| 1 | The Committee on Transportation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to driving under the influence; amending |
| 7 | s. 316.193, F.S.; providing for using certain records of |
| 8 | the Department of Highway Safety and Motor Vehicles as |
| 9 | evidence establishing existence of certain previous |
| 10 | violations; providing for rebutting or contradicting of |
| 11 | such evidence; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (12) is added to section 316.193, |
| 16 | Florida Statutes, to read: |
| 17 | 316.193 Driving under the influence; penalties.-- |
| 18 | (12) If records of the department show that the defendant |
| 19 | has been previously convicted of driving under the influence, |
| 20 | that evidence is sufficient by itself to establish such |
| 21 | conviction or convictions. However, such evidence may be |
| 22 | contradicted or rebutted by other evidence. This presumption may |
| 23 | be considered, together with any other evidence presented, in |
| 24 | deciding if such person has been previously convicted of driving |
| 25 | under the influence. |
| 26 | Section 2. This act shall take effect upon becoming a law. |