Senate Bill 0196
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 196
By Senator Laurent
17-269-00 See HB 151
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; amending s. 948.15, F.S.,
7 relating to probation services for defendants
8 found guilty of misdemeanors involving the use
9 of alcohol; conforming provisions to changes
10 made by the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Paragraph (a) of subsection (6) of section
15 316.193, Florida Statutes, is amended to read:
16 316.193 Driving under the influence; penalties.--
17 (6) With respect to any person convicted of a
18 violation of subsection (1), regardless of any penalty imposed
19 pursuant to subsection (2), subsection (3), or subsection (4):
20 (a) For the first conviction, the court shall place
21 the defendant on probation for a period not to exceed 1 year
22 and, as a condition of such probation, shall order the
23 defendant to participate in public service or a community work
24 project for a minimum of 50 hours; or the court may order
25 instead, that any defendant pay an additional fine of $10 for
26 each hour of public service or community work otherwise
27 required, if, after consideration of the residence or location
28 of the defendant at the time public service or community work
29 is required, payment of the fine is in the best interests of
30 the state. However, the total period of probation and
31 incarceration may not exceed 1 year unless restitution is
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 196
17-269-00 See HB 151
1 ordered. If restitution is ordered, the defendant may be
2 placed on probation, with or without incarceration as a
3 condition thereof, for a period not to exceed 5 years.
4 However, if after 1 year the defendant has completed payment
5 of the restitution, fine, and court costs and is otherwise in
6 compliance with the terms of probation, the probation shall
7 terminate. The court must also, as a condition of probation,
8 order the impoundment or immobilization of the vehicle that
9 was operated by or in the actual control of the defendant or
10 any one vehicle registered in the defendant's name at the time
11 of impoundment or immobilization, for a period of 10 days or
12 for the unexpired term of any lease or rental agreement that
13 expires within 10 days. The impoundment or immobilization must
14 not occur concurrently with the incarceration of the
15 defendant. The impoundment or immobilization order may be
16 dismissed in accordance with paragraph (e), paragraph (f), or
17 paragraph (g).
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19 For the purposes of this section, any conviction for a
20 violation of s. 327.35; a previous conviction for the
21 violation of former s. 316.1931, former s. 860.01, or former
22 s. 316.028; or a previous conviction outside this state for
23 driving under the influence, driving while intoxicated,
24 driving with an unlawful blood-alcohol level, driving with an
25 unlawful breath-alcohol level, or any other similar
26 alcohol-related or drug-related traffic offense, is also
27 considered a previous conviction for violation of this
28 section. However, in satisfaction of the fine imposed pursuant
29 to this section, the court may, upon a finding that the
30 defendant is financially unable to pay either all or part of
31 the fine, order that the defendant participate for a specified
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 196
17-269-00 See HB 151
1 additional period of time in public service or a community
2 work project in lieu of payment of that portion of the fine
3 which the court determines the defendant is unable to pay. In
4 determining such additional sentence, the court shall consider
5 the amount of the unpaid portion of the fine and the
6 reasonable value of the services to be ordered; however, the
7 court may not compute the reasonable value of services at a
8 rate less than the federal minimum wage at the time of
9 sentencing.
10 Section 2. Subsection (1) of section 948.15, Florida
11 Statutes, is amended to read:
12 948.15 Misdemeanor probation services.--
13 (1) Defendants found guilty of misdemeanors who are
14 placed on probation shall be under supervision not to exceed 6
15 months unless otherwise specified by the court. In relation
16 to any misdemeanor offense other than a felony in which the
17 use of alcohol is a significant factor, the period of
18 probation may be up to 1 year, except as provided in s.
19 316.193(6).
20 Section 3. This act shall take effect July 1, 2000.
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23 LEGISLATIVE SUMMARY
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Provides that, with respect to a conviction for driving
25 under the influence, if restitution is ordered, the
defendant may be sentenced to an additional period of
26 probation, not to exceed 5 years, for the purpose of
completing payment of the restitution, fine, and court
27 costs.
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