House Bill 0151c1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000              CS/HB 151

        By the Committee on Crime & Punishment and Representatives
    Dockery, Fasano and Putnam





  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; increasing the

  4         period of probation with respect to a person

  5         convicted of certain violations for driving

  6         under the influence if restitution is ordered;

  7         providing for the termination of such

  8         additional probationary period under certain

  9         circumstances; amending s. 948.15, F.S.;

10         conforming to the act; providing an effective

11         date.

12

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

14

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

16  316.193, Florida Statutes, is amended to read:

17         316.193  Driving under the influence; penalties.--

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

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

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

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

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

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

24  defendant to participate in public service or a community work

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

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

27  each hour of public service or community work otherwise

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

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

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

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

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    Florida House of Representatives - 2000              CS/HB 151

    189-881-00






  1  incarceration may not exceed 1 year unless restitution is

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

  3  placed on probation, with or without incarceration as a

  4  condition thereof, for a period not to exceed 5 years.

  5  However, if after 1 year the defendant has completed payment

  6  of restitution, fine and court costs, and is otherwise in

  7  compliance with the terms of probation, the probation shall be

  8  terminated. The court must also, as a condition of probation,

  9  order the impoundment or immobilization of the vehicle that

10  was operated by or in the actual control of the defendant or

11  any one vehicle registered in the defendant's name at the time

12  of impoundment or immobilization, for a period of 10 days or

13  for the unexpired term of any lease or rental agreement that

14  expires within 10 days. The impoundment or immobilization must

15  not occur concurrently with the incarceration of the

16  defendant.  The impoundment or immobilization order may be

17  dismissed in accordance with paragraph (e), paragraph (f), or

18  paragraph (g).

19

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

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

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

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

24  driving under the influence, driving while intoxicated,

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

26  unlawful breath-alcohol level, or any other similar

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

28  considered a previous conviction for violation of this

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

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

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

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    Florida House of Representatives - 2000              CS/HB 151

    189-881-00






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

  2  additional period of time in public service or a community

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

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

  5  determining such additional sentence, the court shall consider

  6  the amount of the unpaid portion of the fine and the

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

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

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

10  sentencing.

11         Section 2.  Subsection (1) of section 948.15, Florida

12  Statutes, is amended to read:

13         948.15  Misdemeanor probation services.--

14         (1)  Defendants found guilty of misdemeanors who are

15  placed on probation shall be under supervision not to exceed 6

16  months unless otherwise specified by the court.  In relation

17  to any misdemeanor offense other than a felony in which the

18  use of alcohol is a significant factor, the period of

19  probation may be up to 1 year except as provided in s.

20  316.193(6).

21         Section 3.  This act shall take effect July 1, 2000.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Authorizes the court to extend the period of probation
26    for a misdemeanor conviction of driving under the
      influence to up to 5 years if restitution is ordered.
27    The 5-year period of probation can apply whether or not
      incarceration was included as a condition of probation.
28    Provides that if the defendant has satisfied all
      financial obligations within the first year of probation
29    and is otherwise in compliance with the terms of
      probation, the probation period must be terminated.
30

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