Florida Seeking Tougher Penalties for Repeat Offenders

The Florida legislature has been very active in DUI matters this year. Governor Jeb Bush is currently considering a bill that swept through both the House and Senate and will, if signed, amend the statute requiring disclosure to defendants in DUI cases to specifically preclude access to breathalyzer source code.

Another bill, which passed the House but died in the Senate Appropriations Committee this week would have instituted a mandatory minimum two year prison sentence for a fourth (or subsequent) DUI conviction. A judge would have had the authority to substitute treatment for the second year of imprisonment, but could not otherwise reduce the sentence.

The demise of the bill appears to have been based more on the increased costs associated with its enforcement than any philosophical differences, and lawmakers have vowed to re-introduce the idea next session with new cost-cutting measures attached. If that bill passes, it will make Florida one of the toughest states in the country in sentencing repeat DUI offenders.

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