July 14, 2020
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       Florida Senate - 2010                                     SB 924
       
       
       
       By Senator Wise
       
       
       
       
       5-00787A-10                                            2010924__
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         amending s. 316.193, F.S.; requiring that an ignition
    4         interlock device be used for a specified period after
    5         a first conviction of driving under the influence of
    6         alcohol; revising the period for which an ignition
    7         interlock device is required if the offender’s blood
    8         alcohol or breath-alcohol level is 0.15 percent or
    9         higher or if minor was in the vehicle; amending s.
   10         316.1937, F.S.; requiring a court to order a person
   11         who is convicted of driving under the influence not to
   12         operate a motor vehicle for up to a specified period
   13         unless that vehicle is equipped with a functioning
   14         ignition interlock device; setting forth the standard
   15         to be used by the court in determining whether a
   16         person is able to pay for an ignition interlock
   17         device; requiring a person who uses a vehicle equipped
   18         with an ignition interlock device to obtain an
   19         ignition interlock-restricted driver’s license from
   20         the Department of Highway Safety and Motor Vehicles;
   21         authorizing a court to extend the time an offender
   22         must use an ignition interlock device if the offender
   23         requests or solicits any other person to blow into an
   24         ignition interlock device in place of the offender;
   25         amending s. 316.1939, F.S.; increasing the length of
   26         time of a driver’s license suspension for a second or
   27         subsequent refusal to submit to a breath, urine, or
   28         blood test; amending s. 322.2715, F.S.; increasing the
   29         time that an ignition interlock device must be used by
   30         a convicted driver, to conform to changes made by the
   31         act; increasing the fee imposed for installing the
   32         device; amending s. 322.28, F.S.; authorizing a person
   33         convicted of driving under the influence of alcohol or
   34         chemical substances to petition the court to approve
   35         receipt of a restricted driver’s license under certain
   36         circumstances and with specified conditions; providing
   37         an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraph (a) of subsection (2) and paragraph
   42  (c) of subsection (4) of section 316.193, Florida Statutes, are
   43  amended to read:
   44         316.193 Driving under the influence; penalties.—
   45         (2)(a) Except as provided in paragraph (b), subsection (3),
   46  or subsection (4), any person who is convicted of a violation of
   47  subsection (1) shall be punished:
   48         1. By a fine of:
   49         a. Not less than $500 or more than $1,000 for a first
   50  conviction.
   51         b. Not less than $1,000 or more than $2,000 for a second
   52  conviction; and
   53         2. By imprisonment for:
   54         a. Not more than 6 months for a first conviction.
   55         b. Not more than 9 months for a second conviction.
   56         3.By placing for a period of 6 months, at the convicted
   57  person’s sole expense, an ignition interlock device approved by
   58  the department in accordance with s. 316.1938 upon any vehicle
   59  operated by the convicted person, if the convicted person
   60  qualifies for a permanent or restricted license.
   61         4.3.For a second conviction, By placing mandatory
   62  placement for a period of at least 1 year, for a second
   63  conviction, at the convicted person’s sole expense, of an
   64  ignition interlock device approved by the department in
   65  accordance with s. 316.1938 upon any vehicle all vehicles that
   66  are individually or jointly leased or owned and routinely
   67  operated by the convicted person, if when the convicted person
   68  qualifies for a permanent or restricted license. The
   69  installation of such device may not occur before July 1, 2003.
   70         (4) Any person who is convicted of a violation of
   71  subsection (1) and who has a blood-alcohol level or breath
   72  alcohol level of 0.15 or higher, or any person who is convicted
   73  of a violation of subsection (1) and who at the time of the
   74  offense was accompanied in the vehicle by a person under the age
   75  of 18 years, shall be punished:
   76         (c) In addition to the penalties in paragraphs (a) and (b),
   77  the court shall order the mandatory placement, at the convicted
   78  person’s sole expense, of an ignition interlock device approved
   79  by the department in accordance with s. 316.1938 upon any
   80  vehicle all vehicles that are individually or jointly leased or
   81  owned and routinely operated by the convicted person for not
   82  less than 1 year 6 continuous months for the first offense and
   83  for not less than 2 continuous years for a second offense, when
   84  the convicted person qualifies for a permanent or restricted
   85  license.
   86         Section 2. Subsections (1) and (2) and paragraph (b) of
   87  subsection (6) of section 316.1937, Florida Statutes, are
   88  amended to read:
   89         316.1937 Ignition interlock devices, requiring; unlawful
   90  acts.—
   91         (1) In addition to any other authorized penalties, the
   92  court shall prohibit may require that any person who is
   93  convicted of driving under the influence in violation of s.
   94  316.193 from operating shall not operate a motor vehicle unless
   95  that vehicle is equipped with a functioning ignition interlock
   96  device certified by the department as provided in s. 316.1938,
   97  and installed in such a manner that the vehicle will not start
   98  if the operator’s blood alcohol level is in excess of 0.05
   99  percent or as otherwise specified by the court. The court shall
  100  may require the use of an approved ignition interlock device for
  101  a period of not less than 6 continuous months, if the person is
  102  permitted to operate a motor vehicle, whether or not the
  103  privilege to operate a motor vehicle is restricted, as
  104  determined by the court. The court, however, shall order
  105  placement of an ignition interlock device in those circumstances
  106  required by s. 316.193.
  107         (2) When If the court imposes the use of an ignition
  108  interlock device, the court shall:
  109         (a) Stipulate on the record the requirement for, and the
  110  period of, the use of a certified ignition interlock device.
  111         (b) Order that the records of the department reflect such
  112  requirement.
  113         (c) Order that an ignition interlock device be installed,
  114  as the court may determine necessary, on any vehicle owned or
  115  operated by the person.
  116         (d) Determine the person’s ability to pay for installation
  117  of the device if the person claims inability to pay. The court
  118  shall base its determination on an objective standard of the
  119  convicted person’s eligibility for representation by a public
  120  defender or eligibility for food stamps. If the court determines
  121  that the person is unable to pay for installation of the device,
  122  the court may order that any portion of a fine paid by the
  123  person for a violation of s. 316.193 shall be allocated to
  124  defray the costs of installing the device.
  125         (e) Require proof of installation of the device and
  126  periodic reporting to the department for verification of the
  127  operation of the device in the person’s vehicle.
  128         (f)Require that anyone who is required to use a vehicle
  129  equipped with an ignition interlock device first obtain a
  130  license from the department which clearly states that the driver
  131  of the vehicle is restricted to operating a vehicle equipped
  132  with an ignition interlock device.
  133         (6)
  134         (b) It is unlawful for any person whose driving privilege
  135  is restricted pursuant to this section to request or solicit any
  136  other person to blow into an ignition interlock device or to
  137  start a motor vehicle equipped with the device for the purpose
  138  of providing the person so restricted with an operable motor
  139  vehicle. A court shall extend the time that an offender is
  140  required to use an ignition interlock device for at least 3
  141  months but not more than 6 months if an offender violates this
  142  paragraph.
  143         Section 3. Subsection (1) of section 316.1939, Florida
  144  Statutes, is amended to read:
  145         316.1939 Refusal to submit to testing; penalties.—
  146         (1) Any person who has refused to submit to a chemical or
  147  physical test of his or her breath, blood, or urine, as
  148  described in s. 316.1932, and whose driving privilege was
  149  previously suspended for a prior refusal to submit to a lawful
  150  test of his or her breath, urine, or blood, and:
  151         (a) Who the arresting law enforcement officer had probable
  152  cause to believe was driving or in actual physical control of a
  153  motor vehicle in this state while under the influence of
  154  alcoholic beverages, chemical substances, or controlled
  155  substances;
  156         (b) Who was placed under lawful arrest for a violation of
  157  s. 316.193 unless such test was requested pursuant to s.
  158  316.1932(1)(c);
  159         (c) Who was informed that, if he or she refused to submit
  160  to such test, his or her privilege to operate a motor vehicle
  161  would be suspended for a period of 1 year or, in the case of a
  162  second or subsequent refusal, for a period of 2 years 18 months;
  163         (d) Who was informed that a refusal to submit to a lawful
  164  test of his or her breath, urine, or blood, if his or her
  165  driving privilege has been previously suspended for a prior
  166  refusal to submit to a lawful test of his or her breath, urine,
  167  or blood, is a misdemeanor; and
  168         (e) Who, after having been so informed, refused to submit
  169  to any such test when requested to do so by a law enforcement
  170  officer or correctional officer
  171  
  172  commits a misdemeanor of the first degree and is subject to
  173  punishment as provided in s. 775.082 or s. 775.083.
  174         Section 4. Subsections (3) and (5) of section 322.2715,
  175  Florida Statutes, are amended to read:
  176         322.2715 Ignition interlock device.—
  177         (3) If the person is convicted of:
  178         (a) A first offense of driving under the influence under s.
  179  316.193 and has an unlawful blood-alcohol level or breath
  180  alcohol level as specified in s. 316.193(4), or if a person is
  181  convicted of a violation of s. 316.193 and was at the time of
  182  the offense accompanied in the vehicle by a person younger than
  183  18 years of age, the person shall have the ignition interlock
  184  device installed for not less than 1 year 6 continuous months
  185  for the first offense and for not less than 2 continuous years
  186  for a second offense.
  187         (b) A second offense of driving under the influence, the
  188  ignition interlock device shall be installed for a period of not
  189  less than 2 1 continuous years year.
  190         (c) A third offense of driving under the influence which
  191  occurs within 10 years after a prior conviction for a violation
  192  of s. 316.193, the ignition interlock device shall be installed
  193  for a period of not less than 3 2 continuous years.
  194         (d) A third offense of driving under the influence which
  195  occurs more than 10 years after the date of a prior conviction,
  196  the ignition interlock device shall be installed for a period of
  197  not less than 3 2 continuous years.
  198         (5) In addition to any fees authorized by rule for the
  199  installation and maintenance of the ignition interlock device,
  200  the authorized installer of the device shall collect and remit
  201  $15 $12 for each installation to the department, which shall be
  202  deposited into the Highway Safety Operating Trust Fund to be
  203  used for the operation of the Ignition Interlock Device Program.
  204         Section 5. Paragraph (a) of subsection (2) of section
  205  322.28, Florida Statutes, is amended to read:
  206         322.28 Period of suspension or revocation.—
  207         (2) In a prosecution for a violation of s. 316.193 or
  208  former s. 316.1931, the following provisions apply:
  209         (a) Upon conviction of the driver, the court, along with
  210  imposing sentence, shall revoke the driver’s license or driving
  211  privilege of the person so convicted, effective on the date of
  212  conviction, and shall prescribe the period of such revocation in
  213  accordance with the following provisions:
  214         1. Upon a first conviction for a violation of the
  215  provisions of s. 316.193, except a violation resulting in death,
  216  the driver’s license or driving privilege shall be revoked for
  217  not less than 180 days or more than 1 year. No sooner than 30
  218  days after conviction, the offender may petition the court for
  219  approval of a restricted driver’s license upon the condition
  220  that the offender operate only a vehicle that is equipped with a
  221  functioning and approved ignition interlock device certified to
  222  be in compliance with s. 316.1938.
  223         2. Upon a second conviction for an offense that occurs
  224  within a period of 5 years after the date of a prior conviction
  225  for a violation of the provisions of s. 316.193 or former s.
  226  316.1931 or a combination of such sections, the driver’s license
  227  or driving privilege shall be revoked for not less than 5 years.
  228  No sooner than 180 days after conviction, the offender may
  229  petition the court for approval of a restricted driver’s license
  230  upon the condition that the offender operate only a vehicle that
  231  is equipped with a functioning and approved ignition interlock
  232  device certified to be in compliance with s. 316.1938.
  233         3. Upon a third conviction for an offense that occurs
  234  within a period of 10 years after the date of a prior conviction
  235  for the violation of the provisions of s. 316.193 or former s.
  236  316.1931 or a combination of such sections, the driver’s license
  237  or driving privilege shall be revoked for not less than 10
  238  years. No sooner than 360 days after conviction, the offender
  239  may petition the court for approval of a restricted driver’s
  240  license upon the condition that the offender operate only a
  241  vehicle that is equipped with a functioning and approved
  242  ignition interlock device certified to be in compliance with s.
  243  316.1938.
  244  
  245  For the purposes of this paragraph, a previous conviction
  246  outside this state for driving under the influence, driving
  247  while intoxicated, driving with an unlawful blood-alcohol level,
  248  or any other alcohol-related or drug-related traffic offense
  249  similar to the offense of driving under the influence as
  250  proscribed by s. 316.193 will be considered a previous
  251  conviction for violation of s. 316.193, and a conviction for
  252  violation of former s. 316.028, former s. 316.1931, or former s.
  253  860.01 is considered a conviction for violation of s. 316.193.
  254         Section 6. This act shall take effect January 1, 2011.

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