Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/CS/HB 7005, 2nd Eng.
Senate . House
Floor: WD .
05/01/2014 02:16 PM .
Senator Latvala moved the following:
1 Senate Amendment (with title amendment)
3 Delete lines 522 - 597
4 and insert:
5 been certified and who has been selected to provide service
6 pursuant to a competitive solicitation process under s. 287.057.
(3) The contract between the department and an ignition
8 interlock device service provider must include the following:
9 shall design and adopt by rule
10 (a) Provisions for the effective and efficient installation
11 and removal of the ignition interlock device.
12 (b) Requirements for the provision of services, inspection,
13 and monitoring of the ignition interlock device.
14 (c) A requirement for the provider to electronically
15 transmit reports to the department regarding driver activity,
16 bypass approval, compliance, client violations, and other
17 reports in a format determined by the department.
18 (d) Requirements for a detailed implementation plan that
19 outlines the steps and the timeframe necessary for the ignition
20 interlock device provider to be fully operational.
21 (e) Provisions for the collection and remittance of all
22 state revenues.
23 (f) Provisions for corrective action to be taken if the
24 ignition interlock device provider is out of compliance,
25 including penalty provisions and liquidated damages.
26 (g) Requirements for security protection for ignition
27 interlock devices, including, but not limited to, each device
28 being capable of recording each event and providing visual
29 evidence of any actual or attempted tampering, alteration,
30 bypass, or circumvention.
31 (h) A provision to ensure processing and continuous
32 monitoring are achieved for all ignition interlock device
33 clients who require transition of services.
34 (i) Provisions for training for service center technicians,
35 clients, toll-free help line staff, the department, and DUI
37 (j) A requirement for the ignition interlock device
38 provider to maintain a readily accessible service center in each
39 judicial circuit. The service center must be adequately staffed
40 and equipped to provide all ignition interlock device support
42 (k) Requirements for a transition plan for the ignition
43 interlock device provider before the provider leaves the state
44 to ensure that continuous monitoring is achieved.
45 (l) A requirement for the ignition interlock device
46 provider to have and maintain a surety bond or irrevocable
47 letter of credit in the amount of $200,000 executed by the
49 (m) A requirement that, before beginning work, the ignition
50 interlock device provider have and maintain insurance as
51 approved by the department, including workers’ compensation
52 insurance, vendor’s public liability and property damage
53 insurance, and subcontractors’ public liability and property
54 damage insurance.
55 (n) Requirements for the ignition interlock device provider
56 to maintain client information and financial records, including
57 requirements for electronic storage media formats. Such records
58 must be maintained in accordance with generally accepted
59 accounting procedures and practices that sufficiently and
60 properly reflect all revenues and expenditures of funds. Such
61 records are subject to inspection, review, or audit by state
62 personnel authorized by the department. Upon termination or
63 expiration of the contract, all such client records shall be
64 submitted to the department at no cost to the department.
65 (o) A requirement for a warning label to which shall be
66 affixed to each ignition interlock device upon installation. The
67 label must shall contain a warning that any person who tampers
68 with, circumvents, tampering, circumventing, or otherwise
69 misuses misusing the device commits is guilty of a violation of
70 law and may be subject to civil liability.
71 (p) A provision requiring the provider to replace defective
72 ignition interlock devices at no cost to the client.
73 (5) An ignition interlock device provider must maintain the
74 confidentiality of all personal information received under its
75 duties as an ignition interlock device provider in accordance
76 with chapter 119 and the federal Driver’s Privacy Protection Act
77 of 1994, 18 U.S.C. ss. 2721 et seq.
79 ================= T I T L E A M E N D M E N T ================
80 And the title is amended as follows:
81 Delete lines 42 - 43
82 and insert:
83 under specified provisions; amending s. 316.1975,