Senate Bill 0094c1

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    Florida Senate - 1999                             CS for SB 94

    By the Committee on Criminal Justice and Senator Rossin





    307-768A-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 driving

  7         under the influence and causing damage to

  8         property valued over a specified amount;

  9         increasing the penalties imposed for causing

10         serious bodily injury while driving under the

11         influence; providing that it is a first-degree

12         felony to cause the death of another while

13         driving under the influence; deleting

14         provisions that impose an enhanced penalty if a

15         person has caused the death of another while

16         driving under the influence, knew or should

17         have known that the accident occurred, and

18         failed to give information and render aid;

19         amending s. 921.0022, F.S.; conforming the

20         offense severity ranking chart to include the

21         changes made by this act in felony degree for

22         certain offenses relating to driving under the

23         influence; deleting the ranking of driving

24         under the influence manslaughter with a failure

25         to render aid or give information to conform

26         with changes made by this act; providing an

27         effective date.

28

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

30

31

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  1         Section 1.  Section 316.193, Florida Statutes, is

  2  amended to read:

  3         316.193  Driving under the influence; penalties.--

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

  5  driving under the influence and is subject to punishment as

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

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

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

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

10  any substance controlled under chapter 893, when affected to

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

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

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

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

15  more grams of alcohol per 210 liters of breath.

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.

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 fourth or

31  subsequent violation of this section commits is guilty of a

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  1  felony of the second third degree, punishable as provided in

  2  s. 775.082, s. 775.083, or s. 775.084; however, the fine

  3  imposed for such fourth or subsequent violation may be not

  4  less than $1,000.

  5         (3)  Any person:

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

  7         (b)  Who operates a vehicle; and

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

  9         1.  Damage to the property or person of another valued

10  at $10,000 or less commits a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083.

12         2.  Damage to the property of another valued in excess

13  of $10,000 commits a felony of the third degree, punishable as

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

15         3.2.  Serious bodily injury to another, as defined in

16  s. 316.1933, commits a felony of the second third degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19         4.3.  The death of any human being commits DUI

20  manslaughter, and commits:

21         a.  a felony of the first second degree, punishable as

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

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

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

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

26  should have known, that the accident occurred; and

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

28  aid as required by s. 316.062.

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

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

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

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

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

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

  4         (a)  By a fine of:

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

  6  conviction.

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

  8  second conviction.

  9         3.  Not less than $2,000 or more than $5,000 for a

10  third conviction.

11         (b)  By imprisonment for:

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

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

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

15

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

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

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

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

20         (5)  The court shall place any offender convicted of

21  violating this section on monthly reporting probation and

22  shall require attendance at a substance abuse course licensed

23  by the department; and the agency conducting the course may

24  refer the offender to an authorized service provider for

25  substance abuse evaluation and treatment, in addition to any

26  sentence or fine imposed under this section.  The offender

27  shall assume reasonable costs for such education, evaluation,

28  and treatment, with completion of all such education,

29  evaluation, and treatment being a condition of reporting

30  probation. Treatment resulting from a psychosocial evaluation

31  may not be waived without a supporting psychosocial evaluation

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  1  conducted by an agency appointed by the court and with access

  2  to the original evaluation.  The offender shall bear the cost

  3  of this procedure.  The term "substance abuse" means the abuse

  4  of alcohol or any substance named or described in Schedules I

  5  through V of s. 893.03.  If an offender referred to treatment

  6  under this subsection fails to report for or complete such

  7  treatment or fails to complete the substance abuse education

  8  course, the DUI program shall notify the court and the

  9  department of the failure.  Upon receipt of the notice, the

10  department shall cancel the offender's driving privilege.  The

11  department shall reinstate the driving privilege when the

12  offender completes the substance abuse education course or

13  enters treatment required under this subsection.  The

14  organization that conducts the substance abuse education and

15  evaluation may not provide required substance abuse treatment

16  unless a waiver has been granted to that organization by the

17  department.  A waiver may be granted only if the department

18  determines, in accordance with its rules, that the service

19  provider that conducts the substance abuse education and

20  evaluation is the most appropriate service provider and is

21  licensed under chapter 397 or is exempt from such licensure.

22  All DUI treatment programs providing treatment services on

23  January 1, 1994, shall be allowed to continue to provide such

24  services until the department determines whether a waiver

25  should be granted. A statistical referral report shall be

26  submitted quarterly to the department by each organization

27  authorized to provide services under this section.

28         (6)  With respect to any person convicted of a

29  violation of subsection (1), regardless of any penalty imposed

30  pursuant to subsection (2), subsection (3), or subsection (4):

31

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  1         (a)  For the first conviction, the court shall place

  2  the defendant on probation for a period not to exceed 1 year

  3  and, as a condition of such probation, shall order the

  4  defendant to participate in public service or a community work

  5  project for a minimum of 50 hours; or the court may order

  6  instead, that any defendant pay an additional fine of $10 for

  7  each hour of public service or community work otherwise

  8  required, if, after consideration of the residence or location

  9  of the defendant at the time public service or community work

10  is required, payment of the fine is in the best interests of

11  the state. However, the total period of probation and

12  incarceration may not exceed 1 year. The court must also, as a

13  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 10 days or for the unexpired

18  term of any lease or rental agreement that expires within 10

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).

24         (b)  For the second conviction for an offense that

25  occurs within a period of 5 years after the date of a prior

26  conviction for violation of this section, the court shall

27  order imprisonment for not less than 10 days. The court must

28  also, as a condition of probation, order the impoundment or

29  immobilization of the vehicle that was operated by or in the

30  actual control of the defendant or any one vehicle registered

31  in the defendant's name at the time of impoundment or

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  1  immobilization, for a period of 30 days or for the unexpired

  2  term of any lease or rental agreement that expires within 30

  3  days. The impoundment or immobilization must not occur

  4  concurrently with the incarceration of the defendant.  The

  5  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         (c)  For the third or subsequent conviction for an

  9  offense that occurs within a period of 10 years after the date

10  of a prior conviction for violation of this section, the court

11  shall order imprisonment for not less than 30 days. The court

12  must also, as a condition of probation, order the impoundment

13  or immobilization of the vehicle that was operated by or in

14  the actual control of the defendant or any one vehicle

15  registered in the defendant's name at the time of impoundment

16  or immobilization, for a period of 90 days or for the

17  unexpired term of any lease or rental agreement that expires

18  within 90 days. The impoundment or immobilization must not

19  occur concurrently with the incarceration of the defendant.

20  The impoundment or immobilization order may be dismissed in

21  accordance with paragraph (e), paragraph (f), or paragraph

22  (g). At least 48 hours of confinement must be consecutive.

23         (d)  The court must at the time of sentencing the

24  defendant issue an order for the impoundment or immobilization

25  of a vehicle. Within 7 business days after the date that the

26  court issues the order of impoundment or immobilization, and

27  once again 30 business days before the actual impoundment or

28  immobilization of the vehicle, the clerk of the court must

29  send notice by certified mail, return receipt requested, to

30  the registered owner of each vehicle, if the registered owner

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  1  is a person other than the defendant, and to each person of

  2  record claiming a lien against the vehicle.

  3         (e)  A person who owns but was not operating the

  4  vehicle when the offense occurred may submit to the court a

  5  police report indicating that the vehicle was stolen at the

  6  time of the offense or documentation of having purchased the

  7  vehicle after the offense was committed from an entity other

  8  than the defendant or the defendant's agent. If the court

  9  finds that the vehicle was stolen or that the sale was not

10  made to circumvent the order and allow the defendant continued

11  access to the vehicle, the order must be dismissed and the

12  owner of the vehicle will incur no costs. If the court denies

13  the request to dismiss the order of impoundment or

14  immobilization, the petitioner may request an evidentiary

15  hearing.

16         (f)  A person who owns but was not operating the

17  vehicle when the offense occurred, and whose vehicle was

18  stolen or who purchased the vehicle after the offense was

19  committed directly from the defendant or the defendant's

20  agent, may request an evidentiary hearing to determine whether

21  the impoundment or immobilization should occur. If the court

22  finds that either the vehicle was stolen or the purchase was

23  made without knowledge of the offense, that the purchaser had

24  no relationship to the defendant other than through the

25  transaction, and that such purchase would not circumvent the

26  order and allow the defendant continued access to the vehicle,

27  the order must be dismissed and the owner of the vehicle will

28  incur no costs.

29         (g)  The court shall also dismiss the order of

30  impoundment or immobilization of the vehicle if the court

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  1  finds that the family of the owner of the vehicle has no other

  2  private means of transportation.

  3         (h)  All costs and fees for the impoundment or

  4  immobilization, including the cost of notification, must be

  5  paid by the owner of the vehicle or, if the vehicle is leased

  6  or rented, by the person leasing or renting the vehicle,

  7  unless the impoundment or immobilization order is dismissed.

  8  All provisions of s. 713.78 shall apply.

  9         (i)  The person who owns a vehicle that is impounded or

10  immobilized under this paragraph, or a person who has a lien

11  of record against such a vehicle and who has not requested a

12  review of the impoundment pursuant to paragraph (e), paragraph

13  (f), or paragraph (g), may, within 10 days after the date that

14  person has knowledge of the location of the vehicle, file a

15  complaint in the county in which the owner resides to

16  determine whether the vehicle was wrongfully taken or withheld

17  from the owner or lienholder. Upon the filing of a complaint,

18  the owner or lienholder may have the vehicle released by

19  posting with the court a bond or other adequate security equal

20  to the amount of the costs and fees for impoundment or

21  immobilization, including towing or storage, to ensure the

22  payment of such costs and fees if the owner or lienholder does

23  not prevail. When the bond is posted and the fee is paid as

24  set forth in s. 28.24, the clerk of the court shall issue a

25  certificate releasing the vehicle. At the time of release,

26  after reasonable inspection, the owner or lienholder must give

27  a receipt to the towing or storage company indicating any loss

28  or damage to the vehicle or to the contents of the vehicle.

29         (j)  A defendant, in the court's discretion, may be

30  required to serve all or any portion of a term of imprisonment

31  to which the defendant has been sentenced pursuant to this

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  1  section in a residential alcoholism treatment program or a

  2  residential drug abuse treatment program. Any time spent in

  3  such a program must be credited by the court toward the term

  4  of imprisonment.

  5

  6  For the purposes of this section, any conviction for a

  7  violation of s. 327.35; a previous conviction for the

  8  violation of former s. 316.1931, former s. 860.01, or former

  9  s. 316.028; or a previous conviction outside this state for

10  driving under the influence, driving while intoxicated,

11  driving with an unlawful blood-alcohol level, driving with an

12  unlawful breath-alcohol level, or any other similar

13  alcohol-related or drug-related traffic offense, is also

14  considered a previous conviction for violation of this

15  section. However, in satisfaction of the fine imposed pursuant

16  to this section, the court may, upon a finding that the

17  defendant is financially unable to pay either all or part of

18  the fine, order that the defendant participate for a specified

19  additional period of time in public service or a community

20  work project in lieu of payment of that portion of the fine

21  which the court determines the defendant is unable to pay. In

22  determining such additional sentence, the court shall consider

23  the amount of the unpaid portion of the fine and the

24  reasonable value of the services to be ordered; however, the

25  court may not compute the reasonable value of services at a

26  rate less than the federal minimum wage at the time of

27  sentencing.

28         (7)  A conviction under this section does not bar any

29  civil suit for damages against the person so convicted.

30         (8)  At the arraignment, or in conjunction with any

31  notice of arraignment provided by the clerk of the court, the

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  1  clerk shall provide any person charged with a violation of

  2  this section with notice that upon conviction the court shall

  3  suspend or revoke the offender's driver's license and that the

  4  offender should make arrangements for transportation at any

  5  proceeding in which the court may take such action.  Failure

  6  to provide such notice does not affect the court's suspension

  7  or revocation of the offender's driver's license.

  8         (9)  A person who is arrested for a violation of this

  9  section may not be released from custody:

10         (a)  Until the person is no longer under the influence

11  of alcoholic beverages, any chemical substance set forth in s.

12  877.111, or any substance controlled under chapter 893 and

13  affected to the extent that his or her normal faculties are

14  impaired;

15         (b)  Until the person's blood-alcohol level or

16  breath-alcohol level is less than 0.05; or

17         (c)  Until 8 hours have elapsed from the time the

18  person was arrested.

19         (10)  The rulings of the Department of Highway Safety

20  and Motor Vehicles under s. 322.2615 shall not be considered

21  in any trial for a violation of this section. Testimony or

22  evidence from the administrative proceedings or any written

23  statement submitted by a person in his or her request for

24  administrative review is inadmissible into evidence or for any

25  other purpose in any criminal proceeding, unless timely

26  disclosed in criminal discovery pursuant to Rule 3.220,

27  Florida Rules of Criminal Procedure.

28         Section 2.  Paragraphs (f), (g), (h), and (i) of

29  subsection (3) of section 921.0022, Florida Statutes, 1998

30  Supplement, are amended to read:

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  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)      2nd3rd   Felony DUI, 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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  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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  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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  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                              (g)  LEVEL 7

28  316.193(3)(c)3.

29   316.193(3)(c)2.   2nd3rd   DUI resulting in serious bodily

30                              injury.

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  1  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  2                              bodily injury.

  3  409.920(2)         3rd      Medicaid provider fraud.

  4  494.0018(2)        1st      Conviction of any violation of

  5                              ss. 494.001-494.0077 in which the

  6                              total money and property

  7                              unlawfully obtained exceeded

  8                              $50,000 and there were five or

  9                              more victims.

10  782.051(3)         2nd      Attempted felony murder of a

11                              person by a person other than the

12                              perpetrator or the perpetrator of

13                              an attempted felony.

14  782.07(1)          2nd      Killing of a human being by the

15                              act, procurement, or culpable

16                              negligence of another

17                              (manslaughter).

18  782.071            3rd      Killing of human being or viable

19                              fetus by the operation of a motor

20                              vehicle in a reckless manner

21                              (vehicular homicide).

22  782.072            3rd      Killing of a human being by the

23                              operation of a vessel in a

24                              reckless manner (vessel

25                              homicide).

26  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

27                              causing great bodily harm or

28                              disfigurement.

29  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

30                              weapon.

31

                                  16

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  1  784.045(1)(b)      2nd      Aggravated battery; perpetrator

  2                              aware victim pregnant.

  3  784.048(4)         3rd      Aggravated stalking; violation of

  4                              injunction or court order.

  5  784.07(2)(d)       1st      Aggravated battery on law

  6                              enforcement officer.

  7  784.08(2)(a)       1st      Aggravated battery on a person 65

  8                              years of age or older.

  9  784.081(1)         1st      Aggravated battery on specified

10                              official or employee.

11  784.082(1)         1st      Aggravated battery by detained

12                              person on visitor or other

13                              detainee.

14  784.083(1)         1st      Aggravated battery on code

15                              inspector.

16  790.07(4)          1st      Specified weapons violation

17                              subsequent to previous conviction

18                              of s. 790.07(1) or (2).

19  790.16(1)          1st      Discharge of a machine gun under

20                              specified circumstances.

21  796.03             2nd      Procuring any person under 16

22                              years for prostitution.

23  800.04             2nd      Handle, fondle, or assault child

24                              under 16 years in lewd,

25                              lascivious, or indecent manner.

26  806.01(2)          2nd      Maliciously damage structure by

27                              fire or explosive.

28  810.02(3)(a)       2nd      Burglary of occupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

31                              unarmed; no assault or battery.

                                  17

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    Florida Senate - 1999                             CS for SB 94
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  1  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  2                              unarmed; no assault or battery.

  3  812.014(2)(a)      1st      Property stolen, valued at

  4                              $100,000 or more; property stolen

  5                              while causing other property

  6                              damage; 1st degree grand theft.

  7  812.019(2)         1st      Stolen property; initiates,

  8                              organizes, plans, etc., the theft

  9                              of property and traffics in

10                              stolen property.

11  812.133(2)(b)      1st      Carjacking; no firearm, deadly

12                              weapon, or other weapon.

13  825.102(3)(b)      2nd      Neglecting an elderly person or

14                              disabled adult causing great

15                              bodily harm, disability, or

16                              disfigurement.

17  825.1025(2)        2nd      Lewd or lascivious battery upon

18                              an elderly person or disabled

19                              adult.

20  825.103(2)(b)      2nd      Exploiting an elderly person or

21                              disabled adult and property is

22                              valued at $20,000 or more, but

23                              less than $100,000.

24  827.03(3)(b)       2nd      Neglect of a child causing great

25                              bodily harm, disability, or

26                              disfigurement.

27  827.04(4)          3rd      Impregnation of a child under 16

28                              years of age by person 21 years

29                              of age or older.

30

31

                                  18

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    Florida Senate - 1999                             CS for SB 94
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  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  872.06             2nd      Abuse of a dead human body.

  5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  6                              cocaine (or other drug prohibited

  7                              under s. 893.03(1)(a), (1)(b),

  8                              (1)(d), (2)(a), or (2)(b)) within

  9                              1,000 feet of a child care

10                              facility or school.

11  893.13(1)(e)       1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

14                              (1)(d), (2)(a), or (2)(b), within

15                              1,000 feet of property used for

16                              religious services or a specified

17                              business site.

18  893.13(4)(a)       1st      Deliver to minor cocaine (or

19                              other s. 893.03(1)(a), (1)(b),

20                              (1)(d), (2)(a), or (2)(b) drugs).

21  893.135(1)(a)1.    1st      Trafficking in cannabis, more

22                              than 50 lbs., less than 2,000

23                              lbs.

24  893.135

25   (1)(b)1.a.        1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135

28   (1)(c)1.a.        1st      Trafficking in illegal drugs,

29                              more than 4 grams, less than 14

30                              grams.

31

                                  19

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    Florida Senate - 1999                             CS for SB 94
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  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15                              (h)  LEVEL 8

16  316.193

17   (3)(c)4.

18  316.193

19   (3)(c)3.a.        1st2nd   DUI manslaughter.

20  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

21  777.03(2)(a)       1st      Accessory after the fact, capital

22                              felony.

23  782.04(4)          2nd      Killing of human without design

24                              when engaged in act or attempt of

25                              any felony other than arson,

26                              sexual battery, robbery,

27                              burglary, kidnapping, aircraft

28                              piracy, or unlawfully discharging

29                              bomb.

30

31

                                  20

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    Florida Senate - 1999                             CS for SB 94
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  1  782.051(2)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony not

  4                              enumerated in s. 782.04(3).

  5  782.071(2)         2nd      Committing vehicular homicide and

  6                              failing to render aid or give

  7                              information.

  8  782.072(2)         2nd      Committing vessel homicide and

  9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

14  794.011(5)         2nd      Sexual battery, victim 12 years

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  806.01(1)          1st      Maliciously damage dwelling or

19                              structure by fire or explosive,

20                              believing person in structure.

21  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

22  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

23                              or dangerous weapon.

24  810.02(2)(c)       1st      Burglary of a dwelling or

25                              structure causing structural

26                              damage or $1,000 or more property

27                              damage.

28  812.13(2)(b)       1st      Robbery with a weapon.

29  812.135(2)         1st      Home-invasion robbery.

30  825.102(2)         2nd      Aggravated abuse of an elderly

31                              person or disabled adult.

                                  21

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    Florida Senate - 1999                             CS for SB 94
    307-768A-99




  1  825.103(2)(a)      1st      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $100,000 or more.

  4  827.03(2)          2nd      Aggravated child abuse.

  5  837.02(2)          2nd      Perjury in official proceedings

  6                              relating to prosecution of a

  7                              capital felony.

  8  837.021(2)         2nd      Making contradictory statements

  9                              in official proceedings relating

10                              to prosecution of a capital

11                              felony.

12  860.121(2)(c)      1st      Shooting at or throwing any

13                              object in path of railroad

14                              vehicle resulting in great bodily

15                              harm.

16  860.16             1st      Aircraft piracy.

17  893.13(1)(b)       1st      Sell or deliver in excess of 10

18                              grams of any substance specified

19                              in s. 893.03(1)(a) or (b).

20  893.13(2)(b)       1st      Purchase in excess of 10 grams of

21                              any substance specified in s.

22                              893.03(1)(a) or (b).

23  893.13(6)(c)       1st      Possess in excess of 10 grams of

24                              any substance specified in s.

25                              893.03(1)(a) or (b).

26  893.135(1)(a)2.    1st      Trafficking in cannabis, more

27                              than 2,000 lbs., less than 10,000

28                              lbs.

29  893.135

30   (1)(b)1.b.        1st      Trafficking in cocaine, more than

31                              200 grams, less than 400 grams.

                                  22

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    Florida Senate - 1999                             CS for SB 94
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  1  893.135

  2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

  3                              more than 14 grams, less than 28

  4                              grams.

  5  893.135

  6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  7                              more than 200 grams, less than

  8                              400 grams.

  9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  895.03(1)          1st      Use or invest proceeds derived

22                              from pattern of racketeering

23                              activity.

24  895.03(2)          1st      Acquire or maintain through

25                              racketeering activity any

26                              interest in or control of any

27                              enterprise or real property.

28  895.03(3)          1st      Conduct or participate in any

29                              enterprise through pattern of

30                              racketeering activity.

31                              (i)  LEVEL 9

                                  23

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    Florida Senate - 1999                             CS for SB 94
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  1  316.193

  2   (3)(c)3.b.        1st      DUI manslaughter; failing to

  3                              render aid or give information.

  4  782.04(1)          1st      Attempt, conspire, or solicit to

  5                              commit premeditated murder.

  6  782.04(3)          1st,PBL   Accomplice to murder in

  7                              connection with arson, sexual

  8                              battery, robbery, burglary, and

  9                              other specified felonies.

10  782.051(1)         1st      Attempted felony murder while

11                              perpetrating or attempting to

12                              perpetrate a felony enumerated in

13                              s. 782.04(3).

14  782.07(2)          1st      Aggravated manslaughter of an

15                              elderly person or disabled adult.

16  782.07(3)          1st      Aggravated manslaughter of a

17                              child.

18  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

19                              reward or as a shield or hostage.

20  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

21                              or facilitate commission of any

22                              felony.

23  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

24                              interfere with performance of any

25                              governmental or political

26                              function.

27  787.02(3)(a)       1st      False imprisonment; child under

28                              age 13; perpetrator also commits

29                              child abuse, sexual battery,

30                              lewd, or lascivious act, etc.

31

                                  24

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    Florida Senate - 1999                             CS for SB 94
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  1  790.161            1st      Attempted capital destructive

  2                              device offense.

  3  794.011(2)         1st      Attempted sexual battery; victim

  4                              less than 12 years of age.

  5  794.011(2)         Life     Sexual battery; offender younger

  6                              than 18 years and commits sexual

  7                              battery on a person less than 12

  8                              years.

  9  794.011(4)         1st      Sexual battery; victim 12 years

10                              or older, certain circumstances.

11  794.011(8)(b)      1st      Sexual battery; engage in sexual

12                              conduct with minor 12 to 18 years

13                              by person in familial or

14                              custodial authority.

15  812.13(2)(a)       1st,PBL  Robbery with firearm or other

16                              deadly weapon.

17  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

18                              deadly weapon.

19  847.0145(1)        1st      Selling, or otherwise

20                              transferring custody or control,

21                              of a minor.

22  847.0145(2)        1st      Purchasing, or otherwise

23                              obtaining custody or control, of

24                              a minor.

25  859.01             1st      Poisoning food, drink, medicine,

26                              or water with intent to kill or

27                              injure another person.

28  893.135            1st      Attempted capital trafficking

29                              offense.

30  893.135(1)(a)3.    1st      Trafficking in cannabis, more

31                              than 10,000 lbs.

                                  25

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    Florida Senate - 1999                             CS for SB 94
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  1  893.135

  2   (1)(b)1.c.        1st      Trafficking in cocaine, more than

  3                              400 grams, less than 150

  4                              kilograms.

  5  893.135

  6   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  7                              more than 28 grams, less than 30

  8                              kilograms.

  9  893.135

10   (1)(d)1.c.        1st      Trafficking in phencyclidine,

11                              more than 400 grams.

12  893.135

13   (1)(e)1.c.        1st      Trafficking in methaqualone, more

14                              than 25 kilograms.

15  893.135

16   (1)(f)1.c.        1st      Trafficking in amphetamine, more

17                              than 200 grams.

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

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                          Senate Bill 94

22

23  Bifurcates DUI with property damage so that if the damage
    value exceeds $10,000, the offense increases to a third degree
24  felony; whereas, any damage valued at $10,000 or less remains
    a first-degree misdemeanor.
25
    Makes conforming changes in the offense severity ranking chart
26  of the Criminal Punishment Code.

27

28

29

30

31

                                  26