January 24, 2021
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_h0369__
HB 369

1
A bill to be entitled
2An act relating to driving under the influence; amending
3s. 316.193, F.S.; requiring that ignition interlock
4devices be used for a specified period after a first
5conviction of certain offenses; revising provisions
6relating to the period for which an ignition interlock
7device may be required for a second conviction of certain
8offenses; amending s. 316.1937, F.S.; reducing the maximum
9permissible blood alcohol level at which an ignition
10interlock device will allow a vehicle to start; providing
11an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2) and paragraph (c) of subsection
16(4) of section 316.193, Florida Statutes, are amended to read:
17     316.193  Driving under the influence; penalties.--
18     (2)(a)  Except as provided in paragraph (b), subsection
19(3), or subsection (4), any person who is convicted of a
20violation of subsection (1) shall be punished:
21     1.  By a fine of:
22     a.  Not less than $250 or more than $500 for a first
23conviction; and.
24     b.  Not less than $500 or more than $1,000 for a second
25conviction; and
26     2.  By imprisonment for:
27     a.  Not more than 6 months for a first conviction; and.
28     b.  Not more than 9 months for a second conviction; and.
29     3.  For a second conviction, By mandatory placement for a
30period of at least 1 year, at the convicted person's sole
31expense, of an ignition interlock device approved by the
32department in accordance with s. 316.1938 upon all vehicles that
33are individually or jointly leased or owned and routinely
34operated by the convicted person, when the convicted person
35qualifies for a permanent or restricted license, for:
36     a.  At least 6 months for a first conviction when the
37convicted person has been referred to a substance abuse
38treatment provider, as provided in subsection (5); and
39     b.  At least 1 year for a second conviction. The
40installation of such device may not occur before July 1, 2003.
41     (b)1.  Any person who is convicted of a third violation of
42this section for an offense that occurs within 10 years after a
43prior conviction for a violation of this section commits a
44felony of the third degree, punishable as provided in s.
45775.082, s. 775.083, or s. 775.084. In addition, the court shall
46order the mandatory placement for a period of not less than 2
47years, at the convicted person's sole expense, of an ignition
48interlock device approved by the department in accordance with
49s. 316.1938 upon all vehicles that are individually or jointly
50leased or owned and routinely operated by the convicted person,
51when the convicted person qualifies for a permanent or
52restricted license. The installation of such device may not
53occur before July 1, 2003.
54     2.  Any person who is convicted of a third violation of
55this section for an offense that occurs more than 10 years after
56the date of a prior conviction for a violation of this section
57shall be punished by a fine of not less than $1,000 or more than
58$2,500 and by imprisonment for not more than 12 months. In
59addition, the court shall order the mandatory placement for a
60period of at least 2 years, at the convicted person's sole
61expense, of an ignition interlock device approved by the
62department in accordance with s. 316.1938 upon all vehicles that
63are individually or jointly leased or owned and routinely
64operated by the convicted person, when the convicted person
65qualifies for a permanent or restricted license. The
66installation of such device may not occur before July 1, 2003.
67     3.  Any person who is convicted of a fourth or subsequent
68violation of this section, regardless of when any prior
69conviction for a violation of this section occurred, commits a
70felony of the third degree, punishable as provided in s.
71775.082, s. 775.083, or s. 775.084. However, the fine imposed
72for such fourth or subsequent violation may be not less than
73$1,000.
74     (4)  Any person who is convicted of a violation of
75subsection (1) and who has a blood-alcohol level or breath-
76alcohol level of 0.20 or higher, or any person who is convicted
77of a violation of subsection (1) and who at the time of the
78offense was accompanied in the vehicle by a person under the age
79of 18 years, shall be punished:
80     (c)  In addition to the penalties in paragraphs (a) and
81(b), the court shall order the mandatory placement, at the
82convicted person's sole expense, of an ignition interlock device
83approved by the department in accordance with s. 316.1938 upon
84all vehicles that are individually or jointly leased or owned
85and routinely operated by the convicted person for at least 1
86year up to 6 months for the first offense and for at least 2
87years for a second offense, when the convicted person qualifies
88for a permanent or restricted license. The installation of such
89device may not occur before July 1, 2003.
90     Section 2.  Subsection (1) of section 316.1937, Florida
91Statutes, is amended to read:
92     316.1937  Ignition interlock devices, requiring; unlawful
93acts.--
94     (1)  In addition to any other authorized penalties, the
95court may require that any person who is convicted of driving
96under the influence in violation of s. 316.193 shall not operate
97a motor vehicle unless that vehicle is equipped with a
98functioning ignition interlock device certified by the
99department as provided in s. 316.1938, and installed in such a
100manner that the vehicle will not start if the operator's blood
101alcohol level is in excess of 0.025 0.05 percent or as otherwise
102specified by the court. The court may require the use of an
103approved ignition interlock device for a period of not less than
1046 months, if the person is permitted to operate a motor vehicle,
105whether or not the privilege to operate a motor vehicle is
106restricted, as determined by the court. The court, however,
107shall order placement of an ignition interlock device in those
108circumstances required by s. 316.193.
109     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
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