HB 1311CS

CHAMBER ACTION




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


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