House Bill 0441
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Florida House of Representatives - 1999 HB 441
By Representative Betancourt
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; providing a
4 third-degree-felony penalty for a third or
5 subsequent conviction for driving under the
6 influence; increasing present fines and
7 penalties to conform; amending s. 921.0022,
8 F.S.; conforming provisions in the sentencing
9 guidelines; providing an effective date.
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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, 1998 Supplement, 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 - 1999 HB 441
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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, 1998 Supplement, is amended to
29 read:
30 921.0022 Criminal Punishment Code; offense severity
31 ranking chart.--
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Florida House of Representatives - 1999 HB 441
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1 (3) OFFENSE SEVERITY RANKING CHART
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3 Florida Felony
4 Statute Degree Description
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6 (f) LEVEL 6
7 316.027(1)(b) 2nd Accident involving death, failure
8 to stop; leaving scene.
9 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
10 conviction.
11 775.0875(1) 3rd Taking firearm from law
12 enforcement officer.
13 775.21(9) 3rd Sexual predators; failure to
14 register; failure to renew
15 driver's license or
16 identification card.
17 784.021(1)(a) 3rd Aggravated assault; deadly weapon
18 without intent to kill.
19 784.021(1)(b) 3rd Aggravated assault; intent to
20 commit felony.
21 784.041 3rd Felony battery.
22 784.048(3) 3rd Aggravated stalking; credible
23 threat.
24 784.048(5) 3rd Aggravated stalking of person
25 under 16.
26 784.07(2)(c) 2nd Aggravated assault on law
27 enforcement officer.
28 784.08(2)(b) 2nd Aggravated assault on a person 65
29 years of age or older.
30 784.081(2) 2nd Aggravated assault on specified
31 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive
16 or act of arson or violence to
17 state property.
18 790.19 2nd Shooting or throwing deadly
19 missiles into dwellings, vessels,
20 or vehicles.
21 794.011(8)(a) 3rd Solicitation of minor to
22 participate in sexual activity by
23 custodial adult.
24 794.05(1) 2nd Unlawful sexual activity with
25 specified minor.
26 806.031(2) 2nd Arson resulting in great bodily
27 harm to firefighter or any other
28 person.
29 810.02(3)(c) 2nd Burglary of occupied structure;
30 unarmed; no assault or battery.
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1 812.014(2)(b) 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.13(2)(c) 2nd Robbery, no firearm or other
5 weapon (strong-arm robbery).
6 817.034(4)(a)1. 1st Communications fraud, value
7 greater than $50,000.
8 817.4821(5) 2nd Possess cloning paraphernalia
9 with intent to create cloned
10 cellular telephones.
11 825.102(1) 3rd Abuse of an elderly person or
12 disabled adult.
13 825.102(3)(c) 3rd Neglect of an elderly person or
14 disabled adult.
15 825.1025(3) 3rd Lewd or lascivious molestation of
16 an elderly person or disabled
17 adult.
18 825.103(2)(c) 3rd Exploiting an elderly person or
19 disabled adult and property is
20 valued at less than $20,000.
21 827.03(1) 3rd Abuse of a child.
22 827.03(3)(c) 3rd Neglect of a child.
23 827.071(2)&(3) 2nd Use or induce a child in a sexual
24 performance, or promote or direct
25 such performance.
26 836.05 2nd Threats; extortion.
27 836.10 2nd Written threats to kill or do
28 bodily injury.
29 843.12 3rd Aids or assists person to escape.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 914.23 2nd Retaliation against a witness,
5 victim, or informant, with bodily
6 injury.
7 943.0435(6) 3rd Sex offenders; failure to comply
8 with reporting requirements.
9 944.35(3)(a)2. 3rd Committing malicious battery upon
10 or inflicting cruel or inhuman
11 treatment on an inmate or
12 offender on community
13 supervision, resulting in great
14 bodily harm.
15 944.40 2nd Escapes.
16 944.46 3rd Harboring, concealing, aiding
17 escaped prisoners.
18 944.47(1)(a)5. 2nd Introduction of contraband
19 (firearm, weapon, or explosive)
20 into correctional facility.
21 951.22(1) 3rd Intoxicating drug, firearm, or
22 weapon introduced into county
23 facility.
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25 Section 3. This act shall take effect October 1, 1999.
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Florida House of Representatives - 1999 HB 441
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2 LEGISLATIVE SUMMARY
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Provides for a third-degree-felony penalty for a third or
4 subsequent conviction of driving under the influence.
Current law prescribes a third-degree-felony penalty for
5 a fourth or subsequent conviction for driving under the
influence. Conforms other fines and penalty provisions to
6 the act. See bill for details.
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