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:
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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.
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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
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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.
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Florida Senate - 1999 SB 824
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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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