House Bill 0151

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    Florida House of Representatives - 2000                 HB 151

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; providing for an

  4         additional period of probation where the court

  5         orders restitution with respect to driving

  6         under the influence; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (a) of subsection (6) of section

12  316.193, Florida Statutes, is amended to read:

13         316.193  Driving under the influence; penalties.--

14         (6)  With respect to any person convicted of a

15  violation of subsection (1), regardless of any penalty imposed

16  pursuant to subsection (2), subsection (3), or subsection (4):

17         (a)  For the first conviction, the court shall place

18  the defendant on probation for a period not to exceed 1 year

19  and, as a condition of such probation, shall order the

20  defendant to participate in public service or a community work

21  project for a minimum of 50 hours; or the court may order

22  instead, that any defendant pay an additional fine of $10 for

23  each hour of public service or community work otherwise

24  required, if, after consideration of the residence or location

25  of the defendant at the time public service or community work

26  is required, payment of the fine is in the best interests of

27  the state. However, the total period of probation and

28  incarceration may not exceed 1 year unless restitution is

29  ordered. If restitution is ordered, the defendant may be

30  sentenced, in addition to the period of incarceration or

31  probation otherwise provided, to probation for a period not to

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    Florida House of Representatives - 2000                 HB 151

    578-127A-00






  1  exceed 4 additional years for the purpose of the defendant's

  2  completing payment of restitution and court costs. The court

  3  must also, as a condition of probation, order the impoundment

  4  or immobilization of the vehicle that was operated by or in

  5  the actual control of the defendant or any one vehicle

  6  registered in the defendant's name at the time of impoundment

  7  or immobilization, for a period of 10 days or for the

  8  unexpired term of any lease or rental agreement that expires

  9  within 10 days. The impoundment or immobilization must not

10  occur concurrently with the incarceration of the defendant.

11  The impoundment or immobilization order may be dismissed in

12  accordance with paragraph (e), paragraph (f), or paragraph

13  (g).

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15  For the purposes of this section, any conviction for a

16  violation of s. 327.35; a previous conviction for the

17  violation of former s. 316.1931, former s. 860.01, or former

18  s. 316.028; or a previous conviction outside this state for

19  driving under the influence, driving while intoxicated,

20  driving with an unlawful blood-alcohol level, driving with an

21  unlawful breath-alcohol level, or any other similar

22  alcohol-related or drug-related traffic offense, is also

23  considered a previous conviction for violation of this

24  section. However, in satisfaction of the fine imposed pursuant

25  to this section, the court may, upon a finding that the

26  defendant is financially unable to pay either all or part of

27  the fine, order that the defendant participate for a specified

28  additional period of time in public service or a community

29  work project in lieu of payment of that portion of the fine

30  which the court determines the defendant is unable to pay. In

31  determining such additional sentence, the court shall consider

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    Florida House of Representatives - 2000                 HB 151

    578-127A-00






  1  the amount of the unpaid portion of the fine and the

  2  reasonable value of the services to be ordered; however, the

  3  court may not compute the reasonable value of services at a

  4  rate less than the federal minimum wage at the time of

  5  sentencing.

  6         Section 2.  This act shall take effect July 1, 2000.

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  9                          HOUSE SUMMARY

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      Provides that, with respect to a conviction for driving
11    under the influence, if restitution is ordered, the
      defendant may be sentenced to an additional period of
12    probation, not to exceed 4 years, for the purpose of
      completing payment of restitution and court costs.
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