Senate Bill sb2762e1

    CS for SB 2762                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; providing that a

  4         previous conviction for the offense of driving

  5         under the influence is sufficient evidence to

  6         establish such conviction; providing that such

  7         evidence may be rebutted or contradicted;

  8         requiring the Department of Highway Safety and

  9         Motor Vehicles to review materials submitted by

10         the law enforcement officer to determine

11         whether the materials comply with applicable

12         statutes, rules, and policies; directing the

13         department to inform the law enforcement

14         officer when a deficiency exists so that the

15         deficiency may be corrected prior to the

16         hearing; providing an effective date.

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

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20         Section 1.  Subsection (12) is added to section

21  316.193, Florida Statutes, to read:

22         316.193  Driving under the influence; penalties.--

23         (12)  If the records of the Department of Highway

24  Safety and Motor Vehicles show that the defendant has been

25  previously convicted of the offense of driving under the

26  influence, that evidence is sufficient by itself to establish

27  that prior conviction for driving under the influence.

28  However, such evidence may be contradicted or rebutted by

29  other evidence. This presumption may be considered along with

30  any other evidence presented in deciding whether the defendant

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    CS for SB 2762                                 First Engrossed



 1  has been previously convicted of the offense of driving under

 2  the influence.

 3         Section 2.  The Department of Highway Safety and Motor

 4  Vehicles shall review the materials submitted by the law

 5  enforcement officer to determine whether the materials comply

 6  with applicable statutes, rules, and policies, and the

 7  department shall inform the law enforcement officer when a

 8  deficiency exists so that the deficiency may be corrected

 9  prior to the hearing.

10         Section 3.  This act shall take effect July 1, 2004.

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