Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2296
                        Barcode 884782
                            CHAMBER ACTION
              Senate                               House
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       04/25/2006 11:17 AM         .                    
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11  The Committee on Transportation (Diaz de la Portilla)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (6) of section 316.193, Florida
19  Statutes, is amended, and subsection (13) is added to that
20  section, to read:
21         316.193  Driving under the influence; penalties.--
22         (6)  With respect to any person convicted of a
23  violation of this section subsection (1), regardless of any
24  penalty imposed pursuant to subsection (2), subsection (3), or
25  subsection (4):
26         (a)  For the first conviction, the court shall place
27  the defendant on probation for a period not to exceed 1 year
28  and, as a condition of such probation, shall order the
29  defendant to participate in public service or a community work
30  project for a minimum of 50 hours; or the court may order
31  instead, that any defendant pay an additional fine of $10 for
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 each hour of public service or community work otherwise 2 required, if, after consideration of the residence or location 3 of the defendant at the time public service or community work 4 is required, payment of the fine is in the best interests of 5 the state. However, the total period of probation and 6 incarceration may not exceed 1 year. The court must also, as a 7 condition of probation, order the impoundment or 8 immobilization of the vehicle that was operated by or in the 9 actual control of the defendant or any one vehicle registered 10 in the defendant's name at the time of impoundment or 11 immobilization, for a period of 10 days or for the unexpired 12 term of any lease or rental agreement that expires within 10 13 days. The impoundment or immobilization must not occur 14 concurrently with the incarceration of the defendant. The 15 impoundment or immobilization order may be dismissed in 16 accordance with paragraph (e), paragraph (f), paragraph (g), 17 or paragraph (h). 18 (b) For the second conviction for an offense that 19 occurs within a period of 5 years after the date of a prior 20 conviction for violation of this section, the court shall 21 order imprisonment for not less than 10 days. The court must 22 also, as a condition of probation, order the impoundment or 23 immobilization of all vehicles owned by the defendant at the 24 time of impoundment or immobilization, for a period of 30 days 25 or for the unexpired term of any lease or rental agreement 26 that expires within 30 days. The impoundment or immobilization 27 must not occur concurrently with the incarceration of the 28 defendant and must occur concurrently with the driver's 29 license revocation imposed under s. 322.28(2)(a)2. The 30 impoundment or immobilization order may be dismissed in 31 accordance with paragraph (e), paragraph (f), paragraph (g), 2 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 or paragraph (h). At least 48 hours of confinement must be 2 consecutive. 3 (c) For the third or subsequent conviction for an 4 offense that occurs within a period of 10 years after the date 5 of a prior conviction for violation of this section, the court 6 shall order imprisonment for not less than 30 days. The court 7 must also, as a condition of probation, order the impoundment 8 or immobilization of all vehicles owned by the defendant at 9 the time of impoundment or immobilization, for a period of 90 10 days or for the unexpired term of any lease or rental 11 agreement that expires within 90 days. The impoundment or 12 immobilization shall must not occur concurrently with the 13 incarceration of the defendant and shall must occur 14 concurrently with the driver's license revocation imposed 15 under s. 322.28(2)(a)3. The impoundment or immobilization 16 order may be dismissed in accordance with paragraph (e), 17 paragraph (f), paragraph (g), or paragraph (h). At least 48 18 hours of confinement must be consecutive. 19 (d) The court must at the time of sentencing the 20 defendant issue an order for the impoundment or immobilization 21 of a vehicle. Within 7 business days after the date that the 22 court issues the order of impoundment or immobilization, the 23 clerk of the court must send notice by certified mail, return 24 receipt requested, to the registered owner of each vehicle, if 25 the registered owner is a person other than the defendant, and 26 to each person of record claiming a lien against the vehicle. 27 (e) A person who owns but was not operating the 28 vehicle when the offense occurred may submit to the court a 29 police report indicating that the vehicle was stolen at the 30 time of the offense or documentation of having purchased the 31 vehicle after the offense was committed from an entity other 3 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 than the defendant or the defendant's agent. If the court 2 finds that the vehicle was stolen or that the sale was not 3 made to circumvent the order and allow the defendant continued 4 access to the vehicle, the order must be dismissed and the 5 owner of the vehicle will incur no costs. If the court denies 6 the request to dismiss the order of impoundment or 7 immobilization, the petitioner may request an evidentiary 8 hearing. 9 (f) A person who owns but was not operating the 10 vehicle when the offense occurred, and whose vehicle was 11 stolen or who purchased the vehicle after the offense was 12 committed directly from the defendant or the defendant's 13 agent, may request an evidentiary hearing to determine whether 14 the impoundment or immobilization should occur. If the court 15 finds that either the vehicle was stolen or the purchase was 16 made without knowledge of the offense, that the purchaser had 17 no relationship to the defendant other than through the 18 transaction, and that such purchase would not circumvent the 19 order and allow the defendant continued access to the vehicle, 20 the order must be dismissed and the owner of the vehicle will 21 incur no costs. 22 (g) The court shall also dismiss the order of 23 impoundment or immobilization of the vehicle if the court 24 finds that the family of the owner of the vehicle has no other 25 private or public means of transportation. 26 (h) The court may also dismiss the order of 27 impoundment or immobilization of any vehicles that are owned 28 by the defendant but that are operated solely by the employees 29 of the defendant or any business owned by the defendant. 30 (i) All costs and fees for the impoundment or 31 immobilization, including the cost of notification, must be 4 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 paid by the owner of the vehicle or, if the vehicle is leased 2 or rented, by the person leasing or renting the vehicle, 3 unless the impoundment or immobilization order is dismissed. 4 All provisions of s. 713.78 shall apply. 5 (j) The person who owns a vehicle that is impounded or 6 immobilized under this paragraph, or a person who has a lien 7 of record against such a vehicle and who has not requested a 8 review of the impoundment pursuant to paragraph (e), paragraph 9 (f), or paragraph (g), may, within 10 days after the date that 10 person has knowledge of the location of the vehicle, file a 11 complaint in the county in which the owner resides to 12 determine whether the vehicle was wrongfully taken or withheld 13 from the owner or lienholder. Upon the filing of a complaint, 14 the owner or lienholder may have the vehicle released by 15 posting with the court a bond or other adequate security equal 16 to the amount of the costs and fees for impoundment or 17 immobilization, including towing or storage, to ensure the 18 payment of such costs and fees if the owner or lienholder does 19 not prevail. When the bond is posted and the fee is paid as 20 set forth in s. 28.24, the clerk of the court shall issue a 21 certificate releasing the vehicle. At the time of release, 22 after reasonable inspection, the owner or lienholder must give 23 a receipt to the towing or storage company indicating any loss 24 or damage to the vehicle or to the contents of the vehicle. 25 (k) A defendant, in the court's discretion, may be 26 required to serve all or any portion of a term of imprisonment 27 to which the defendant has been sentenced pursuant to this 28 section in a residential alcoholism treatment program or a 29 residential drug abuse treatment program. Any time spent in 30 such a program must be credited by the court toward the term 31 of imprisonment. 5 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 (l) For the fourth or subsequent conviction under 2 subparagraph (2)(b)3., the court shall order imprisonment for 3 not less than 2 years. There shall be no substitution of this 4 minimum mandatory term of imprisonment with treatment 5 alternatives. However, the court may, with the consent of the 6 state, order the defendant to serve a minimum mandatory 7 sentence of 1 year and 1 day of incarceration followed by a 8 period of probation during which the defendant must attend and 9 successfully complete a residential alcohol treatment program, 10 a residential drug abuse treatment program, or be placed on 11 community control. The court must also, as a condition of 12 probation, order the impoundment or immobilization of all 13 vehicles owned by the defendant at the time of impoundment or 14 immobilization for a period of 120 days or for the unexpired 15 term of any lease or rental agreement that expires within 120 16 days. The impoundment or immobilization shall not occur 17 concurrently with the incarceration of the defendant and shall 18 occur concurrently with the driver's license revocation 19 imposed under s. 322.28. The impoundment or immobilization 20 order may be dismissed in accordance with paragraph (e), 21 paragraph (f), paragraph (g), or paragraph (h). At least 48 22 hours of confinement must be consecutive. 23 24 For the purposes of this section, any conviction for a 25 violation of s. 327.35; a previous conviction for the 26 violation of former s. 316.1931, former s. 860.01, or former 27 s. 316.028; or a previous conviction outside this state for 28 driving under the influence, driving while intoxicated, 29 driving with an unlawful blood-alcohol level, driving with an 30 unlawful breath-alcohol level, or any other similar 31 alcohol-related or drug-related traffic offense, is also 6 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 considered a previous conviction for violation of this 2 section. However, in satisfaction of the fine imposed pursuant 3 to this section, the court may, upon a finding that the 4 defendant is financially unable to pay either all or part of 5 the fine, order that the defendant participate for a specified 6 additional period of time in public service or a community 7 work project in lieu of payment of that portion of the fine 8 which the court determines the defendant is unable to pay. In 9 determining such additional sentence, the court shall consider 10 the amount of the unpaid portion of the fine and the 11 reasonable value of the services to be ordered; however, the 12 court may not compute the reasonable value of services at a 13 rate less than the federal minimum wage at the time of 14 sentencing. 15 (13)(a) Notwithstanding s. 921.241, every judgment of 16 guilty with respect to any offense governed by this section 17 shall comply with this subsection. Each judgment shall be in 18 writing, signed by the judge, and recorded by the clerk of the 19 circuit court. The judge shall cause to be affixed to every 20 such written judgment of guilty, in open court and in the 21 presence of such judge, the fingerprints of the defendant 22 against whom such judgment is rendered. Such fingerprints 23 shall be affixed beneath the judge's signature to any such 24 judgment. Beneath such fingerprints shall be appended a 25 certificate in substantially the following form: 26 27 "I hereby certify that the above and foregoing fingerprints 28 are of the defendant, (name) , and that they were placed 29 thereon by said defendant in my presence, in open court, this 30 the ___ day of _(month)_________ (year) ." 31 7 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 Such certificate shall be signed by the judge, whose signature 2 thereto shall be followed by the word "Judge." 3 (b) Any such written judgment of guilty, or a 4 certified copy thereof, shall be admissible in evidence in the 5 courts of this state as prima facie evidence that the 6 fingerprints appearing thereon and certified by the judge are 7 the fingerprints of the defendant against whom such judgment 8 of guilty was rendered. 9 (c) At the time the defendant's fingerprints are 10 taken, the judge shall also cause the defendant's social 11 security number to be taken. The defendant's social security 12 number shall be affixed to every written judgment of guilty, 13 in open court, in the presence of such judge, and at the time 14 the judgment is rendered. If the defendant is unable or 15 unwilling to provide his or her social security number, the 16 reason for its absence shall be indicated on the written 17 judgment. 18 Section 2. Paragraphs (a) and (c) of subsection (6) of 19 section 327.35, Florida Statutes, are amended, paragraphs (j) 20 and (k) are added to that subsection, and subsection (11) is 21 added to that section, to read: 22 327.35 Boating under the influence; penalties; 23 "designated drivers".-- 24 (6) With respect to any person convicted of a 25 violation of subsection (1), regardless of any other penalty 26 imposed: 27 (a) For the first conviction, the court shall place 28 the defendant on probation for a period not to exceed 1 year 29 and, as a condition of such probation, shall order the 30 defendant to participate in public service or a community work 31 project for a minimum of 50 hours. The court must also, as a 8 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 condition of probation, order the impoundment or 2 immobilization of the vessel that was operated by or in the 3 actual control of the defendant or any one vehicle registered 4 in the defendant's name at the time of impoundment or 5 immobilization, for a period of 10 days or for the unexpired 6 term of any lease or rental agreement that expires within 10 7 days. The impoundment or immobilization must not occur 8 concurrently with the incarceration of the defendant. The 9 impoundment or immobilization order may be dismissed in 10 accordance with paragraph (e) or paragraph (f). The total 11 period of probation and incarceration may not exceed 1 year. 12 (c) For the third or subsequent conviction for an 13 offense that occurs within a period of 10 years after the date 14 of a prior conviction for violation of this section, the court 15 shall order imprisonment for not less than 30 days. The court 16 must also, as a condition of probation, order the impoundment 17 or immobilization of the vessel that was operated by or in the 18 actual control of the defendant or any one vehicle registered 19 in the defendant's name at the time of impoundment or 20 immobilization, for a period of 90 days or for the unexpired 21 term of any lease or rental agreement that expires within 90 22 days. The impoundment or immobilization shall must not occur 23 concurrently with the incarceration of the defendant. The 24 impoundment or immobilization order may be dismissed in 25 accordance with paragraph (e) or paragraph (f). At least 48 26 hours of confinement must be consecutive. 27 (j) For the fourth or subsequent conviction under 28 subparagraph (2)(b)3., the court shall order imprisonment for 29 not less than 2 years. There shall be no substitution of this 30 minimum mandatory term of imprisonment with treatment 31 alternatives. However, the court may, with the consent of the 9 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 state, order the defendant to serve a minimum mandatory 2 sentence of 1 year and 1 day of incarceration followed by a 3 period of probation during which the defendant must attend and 4 successfully complete a residential alcohol treatment program, 5 a residential drug abuse treatment program, or be placed on 6 community control. The court must also, as a condition of 7 probation, order the impoundment or immobilization of the 8 vessel that was operated by or in the actual control of the 9 defendant or any one vehicle registered in the defendant's 10 name at the time of impoundment or immobilization for a period 11 of 120 days or for the unexpired term of any lease or rental 12 agreement that expires within 120 days. The impoundment or 13 immobilization shall not occur concurrently with the 14 incarceration of the defendant. The impoundment or 15 immobilization order may be dismissed in accordance with 16 paragraph (e) or paragraph (f). At least 48 hours of 17 confinement must be consecutive. 18 (k) A person who owns but was not operating the vessel 19 when an offense under this section occurred may request an 20 evidentiary hearing to determine whether the impoundment or 21 immobilization should occur. If the court finds that the owner 22 was unaware of the defendant's prior conviction and sentence 23 under paragraph (a), paragraph (b), paragraph (c), or 24 paragraph (j) or if the court finds that there are other 25 mitigating circumstances that should allow the owner of the 26 vessel to secure the release of the vessel to the owner's 27 possession, the court may do so by dismissing the order of 28 impoundment or immobilization with or without cost to the 29 vessel owner. 30 31 For the purposes of this section, any conviction for a 10 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 violation of s. 316.193, a previous conviction for the 2 violation of former s. 316.1931, former s. 860.01, or former 3 s. 316.028, or a previous conviction outside this state for 4 driving under the influence, driving while intoxicated, 5 driving with an unlawful blood-alcohol level, driving with an 6 unlawful breath-alcohol level, or any other similar 7 alcohol-related or drug-related traffic offense, is also 8 considered a previous conviction for violation of this 9 section. 10 (11)(a) Notwithstanding s. 921.241, every judgment of 11 guilty with respect to any offense governed by this section 12 shall comply with this subsection. Each judgment shall be in 13 writing, signed by the judge, and recorded by the clerk of the 14 circuit court. The judge shall cause to be affixed to every 15 such written judgment of guilty, in open court and in the 16 presence of such judge, the fingerprints of the defendant 17 against whom such judgment is rendered. Such fingerprints 18 shall be affixed beneath the judge's signature to any such 19 judgment. Beneath such fingerprints shall be appended a 20 certificate in substantially the following form: 21 22 "I hereby certify that the above and foregoing fingerprints 23 are of the defendant, (name) , and that they were placed 24 thereon by said defendant in my presence, in open court, this 25 the ___ day of _(month)_________ (year)." 26 27 Such certificate shall be signed by the judge, whose signature 28 thereto shall be followed by the word "Judge." 29 (b) Any such written judgment of guilty, or a 30 certified copy thereof, shall be admissible in evidence in the 31 courts of this state as prima facie evidence that the 11 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 fingerprints appearing thereon and certified by the judge are 2 the fingerprints of the defendant against whom such judgment 3 of guilty was rendered. 4 (c) At the time the defendant's fingerprints are 5 taken, the judge shall also cause the defendant's social 6 security number to be taken. The defendant's social security 7 number shall be affixed to every written judgment of guilty, 8 in open court, in the presence of such judge, and at the time 9 the judgment is rendered. If the defendant is unable or 10 unwilling to provide his or her social security number, the 11 reason for its absence shall be indicated on the written 12 judgment. 13 Section 3. This act shall take effect October 1, 2006, 14 and shall apply to offenses committed on or after that date. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 Delete everything before the enacting clause 20 21 and insert: 22 A bill to be entitled 23 An act relating to driving and boating under 24 the influence; amending s. 316.193, F.S.; 25 providing for applicability of sanctions; 26 requiring a specified period of imprisonment 27 for a fourth or subsequent conviction of 28 driving under the influence; prohibiting 29 substitution of treatment alternatives in 30 certain circumstances; requiring impoundment or 31 immobilization of all vehicles owned by the 12 11:28 AM 04/24/06 s2296d-tr36-k0h
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2296 Barcode 884782 1 defendant for a specified period; providing for 2 dismissal of an impoundment order; requiring 3 records of judgments of guilty to include 4 fingerprints and social security numbers; 5 amending s. 327.35, F.S.; requiring a specified 6 period of imprisonment for a fourth or 7 subsequent conviction of boating under the 8 influence; prohibiting substitution of 9 treatment alternatives in certain 10 circumstances; requiring impoundment or 11 immobilization of the vessel operated by or in 12 the actual control of the defendant or any one 13 vehicle registered in the defendant's name at 14 the time of impoundment or immobilization for a 15 specified period; providing for dismissal of an 16 order of impoundment or immobilization under 17 certain circumstances upon request of an owner 18 who was not operating the vessel; providing for 19 dismissal of an impoundment order; requiring 20 records of judgments of guilty to include 21 fingerprints and social security numbers; 22 providing applicability; providing an effective 23 date. 24 25 26 27 28 29 30 31 13 11:28 AM 04/24/06 s2296d-tr36-k0h