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The Committee on Criminal and Civil Justice Appropriations

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(Crist) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 21-22,

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insert:

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     Section 1.  Paragraph (a) of subsection (6) of section

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316.193, Florida Statutes, is amended to read:

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     316.193  Driving under the influence; penalties.--

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     (6)  With respect to any person convicted of a violation of

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subsection (1), regardless of any penalty imposed pursuant to

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subsection (2), subsection (3), or subsection (4):

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     (a)  For the first conviction, the court shall place the

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defendant on probation for a period not to exceed 1 year and, as

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a condition of such probation, shall order the defendant to

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participate in public service or a community work project for a

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minimum of 50 hours.; or The court may order a instead, that any

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defendant to pay an additional fine of $10 for each hour of

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public service or community work otherwise required only, if the

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court finds that, after consideration of the residence or

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location of the defendant at the time public service or community

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work is required or the defendant's employment obligations would

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create an undue hardship for the defendant, payment of the fine

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is in the best interests of the state. However, the total period

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of probation and incarceration may not exceed 1 year. The court

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must also, as a condition of probation, order the impoundment or

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immobilization of the vehicle that was operated by or in the

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actual control of the defendant or any one vehicle registered in

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the defendant's name at the time of impoundment or

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immobilization, for a period of 10 days or for the unexpired term

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of any lease or rental agreement that expires within 10 days. The

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impoundment or immobilization must not occur concurrently with

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the incarceration of the defendant. The impoundment or

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immobilization order may be dismissed in accordance with

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paragraph (e), paragraph (f), paragraph (g), or paragraph (h).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2 and 3,

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and insert:

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An act relating to penalties for traffic offenses;

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amending s. 316.193, F.S.; requiring a court to order a

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defendant, after a first conviction for driving under the

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influence, to participate in a certain number of hours of

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community service as a condition of probation; authorizing

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a court to impose a specified fine under certain

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conditions; providing an exception; amending s. 318.18,

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F.S.;

4/22/2008  9:20:00 AM     12-08283-08