| 1 | A bill to be entitled |
| 2 | An act relating to driving and boating under the |
| 3 | influence; amending s. 316.193, F.S.; requiring a |
| 4 | specified period of imprisonment for a fourth or |
| 5 | subsequent conviction of driving under the influence; |
| 6 | prohibiting substitution of treatment alternatives; |
| 7 | requiring impoundment or immobilization of all vehicles |
| 8 | owned by the defendant for a specified period; providing |
| 9 | for dismissal of an impoundment order; amending s. 327.35, |
| 10 | F.S.; requiring a specified period of imprisonment for a |
| 11 | fourth or subsequent conviction of boating under the |
| 12 | influence; prohibiting substitution of treatment |
| 13 | alternatives; requiring impoundment or immobilization of |
| 14 | the vessel operated by or in the actual control of the |
| 15 | defendant or any one vehicle registered in the defendant's |
| 16 | name at the time of impoundment or immobilization for a |
| 17 | specified period; providing for dismissal of an |
| 18 | impoundment order; providing applicability; providing an |
| 19 | effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Paragraph (c) of subsection (6) of section |
| 24 | 316.193, Florida Statutes, is amended, and paragraph (l) is |
| 25 | added to that subsection, to read: |
| 26 | 316.193 Driving under the influence; penalties.-- |
| 27 | (6) With respect to any person convicted of a violation of |
| 28 | subsection (1), regardless of any penalty imposed pursuant to |
| 29 | subsection (2), subsection (3), or subsection (4): |
| 30 | (c) For the third or subsequent conviction for an offense |
| 31 | that occurs within a period of 10 years after the date of a |
| 32 | prior conviction for violation of this section, the court shall |
| 33 | order imprisonment for not less than 30 days. The court must |
| 34 | also, as a condition of probation, order the impoundment or |
| 35 | immobilization of all vehicles owned by the defendant at the |
| 36 | time of impoundment or immobilization, for a period of 90 days |
| 37 | or for the unexpired term of any lease or rental agreement that |
| 38 | expires within 90 days. The impoundment or immobilization shall |
| 39 | must not occur concurrently with the incarceration of the |
| 40 | defendant and shall must occur concurrently with the driver's |
| 41 | license revocation imposed under s. 322.28(2)(a)3. The |
| 42 | impoundment or immobilization order may be dismissed in |
| 43 | accordance with paragraph (e), paragraph (f), paragraph (g), or |
| 44 | paragraph (h). At least 48 hours of confinement must be |
| 45 | consecutive. |
| 46 | (l) For a fourth or subsequent conviction under |
| 47 | subparagraph (2)(b)3., the court shall order imprisonment for |
| 48 | not less than 2 years. There shall be no substitution of this |
| 49 | minimum mandatory term of imprisonment with treatment |
| 50 | alternatives, as allowed under paragraph (k). The court must |
| 51 | also, as a condition of probation, order the impoundment or |
| 52 | immobilization of all vehicles owned by the defendant at the |
| 53 | time of impoundment or immobilization for a period of 120 days |
| 54 | or for the unexpired term of any lease or rental agreement that |
| 55 | expires within 120 days. The impoundment or immobilization shall |
| 56 | not occur concurrently with the incarceration of the defendant |
| 57 | and shall occur concurrently with the driver's license |
| 58 | revocation imposed under s. 322.28. The impoundment or |
| 59 | immobilization order may be dismissed in accordance with |
| 60 | paragraph (e), paragraph (f), paragraph (g), or paragraph (h). |
| 61 | At least 48 hours of confinement must be consecutive. |
| 62 |
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| 63 | For the purposes of this section, any conviction for a violation |
| 64 | of s. 327.35; a previous conviction for the violation of former |
| 65 | s. 316.1931, former s. 860.01, or former s. 316.028; or a |
| 66 | previous conviction outside this state for driving under the |
| 67 | influence, driving while intoxicated, driving with an unlawful |
| 68 | blood-alcohol level, driving with an unlawful breath-alcohol |
| 69 | level, or any other similar alcohol-related or drug-related |
| 70 | traffic offense, is also considered a previous conviction for |
| 71 | violation of this section. However, in satisfaction of the fine |
| 72 | imposed pursuant to this section, the court may, upon a finding |
| 73 | that the defendant is financially unable to pay either all or |
| 74 | part of the fine, order that the defendant participate for a |
| 75 | specified additional period of time in public service or a |
| 76 | community work project in lieu of payment of that portion of the |
| 77 | fine which the court determines the defendant is unable to pay. |
| 78 | In determining such additional sentence, the court shall |
| 79 | consider the amount of the unpaid portion of the fine and the |
| 80 | reasonable value of the services to be ordered; however, the |
| 81 | court may not compute the reasonable value of services at a rate |
| 82 | less than the federal minimum wage at the time of sentencing. |
| 83 | Section 2. Paragraph (c) of subsection (6) of section |
| 84 | 327.35, Florida Statutes, is amended, and paragraph (j) is added |
| 85 | to that subsection, to read: |
| 86 | 327.35 Boating under the influence; penalties; "designated |
| 87 | drivers".-- |
| 88 | (6) With respect to any person convicted of a violation of |
| 89 | subsection (1), regardless of any other penalty imposed: |
| 90 | (c) For the third or subsequent conviction for an offense |
| 91 | that occurs within a period of 10 years after the date of a |
| 92 | prior conviction for violation of this section, the court shall |
| 93 | order imprisonment for not less than 30 days. The court must |
| 94 | also, as a condition of probation, order the impoundment or |
| 95 | immobilization of the vessel that was operated by or in the |
| 96 | actual control of the defendant or any one vehicle registered in |
| 97 | the defendant's name at the time of impoundment or |
| 98 | immobilization, for a period of 90 days or for the unexpired |
| 99 | term of any lease or rental agreement that expires within 90 |
| 100 | days. The impoundment or immobilization shall must not occur |
| 101 | concurrently with the incarceration of the defendant. The |
| 102 | impoundment or immobilization order may be dismissed in |
| 103 | accordance with paragraph (e) or paragraph (f). At least 48 |
| 104 | hours of confinement must be consecutive. |
| 105 | (j) For a fourth or subsequent conviction under |
| 106 | subparagraph (2)(b)3., the court shall order imprisonment for |
| 107 | not less than 2 years. There shall be no substitution of this |
| 108 | minimum mandatory term of imprisonment with treatment |
| 109 | alternatives, as allowed under paragraph (i). The court must |
| 110 | also, as a condition of probation, order the impoundment or |
| 111 | immobilization of the vessel that was operated by or in the |
| 112 | actual control of the defendant or any one vehicle registered in |
| 113 | the defendant's name at the time of impoundment or |
| 114 | immobilization for a period of 120 days or for the unexpired |
| 115 | term of any lease or rental agreement that expires within 120 |
| 116 | days. The impoundment or immobilization shall not occur |
| 117 | concurrently with the incarceration of the defendant. The |
| 118 | impoundment or immobilization order may be dismissed in |
| 119 | accordance with paragraph (e) or paragraph (f). At least 48 |
| 120 | hours of confinement must be consecutive. |
| 121 |
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| 122 | For the purposes of this section, any conviction for a violation |
| 123 | of s. 316.193, a previous conviction for the violation of former |
| 124 | s. 316.1931, former s. 860.01, or former s. 316.028, or a |
| 125 | previous conviction outside this state for driving under the |
| 126 | influence, driving while intoxicated, driving with an unlawful |
| 127 | blood-alcohol level, driving with an unlawful breath-alcohol |
| 128 | level, or any other similar alcohol-related or drug-related |
| 129 | traffic offense, is also considered a previous conviction for |
| 130 | violation of this section. |
| 131 | Section 3. This act shall take effect October 1, 2006, and |
| 132 | shall apply to offenses committed on or after that date. |