HB 165

1	A bill to be entitled
2	An act relating to penalties for driving under the
3	influence; amending s. 316.193, F.S.; requiring a court to
4	order a defendant, after a first conviction for driving
5	under the influence, to participate in not less than 50
6	hours of community service as a condition of probation;
7	authorizing a court to impose a specified fine under
8	certain conditions; providing an exception; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraph (a) of subsection (6) of section
14	316.193, Florida Statutes, is amended to read:
15	316.193  Driving under the influence; penalties.--
16	(6)  With respect to any person convicted of a violation of
17	subsection (1), regardless of any penalty imposed pursuant to
18	subsection (2), subsection (3), or subsection (4):
19	(a)  For the first conviction, the court shall place the
20	defendant on probation for a period not to exceed 1 year and, as
21	a condition of such probation, shall order the defendant to
22	participate in public service or a community work project for a
23	minimum of 50 hours.; or The court may order a instead, that any
24	defendant to pay an additional fine of $10 for each hour of
25	public service or community work otherwise required only, if the
26	court finds that, after consideration of the residence or
27	location of the defendant at the time public service or
28	community work is required or the defendant's employment
29	obligations would create an undue hardship for the defendant,
30	payment of the fine is in the best interests of the state.
31	However, the total period of probation and incarceration may not
32	exceed 1 year. The court must also, as a condition of probation,
33	order the impoundment or immobilization of the vehicle that was
34	operated by or in the actual control of the defendant or any one
35	vehicle registered in the defendant's name at the time of
36	impoundment or immobilization, for a period of 10 days or for
37	the unexpired term of any lease or rental agreement that expires
38	within 10 days. The impoundment or immobilization must not occur
39	concurrently with the incarceration of the defendant. The
40	impoundment or immobilization order may be dismissed in
41	accordance with paragraph (e), paragraph (f), paragraph (g), or
42	paragraph (h).
43
44	For the purposes of this section, any conviction for a violation
45	of s. 327.35; a previous conviction for the violation of former
46	s. 316.1931, former s. 860.01, or former s. 316.028; or a
47	previous conviction outside this state for driving under the
48	influence, driving while intoxicated, driving with an unlawful
49	blood-alcohol level, driving with an unlawful breath-alcohol
50	level, or any other similar alcohol-related or drug-related
51	traffic offense, is also considered a previous conviction for
52	violation of this section. However, in satisfaction of the fine
53	imposed pursuant to this section, the court may, upon a finding
54	that the defendant is financially unable to pay either all or
55	part of the fine, order that the defendant participate for a
56	specified additional period of time in public service or a
57	community work project in lieu of payment of that portion of the
58	fine which the court determines the defendant is unable to pay.
59	In determining such additional sentence, the court shall
60	consider the amount of the unpaid portion of the fine and the
61	reasonable value of the services to be ordered; however, the
62	court may not compute the reasonable value of services at a rate
63	less than the federal minimum wage at the time of sentencing.
64	Section 2.  This act shall take effect July 1, 2009.

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