January 24, 2021
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_h0369c1
CS/HB 369

1
A bill to be entitled
2An act relating to driving under the influence; providing
3a short title; amending s. 316.193, F.S.; requiring that
4ignition interlock devices be used for a specified period
5after a first conviction of certain offenses; revising
6provisions relating to the period for which an ignition
7interlock device may be required for a second conviction
8of certain offenses; amending s. 322.2715, F.S.; requiring
9ignition interlock devices to be set to prevent a vehicle
10from starting if the operator's blood alcohol level
11exceeds a specified amount; revising the time that
12ignition interlock devices must be used after a first
13conviction of certain offenses; requiring the Department
14of Highway Safety and Motor Vehicles to require
15installation an ignition interlock device if a court fails
16or neglects to order installation under a specified
17provision; providing an appropriation; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act may be cited as the "Grace Redgate
23Act."
24     Section 2.  Subsection (2) and paragraph (c) of subsection
25(4) of section 316.193, Florida Statutes, are amended to read:
26     316.193  Driving under the influence; penalties.--
27     (2)(a)  Except as provided in paragraph (b), subsection
28(3), or subsection (4), any person who is convicted of a
29violation of subsection (1) shall be punished:
30     1.  By a fine of:
31     a.  Not less than $250 or more than $500 for a first
32conviction; and.
33     b.  Not less than $500 or more than $1,000 for a second
34conviction; and
35     2.  By imprisonment for:
36     a.  Not more than 6 months for a first conviction; and.
37     b.  Not more than 9 months for a second conviction; and.
38     3.  For a second conviction, By mandatory placement for a
39period of at least 1 year, at the convicted person's sole
40expense, of an ignition interlock device approved by the
41department in accordance with s. 316.1938 upon all vehicles that
42are individually or jointly leased or owned and routinely
43operated by the convicted person, when the convicted person
44qualifies for a permanent or restricted license, for:
45     a.  At least 6 months for a first conviction if the person
46had a blood alcohol level or breath alcohol level of 0.15 or
47higher but less than 0.20 at the time of the offense.
48     b.  At least 1 year for a second conviction. The
49installation of such device may not occur before July 1, 2003.
50     (b)1.  Any person who is convicted of a third violation of
51this section for an offense that occurs within 10 years after a
52prior conviction for a violation of this section commits a
53felony of the third degree, punishable as provided in s.
54775.082, s. 775.083, or s. 775.084. In addition, the court shall
55order the mandatory placement for a period of not less than 2
56years, at the convicted person's sole expense, of an ignition
57interlock device approved by the department in accordance with
58s. 316.1938 upon all vehicles that are individually or jointly
59leased or owned and routinely operated by the convicted person,
60when the convicted person qualifies for a permanent or
61restricted license. The installation of such device may not
62occur before July 1, 2003.
63     2.  Any person who is convicted of a third violation of
64this section for an offense that occurs more than 10 years after
65the date of a prior conviction for a violation of this section
66shall be punished by a fine of not less than $1,000 or more than
67$2,500 and by imprisonment for not more than 12 months. In
68addition, the court shall order the mandatory placement for a
69period of at least 2 years, at the convicted person's sole
70expense, of an ignition interlock device approved by the
71department in accordance with s. 316.1938 upon all vehicles that
72are individually or jointly leased or owned and routinely
73operated by the convicted person, when the convicted person
74qualifies for a permanent or restricted license. The
75installation of such device may not occur before July 1, 2003.
76     3.  Any person who is convicted of a fourth or subsequent
77violation of this section, regardless of when any prior
78conviction for a violation of this section occurred, commits a
79felony of the third degree, punishable as provided in s.
80775.082, s. 775.083, or s. 775.084. However, the fine imposed
81for such fourth or subsequent violation may be not less than
82$1,000.
83     (4)  Any person who is convicted of a violation of
84subsection (1) and who has a blood-alcohol level or breath-
85alcohol level of 0.20 or higher, or any person who is convicted
86of a violation of subsection (1) and who at the time of the
87offense was accompanied in the vehicle by a person under the age
88of 18 years, shall be punished:
89     (c)  In addition to the penalties in paragraphs (a) and
90(b), the court shall order the mandatory placement, at the
91convicted person's sole expense, of an ignition interlock device
92approved by the department in accordance with s. 316.1938 upon
93all vehicles that are individually or jointly leased or owned
94and routinely operated by the convicted person for at least 1
95year up to 6 months for the first offense and for at least 2
96years for a second offense, when the convicted person qualifies
97for a permanent or restricted license. The installation of such
98device may not occur before July 1, 2003.
99     Section 3.  Subsection (1) and paragraph (a) of subsection
100(3) and of section 322.2715, Florida Statutes, are amended to
101read:
102     322.2715  Ignition interlock device.--
103     (1)  Before issuing a permanent or restricted driver's
104license under this chapter, the department shall require the
105placement of a department-approved ignition interlock device,
106installed in such a manner that the vehicle will not start if
107the operator's blood alcohol level is in excess of the level
108provided in s. 316.1937(1), for any person convicted of
109committing an offense of driving under the influence as
110specified in subsection (3), except that consideration may be
111given to those individuals having a documented medical condition
112that would prohibit the device from functioning normally. An
113interlock device shall be placed on all vehicles that are
114individually or jointly leased or owned and routinely operated
115by the convicted person.
116     (3)  If the person is convicted of:
117     (a)  A first offense of driving under the influence under
118s. 316.193 and has an unlawful blood-alcohol level or breath-
119alcohol level as specified in s. 316.193(4), or if a person is
120convicted of a violation of s. 316.193 and was at the time of
121the offense accompanied in the vehicle by a person younger than
12218 years of age, the person shall have the ignition interlock
123device installed for 1 year 6 months for the first offense and
124for at least 2 years for a second offense. The ignition
125interlock device shall be installed for at least 6 months for a
126first conviction if the person had a blood alcohol level or
127breath level of 0.15 or higher but less than 0.20 at the time of
128the offense and at least 1 year for a second conviction as
129specified in s. 316.193(2). If the court fails or neglects to
130order the ignition interlock device to be installed pursuant to
131this section, the department shall require the installation of
132the device.
133     Section 4.  Beginning in fiscal year 2008-2009, there is
134appropriated $100,000 recurring from the Highway Safety
135Operating Trust Fund to the Department of Highway Safety and
136Motor Vehicles to be used for the purposes of implementing the
137program in section 322.2715, Florida Statutes.
138     Section 5.  This act shall take effect October 1, 2008.


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