CODING: Words stricken are deletions; words underlined are additions.House Bill 3257
Florida House of Representatives - 1998 HB 3257
By Representatives Sindler, Casey, Feeney, Murman,
Betancourt, Fischer, Merchant, Saunders, Rojas, Melvin,
Safley, Littlefield and Wise
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; providing a third
4 degree felony penalty for a third or subsequent
5 conviction for driving under the influence;
6 increasing present fines and penalties to
7 conform; amending s. 921.0022, F.S.; conforming
8 provisions in the sentencing guidelines;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsections (2) and (4) of section 316.193,
14 Florida Statutes, are amended to read:
15 316.193 Driving under the influence; penalties.--
16 (2)(a) Except as provided in paragraph (b), subsection
17 (3), or subsection (4), any person who is convicted of a
18 violation of subsection (1) shall be punished:
19 1. By a fine of:
20 a. Not less than $250 or more than $500 for a first
21 conviction.
22 b. Not less than $500 or more than $1,000 for a second
23 conviction; and.
24 c. Not less than $1,000 or more than $2,500 for a
25 third conviction; and
26 2. By imprisonment for:
27 a. Not more than 6 months for a first conviction.
28 b. Not more than 9 months for a second conviction.
29 c. Not more than 12 months for a third conviction.
30 (b) Any person who is convicted of a third fourth or
31 subsequent violation of this section is guilty of a felony of
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Florida House of Representatives - 1998 HB 3257
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1 the third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084; however, the fine imposed for such
3 third fourth or subsequent violation may be not less than
4 $2,500 $1,000.
5 (4) Any person who is convicted of a violation of
6 subsection (1) and who has a blood-alcohol level or
7 breath-alcohol level of 0.20 or higher, or any person who is
8 convicted of a violation of subsection (1) and who at the time
9 of the offense was accompanied in the vehicle by a person
10 under the age of 18 years, shall be punished:
11 (a) By a fine of:
12 1. Not less than $500 or more than $1,000 for a first
13 conviction.
14 2. Not less than $1,000 or more than $2,000 for a
15 second conviction.
16 3. Not less than $3,500 $2,000 or more than $7,000
17 $5,000 for a third or subsequent conviction.
18 (b) By imprisonment for:
19 1. Not more than 9 months for a first conviction.
20 2. Not more than 12 months for a second conviction.
21 3. Not more than 12 months for a third conviction.
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23 For the purposes of this subsection, any conviction for a
24 violation of s. 327.35, only the instant offense is required
25 to be a violation of subsection (1) by a person who has a
26 blood-alcohol level or breath-alcohol level of 0.20 or higher.
27 Section 2. Paragraph (f) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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Florida House of Representatives - 1998 HB 3257
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1
2 Florida Fegony
3 Statute Degree Description
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5 (f) LEVEL 6
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
9 conviction.
10 775.0875(1) 3rd Taking firearm from law
11 enforcement officer.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.048(3) 3rd Aggravated stalking; credible
17 threat.
18 784.07(2)(c) 2nd Aggravated assault on law
19 enforcement officer.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 787.02(2) 3rd False imprisonment; restraining
28 with purpose other than those in
29 s. 787.01.
30 790.115(2)(d) 2nd Discharging firearm or weapon on
31 school property.
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1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive
6 or act of arson or violence to
7 state property.
8 790.19 2nd Shooting or throwing deadly
9 missiles into dwellings, vessels,
10 or vehicles.
11 794.011(8)(a) 3rd Solicitation of minor to
12 participate in sexual activity by
13 custodial adult.
14 794.05(1) 2nd Unlawful sexual activity with
15 specified minor.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b) 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.13(2)(c) 2nd Robbery, no firearm or other
25 weapon (strong-arm robbery).
26 817.034(4)(a)1. 1st Communications fraud, value
27 greater than $50,000.
28 817.4821(5) 2nd Possess cloning paraphernalia
29 with intent to create cloned
30 cellular telephones.
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1 825.102(1) 3rd Abuse of an elderly person or
2 disabled adult.
3 825.102(3)(c) 3rd Neglect of an elderly person or
4 disabled adult.
5 825.1025(3) 3rd Lewd or lascivious molestation of
6 an elderly person or disabled
7 adult.
8 825.103(2)(c) 3rd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $100 or more, but less
11 than $20,000.
12 827.03(1) 3rd Abuse of a child.
13 827.03(3)(c) 3rd Neglect of a child.
14 827.071(2)&(3) 2nd Use or induce a child in a sexual
15 performance, or promote or direct
16 such performance.
17 836.05 2nd Threats; extortion.
18 836.10 2nd Written threats to kill or do
19 bodily injury.
20 843.12 3rd Aids or assists person to escape.
21 914.23 2nd Retaliation against a witness,
22 victim, or informant, with bodily
23 injury.
24 944.35(3)(a)2. 3rd Committing malicious battery upon
25 or inflicting cruel or inhuman
26 treatment on an inmate or
27 offender on community
28 supervision, resulting in great
29 bodily harm.
30 944.40 2nd Escapes.
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1 944.46 3rd Harboring, concealing, aiding
2 escaped prisoners.
3 944.47(1)(a)5. 2nd Introduction of contraband
4 (firearm, weapon, or explosive)
5 into correctional facility.
6 951.22(1) 3rd Intoxicating drug, firearm, or
7 weapon introduced into county
8 facility.
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10 Section 3. This act shall take effect October 1, 1998.
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13 HOUSE SUMMARY
14
Provides that it is a third degree felony for a third or
15 subsequent conviction of driving under the influence.
Current law makes it a third degree felony for a fourth
16 or subsequent conviction for driving under the influence.
Conforms other fines and penalty provisions to the act.
17 See bill for details.
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