Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1394 Ì512206uÎ512206 LEGISLATIVE ACTION Senate . House Comm: PEND . 01/27/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 362 and 363 4 insert: 5 Section 13. Subsections (1), (3), and (4) of section 6 322.2715, Florida Statutes, are amended to read: 7 322.2715 Ignition interlock device.— 8 (1) Before issuing a permanent or restricted driver license 9 under this chapter, the department shall require the placement 10 of a department-approved ignition interlock device for any 11 person convicted of committing an offense of driving under the 12 influence as specified in subsection (3), except that 13 consideration may be given to those individuals having a 14 documented medical condition that would prohibit the device from 15 functioning normally. If a medical waiver has been granted for a 16 convicted person seeking a restricted license, the convicted 17 person shall not be entitled to a restricted license until the 18 required ignition interlock device installation period under 19 subsection (3) expires, in addition to the time requirements 20 under s. 322.271. If a medical waiver has been approved for a 21 convicted person seeking permanent reinstatement of the driver 22 license, the convicted person must be restricted to an 23 employment-purposes-only license and be supervised by a licensed 24 DUI program until the required ignition interlock device 25 installation period under subsection (3) expires. An interlock 26 device shall be placed on all vehicles that are individually or 27 jointly leased or owned and routinely operated by the convicted 28 person. Effective October 1, 2016, a qualified sobriety and drug 29 monitoring program as defined in s. 316.193(15) and authorized 30 by 23 U.S.C. s. 164 may be used by the department as an 31 alternative to the placement of an ignition interlock device 32 required by this section. 33 (3) If the person is convicted of: 34 (a) A first offense of driving under the influence under s. 35 316.193 and has an unlawful blood-alcohol level or breath 36 alcohol level as specified in s. 316.193(1), the ignition 37 interlock device may be installed for at least 6 continuous 38 months. 39 (b) A first offense of driving under the influence under s. 40 316.193 and has an unlawful blood-alcohol level or breath 41 alcohol level as specified in s. 316.193(4), or if a person is 42 convicted of a violation of s. 316.193 and was at the time of 43 the offense accompanied in the vehicle by a person younger than 44 18 years of age, the person shall have the ignition interlock 45 device installed for at least 6 continuous months for the first 46 offense and for at least 2 continuous years for a second 47 offense. 48 (c) A second offense of driving under the influence, the 49 ignition interlock device shall be installed for a period of at 50 least 1 continuous year. 51 (d) A third offense of driving under the influence which 52 occurs within 10 years after a prior conviction for a violation 53 of s. 316.193, the ignition interlock device shall be installed 54 for a period of at least 2 continuous years. 55 (e) A third offense of driving under the influence which 56 occurs more than 10 years after the date of a prior conviction, 57 the ignition interlock device shall be installed for a period of 58 at least 2 continuous years. 59 (f) A fourth or subsequent offense of driving under the 60 influence, the ignition interlock device shall be installed for 61 a period of at least 5 years. 62 63 Effective October 1, 2016, for the offenses specified in this 64 subsection, a qualified sobriety and drug monitoring program as 65 defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164 may 66 be used by the department as an alternative to the placement of 67 an ignition interlock device required by this section. 68 (4) If the court fails to order the mandatory placement of 69 the ignition interlock device or fails to order for the 70 applicable period the mandatory placement of an ignition 71 interlock device under s. 316.193 or s. 316.1937 at the time of 72 imposing sentence or within 30 days thereafter, the department 73 shall immediately require that the ignition interlock device be 74 installed as provided in this section, except that consideration 75 may be given to those individuals having a documented medical 76 condition that would prohibit the device from functioning 77 normally. Effective October 1, 2016, a qualified sobriety and 78 drug monitoring program as defined in s. 316.193(15) and 79 authorized by 23 U.S.C. s. 164 may be used by the department as 80 an alternative to the placement of an ignition interlock device 81 required by this section. This subsection applies to the 82 reinstatement of the driving privilege following a revocation, 83 suspension, or cancellation that is based upon a conviction for 84 the offense of driving under the influence which occurs on or 85 after July 1, 2005. 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete line 53 89 and insert: 90 mental condition; amending s. 322.2715, F.S.; 91 providing that a certain qualified sobriety and drug 92 monitoring program may be used by the department by a 93 specified date as an alternative to the placement of 94 an ignition interlock device; providing an effective 95 date.