Bill Text: FL S0796 | 2013 | Regular Session | Introduced


Bill Title: Ignition Interlock Devices

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Transportation, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S0796 Detail]

Download: Florida-2013-S0796-Introduced.html
       Florida Senate - 2013                                     SB 796
       
       
       
       By Senator Hukill
       
       
       
       
       8-01037-13                                             2013796__
    1                        A bill to be entitled                      
    2         An act relating to ignition interlock devices;
    3         amending s. 316.193, F.S.; requiring mandatory
    4         placement of an ignition interlock device on all
    5         vehicles owned or operated by a person convicted of
    6         driving under the influence for specified periods
    7         based on the violation; revising the required
    8         installation periods for certain violations; amending
    9         s. 316.1937, F.S.; revising the maximum allowable
   10         blood-alcohol level at which an ignition interlock
   11         device will allow operation of a vehicle; revising
   12         provisions prohibiting tampering with or circumventing
   13         an ignition interlock device; revising provisions
   14         concerning operation of vehicles owned or leased by
   15         the employer of a person subject to ignition interlock
   16         restrictions when such operation is required in the
   17         scope of his or her employment; amending s. 322.25,
   18         F.S.; requiring that court orders for reinstatement of
   19         a license privilege for driving under the influence
   20         include a requirement for an ignition interlock
   21         device; amending s. 322.2615, F.S.; deleting
   22         provisions relating to temporary licenses for business
   23         or employment purposes; providing for ignition
   24         interlock licenses and requirements for such licenses;
   25         amending s. 322.28, F.S.; providing for ignition
   26         interlock licenses following driver license or driving
   27         privilege suspension; providing requirements for such
   28         licenses; providing that a driver who obtains an
   29         ignition interlock license during a period of
   30         revocation shall receive credit on a day-for-day basis
   31         for the period the person holds a valid ignition
   32         interlock license toward any mandatory period of
   33         ignition interlock device-restricted use arising from
   34         the same incident; providing for ignition interlock
   35         licenses for persons whose driver license or driving
   36         privilege has been permanently revoked; providing
   37         requirements for such licenses; amending s. 322.271,
   38         F.S.; deleting provisions providing for petitions for
   39         reinstatement of a driving privilege in certain
   40         circumstances following a revocation for a period of 5
   41         years or less under specified provisions; amending s.
   42         322.2715, F.S.; revising requirements for installation
   43         of ignition interlock devices as a condition of
   44         issuance of a permanent or restricted license for
   45         persons convicted of driving under the influence;
   46         requiring that the ignition interlock device
   47         restriction remain in effect until the Department of
   48         Highway Safety and Motor Vehicles receives a
   49         declaration from the person’s ignition interlock
   50         device vendor certifying that certain incidents did
   51         not occur during a specified period; providing an
   52         effective date.
   53  
   54         WHEREAS, ignition interlocks are devices that can be
   55  installed in motor vehicles to prevent operation of the vehicle
   56  by a driver who has a blood alcohol concentration (BAC) above a
   57  specified level, and
   58         WHEREAS, strong research evidence establishes the
   59  effectiveness of ignition interlocks in reducing the number of
   60  people previously convicted of alcohol-impaired driving from
   61  reoffending and being rearrested, and
   62         WHEREAS, more widespread and sustained use of ignition
   63  interlocks by those previously convicted of alcohol-impaired
   64  driving could result in the significant reduction in alcohol
   65  related vehicle crashes and save lives, NOW, THEREFORE,
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Subsections (1), (2), and (4) of section
   70  316.193, Florida Statutes, are amended to read:
   71         316.193 Driving under the influence; penalties.—
   72         (1) A person commits is guilty of the offense of driving
   73  under the influence and is subject to punishment as provided in
   74  subsection (2) if the person is driving or in actual physical
   75  control of a vehicle within this state and:
   76         (a) The person is under the influence of alcoholic
   77  beverages, any chemical substance set forth in s. 877.111, or
   78  any substance controlled under chapter 893, when affected to the
   79  extent that the person’s normal faculties are impaired;
   80         (b) The person has a blood-alcohol level of 0.08 or more
   81  grams of alcohol per 100 milliliters of blood; or
   82         (c) The person has a breath-alcohol level of 0.08 or more
   83  grams of alcohol per 210 liters of breath.
   84         (2)(a) Except as provided in paragraph (b), subsection (3),
   85  or subsection (4), any person who is convicted of a violation of
   86  subsection (1) shall be punished:
   87         1. By a fine of:
   88         a. At least Not less than $500 but not or more than $1,000
   89  for a first conviction.
   90         b. At least Not less than $1,000 but not or more than
   91  $2,000 for a second conviction; and
   92         2. By imprisonment for:
   93         a. Not more than 6 months for a first conviction.
   94         b. Not more than 9 months for a second conviction.
   95         3. For a second conviction, By mandatory placement for the
   96  following a period of at least 1 year, at the convicted person’s
   97  sole expense, of an ignition interlock device approved by the
   98  department in accordance with s. 316.1938 upon all vehicles that
   99  are individually or jointly leased or owned or and routinely
  100  operated by the convicted person, when the convicted person
  101  qualifies for a permanent or restricted license:
  102         a.(I) Except as provided in sub-sub-subparagraph (II), for
  103  a first conviction at least 6 months; or
  104         (II) For a first conviction in which the convicted person
  105  had a blood-alcohol level or breath-alcohol level of 0.15 or
  106  higher, or the convicted person at the time of the offense was
  107  accompanied in the vehicle by a person younger than 18 years of
  108  age, for at least 6 continuous months;
  109         b.(I) Except as provided in sub-sub-subparagraph (II), for
  110  a second conviction at least 1 year; or
  111         (II) For a second conviction in which the convicted person
  112  had a blood-alcohol level or breath-alcohol level of 0.15 or
  113  higher, or the convicted person at the time of the offense was
  114  accompanied in the vehicle by a person younger than 18 years of
  115  age, for at least 2 continuous years; or
  116         c. For a third conviction, for at least 2 years. The
  117  installation of such device may not occur before July 1, 2003.
  118         (b)1. Any person who is convicted of a third violation of
  119  this section for an offense that occurs within 10 years after a
  120  prior conviction for a violation of this section commits a
  121  felony of the third degree, punishable as provided in s.
  122  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  123  order the mandatory placement for a period of not less than 2
  124  years, at the convicted person’s sole expense, of an ignition
  125  interlock device approved by the department in accordance with
  126  s. 316.1938 upon all vehicles that are individually or jointly
  127  leased or owned and routinely operated by the convicted person,
  128  when the convicted person qualifies for a permanent or
  129  restricted license. The installation of such device may not
  130  occur before July 1, 2003.
  131         2. Any person who is convicted of a third violation of this
  132  section for an offense that occurs more than 10 years after the
  133  date of a prior conviction for a violation of this section shall
  134  be punished by a fine of at least not less than $2,000 but not
  135  or more than $5,000 and by imprisonment for not more than 12
  136  months. In addition, the court shall order the mandatory
  137  placement for a period of at least 2 years, at the convicted
  138  person’s sole expense, of an ignition interlock device approved
  139  by the department in accordance with s. 316.1938 upon all
  140  vehicles that are individually or jointly leased or owned and
  141  routinely operated by the convicted person, when the convicted
  142  person qualifies for a permanent or restricted license. The
  143  installation of such device may not occur before July 1, 2003.
  144         3. Any person who is convicted of a fourth or subsequent
  145  violation of this section, regardless of when any prior
  146  conviction for a violation of this section occurred, commits a
  147  felony of the third degree, punishable as provided in s.
  148  775.082, s. 775.083, or s. 775.084. However, the fine imposed
  149  for such fourth or subsequent violation must may be at least not
  150  less than $2,000.
  151         (4) Any person who is convicted of a violation of
  152  subsection (1) and who has a blood-alcohol level or breath
  153  alcohol level of 0.15 or higher, or any person who is convicted
  154  of a violation of subsection (1) and who at the time of the
  155  offense was accompanied in the vehicle by a person under the age
  156  of 18 years, shall be punished:
  157         (a) By a fine of:
  158         1. At least Not less than $1,000 but not or more than
  159  $2,000 for a first conviction.
  160         2. At least Not less than $2,000 but not or more than
  161  $4,000 for a second conviction.
  162         3. At least Not less than $4,000 for a third or subsequent
  163  conviction.
  164         (b) By imprisonment for:
  165         1. Not more than 9 months for a first conviction.
  166         2. Not more than 12 months for a second conviction.
  167  
  168  For the purposes of this subsection, only the instant offense is
  169  required to be a violation of subsection (1) by a person who has
  170  a blood-alcohol level or breath-alcohol level of 0.15 or higher.
  171         (c) In addition to the penalties in paragraphs (a) and (b),
  172  the court shall order the mandatory placement, at the convicted
  173  person’s sole expense, of an ignition interlock device approved
  174  by the department in accordance with s. 316.1938 upon all
  175  vehicles that are individually or jointly leased or owned and
  176  routinely operated by the convicted person for not less than 6
  177  continuous months for the first offense and for not less than 2
  178  continuous years for a second offense, when the convicted person
  179  qualifies for a permanent or restricted license.
  180         Section 2. Subsection (1), paragraphs (a) and (d) of
  181  subsection (6), and subsection (7) of section 316.1937, Florida
  182  Statutes, are amended to read:
  183         316.1937 Ignition interlock devices, requiring; unlawful
  184  acts.—
  185         (1) In addition to any other authorized penalties, the
  186  court may require that any person who is convicted of driving
  187  under the influence in violation of s. 316.193 may shall not
  188  operate a motor vehicle unless that vehicle is equipped with a
  189  functioning ignition interlock device certified by the
  190  department as provided in s. 316.1938, and installed in such a
  191  manner that the vehicle will not start if the operator’s blood
  192  alcohol level is in excess of 0.025 0.05 percent or as otherwise
  193  specified by the court. The court may require the use of an
  194  approved ignition interlock device for a period of not less than
  195  6 continuous months, if the person is permitted to operate a
  196  motor vehicle, whether or not the privilege to operate a motor
  197  vehicle is restricted, as determined by the court. The court,
  198  however, shall order placement of an ignition interlock device
  199  in those circumstances required by s. 316.193.
  200         (6)(a) It is unlawful to tamper with, or to circumvent the
  201  operation of, an a court-ordered ignition interlock device for
  202  the purpose of providing the person so restricted with an
  203  operable motor vehicle.
  204         (d) It is unlawful to knowingly lease or lend a motor
  205  vehicle to a person who has had his or her driving privilege
  206  restricted as provided in this section, unless the vehicle is
  207  equipped with a functioning, certified ignition interlock
  208  device. Any person whose driving privilege is restricted under a
  209  condition of probation requiring an ignition interlock device
  210  shall notify any other person who leases or loans a motor
  211  vehicle to him or her of such driving restriction.
  212         (7) Notwithstanding the provisions of this section, if a
  213  person is required to operate a motor vehicle in the course and
  214  scope of his or her employment and if the vehicle is owned or
  215  leased by the employer, the person may operate that vehicle
  216  without installation of an approved ignition interlock device if
  217  the department has received notification in a form acceptable to
  218  the department that the employer has been notified of the such
  219  driving privilege restriction before the restricted person
  220  operates the vehicle and if proof of that notification is with
  221  the vehicle. This employment exemption does not apply, however,
  222  if the business entity which owns or leases the vehicle is owned
  223  or controlled by the person whose driving privilege has been
  224  restricted.
  225         Section 3. Subsection (7) of section 322.25, Florida
  226  Statutes, is amended to read:
  227         322.25 When court to forward license to department and
  228  report convictions; temporary reinstatement of driving
  229  privileges.—
  230         (7) Any licensed driver convicted of driving, or being in
  231  the actual physical control of, a vehicle within this state
  232  while under the influence of alcoholic beverages in violation of
  233  s. 316.193, any chemical substance set forth in s. 877.111, or
  234  any substance controlled under chapter 893, when affected to the
  235  extent that his or her normal faculties are impaired, and whose
  236  license and driving privilege have been revoked as provided in
  237  subsection (1) may be issued a court order for reinstatement of
  238  a driving privilege on a temporary basis; provided that, as a
  239  part of the penalty, upon conviction, the defendant is required
  240  to enroll in and complete a driver improvement course for the
  241  rehabilitation of drinking drivers and the driver is otherwise
  242  eligible for reinstatement of the driving privilege as provided
  243  by s. 322.282. The court order for reinstatement shall require
  244  that the person operate only a motor vehicle equipped with a
  245  functioning ignition interlock device, and the person must
  246  provide proof to the satisfaction of the department be on a form
  247  provided by the department that a functioning ignition interlock
  248  device has been installed on one or more vehicles to be operated
  249  by the person, and the form must be taken by the person
  250  convicted to a Florida driver driver’s license examining office,
  251  where a temporary driving permit may be issued. The period of
  252  time for which a temporary permit issued in accordance with this
  253  subsection is valid shall be deemed to be part of the period of
  254  revocation imposed by the court.
  255         Section 4. Subsection (10) of section 322.2615, Florida
  256  Statutes, is amended to read:
  257         322.2615 Suspension of license; right to review.—
  258         (10) A person whose driver driver’s license is suspended
  259  under subsection (1) or subsection (3) may apply for issuance of
  260  a license for business or employment purposes only if the person
  261  is otherwise eligible for the driving privilege pursuant to s.
  262  322.271.
  263         (a) If the suspension of the driver driver’s license of the
  264  person for failure to submit to a breath, urine, or blood test
  265  is sustained, and the person is otherwise not eligible, the
  266  person may apply for an ignition interlock license upon proof of
  267  enrollment in and subject to the successful completion of a
  268  department-approved driver training or substance abuse education
  269  course to receive a license for business or employment purposes
  270  only, pursuant to s. 322.271, until 90 days have elapsed after
  271  the expiration of the last temporary permit issued. If the
  272  driver is not issued a 10-day permit pursuant to this section or
  273  s. 322.64 because he or she is ineligible for the permit and the
  274  suspension for failure to submit to a breath, urine, or blood
  275  test is not invalidated by the department, the driver is not
  276  eligible to receive a business or employment license pursuant to
  277  s. 322.271 until 90 days have elapsed from the date of the
  278  suspension.
  279         (b) If the suspension of the driver driver’s license of the
  280  person relating to unlawful blood-alcohol level or breath
  281  alcohol level of 0.08 or higher is sustained, and the person is
  282  otherwise not eligible, the person may apply for an ignition
  283  interlock license upon proof of enrollment in and subject to
  284  enrollment in and the successful completion of a department
  285  approved driver training or substance abuse education course to
  286  receive a license for business or employment purposes only
  287  pursuant to s. 322.271 until 30 days have elapsed after the
  288  expiration of the last temporary permit issued. If the driver is
  289  not issued a 10-day permit pursuant to this section or s. 322.64
  290  because he or she is ineligible for the permit and the
  291  suspension relating to unlawful blood-alcohol level or breath
  292  alcohol level of 0.08 or higher is not invalidated by the
  293  department, the driver is not eligible to receive a business or
  294  employment license pursuant to s. 322.271 until 30 days have
  295  elapsed from the date of the suspension.
  296         Section 5. Subsections (2) and (4) of section 322.28,
  297  Florida Statutes, are amended to read:
  298         322.28 Period of suspension or revocation.—
  299         (2) In a prosecution for a violation of s. 316.193 or
  300  former s. 316.1931, the following provisions apply:
  301         (a) Upon conviction of the driver, the court, along with
  302  imposing sentence, shall revoke the driver driver’s license or
  303  driving privilege of the person so convicted, effective on the
  304  date of conviction, and shall prescribe the period of such
  305  revocation in accordance with the following provisions:
  306         1. Upon a first conviction for a violation of the
  307  provisions of s. 316.193, except a violation resulting in death,
  308  the driver driver’s license or driving privilege shall be
  309  revoked for at least not less than 180 days but not or more than
  310  1 year. Any time after the driver license or driving privilege
  311  has been revoked and the convicted person has proof of
  312  enrollment in and subject to the successful completion of a
  313  department-approved driver training or substance abuse education
  314  course, the convicted person may obtain an ignition interlock
  315  license restricting the convicted person to operating only motor
  316  vehicles equipped with a functioning ignition interlock device
  317  certified by the department as provided in s. 316.1938. Further,
  318  the convicted person shall have installed, at the convicted
  319  person’s sole expense, an ignition interlock device approved by
  320  the department in accordance with s. 316.1938 upon all vehicles
  321  owned or operated by the convicted person.
  322         2. Upon a second conviction for an offense that occurs
  323  within a period of 5 years after the date of a prior conviction
  324  for a violation of the provisions of s. 316.193 or former s.
  325  316.1931 or a combination of such sections, the driver driver’s
  326  license or driving privilege shall be revoked for at least not
  327  less than 5 years. Any time after the driver license or driving
  328  privilege has been revoked and the convicted person has proof of
  329  enrollment in and subject to successful completion of a
  330  department-approved driver training or substance abuse education
  331  course, the convicted person may obtain an ignition interlock
  332  license restricting the convicted person to operating only motor
  333  vehicles equipped with a functioning ignition interlock device
  334  certified by the department as provided in s. 316.1938. Further,
  335  the convicted person shall have installed, at the convicted
  336  person’s sole expense, an ignition interlock device approved by
  337  the department in accordance with s. 316.1938 upon all vehicles
  338  owned or operated by the convicted person.
  339         3. Upon a third conviction for an offense that occurs
  340  within a period of 10 years after the date of a prior conviction
  341  for the violation of the provisions of s. 316.193 or former s.
  342  316.1931 or a combination of such sections, the driver driver’s
  343  license or driving privilege shall be revoked for at least not
  344  less than 10 years. Any time after the driver license or driving
  345  privilege has been revoked and the convicted person has proof of
  346  enrollment in and subject to the successful completion of a
  347  department-approved driver training or substance abuse education
  348  course, the convicted person may obtain an ignition interlock
  349  license restricting the convicted person to operating only motor
  350  vehicles equipped with a functioning ignition interlock device
  351  certified by the department as provided in s. 316.1938. Further,
  352  the convicted person shall have installed, at the convicted
  353  person’s sole expense, an ignition interlock device approved by
  354  the department in accordance with s. 316.1938 upon all vehicles
  355  owned or operated by the convicted person.
  356         4. A driver who obtains an ignition interlock license
  357  during the period of revocation under subparagraph 1.,
  358  subparagraph 2., or subparagraph 3. shall receive credit on a
  359  day-for-day basis for the period the person holds a valid
  360  ignition interlock license toward any mandatory period of
  361  ignition interlock device-restricted use arising from the same
  362  incident.
  363  
  364  For the purposes of this paragraph, a previous conviction
  365  outside this state for driving under the influence, driving
  366  while intoxicated, driving with an unlawful blood-alcohol level,
  367  or any other alcohol-related or drug-related traffic offense
  368  similar to the offense of driving under the influence as
  369  proscribed by s. 316.193 will be considered a previous
  370  conviction for violation of s. 316.193, and a conviction for
  371  violation of former s. 316.028, former s. 316.1931, or former s.
  372  860.01 is considered a conviction for violation of s. 316.193.
  373         (b) If the period of revocation was not specified by the
  374  court at the time of imposing sentence or within 30 days
  375  thereafter, and is not otherwise specified by law, the
  376  department shall forthwith revoke the driver driver’s license or
  377  driving privilege for the maximum period applicable under
  378  paragraph (a) for a first conviction and for the minimum period
  379  applicable under paragraph (a) for any subsequent convictions.
  380  The driver may, within 30 days after such revocation by the
  381  department, petition the court for further hearing on the period
  382  of revocation, and the court may reopen the case and determine
  383  the period of revocation within the limits specified in
  384  paragraph (a).
  385         (c) The forfeiture of bail bond, not vacated within 20
  386  days, in any prosecution for the offense of driving while under
  387  the influence of alcoholic beverages, chemical substances, or
  388  controlled substances to the extent of depriving the defendant
  389  of his or her normal faculties shall be deemed equivalent to a
  390  conviction for the purposes of this paragraph, and the
  391  department shall forthwith revoke the defendant’s driver
  392  driver’s license or driving privilege for the maximum period
  393  applicable under paragraph (a) for a first conviction and for
  394  the minimum period applicable under paragraph (a) for a second
  395  or subsequent conviction; however, if the defendant is later
  396  convicted of the charge, the period of revocation imposed by the
  397  department for such conviction may shall not exceed the
  398  difference between the applicable maximum for a first conviction
  399  or minimum for a second or subsequent conviction and the
  400  revocation period under this subsection that has actually
  401  elapsed; upon conviction of such charge, the court may impose
  402  revocation for a period of time as specified in paragraph (a).
  403  This paragraph does not apply if an appropriate motion
  404  contesting the forfeiture is filed within the 20-day period.
  405         (d) When any driver driver’s license or driving privilege
  406  has been revoked pursuant to the provisions of this section, the
  407  department may shall not grant a new license, except upon
  408  reexamination of the licensee after the expiration of the period
  409  of revocation so prescribed. However, the court may, in its
  410  sound discretion, issue an order of reinstatement on a form
  411  furnished by the department which the person may take to any
  412  driver driver’s license examining office for reinstatement by
  413  the department pursuant to s. 322.282.
  414         (e) The court shall permanently revoke the driver driver’s
  415  license or driving privilege of a person who has been convicted
  416  four times for violation of s. 316.193 or former s. 316.1931 or
  417  a combination of such sections. The court shall permanently
  418  revoke the driver driver’s license or driving privilege of any
  419  person who has been convicted of DUI manslaughter in violation
  420  of s. 316.193. If the court has not permanently revoked such
  421  driver driver’s license or driving privilege within 30 days
  422  after imposing sentence, the department shall permanently revoke
  423  the driver driver’s license or driving privilege pursuant to
  424  this paragraph. A driver No driver’s license or driving
  425  privilege may be issued or granted to any such person during the
  426  remainder of the person’s lifetime must require the person to
  427  operate only motor vehicles equipped with a functioning ignition
  428  interlock device. For the safety of the public, any time after
  429  the driver license or driving privilege has been revoked and the
  430  convicted person has proof of enrollment in and subject to the
  431  successful completion of a department-approved driver training
  432  or substance abuse education course, the convicted person may
  433  obtain an ignition interlock license restricting the convicted
  434  person to operating only motor vehicles equipped with a
  435  functioning ignition interlock device certified by the
  436  department as provided in s. 316.1938. Further, the convicted
  437  person shall have installed, at the convicted person’s sole
  438  expense, an ignition interlock device approved by the department
  439  in accordance with s. 316.1938 upon all vehicles owned or
  440  operated by the convicted person. This paragraph applies only if
  441  at least one of the convictions for violation of s. 316.193 or
  442  former s. 316.1931 was for a violation that occurred after July
  443  1, 1982. For the purposes of this paragraph, a conviction for
  444  violation of former s. 316.028, former s. 316.1931, or former s.
  445  860.01 is also considered a conviction for violation of s.
  446  316.193. Also, a conviction of driving under the influence,
  447  driving while intoxicated, driving with an unlawful blood
  448  alcohol level, or any other similar alcohol-related or drug
  449  related traffic offense outside this state is considered a
  450  conviction for the purposes of this paragraph.
  451         (4)(a) Upon a conviction for a violation of s.
  452  316.193(3)(c)2., involving serious bodily injury, a conviction
  453  of manslaughter resulting from the operation of a motor vehicle,
  454  or a conviction of vehicular homicide, the court shall revoke
  455  the driver driver’s license of the person convicted for a
  456  minimum period of 3 years. If a conviction under s.
  457  316.193(3)(c)2., involving serious bodily injury, is also a
  458  subsequent conviction as described under paragraph (2)(a), the
  459  court shall revoke the driver driver’s license or driving
  460  privilege of the person convicted for the period applicable as
  461  provided in paragraph (2)(a) or paragraph (2)(e). Any time after
  462  the driver license or driving privilege has been revoked and the
  463  convicted person has proof of enrollment in and subject to the
  464  successful completion of a department-approved driver training
  465  or substance abuse education course, the convicted person may
  466  obtain an ignition interlock license restricting the convicted
  467  person to operating only motor vehicles equipped with a
  468  functioning ignition interlock device certified by the
  469  department as provided in s. 316.1938. Further, the convicted
  470  person shall have installed, at the convicted person’s sole
  471  expense, an ignition interlock device approved by the department
  472  in accordance with s. 316.1938 upon all vehicles owned or
  473  operated by the convicted person.
  474         (b) If the period of revocation was not specified by the
  475  court at the time of imposing sentence or within 30 days
  476  thereafter, the department shall revoke the driver driver’s
  477  license for the minimum period applicable under paragraph (a)
  478  or, for a subsequent conviction, for the minimum period
  479  applicable under paragraph (2)(a) or paragraph (2)(e).
  480         Section 6. Paragraphs (a), (c), (d), and (e) of subsection
  481  (2) of section 322.271, Florida Statutes, are amended to read:
  482         322.271 Authority to modify revocation, cancellation, or
  483  suspension order.—
  484         (2) At such hearing, the person whose license has been
  485  suspended, canceled, or revoked may show that such suspension,
  486  cancellation, or revocation causes a serious hardship and
  487  precludes the person from carrying out his or her normal
  488  business occupation, trade, or employment and that the use of
  489  the person’s license in the normal course of his or her business
  490  is necessary to the proper support of the person or his or her
  491  family.
  492         (a) Except as otherwise provided in this subsection, the
  493  department shall require proof of the successful completion of
  494  the applicable department-approved driver training course
  495  operating pursuant to s. 318.1451 or DUI program substance abuse
  496  education course and evaluation as provided in s. 316.193(5).
  497  Letters of recommendation from respected business persons in the
  498  community, law enforcement officers, or judicial officers may
  499  also be required to determine whether the person should be
  500  permitted to operate a motor vehicle on a restricted basis for
  501  business or employment use only and in determining whether such
  502  person can be trusted to so operate a motor vehicle. If a driver
  503  driver’s license has been suspended under the point system or
  504  under s. 322.2615, the department shall require proof of
  505  enrollment in the applicable department-approved driver training
  506  course or licensed DUI program substance abuse education course,
  507  including evaluation and treatment, if referred, and may require
  508  letters of recommendation described in this paragraph to
  509  determine if the driver should be reinstated on a restricted
  510  basis. If the person fails to complete the approved course
  511  within 90 days after reinstatement or subsequently fails to
  512  complete treatment, the department shall cancel his or her
  513  driver driver’s license until the course and treatment, if
  514  applicable, is successfully completed, notwithstanding the terms
  515  of the court order or any suspension or revocation of the
  516  driving privilege. The department may temporarily reinstate the
  517  driving privilege on a restricted basis upon verification from
  518  the DUI program that the offender has reentered and is currently
  519  participating in treatment and has completed the DUI education
  520  course and evaluation requirement. If the DUI program notifies
  521  the department of the second failure to complete treatment, the
  522  department shall reinstate the driving privilege only after
  523  notice of completion of treatment from the DUI program. The
  524  privilege of driving on a limited or restricted basis for
  525  business or employment use may not be granted to a person who
  526  has been convicted of a violation of s. 316.193 until completion
  527  of the DUI program substance abuse education course and
  528  evaluations as provided in s. 316.193(5). Except as provided in
  529  paragraph (c), The privilege of driving on a limited or
  530  restricted basis for business or employment use may not be
  531  granted to a person whose license is revoked pursuant to s.
  532  322.28 or suspended pursuant to s. 322.2615 and who has been
  533  convicted of a violation of s. 316.193 two or more times or
  534  whose license has been suspended two or more times for refusal
  535  to submit to a test pursuant to s. 322.2615 or former s.
  536  322.261.
  537         (c) A person whose license has been revoked for a period of
  538  5 years or less pursuant to s. 322.28(2)(a) may, 12 months after
  539  the date the revocation was imposed, petition the department for
  540  reinstatement of his or her driving privilege on a restricted
  541  basis. A person whose license has been revoked for more than 5
  542  years under s. 322.28(2)(a) may, 24 months after the date the
  543  revocation was imposed, petition the department for
  544  reinstatement of his or her driving privilege on a restricted
  545  basis. Reinstatement under this subsection is restricted to
  546  business or employment purposes only. In addition, the
  547  department shall require such persons upon reinstatement to have
  548  not driven and to have been drug free for at least 12 months
  549  immediately before the reinstatement, to be supervised by a DUI
  550  program licensed by the department, and to report to the program
  551  at least three times a year as required by the program for the
  552  duration of the revocation period for supervision. Such
  553  supervision includes evaluation, education, referral into
  554  treatment, and other activities required by the department. Such
  555  persons shall assume reasonable costs of supervision. If the
  556  person fails to comply with the required supervision, the
  557  program shall report the failure to the department, and the
  558  department shall cancel the person’s driving privilege. This
  559  paragraph does not apply to any person whose driving privilege
  560  has been permanently revoked.
  561         (c)(d) For the purpose of this section, a previous
  562  conviction of driving under the influence, driving while
  563  intoxicated, driving with an unlawful blood-alcohol level, or
  564  any other similar alcohol-related or drug-related offense
  565  outside this state or a previous conviction of former s.
  566  316.1931, former s. 316.028, or former s. 860.01 is considered a
  567  previous conviction for violation of s. 316.193.
  568         (d)(e) The department, based upon review of the licensee’s
  569  application for reinstatement, may require use of an ignition
  570  interlock device pursuant to s. 322.2715.
  571         Section 7. Subsections (1) and (3) of section 322.2715,
  572  Florida Statutes, are amended, subsection (5) is renumbered as
  573  subsection (6), and a new subsection (5) is added to that
  574  section, to read:
  575         322.2715 Ignition interlock device.—
  576         (1) Before issuing a permanent or restricted driver
  577  driver’s license under this chapter, the department shall
  578  require the placement of a department-approved ignition
  579  interlock device for any person convicted of committing an
  580  offense of driving under the influence as specified in
  581  subsection (3), except that consideration may be given to those
  582  individuals having a documented medical condition that would
  583  prohibit the device from functioning normally. An interlock
  584  device shall be placed on all vehicles that are individually or
  585  jointly leased or owned or and routinely operated by the
  586  convicted person.
  587         (3) If the person is convicted of:
  588         (a)1. A first offense of driving under the influence under
  589  s. 316.193, except as provided in subparagraph 2., the person
  590  shall have the ignition interlock device installed for at least
  591  6 months; or
  592         2. A first offense of driving under the influence under s.
  593  316.193 for which offense the person had and has an unlawful
  594  blood-alcohol level or breath-alcohol level as specified in s.
  595  316.193(4), or if the a person is convicted of a violation of s.
  596  316.193 and was at the time of the offense accompanied in the
  597  vehicle by a person younger than 18 years of age, the person
  598  shall have the ignition interlock device installed for at least
  599  not less than 6 continuous months for the first offense and for
  600  not less than 2 continuous years for a second offense.
  601         (b)1. A second offense of driving under the influence under
  602  s. 316.193, except as provided in subparagraph 2., the ignition
  603  interlock device shall be installed for a period of at least not
  604  less than 1 continuous year; or.
  605         2. A second offense of driving under the influence under s.
  606  316.193 for which offense the person had an unlawful blood
  607  alcohol level or breath-alcohol level as specified in s.
  608  316.193(4), or if the person was at the time of the offense
  609  accompanied in the vehicle by a person younger than 18 years of
  610  age, the person shall have the ignition interlock device
  611  installed for at least 2 continuous years.
  612         (c) A third offense of driving under the influence which
  613  occurs within 10 years after a prior conviction for a violation
  614  of s. 316.193, the ignition interlock device shall be installed
  615  for a period of at least not less than 2 continuous years.
  616         (d) A third offense of driving under the influence which
  617  occurs more than 10 years after the date of a prior conviction,
  618  the ignition interlock device shall be installed for a period of
  619  not less than 2 continuous years.
  620         (d)(e) A fourth or subsequent offense of driving under the
  621  influence, the ignition interlock device shall be installed for
  622  a period of at least not less than 5 years.
  623         (5) An ignition interlock device restriction imposed under
  624  subsection (3) or subsection (4) shall remain in effect until
  625  the department receives a declaration from the person’s ignition
  626  interlock device vendor, in a form provided or approved by the
  627  department, certifying that none of the following incidents have
  628  occurred during the 4 consecutive months before the date of the
  629  declaration:
  630         (a) Any attempt to start the vehicle with a breath-alcohol
  631  level of 0.04 or more unless a subsequent test performed within
  632  10 minutes registers a breath-alcohol level lower than 0.04.
  633         (b) Failure to take any random retest unless a review of
  634  the digital image confirms that the vehicle was not occupied by
  635  the driver at the time of the missed retest.
  636         (c) Failure to pass any random retest with a breath-alcohol
  637  level of 0.025 or lower unless a subsequent test performed
  638  within 10 minutes registers a breath-alcohol level lower than
  639  0.025.
  640         (d) Failure of the person to appear at the ignition
  641  interlock device vendor when required for maintenance, repair,
  642  calibration, monitoring, inspection, or replacement of the
  643  device.
  644         Section 8. This act shall take effect October 1, 2013.

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