Senate Bill 0094
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
By Senator Rossin
35-80-99
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; increasing the
4 penalty imposed for a fourth or subsequent
5 conviction of driving under the influence;
6 increasing the penalties imposed for causing
7 damage to property or serious bodily injury
8 while driving under the influence; providing
9 that it is a first-degree felony to cause the
10 death of another while driving under the
11 influence; deleting provisions that impose an
12 enhanced penalty if a person causes the death
13 of another while driving under the influence,
14 knew or should have known that the accident
15 occurred, and failed to give information and
16 render aid; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 316.193, Florida Statutes, is
21 amended to read:
22 316.193 Driving under the influence; penalties.--
23 (1) A person commits is guilty of the offense of
24 driving under the influence and is subject to punishment as
25 provided in subsection (2) if the person is driving or in
26 actual physical control of a vehicle within this state and:
27 (a) The person is under the influence of alcoholic
28 beverages, any chemical substance set forth in s. 877.111, or
29 any substance controlled under chapter 893, when affected to
30 the extent that the person's normal faculties are impaired;
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 (b) The person has a blood-alcohol level of 0.08 or
2 more grams of alcohol per 100 milliliters of blood; or
3 (c) The person has a breath-alcohol level of 0.08 or
4 more grams of alcohol per 210 liters of breath.
5 (2)(a) Except as provided in paragraph (b), subsection
6 (3), or subsection (4), any person who is convicted of a
7 violation of subsection (1) shall be punished:
8 1. By a fine of:
9 a. Not less than $250 or more than $500 for a first
10 conviction.
11 b. Not less than $500 or more than $1,000 for a second
12 conviction.
13 c. Not less than $1,000 or more than $2,500 for a
14 third conviction; and
15 2. By imprisonment for:
16 a. Not more than 6 months for a first conviction.
17 b. Not more than 9 months for a second conviction.
18 c. Not more than 12 months for a third conviction.
19 (b) Any person who is convicted of a fourth or
20 subsequent violation of this section commits is guilty of a
21 felony of the second third degree, punishable as provided in
22 s. 775.082, s. 775.083, or s. 775.084; however, the fine
23 imposed for such fourth or subsequent violation may be not
24 less than $1,000.
25 (3) Any person:
26 (a) Who is in violation of subsection (1);
27 (b) Who operates a vehicle; and
28 (c) Who, by reason of such operation, causes:
29 1. Damage to the property or person of another commits
30 a felony misdemeanor of the third first degree, punishable as
31 provided in s. 775.082, or s. 775.083, or s. 775.084.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 2. Serious bodily injury to another, as defined in s.
2 316.1933, commits a felony of the second third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 3. The death of any human being commits DUI
6 manslaughter, and commits:
7 a. a felony of the first second degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 b. A felony of the first degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084, if:
11 (I) At the time of the accident, the person knew, or
12 should have known, that the accident occurred; and
13 (II) The person failed to give information and render
14 aid as required by s. 316.062.
15 (4) Any person who is convicted of a violation of
16 subsection (1) and who has a blood-alcohol level or
17 breath-alcohol level of 0.20 or higher, or any person who is
18 convicted of a violation of subsection (1) and who at the time
19 of the offense was accompanied in the vehicle by a person
20 under the age of 18 years, shall be punished:
21 (a) By a fine of:
22 1. Not less than $500 or more than $1,000 for a first
23 conviction.
24 2. Not less than $1,000 or more than $2,000 for a
25 second conviction.
26 3. Not less than $2,000 or more than $5,000 for a
27 third conviction.
28 (b) By imprisonment for:
29 1. Not more than 9 months for a first conviction.
30 2. Not more than 12 months for a second conviction.
31 3. Not more than 12 months for a third conviction.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1
2 For the purposes of this subsection, any conviction for a
3 violation of s. 327.35, only the instant offense is required
4 to be a violation of subsection (1) by a person who has a
5 blood-alcohol level or breath-alcohol level of 0.20 or higher.
6 (5) The court shall place any offender convicted of
7 violating this section on monthly reporting probation and
8 shall require attendance at a substance abuse course licensed
9 by the department; and the agency conducting the course may
10 refer the offender to an authorized service provider for
11 substance abuse evaluation and treatment, in addition to any
12 sentence or fine imposed under this section. The offender
13 shall assume reasonable costs for such education, evaluation,
14 and treatment, with completion of all such education,
15 evaluation, and treatment being a condition of reporting
16 probation. Treatment resulting from a psychosocial evaluation
17 may not be waived without a supporting psychosocial evaluation
18 conducted by an agency appointed by the court and with access
19 to the original evaluation. The offender shall bear the cost
20 of this procedure. The term "substance abuse" means the abuse
21 of alcohol or any substance named or described in Schedules I
22 through V of s. 893.03. If an offender referred to treatment
23 under this subsection fails to report for or complete such
24 treatment or fails to complete the substance abuse education
25 course, the DUI program shall notify the court and the
26 department of the failure. Upon receipt of the notice, the
27 department shall cancel the offender's driving privilege. The
28 department shall reinstate the driving privilege when the
29 offender completes the substance abuse education course or
30 enters treatment required under this subsection. The
31 organization that conducts the substance abuse education and
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 evaluation may not provide required substance abuse treatment
2 unless a waiver has been granted to that organization by the
3 department. A waiver may be granted only if the department
4 determines, in accordance with its rules, that the service
5 provider that conducts the substance abuse education and
6 evaluation is the most appropriate service provider and is
7 licensed under chapter 397 or is exempt from such licensure.
8 All DUI treatment programs providing treatment services on
9 January 1, 1994, shall be allowed to continue to provide such
10 services until the department determines whether a waiver
11 should be granted. A statistical referral report shall be
12 submitted quarterly to the department by each organization
13 authorized to provide services under this section.
14 (6) With respect to any person convicted of a
15 violation of subsection (1), regardless of any penalty imposed
16 pursuant to subsection (2), subsection (3), or subsection (4):
17 (a) For the first conviction, the court shall place
18 the defendant on probation for a period not to exceed 1 year
19 and, as a condition of such probation, shall order the
20 defendant to participate in public service or a community work
21 project for a minimum of 50 hours; or the court may order
22 instead, that any defendant pay an additional fine of $10 for
23 each hour of public service or community work otherwise
24 required, if, after consideration of the residence or location
25 of the defendant at the time public service or community work
26 is required, payment of the fine is in the best interests of
27 the state. However, the total period of probation and
28 incarceration may not exceed 1 year. The court must also, as a
29 condition of probation, order the impoundment or
30 immobilization of the vehicle that was operated by or in the
31 actual control of the defendant or any one vehicle registered
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 in the defendant's name at the time of impoundment or
2 immobilization, for a period of 10 days or for the unexpired
3 term of any lease or rental agreement that expires within 10
4 days. The impoundment or immobilization must not occur
5 concurrently with the incarceration of the defendant. The
6 impoundment or immobilization order may be dismissed in
7 accordance with paragraph (e), paragraph (f), or paragraph
8 (g).
9 (b) For the second conviction for an offense that
10 occurs within a period of 5 years after the date of a prior
11 conviction for violation of this section, the court shall
12 order imprisonment for not less than 10 days. The court must
13 also, as a condition of probation, order the impoundment or
14 immobilization of the vehicle that was operated by or in the
15 actual control of the defendant or any one vehicle registered
16 in the defendant's name at the time of impoundment or
17 immobilization, for a period of 30 days or for the unexpired
18 term of any lease or rental agreement that expires within 30
19 days. The impoundment or immobilization must not occur
20 concurrently with the incarceration of the defendant. The
21 impoundment or immobilization order may be dismissed in
22 accordance with paragraph (e), paragraph (f), or paragraph
23 (g). At least 48 hours of confinement must be consecutive.
24 (c) For the third or subsequent conviction for an
25 offense that occurs within a period of 10 years after the date
26 of a prior conviction for violation of this section, the court
27 shall order imprisonment for not less than 30 days. The court
28 must also, as a condition of probation, order the impoundment
29 or immobilization of the vehicle that was operated by or in
30 the actual control of the defendant or any one vehicle
31 registered in the defendant's name at the time of impoundment
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 or immobilization, for a period of 90 days or for the
2 unexpired term of any lease or rental agreement that expires
3 within 90 days. The impoundment or immobilization must not
4 occur concurrently with the incarceration of the defendant.
5 The impoundment or immobilization order may be dismissed in
6 accordance with paragraph (e), paragraph (f), or paragraph
7 (g). At least 48 hours of confinement must be consecutive.
8 (d) The court must at the time of sentencing the
9 defendant issue an order for the impoundment or immobilization
10 of a vehicle. Within 7 business days after the date that the
11 court issues the order of impoundment or immobilization, and
12 once again 30 business days before the actual impoundment or
13 immobilization of the vehicle, the clerk of the court must
14 send notice by certified mail, return receipt requested, to
15 the registered owner of each vehicle, if the registered owner
16 is a person other than the defendant, and to each person of
17 record claiming a lien against the vehicle.
18 (e) A person who owns but was not operating the
19 vehicle when the offense occurred may submit to the court a
20 police report indicating that the vehicle was stolen at the
21 time of the offense or documentation of having purchased the
22 vehicle after the offense was committed from an entity other
23 than the defendant or the defendant's agent. If the court
24 finds that the vehicle was stolen or that the sale was not
25 made to circumvent the order and allow the defendant continued
26 access to the vehicle, the order must be dismissed and the
27 owner of the vehicle will incur no costs. If the court denies
28 the request to dismiss the order of impoundment or
29 immobilization, the petitioner may request an evidentiary
30 hearing.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 (f) A person who owns but was not operating the
2 vehicle when the offense occurred, and whose vehicle was
3 stolen or who purchased the vehicle after the offense was
4 committed directly from the defendant or the defendant's
5 agent, may request an evidentiary hearing to determine whether
6 the impoundment or immobilization should occur. If the court
7 finds that either the vehicle was stolen or the purchase was
8 made without knowledge of the offense, that the purchaser had
9 no relationship to the defendant other than through the
10 transaction, and that such purchase would not circumvent the
11 order and allow the defendant continued access to the vehicle,
12 the order must be dismissed and the owner of the vehicle will
13 incur no costs.
14 (g) The court shall also dismiss the order of
15 impoundment or immobilization of the vehicle if the court
16 finds that the family of the owner of the vehicle has no other
17 private means of transportation.
18 (h) All costs and fees for the impoundment or
19 immobilization, including the cost of notification, must be
20 paid by the owner of the vehicle or, if the vehicle is leased
21 or rented, by the person leasing or renting the vehicle,
22 unless the impoundment or immobilization order is dismissed.
23 All provisions of s. 713.78 shall apply.
24 (i) The person who owns a vehicle that is impounded or
25 immobilized under this paragraph, or a person who has a lien
26 of record against such a vehicle and who has not requested a
27 review of the impoundment pursuant to paragraph (e), paragraph
28 (f), or paragraph (g), may, within 10 days after the date that
29 person has knowledge of the location of the vehicle, file a
30 complaint in the county in which the owner resides to
31 determine whether the vehicle was wrongfully taken or withheld
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 from the owner or lienholder. Upon the filing of a complaint,
2 the owner or lienholder may have the vehicle released by
3 posting with the court a bond or other adequate security equal
4 to the amount of the costs and fees for impoundment or
5 immobilization, including towing or storage, to ensure the
6 payment of such costs and fees if the owner or lienholder does
7 not prevail. When the bond is posted and the fee is paid as
8 set forth in s. 28.24, the clerk of the court shall issue a
9 certificate releasing the vehicle. At the time of release,
10 after reasonable inspection, the owner or lienholder must give
11 a receipt to the towing or storage company indicating any loss
12 or damage to the vehicle or to the contents of the vehicle.
13 (j) A defendant, in the court's discretion, may be
14 required to serve all or any portion of a term of imprisonment
15 to which the defendant has been sentenced pursuant to this
16 section in a residential alcoholism treatment program or a
17 residential drug abuse treatment program. Any time spent in
18 such a program must be credited by the court toward the term
19 of imprisonment.
20
21 For the purposes of this section, any conviction for a
22 violation of s. 327.35; a previous conviction for the
23 violation of former s. 316.1931, former s. 860.01, or former
24 s. 316.028; or a previous conviction outside this state for
25 driving under the influence, driving while intoxicated,
26 driving with an unlawful blood-alcohol level, driving with an
27 unlawful breath-alcohol level, or any other similar
28 alcohol-related or drug-related traffic offense, is also
29 considered a previous conviction for violation of this
30 section. However, in satisfaction of the fine imposed pursuant
31 to this section, the court may, upon a finding that the
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 defendant is financially unable to pay either all or part of
2 the fine, order that the defendant participate for a specified
3 additional period of time in public service or a community
4 work project in lieu of payment of that portion of the fine
5 which the court determines the defendant is unable to pay. In
6 determining such additional sentence, the court shall consider
7 the amount of the unpaid portion of the fine and the
8 reasonable value of the services to be ordered; however, the
9 court may not compute the reasonable value of services at a
10 rate less than the federal minimum wage at the time of
11 sentencing.
12 (7) A conviction under this section does not bar any
13 civil suit for damages against the person so convicted.
14 (8) At the arraignment, or in conjunction with any
15 notice of arraignment provided by the clerk of the court, the
16 clerk shall provide any person charged with a violation of
17 this section with notice that upon conviction the court shall
18 suspend or revoke the offender's driver's license and that the
19 offender should make arrangements for transportation at any
20 proceeding in which the court may take such action. Failure
21 to provide such notice does not affect the court's suspension
22 or revocation of the offender's driver's license.
23 (9) A person who is arrested for a violation of this
24 section may not be released from custody:
25 (a) Until the person is no longer under the influence
26 of alcoholic beverages, any chemical substance set forth in s.
27 877.111, or any substance controlled under chapter 893 and
28 affected to the extent that his or her normal faculties are
29 impaired;
30 (b) Until the person's blood-alcohol level or
31 breath-alcohol level is less than 0.05; or
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 94
35-80-99
1 (c) Until 8 hours have elapsed from the time the
2 person was arrested.
3 (10) The rulings of the Department of Highway Safety
4 and Motor Vehicles under s. 322.2615 shall not be considered
5 in any trial for a violation of this section. Testimony or
6 evidence from the administrative proceedings or any written
7 statement submitted by a person in his or her request for
8 administrative review is inadmissible into evidence or for any
9 other purpose in any criminal proceeding, unless timely
10 disclosed in criminal discovery pursuant to Rule 3.220,
11 Florida Rules of Criminal Procedure.
12 Section 2. This act shall take effect October 1, 1999.
13
14 *****************************************
15 SENATE SUMMARY
16 Increases various penalties imposed for the offense of
driving under the influence. Provides that a fourth or
17 subsequent conviction for driving under the influence is
a second-degree felony rather than a third-degree felony.
18 Provides that damaging the property or person of another
while driving under the influence is a third-degree
19 felony rather than a first-degree misdemeanor. Provides
that causing serious bodily injury while driving under
20 the influence is a second-degree felony rather than a
third-degree felony. Provides that causing the death of
21 another while driving under the influence is a
first-degree felony regardless of whether the person knew
22 or should have known that the accident occurred and
failed to give information and render aid.
23
24
25
26
27
28
29
30
31
11