Florida Statutes § 316.1938 — Ignition interlock devices, certification; warning label.
This section requires the department to certify ignition interlock device testing components, publish approved devices, and contract with certified providers that request to serve in the state. It also requires providers to keep personal information confidential and sets a $200,000 surety bond or letter-of-credit requirement.
316.1938 Ignition interlock devices, certification; warning label.—(1) The department shall certify or cause to be certified the accuracy and precision of the testing component of the ignition interlock devices as required by s. 316.1937, and shall publish a list of approved devices, together with rules governing the accuracy and precision of the testing component of such devices as adopted by rule in compliance with s. 316.1937. The cost of certification shall be borne by the manufacturers of ignition interlock devices. (2) No model of ignition interlock device shall be certified unless it meets or exceeds current National Highway Traffic Safety Administration standards. (3) Providers of ignition interlock devices and services whose devices have been certified must contract with the department to become a service provider in the state. The department shall contract with any provider whose devices have been certified and who has made a request to be a provider in the state. (4) The contract between the department and an ignition interlock device service provider must include the following:(a) Provisions for the effective and efficient installation and removal of the ignition interlock device. (b) Requirements for the provision of services, inspection, and monitoring of the ignition interlock device. (c) A requirement for the provider to electronically transmit reports to the department regarding driver activity, bypass approval, compliance, client violations, and other reports in a format determined by the department. (d) Requirements for a detailed implementation plan that outlines the steps and the timeframe necessary for the ignition interlock device provider to be fully operational. (e) Provisions for the collection and remittance of all state revenues. (f) Provisions for corrective action to be taken if the ignition interlock device provider is out of compliance, including penalty provisions and liquidated damages. (g) Requirements for security protection for ignition interlock devices, including, but not limited to, each device being capable of recording each event and providing visual evidence of any actual or attempted tampering, alteration, bypass, or circumvention. (h) A provision to ensure processing and continuous monitoring are achieved for all ignition interlock device clients who require transition of services. (i) Provisions for training for service center technicians, clients, toll-free help line staff, the department, and DUI programs. (j) A requirement for the ignition interlock device provider to maintain a readily accessible service center in each judicial circuit. The service center must be adequately staffed and equipped to provide all ignition interlock device support services. (k) Requirements for a transition plan for the ignition interlock device provider before the provider leaves the state to ensure that continuous monitoring is achieved. (l) A requirement for the ignition interlock device provider to have and maintain a surety bond or irrevocable letter of credit in the amount of $200,000 executed by the applicant. (m) A requirement that, before beginning work, the ignition interlock device provider have and maintain insurance as approved by the department, including workers’ compensation insurance, vendor’s public liability and property damage insurance, and subcontractors’ public liability and property damage insurance. (n) Requirements for the ignition interlock device provider to maintain client information and financial records, including requirements for electronic storage media formats. Such records must be maintained in accordance with generally accepted accounting procedures and practices that sufficiently and properly reflect all revenues and expenditures of funds. Such records are subject to inspection, review, or audit by state personnel authorized by the department. Upon termination or expiration of the contract, all such client records shall be submitted to the department at no cost to the department. (o) A requirement for a warning label to be affixed to each ignition interlock device upon installation. The label must contain a warning that any person who tampers with, circumvents, or otherwise misuses the device commits a violation of law and may be subject to civil liability. (p) A provision requiring the provider to replace defective ignition interlock devices at no cost to the client. (5) An ignition interlock device provider must maintain the confidentiality of all personal information received under its duties as an ignition interlock device provider in accordance with chapter 119 and the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. (6) Notwithstanding any other provision of law, the contract shall be governed by chapter 287, except for the requirements of s. 287.057.