Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1114
       
       
       
       
       
       
                                Barcode 532290                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Crist)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Between lines 181 and 182
    5  insert:
    6         Section 5. Paragraph (a) of subsection (6) of section
    7  316.193, Florida Statutes, is amended to read:
    8         316.193 Driving under the influence; penalties.—
    9         (6) With respect to any person convicted of a violation of
   10  subsection (1), regardless of any penalty imposed pursuant to
   11  subsection (2), subsection (3), or subsection (4):
   12         (a) For the first conviction, the court shall place the
   13  defendant on probation for a period not to exceed 1 year and, as
   14  a condition of such probation, shall order the defendant to
   15  participate in public service or a community work project for a
   16  minimum of 50 hours.; or The court may order a instead, that any
   17  defendant to pay a an additional fine of $10 for each hour of
   18  public service or community work otherwise required only, if the
   19  court finds that, after consideration of the residence or
   20  location of the defendant at the time public service or
   21  community work is required or the defendant’s employment
   22  obligations would create an undue hardship for the defendant,
   23  payment of the fine is in the best interests of the state.
   24  However, the total period of probation and incarceration may not
   25  exceed 1 year. The court must also, as a condition of probation,
   26  order the impoundment or immobilization of the vehicle that was
   27  operated by or in the actual control of the defendant or any one
   28  vehicle registered in the defendant’s name at the time of
   29  impoundment or immobilization, for a period of 10 days or for
   30  the unexpired term of any lease or rental agreement that expires
   31  within 10 days. The impoundment or immobilization must not occur
   32  concurrently with the incarceration of the defendant. The
   33  impoundment or immobilization order may be dismissed in
   34  accordance with paragraph (e), paragraph (f), paragraph (g), or
   35  paragraph (h).
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete line 17
   40  and insert:
   41         amending s. 316.193, F.S.; requiring a court to order
   42         a defendant, after a first conviction for driving
   43         under the influence, to participate in a minimum of 50
   44         hours of community service as a condition of
   45         probation; authorizing a court to impose a specified
   46         fine under certain conditions; providing an effective
   47         date.