Florida Senate - 2011                                     SB 316
       
       
       
       By Senator Hays
       
       
       
       
       20-00456-11                                            2011316__
    1                        A bill to be entitled                      
    2         An act relating to the offense of fleeing or
    3         attempting to elude a law enforcement officer if
    4         committed by a juvenile; amending s. 316.1935, F.S.;
    5         requiring the court to revoke, for a period not less
    6         than 1 year nor exceeding 5 years, the driver’s
    7         license of an operator of a motor vehicle adjudicated
    8         delinquent for fleeing or attempting to elude a law
    9         enforcement officer under specified circumstances;
   10         prohibiting the court from suspending, deferring, or
   11         withholding an adjudication of delinquency for a
   12         juvenile who fled or attempted to elude a law
   13         enforcement officer; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (5) and (6) of section 316.1935,
   18  Florida Statutes, are amended to read:
   19         316.1935 Fleeing or attempting to elude a law enforcement
   20  officer; aggravated fleeing or eluding.—
   21         (5) The court shall revoke, for a period not less than 1
   22  year nor exceeding 5 years, the driver’s license of any operator
   23  of a motor vehicle convicted of or adjudicated delinquent for a
   24  violation of subsection (1), subsection (2), subsection (3), or
   25  subsection (4).
   26         (6) Notwithstanding s. 948.01, a no court may not suspend,
   27  defer, or withhold adjudication of guilt or delinquency or
   28  imposition of sentence for any violation of this section. A
   29  person convicted and sentenced to a mandatory minimum term of
   30  incarceration under paragraph (3)(b) or paragraph (4)(b) is not
   31  eligible for statutory gain-time under s. 944.275 or any form of
   32  discretionary early release, other than pardon or executive
   33  clemency or conditional medical release under s. 947.149, prior
   34  to serving the mandatory minimum sentence.
   35         Section 2. This act shall take effect October 1, 2011.