Senate Bill 0824

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



    Florida Senate - 1999                                   SB 824

    By Senator Horne





    6-719-99                                                See HB

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; providing that a

  4         third or subsequent conviction for driving

  5         under the influence is a third-degree felony;

  6         increasing the fines and penalties imposed for

  7         such offense; amending s. 921.0022, F.S.;

  8         conforming provisions in the sentencing

  9         guidelines; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Subsections (1), (2), and (4) of section

14  316.193, Florida Statutes, 1998 Supplement, are amended to

15  read:

16         316.193  Driving under the influence; penalties.--

17         (1)  A person commits is guilty of the offense of

18  driving under the influence and is subject to punishment as

19  provided in subsection (2) if the person is driving or in

20  actual physical control of a vehicle within this state and:

21         (a)  The person is under the influence of alcoholic

22  beverages, any chemical substance set forth in s. 877.111, or

23  any substance controlled under chapter 893, when affected to

24  the extent that the person's normal faculties are impaired;

25         (b)  The person has a blood-alcohol level of 0.08 or

26  more grams of alcohol per 100 milliliters of blood; or

27         (c)  The person has a breath-alcohol level of 0.08 or

28  more grams of alcohol per 210 liters of breath.

29         (2)(a)  Except as provided in paragraph (b), subsection

30  (3), or subsection (4), any person who is convicted of a

31  violation of subsection (1) shall be punished:

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1         1.  By a fine of:

  2         a.  Not less than $250 or more than $500 for a first

  3  conviction.

  4         b.  Not less than $500 or more than $1,000 for a second

  5  conviction; and.

  6         c.  Not less than $1,000 or more than $2,500 for a

  7  third conviction; and

  8         2.  By imprisonment for:

  9         a.  Not more than 6 months for a first conviction.

10         b.  Not more than 9 months for a second conviction.

11         c.  Not more than 12 months for a third conviction.

12         (b)  Any person who is convicted of a third fourth or

13  subsequent violation of this section commits is guilty of a

14  felony of the third degree, punishable as provided in s.

15  775.082, s. 775.083, or s. 775.084; however, the fine imposed

16  for such third fourth or subsequent violation may be not less

17  than $2,500 $1,000.

18         (3)  Any person:

19         (a)  Who is in violation of subsection (1);

20         (b)  Who operates a vehicle; and

21         (c)  Who, by reason of such operation, causes:

22         1.  Damage to the property or person of another commits

23  a misdemeanor of the first degree, punishable as provided in

24  s. 775.082 or s. 775.083.

25         2.  Serious bodily injury to another, as defined in s.

26  316.1933, commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         3.  The death of any human being commits DUI

29  manslaughter, and commits:

30         a.  A felony of the second degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1         b.  A felony of the first degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  3         (I)  At the time of the accident, the person knew, or

  4  should have known, that the accident occurred; and

  5         (II)  The person failed to give information and render

  6  aid as required by s. 316.062.

  7         (4)  Any person who is convicted of a violation of

  8  subsection (1) and who has a blood-alcohol level or

  9  breath-alcohol level of 0.20 or higher, or any person who is

10  convicted of a violation of subsection (1) and who at the time

11  of the offense was accompanied in the vehicle by a person

12  under the age of 18 years, shall be punished:

13         (a)  By a fine of:

14         1.  Not less than $500 or more than $1,000 for a first

15  conviction.

16         2.  Not less than $1,000 or more than $2,000 for a

17  second conviction.

18         3.  Not less than $3,500 $2,000 or more than $7,000

19  $5,000 for a third or subsequent conviction.

20         (b)  By imprisonment for:

21         1.  Not more than 9 months for a first conviction.

22         2.  Not more than 12 months for a second conviction.

23         3.  Not more than 12 months for a third conviction.

24

25  For the purposes of this subsection, any conviction for a

26  violation of s. 327.35, only the instant offense is required

27  to be a violation of subsection (1) by a person who has a

28  blood-alcohol level or breath-alcohol level of 0.20 or higher.

29         Section 2.  Paragraph (f) of subsection (3) of section

30  921.0022, Florida Statutes, 1998 Supplement, is amended to

31  read:

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8

  9                              (f)  LEVEL 6

10  316.027(1)(b)      2nd      Accident involving death, failure

11                              to stop; leaving scene.

12  316.193(2)(b)      3rd      Felony DUI, 3rd 4th or subsequent

13                              conviction.

14  775.0875(1)        3rd      Taking firearm from law

15                              enforcement officer.

16  775.21(9)          3rd      Sexual predators; failure to

17                              register; failure to renew

18                              driver's license or

19                              identification card.

20  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

21                              without intent to kill.

22  784.021(1)(b)      3rd      Aggravated assault; intent to

23                              commit felony.

24  784.041            3rd      Felony battery.

25  784.048(3)         3rd      Aggravated stalking; credible

26                              threat.

27  784.048(5)         3rd      Aggravated stalking of person

28                              under 16.

29  784.07(2)(c)       2nd      Aggravated assault on law

30                              enforcement officer.

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1  784.08(2)(b)       2nd      Aggravated assault on a person 65

  2                              years of age or older.

  3  784.081(2)         2nd      Aggravated assault on specified

  4                              official or employee.

  5  784.082(2)         2nd      Aggravated assault by detained

  6                              person on visitor or other

  7                              detainee.

  8  784.083(2)         2nd      Aggravated assault on code

  9                              inspector.

10  787.02(2)          3rd      False imprisonment; restraining

11                              with purpose other than those in

12                              s. 787.01.

13  790.115(2)(d)      2nd      Discharging firearm or weapon on

14                              school property.

15  790.161(2)         2nd      Make, possess, or throw

16                              destructive device with intent to

17                              do bodily harm or damage

18                              property.

19  790.164(1)         2nd      False report of deadly explosive

20                              or act of arson or violence to

21                              state property.

22  790.19             2nd      Shooting or throwing deadly

23                              missiles into dwellings, vessels,

24                              or vehicles.

25  794.011(8)(a)      3rd      Solicitation of minor to

26                              participate in sexual activity by

27                              custodial adult.

28  794.05(1)          2nd      Unlawful sexual activity with

29                              specified minor.

30

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1  806.031(2)         2nd      Arson resulting in great bodily

  2                              harm to firefighter or any other

  3                              person.

  4  810.02(3)(c)       2nd      Burglary of occupied structure;

  5                              unarmed; no assault or battery.

  6  812.014(2)(b)      2nd      Property stolen $20,000 or more,

  7                              but less than $100,000, grand

  8                              theft in 2nd degree.

  9  812.13(2)(c)       2nd      Robbery, no firearm or other

10                              weapon (strong-arm robbery).

11  817.034(4)(a)1.    1st      Communications fraud, value

12                              greater than $50,000.

13  817.4821(5)        2nd      Possess cloning paraphernalia

14                              with intent to create cloned

15                              cellular telephones.

16  825.102(1)         3rd      Abuse of an elderly person or

17                              disabled adult.

18  825.102(3)(c)      3rd      Neglect of an elderly person or

19                              disabled adult.

20  825.1025(3)        3rd      Lewd or lascivious molestation of

21                              an elderly person or disabled

22                              adult.

23  825.103(2)(c)      3rd      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at less than $20,000.

26  827.03(1)          3rd      Abuse of a child.

27  827.03(3)(c)       3rd      Neglect of a child.

28  827.071(2)&(3)     2nd      Use or induce a child in a sexual

29                              performance, or promote or direct

30                              such performance.

31  836.05             2nd      Threats; extortion.

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1  836.10             2nd      Written threats to kill or do

  2                              bodily injury.

  3  843.12             3rd      Aids or assists person to escape.

  4  847.0135(3)        3rd      Solicitation of a child, via a

  5                              computer service, to commit an

  6                              unlawful sex act.

  7  914.23             2nd      Retaliation against a witness,

  8                              victim, or informant, with bodily

  9                              injury.

10  943.0435(6)        3rd      Sex offenders; failure to comply

11                              with reporting requirements.

12  944.35(3)(a)2.     3rd      Committing malicious battery upon

13                              or inflicting cruel or inhuman

14                              treatment on an inmate or

15                              offender on community

16                              supervision, resulting in great

17                              bodily harm.

18  944.40             2nd      Escapes.

19  944.46             3rd      Harboring, concealing, aiding

20                              escaped prisoners.

21  944.47(1)(a)5.     2nd      Introduction of contraband

22                              (firearm, weapon, or explosive)

23                              into correctional facility.

24  951.22(1)          3rd      Intoxicating drug, firearm, or

25                              weapon introduced into county

26                              facility.

27         Section 3.  This act shall take effect October 1, 1999.

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    Florida Senate - 1999                                   SB 824
    6-719-99                                                See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides for a third-degree-felony penalty for a third or
      subsequent conviction of driving under the influence.
  4    Current law prescribes a third-degree-felony penalty for
      a fourth or subsequent conviction for driving under the
  5    influence. Conforms other fines and penalty provisions to
      the act. (See bill for details.)
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