The Florida Senate

316.1937  Ignition interlock devices, requiring; unlawful acts.--

(1)  In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193, and who is granted probation, shall not operate a motor vehicle during the period of probation unless that vehicle is equipped with a functioning ignition interlock device certified by the department as provided in s. 316.1938, and installed in such a manner that the vehicle will not start if the operator's blood alcohol level is in excess of 0.05 percent or as otherwise specified by the court. The court may require the use of an approved ignition interlock device for the period of probation, said period to be for not less than 6 months, if the person is permitted to operate a motor vehicle, whether the privilege to operate a motor vehicle is restricted or not, as determined by the court.

(2)  If the court imposes the use of an ignition interlock device as a condition of probation, the court shall:

(a)  Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device.

(b)  Order that the records of the department reflect such requirement.

(c)  Order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the probationer.

(d)  Determine the probationer's ability to pay for installation of the device if the probationer claims inability to pay. If the court determines that the probationer is unable to pay for installation of the device, the court may order that any portion of a fine paid by the probationer for a violation of s. 316.193 shall be allocated to defray the costs of installing the device.

(e)  Require proof of installation of the device and periodic reporting to the probation officer for verification of the operation of the device in the probationer's vehicle.

(3)  If the court imposes the use of an ignition interlock device as a term of probation on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to the probation officer within 30 days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall revoke or terminate the person's probation.

(4)  If the court imposes the use of an ignition interlock device as a term of probation on a person whose driving privilege is suspended or revoked for a period of less than 3 years, the department shall require proof of compliance before reinstatement of the person's driving privilege.

(5)(a)  In addition to any other provision of law, upon conviction of a violation of this section the department shall revoke the person's driving privilege for 1 year from the date of conviction. Upon conviction of a separate violation of this section during the same period of required use of an ignition interlock device, the department shall revoke the person's driving privilege for 5 years from the date of conviction.

(b)  Any person convicted of a violation of subsection (6) who does not have a driver's license shall, in addition to any other penalty provided by law, pay a fine of not less than $250 or more than $500 per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of subsection (6) and payment shall be made pursuant to s. 316.3025(4).

(6)(a)  It is unlawful to tamper with, or to circumvent the operation of, a court-ordered ignition interlock device.

(b)  It is unlawful for any person whose driving privilege is restricted pursuant to this section to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

(c)  It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to this section.

(d)  It is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted under a condition of probation as provided in this section, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted under a condition of probation requiring an ignition interlock device shall notify any other person who leases or loans a motor vehicle to him or her of such driving restriction.

(7)  Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.

(8)  In addition to the penalties provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--s. 1, ch. 90-253; ss. 16, 19, ch. 91-255; s. 18, ch. 94-306; s. 141, ch. 99-248.