CODING: Words stricken are deletions; words underlined are additions.House Bill 0923
Florida House of Representatives - 1997 HB 923
By Representatives Casey, Morroni, Boyd, Smith, Wiles,
Crady, Logan, Tobin, Wasserman Schultz, Sindler, Melvin,
Andrews, Albright, Betancourt, Wise, Jones, Mackenzie,
Cosgrove, Rodriguez-Chomat, Thrasher, Chestnut and Brennan
1 A bill to be entitled
2 An act relating to funding for the
3 rehabilitation of persons with brain or spinal
4 cord injuries; amending s. 316.193, F.S.;
5 assessing an additional fine for driving under
6 the influence, to be deposited in the Brain and
7 Spinal Cord Rehabilitation Trust Fund; amending
8 s. 327.35, F.S.; assessing an additional fine
9 for boating while under the influence, to be
10 deposited in the Brain and Spinal Cord
11 Rehabilitation Trust Fund; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (6) of section 316.193, Florida
17 Statutes, 1996 Supplement, is amended to read:
18 316.193 Driving under the influence; penalties.--
19 (6) With respect to any person convicted of a
20 violation of subsection (1), regardless of any penalty imposed
21 pursuant to subsection (2), subsection (3), or subsection (4):
22 (a) For the first conviction, the court shall place
23 the defendant on probation for a period not to exceed 1 year
24 and, as a condition of such probation, shall order the
25 defendant to participate in public service or a community work
26 project for a minimum of 50 hours; or the court may order
27 instead, that any defendant pay an additional fine of $10 for
28 each hour of public service or community work otherwise
29 required, if, after consideration of the residence or location
30 of the defendant at the time public service or community work
31 is required, payment of the fine is in the best interests of
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1 the state. However, the total period of probation and
2 incarceration may not exceed 1 year.
3 (b) For the second conviction for an offense that
4 occurs within a period of 5 years after the date of a prior
5 conviction for violation of this section, the court shall
6 order imprisonment for not less than 10 days. At least 48
7 hours of confinement must be consecutive.
8 (c) For the third or subsequent conviction for an
9 offense that occurs within a period of 10 years after the date
10 of a prior conviction for violation of this section, the court
11 shall order imprisonment for not less than 30 days. At least
12 48 hours of confinement must be consecutive.
13 (d) In addition to the penalty imposed under paragraph
14 (a), paragraph (b), or paragraph (c), the court shall also
15 order the impoundment or immobilization of the vehicle that
16 was driven by, or in the actual physical control of, the
17 offender, unless the court finds that the family of the owner
18 of the vehicle has no other public or private means of
19 transportation. The period of impoundment or immobilization is
20 10 days, or, for the second conviction within 3 years, 30
21 days, or, for the third conviction within 5 years, 90 days and
22 may not be concurrent with probation or imprisonment. If the
23 vehicle is leased or rented, the period of impoundment or
24 immobilization may not extend beyond the expiration of the
25 lease or rental agreement. Within 7 business days after the
26 date that the court issues the order of impoundment or
27 immobilization, the clerk of the court shall send notice by
28 certified mail, return receipt requested, to the registered
29 owner of the vehicle if the registered owner is a person other
30 than the offender and to each person of record claiming a lien
31 against the vehicle. All costs and fees for the impoundment or
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1 immobilization, including the cost of notification, must be
2 paid by the owner of the vehicle or, if the vehicle is leased
3 or rented, by the person leasing or renting the vehicle. The
4 person who owns a vehicle that is impounded or immobilized
5 under this paragraph, or a person who has a lien of record
6 against such a vehicle, may, within 10 days after the date
7 that person has knowledge of the location of the vehicle, file
8 a complaint in the county in which the owner resides to
9 determine whether the vehicle was wrongfully taken or withheld
10 from the owner or lienholder. Upon the filing of a complaint,
11 the owner or lienholder may have the vehicle released by
12 posting with the court a bond or other adequate security equal
13 to the amount of the costs and fees for impoundment or
14 immobilization, including towing or storage, to ensure the
15 payment of such costs and fees if the owner or lienholder does
16 not prevail. When the bond is posted and the fee is paid as
17 set forth in s. 28.24, the clerk of the court shall issue a
18 certificate releasing the vehicle. At the time of release,
19 after reasonable inspection, the owner or lienholder must give
20 a receipt to the towing or storage company indicating any loss
21 or damage to the vehicle or to the contents of the vehicle.
22 (e) A defendant, in the court's discretion, may be
23 required to serve all or any portion of a term of imprisonment
24 to which the defendant has been sentenced pursuant to this
25 section in a residential alcoholism treatment program or a
26 residential drug abuse treatment program. Any time spent in
27 such a program must be credited by the court toward the term
28 of imprisonment.
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30 For the purposes of this section, any conviction for a
31 violation of s. 327.35; a previous conviction for the
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1 violation of former s. 316.1931, former s. 860.01, or former
2 s. 316.028; or a previous conviction outside this state for
3 driving under the influence, driving while intoxicated,
4 driving with an unlawful blood-alcohol level, driving with an
5 unlawful breath-alcohol level, or any other similar
6 alcohol-related or drug-related traffic offense, is also
7 considered a previous conviction for violation of this
8 section. Notwithstanding any other provision of this section,
9 $135 $100 shall be added to any fine imposed pursuant to this
10 section, of which $25 one-quarter shall be deposited in the
11 Emergency Medical Services Trust Fund, $50 one-half shall be
12 deposited in the Criminal Justice Standards and Training Trust
13 Fund of the Department of Law Enforcement to be used for
14 operational expenses of the Division of Local Law Enforcement
15 Assistance in conducting the statewide criminal analysis
16 laboratory system established in s. 943.32, and $60
17 one-quarter shall be deposited in the Brain and Spinal Cord
18 Injury Rehabilitation Trust Fund and used for the purposes set
19 forth created in s. 413.613. However, in satisfaction of the
20 fine imposed pursuant to this section, the court may, upon a
21 finding that the defendant is financially unable to pay either
22 all or part of the fine, order that the defendant participate
23 for a specified additional period of time in public service or
24 a community work project in lieu of payment of that portion of
25 the fine which the court determines the defendant is unable to
26 pay. In determining such additional sentence, the court shall
27 consider the amount of the unpaid portion of the fine and the
28 reasonable value of the services to be ordered; however, the
29 court may not compute the reasonable value of services at a
30 rate less than the federal minimum wage at the time of
31 sentencing.
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1 Section 2. Subsection (9) is added to section 327.35,
2 Florida Statutes, 1996 Supplement, to read:
3 327.35 Boating under the influence; penalties.--
4 (9) Notwithstanding any other provision of this
5 section, for any person convicted of a violation of subsection
6 (1), in addition to the fines set forth in subsections (2) and
7 (4), an additional fine of $60 shall be assessed and collected
8 in the same manner as the fines set forth in subsections (2)
9 and (4). All fines collected under this subsection shall be
10 paid monthly into the Brain and Spinal Cord Injury
11 Rehabilitation Trust Fund and used for the purposes set forth
12 in s. 413.613, after 5 percent is deducted therefrom by the
13 clerk of the court for administrative costs.
14 Section 3. This act shall take effect July 1, 1997.
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17 SENATE SUMMARY
18 Adds $35 to the fine imposed for driving while under the
influence and $60 to the fine imposed for boating while
19 under the influence and provides for the additional fines
to be deposited into the Brain and Spinal Cord
20 Rehabilitation Trust Fund.
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