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 commitsis guilty ofthe 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 leastNot less than$500 but notormore than $1,000 89 for a first conviction. 90 b. At leastNot less than$1,000 but notormore 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 followingaperiodof 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 vehiclesthat99are individually or jointly leased orowned orand routinely100 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.The117installation 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 shall123order the mandatory placement for a period of not less than 2124years, at the convicted person’s sole expense, of an ignition125interlock device approved by the department in accordance with126s.316.1938upon all vehicles that are individually or jointly127leased or owned and routinely operated by the convicted person,128when the convicted person qualifies for a permanent or129restricted license. The installation of such device may not130occur 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 leastnot less than$2,000 but not 135ormore than $5,000 and by imprisonment for not more than 12 136 months.In addition, the court shall order the mandatory137placement for a period of at least 2 years, at the convicted138person’s sole expense, of an ignition interlock device approved139by the department in accordance with s.316.1938upon all140vehicles that are individually or jointly leased or owned and141routinely operated by the convicted person, when the convicted142person qualifies for a permanent or restricted license. The143installation 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 mustmaybe at leastnot150less 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 leastNot less than$1,000 but notormore than 159 $2,000 for a first conviction. 160 2. At leastNot less than$2,000 but notormore than 161 $4,000 for a second conviction. 162 3. At leastNot 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),172the court shall order the mandatory placement, at the convicted173person’s sole expense, of an ignition interlock device approved174by the department in accordance with s.316.1938upon all175vehicles that are individually or jointly leased or owned and176routinely operated by the convicted person for not less than 6177continuous months for the first offense and for not less than 2178continuous years for a second offense, when the convicted person179qualifies 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 mayshallnot 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 0.0250.05percentor as otherwise193specified by the court.The court may require the use of an194approved ignition interlock device for a period of not less than1956 continuous months, if the person is permitted to operate a196motor vehicle, whether or not the privilege to operate a motor197vehicle 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, ana court-orderedignition 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 restrictedunder a209condition of probationrequiring 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 thesuch219 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 departmentbeon 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 driverdriver’slicense 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 driverdriver’slicense is suspended 259 under subsection (1) or subsection (3) may apply for issuance of 260 a licensefor business or employment purposesonly if the person 261 is otherwise eligiblefor the driving privilege pursuant to s.262322.271. 263 (a) If the suspension of the driverdriver’slicense of the 264 person for failure to submit to a breath, urine, or blood test 265 is sustained, and the person is otherwisenoteligible, 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 courseto receive a license for business or employment purposes270only, pursuant to s.322.271, until 90 days have elapsed after271the expiration of the last temporary permit issued. If the272driver is not issued a 10-day permit pursuant to this section or273s.322.64because he or she is ineligible for the permit and the274suspension for failure to submit to a breath, urine, or blood275test is not invalidated by the department, the driver is not276eligible to receive a business or employment license pursuant to277s.322.271until 90 days have elapsed from the date of the278suspension. 279 (b) If the suspension of the driverdriver’slicense 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 otherwisenoteligible, 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 courseto286receive a license for business or employment purposes only287pursuant to s.322.271until 30 days have elapsed after the288expiration of the last temporary permit issued. If the driver is289not issued a 10-day permit pursuant to this section or s.322.64290because he or she is ineligible for the permit and the291suspension relating to unlawful blood-alcohol level or breath292alcohol level of0.08or higher is not invalidated by the293department, the driver is not eligible to receive a business or294employment license pursuant to s.322.271until 30 days have295elapsed 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 driverdriver’slicense 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 ofthe307provisions ofs. 316.193, except a violation resulting in death, 308 the driverdriver’slicense or driving privilege shall be 309 revoked for at leastnot less than180 days but notormore 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 ofthe provisions ofs. 316.193 or former s. 325 316.1931 or a combination of such sections, the driverdriver’s326 license or driving privilege shall be revoked for at leastnot327less than5 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 ofthe provisions ofs. 316.193 or former s. 342 316.1931 or a combination of such sections, the driverdriver’s343 license or driving privilege shall be revoked for at leastnot344less than10 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 driverdriver’slicense 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 392driver’slicense 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 mayshallnot 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 driverdriver’slicense or driving privilege 406 has been revoked pursuant tothe provisions ofthis section, the 407 department mayshallnot 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 driverdriver’slicense examining office for reinstatement by 413 the department pursuant to s. 322.282. 414 (e) The court shall permanently revoke the driverdriver’s415 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 driverdriver’slicense 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 driverdriver’slicense or driving privilege within 30 days 422 after imposing sentence, the department shall permanently revoke 423 the driverdriver’slicense or driving privilege pursuant to 424 this paragraph. A driverNo driver’slicense or driving 425 privilegemay beissued 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 driverdriver’slicense 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 driverdriver’slicense 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 driverdriver’s477 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 503driver’slicense 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 driverdriver’slicense 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 in529paragraph (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 of5385 years or less pursuant to s.322.28(2)(a) may, 12 months after539the date the revocation was imposed, petition the department for540reinstatement of his or her driving privilege on a restricted541basis. A person whose license has been revoked for more than 5542years under s.322.28(2)(a) may, 24 months after the date the543revocation was imposed, petition the department for544reinstatement of his or her driving privilege on a restricted545basis. Reinstatement under this subsection is restricted to546business or employment purposes only. In addition, the547department shall require such persons upon reinstatement to have548not driven and to have been drug free for at least 12 months549immediately before the reinstatement, to be supervised by a DUI550program licensed by the department, and to report to the program551at least three times a year as required by the program for the552duration of the revocation period for supervision. Such553supervision includes evaluation, education, referral into554treatment, and other activities required by the department. Such555persons shall assume reasonable costs of supervision. If the556person fails to comply with the required supervision, the557program shall report the failure to the department, and the558department shall cancel the person’s driving privilege. This559paragraph does not apply to any person whose driving privilege560has 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 577driver’slicense 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 vehiclesthat are individually or585jointly leased orowned orand routinelyoperated 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 hadand hasan unlawful 594 blood-alcohol level or breath-alcohol level as specified in s. 595 316.193(4), or if theapersonis convicted of a violation of s.596316.193andwas 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 599not less than6 continuous monthsfor the first offense and for600not 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 leastnot604less than1 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 influencewhich613occurs within 10 years after a prior conviction for a violation614of s.316.193, the ignition interlock device shall be installed 615 for a period of at leastnot less than2 continuous years. 616(d) A third offense of driving under the influence which617occurs more than 10 years after the date of a prior conviction,618the ignition interlock device shall be installed for a period of619not 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 leastnot less than5 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.