction for |
| 117 | violation of this section. However, in satisfaction of the fine |
| 118 | imposed pursuant to this section, the court may, upon a finding |
| 119 | that the defendant is financially unable to pay either all or |
| 120 | part of the fine, order that the defendant participate for a |
| 121 | specified additional period of time in public service or a |
| 122 | community work project in lieu of payment of that portion of the |
| 123 | fine which the court determines the defendant is unable to pay. |
| 124 | In determining such additional sentence, the court shall |
| 125 | consider the amount of the unpaid portion of the fine and the |
| 126 | reasonable value of the services to be ordered; however, the |
| 127 | court may not compute the reasonable value of services at a rate |
| 128 | less than the federal minimum wage at the time of sentencing. |
| 129 | Section 2. Subsection (6) is added to section 322.271, |
| 130 | Florida Statutes, to read: |
| 131 | 322.271 Authority to modify revocation, cancellation, or |
| 132 | suspension order.-- |
| 133 | (6) A person whose driving privilege has been permanently |
| 134 | revoked because he or she has been convicted of DUI four times |
| 135 | may, upon the expiration of 10 years after the date of such |
| 136 | revocation or the expiration of 10 years after the termination |
| 137 | of any term of incarceration under s. 316.193 or former s. |
| 138 | 316.1931, whichever date is later, petition the department for |
| 139 | reinstatement of his or her driving privilege. For each |
| 140 | additional conviction of DUI the period of time before the |
| 141 | eligibility for application under this subsection is extended by |
| 142 | 5 years. |
| 143 | (a) Within 30 days after the receipt of such a petition, |
| 144 | the department shall afford the petitioner an opportunity for a |
| 145 | hearing. At the hearing, the petitioner must demonstrate to the |
| 146 | department that he or she: |
| 147 | 1. Has not been arrested for a drug-related offense during |
| 148 | the 5 years preceding the filing of the petition; |
| 149 | 2. Has not driven a motor vehicle without a license for at |
| 150 | least 5 years prior to the hearing; |
| 151 | 3. Has been drug-free for at least 5 years prior to the |
| 152 | hearing; and |
| 153 | 4. Has completed a DUI program licensed by the department. |
| 154 | (b) At such hearing, the department shall determine the |
| 155 | petitioner's qualification, fitness, and need to drive. Upon |
| 156 | such determination, the department may, in its discretion, |
| 157 | reinstate the driver's license of the petitioner. Such |
| 158 | reinstatement must be made subject to the following |
| 159 | qualifications: |
| 160 | 1. The license must be restricted for employment purposes |
| 161 | for not less than 1 year. |
| 162 | 2. Such person must be supervised by a DUI program |
| 163 | licensed by the department and report to the program for such |
| 164 | supervision and education at least four times a year or |
| 165 | additionally as required by the program. Such supervision shall |
| 166 | include evaluation, education, referral into treatment, and |
| 167 | other activities required by the department. |
| 168 | 3. Such person must comply with the ignition interlock |
| 169 | provisions required in s. 322.2715. |
| 170 | (c) Such person must assume the reasonable costs of |
| 171 | supervision. If such person fails to comply with the required |
| 172 | supervision, the program shall report the failure to the |
| 173 | department, and the department shall cancel such person's |
| 174 | driving privilege. |
| 175 | (d) If, after reinstatement, such person is convicted of |
| 176 | an offense for which mandatory revocation of his or her license |
| 177 | is required, the department shall revoke his or her driving |
| 178 | privilege. |
| 179 | Section 3. Paragraph (e) is added to subsection (3) of |
| 180 | section 322.2715, Florida Statutes, to read: |
| 181 | 322.2715 Ignition interlock device.-- |
| 182 | (3) If the person is convicted of: |
| 183 | (e) A fourth or subsequent offense of driving under the |
| 184 | influence, the ignition interlock device shall be installed for |
| 185 | a period of not less than 5 years. |
| 186 | Section 4. Paragraph (e) of subsection (2) of section |
| 187 | 322.28, Florida Statutes, is amended to read: |
| 188 | 322.28 Period of suspension or revocation.-- |
| 189 | (2) In a prosecution for a violation of s. 316.193 or |
| 190 | former s. 316.1931, the following provisions apply: |
| 191 | (e) The court shall permanently revoke the driver's |
| 192 | license or driving privilege of a person who has been convicted |
| 193 | four times for violation of s. 316.193 or former s. 316.1931 or |
| 194 | a combination of such sections. The court shall permanently |
| 195 | revoke the driver's license or driving privilege of any person |
| 196 | who has been convicted of DUI manslaughter in violation of s. |
| 197 | 316.193. If the court has not permanently revoked such driver's |
| 198 | license or driving privilege within 30 days after imposing |
| 199 | sentence, the department shall permanently revoke the driver's |
| 200 | license or driving privilege pursuant to this paragraph. No |
| 201 | driver's license or driving privilege may be issued or granted |
| 202 | to any such person except as provided in s. 322.271. This |
| 203 | paragraph applies only if at least one of the convictions for |
| 204 | violation of s. 316.193 or former s. 316.1931 was for a |
| 205 | violation that occurred after July 1, 1982. For the purposes of |
| 206 | this paragraph, a conviction for violation of former s. 316.028, |
| 207 | former s. 316.1931, or former s. 860.01 is also considered a |
| 208 | conviction for violation of s. 316.193. Also, a conviction of |
| 209 | driving under the influence, driving while intoxicated, driving |
| 210 | with an unlawful blood-alcohol level, or any other similar |
| 211 | alcohol-related or drug-related traffic offense outside this |
| 212 | state is considered a conviction for the purposes of this |
| 213 | paragraph. |
| 214 | Section 5. This act shall take effect July 1, 2009. |