HB 1311

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


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