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





                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Byrd offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 15,

15

16  insert:

17         Section 1.  Subsections (2), (3), (4), and (9) of

18  section 316.193, Florida Statutes, are amended to read:

19         316.193  Driving under the influence; penalties.--

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

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

22  violation of subsection (1) shall be punished:

23         1.  By a fine of:

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

25  conviction.

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

27  conviction.

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

29  third conviction; and

30         2.  By imprisonment for:

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

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





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

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

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

 4  subsequent violation of this section is guilty of a felony of

 5  the third degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084; however, the fine imposed for such

 7  third fourth or subsequent violation may be not less than

 8  $1,000.

 9         (3)  Any person:

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

11         (b)  Who operates a vehicle; and

12         (c)  Who, by reason of such operation, causes or

13  contributes to the cause of:

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

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

16  s. 775.082 or s. 775.083.

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

18  316.1933, commits a felony of the third degree, punishable as

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

20         3.  The death of any human being commits DUI

21  manslaughter, and commits:

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

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

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

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

26         (I)  At the time of the crash, the person knew, or

27  should have known, that the crash occurred; and

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

29  aid as required by s. 316.062.

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

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

                                  2

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





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

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

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

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

 5         (a)  By a fine of:

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

 7  conviction.

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

 9  second conviction.

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

11  third or subsequent conviction.

12         (b)  By imprisonment for:

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

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

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

16

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

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

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

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

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

22  this section may not be released from custody:

23         1.(a)  Until the person is no longer under the

24  influence of alcoholic beverages, any chemical substance set

25  forth in s. 877.111, or any substance controlled under chapter

26  893 and affected to the extent that his or her normal

27  faculties are impaired;

28         2.(b)  Until the person's blood-alcohol level or

29  breath-alcohol level is less than 0.05; or

30         3.(c)  Until 8 hours have elapsed from the time the

31  person was arrested.

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1         (b)  The arresting officer may place the person in

 2  protective custody pursuant to s. 397.6772 if:

 3         1.  The person has previously been convicted of a

 4  violation of this section or s. 327.35;

 5         2.  The person's blood-alcohol level or breath-alcohol

 6  level, as determined by a test conducted incident to the

 7  person's arrest, was 0.20 or greater;

 8         3.  The person, by reason of operation of a motor

 9  vehicle, has caused death or serious bodily injury as defined

10  in s. 316.1933; or

11         4.  The person is on pretrial release for a previous

12  offense under this section or s. 327.35.

13

14  The election to place a person in protective custody may be

15  done at the time of arrest but transfer of the person to a

16  facility shall not occur prior to the conclusion of the time

17  period set forth in paragraph (a) or the time that the person

18  is released on bail, whichever is later.  The provisions of

19  this paragraph are in addition to, not in lieu of, the

20  provisions of subsection (5).  A court shall order any person

21  placed in protective custody pursuant to this paragraph who is

22  subsequently convicted of a violation of this section to pay

23  the reasonable costs of evaluation and treatment.

24         Section 2.  Section 316.1932, Florida Statutes, is

25  amended to read:

26         316.1932  Breath, blood, and urine tests for alcohol,

27  chemical substances, or controlled substances; implied

28  consent; refusal right to refuse.--

29         (1)(a)  Any person who accepts the privilege extended

30  by the laws of this state of operating a motor vehicle within

31  this state is, by so operating such vehicle, deemed to have

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  given his or her consent to submit to an approved chemical

 2  test or physical test including, but not limited to, an

 3  infrared light test of his or her breath for the purpose of

 4  determining the alcoholic content of his or her blood or

 5  breath, and to a urine test for the purpose of detecting the

 6  presence of chemical substances as set forth in s. 877.111 or

 7  controlled substances, if the person is lawfully arrested for

 8  any offense allegedly committed while the person was driving

 9  or was in actual physical control of a motor vehicle while

10  under the influence of alcoholic beverages, chemical

11  substances, or controlled substances.  The chemical or

12  physical breath test must be incidental to a lawful arrest and

13  administered at the request of a law enforcement officer who

14  has reasonable cause to believe such person was driving or was

15  in actual physical control of the motor vehicle within this

16  state while under the influence of alcoholic beverages. The

17  urine test must be incidental to a lawful arrest and

18  administered at a detention facility or any other facility,

19  mobile or otherwise, which is equipped to administer such

20  tests at the request of a law enforcement officer who has

21  reasonable cause to believe such person was driving or was in

22  actual physical control of a motor vehicle within this state

23  while under the influence of controlled substances. The urine

24  test shall be administered at a detention facility or any

25  other facility, mobile or otherwise, which is equipped to

26  administer such tests in a reasonable manner that will ensure

27  the accuracy of the specimen and maintain the privacy of the

28  individual involved. The administration of one type of test

29  does not preclude the administration of another type of test.

30  The person shall be told that his or her failure to submit to

31  any lawful test of his or her breath or urine, or both, is a

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  misdemeanor and, in addition, will result in the suspension of

 2  the person's privilege to operate a motor vehicle for a period

 3  of 1 year for a first refusal, or for a period of 18 months if

 4  the driving privilege of such person has been previously

 5  suspended as a result of a refusal to submit to such a test or

 6  tests.  The refusal to submit to a chemical or physical breath

 7  test or to a urine test upon the request of a law enforcement

 8  officer as provided in this section is admissible into

 9  evidence in any criminal proceeding.

10         (b)1.  The blood-alcohol level must be based upon grams

11  of alcohol per 100 milliliters of blood. The breath-alcohol

12  level must be based upon grams of alcohol per 210 liters of

13  breath.

14         2.  An analysis of a person's breath, in order to be

15  considered valid under this section, must have been performed

16  substantially according to methods approved by the Department

17  of Law Enforcement.  For this purpose, the department may

18  approve satisfactory techniques or methods.  Any insubstantial

19  differences between approved techniques and actual testing

20  procedures in any individual case do not render the test or

21  test results invalid.

22         (c)  Any person who accepts the privilege extended by

23  the laws of this state of operating a motor vehicle within

24  this state is, by operating such vehicle, deemed to have given

25  his or her consent to submit to an approved blood test for the

26  purpose of determining the alcoholic content of the blood or a

27  blood test for the purpose of determining the presence of

28  chemical substances or controlled substances as provided in

29  this section if there is reasonable cause to believe the

30  person was driving or in actual physical control of a motor

31  vehicle while under the influence of alcoholic beverages or

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  chemical or controlled substances and the person appears for

 2  treatment at a hospital, clinic, or other medical facility and

 3  the administration of a breath or urine test is impractical or

 4  impossible. As used in this paragraph, the term "other medical

 5  facility" includes an ambulance or other medical emergency

 6  vehicle. The blood test shall be performed in a reasonable

 7  manner. Any person who is incapable of refusal by reason of

 8  unconsciousness or other mental or physical condition is

 9  deemed not to have withdrawn his or her consent to such test.

10  A blood test may be administered whether or not the person is

11  told that his or her failure to submit to such a blood test is

12  a misdemeanor and, in addition, will result in the suspension

13  of the person's privilege to operate a motor vehicle upon the

14  public highways of this state.  Any person who is capable of

15  refusal shall be told that his or her failure to submit to

16  such a blood test is a misdemeanor and, in addition, will

17  result in the suspension of the person's privilege to operate

18  a motor vehicle for a period of 1 year for a first refusal, or

19  for a period of 18 months if the driving privilege of the

20  person has been suspended previously as a result of a refusal

21  to submit to such a test or tests.  The refusal to submit to a

22  blood test upon the request of a law enforcement officer is

23  admissible in evidence in any criminal proceeding.

24         (d)  If the arresting officer does not request a

25  chemical or physical breath test of the person arrested for

26  any offense allegedly committed while the person was driving

27  or was in actual physical control of a motor vehicle while

28  under the influence of alcoholic beverages or controlled

29  substances, such person may request the arresting officer to

30  have a chemical or physical test made of the arrested person's

31  breath or a test of the urine or blood for the purpose of

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  determining the alcoholic content of the person's blood or

 2  breath or the presence of chemical substances or controlled

 3  substances; and, if so requested, the arresting officer shall

 4  have the test performed.

 5         (e)1.  By applying for a driver's license and by

 6  accepting and using a driver's license, the person holding the

 7  driver's license is deemed to have expressed his or her

 8  consent to the provisions of this section.

 9         2.  A nonresident or any other person driving in a

10  status exempt from the requirements of the driver's license

11  law, by his or her act of driving in such exempt status, is

12  deemed to have expressed his or her consent to the provisions

13  of this section.

14         3.  A warning of the consent provision of this section

15  shall be printed above the signature line on each new or

16  renewed driver's license.

17         (f)1.  The tests determining the weight of alcohol in

18  the defendant's blood or breath shall be administered at the

19  request of a law enforcement officer substantially in

20  accordance with rules of the Department of Law Enforcement.

21  Such rules must specify precisely the test or tests that are

22  approved by the Department of Law Enforcement for reliability

23  of result and ease of administration, and must provide an

24  approved method of administration which must be followed in

25  all such tests given under this section.  However, the failure

26  of a law enforcement officer to request the withdrawal of

27  blood does not affect the admissibility of a test of blood

28  withdrawn for medical purposes.

29         2.a.  Only a physician, certified paramedic, registered

30  nurse, licensed practical nurse, other personnel authorized by

31  a hospital to draw blood, or duly licensed clinical laboratory

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  director, supervisor, technologist, or technician, acting at

 2  the request of a law enforcement officer, may withdraw blood

 3  for the purpose of determining its alcoholic content or the

 4  presence of chemical substances or controlled substances

 5  therein. However, the failure of a law enforcement officer to

 6  request the withdrawal of blood does not affect the

 7  admissibility of a test of blood withdrawn for medical

 8  purposes.

 9         b.  Notwithstanding any provision of law pertaining to

10  the confidentiality of hospital records or other medical

11  records, if a health care provider, who is providing medical

12  care in a health care facility to a person injured in a motor

13  vehicle crash, becomes aware, as a result of any blood test

14  performed in the course of that medical treatment, that the

15  person's blood-alcohol level meets or exceeds the

16  blood-alcohol level specified in s. 316.193(1)(b), the health

17  care provider may notify any law enforcement officer or law

18  enforcement agency. Any such notice must be given within a

19  reasonable time after the health care provider receives the

20  test result. Any such notice shall be used only for the

21  purpose of providing the law enforcement officer with

22  reasonable cause to request the withdrawal of a blood sample

23  pursuant to this section.

24         c.  The notice shall consist only of the name of the

25  person being treated, the name of the person who drew the

26  blood, the blood-alcohol level indicated by the test, and the

27  date and time of the administration of the test.

28         d.  Nothing contained in s. 395.3025(4), s. 455.667, or

29  any applicable practice act affects the authority to provide

30  notice under this section, and the health care provider is not

31  considered to have breached any duty owed to the person under

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  s. 395.3025(4), s. 455.667, or any applicable practice act by

 2  providing notice or failing to provide notice. It shall not be

 3  a breach of any ethical, moral, or legal duty for a health

 4  care provider to provide notice or fail to provide notice.

 5         e.  A civil, criminal, or administrative action may not

 6  be brought against any person or health care provider

 7  participating in good faith in the provision of notice or

 8  failure to provide notice as provided in this section. Any

 9  person or health care provider participating in the provision

10  of notice or failure to provide notice as provided in this

11  section shall be immune from any civil or criminal liability

12  and from any professional disciplinary action with respect to

13  the provision of notice or failure to provide notice under

14  this section. Any such participant has the same immunity with

15  respect to participating in any judicial proceedings resulting

16  from the notice or failure to provide notice.

17         3.  The person tested may, at his or her own expense,

18  have a physician, registered nurse, other personnel authorized

19  by a hospital to draw blood, or duly licensed clinical

20  laboratory director, supervisor, technologist, or technician,

21  or other person of his or her own choosing administer an

22  independent test in addition to the test administered at the

23  direction of the law enforcement officer for the purpose of

24  determining the amount of alcohol in the person's blood or

25  breath or the presence of chemical substances or controlled

26  substances at the time alleged, as shown by chemical analysis

27  of his or her blood or urine, or by chemical or physical test

28  of his or her breath. The failure or inability to obtain an

29  independent test by a person does not preclude the

30  admissibility in evidence of the test taken at the direction

31  of the law enforcement officer.  The law enforcement officer

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  shall not interfere with the person's opportunity to obtain

 2  the independent test and shall provide the person with timely

 3  telephone access to secure the test, but the burden is on the

 4  person to arrange and secure the test at the person's own

 5  expense.

 6         4.  Upon the request of the person tested, full

 7  information concerning the test taken at the direction of the

 8  law enforcement officer shall be made available to the person

 9  or his or her attorney.

10         5.  A hospital, clinical laboratory, medical clinic, or

11  similar medical institution or physician, certified paramedic,

12  registered nurse, licensed practical nurse, other personnel

13  authorized by a hospital to draw blood, or duly licensed

14  clinical laboratory director, supervisor, technologist, or

15  technician, or other person assisting a law enforcement

16  officer does not incur any civil or criminal liability as a

17  result of the withdrawal or analysis of a blood or urine

18  specimen, or the chemical or physical test of a person's

19  breath pursuant to accepted medical standards when requested

20  by a law enforcement officer, regardless of whether or not the

21  subject resisted administration of the test.

22         (2)  The results of any test administered pursuant to

23  this section for the purpose of detecting the presence of any

24  controlled substance shall not be admissible as evidence in a

25  criminal prosecution for the possession of a controlled

26  substance.

27         (3)  Notwithstanding any provision of law pertaining to

28  the confidentiality of hospital records or other medical

29  records, information relating to the alcoholic content of the

30  blood or breath or the presence of chemical substances or

31  controlled substances in the blood obtained pursuant to this

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  section shall be released to a court, prosecuting attorney,

 2  defense attorney, or law enforcement officer in connection

 3  with an alleged violation of s. 316.193 upon request for such

 4  information.

 5         Section 3.  Subsection (1) of section 316.1933, Florida

 6  Statutes, is amended to read:

 7         316.1933  Blood test for impairment or intoxication in

 8  cases of death or serious bodily injury; right to use

 9  reasonable force.--

10         (1)(a)  Notwithstanding any recognized ability to

11  refuse to submit to the tests provided in s. 316.1932 or any

12  recognized power to revoke the implied consent to such tests,

13  If a law enforcement officer has probable cause to believe

14  that a motor vehicle driven by or in the actual physical

15  control of a person under the influence of alcoholic

16  beverages, any chemical substances, or any controlled

17  substances has caused the death or serious bodily injury of a

18  human being, such person shall submit, upon the request of a

19  law enforcement officer shall require the person driving or in

20  actual physical control of the motor vehicle to submit, to a

21  test of the person's blood for the purpose of determining the

22  alcoholic content thereof or the presence of chemical

23  substances as set forth in s. 877.111 or any substance

24  controlled under chapter 893.  The law enforcement officer may

25  use reasonable force if necessary to require such person to

26  submit to the administration of the blood test.  The blood

27  test shall be performed in a reasonable manner.

28  Notwithstanding s. 316.1932, the testing required by this

29  paragraph need not be incidental to a lawful arrest of the

30  person.

31         (b)  The term "serious bodily injury" means an injury

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  to any person, including the driver, which consists of a

 2  physical condition that creates a substantial risk of death,

 3  serious personal disfigurement, or protracted loss or

 4  impairment of the function of any bodily member or organ.

 5         (c)  The law enforcement officer shall offer any person

 6  subject to a blood test under this subsection the opportunity

 7  to submit to an approved chemical test of the person's breath

 8  and, if the person submits to the test and a valid reading is

 9  obtained, the blood test shall be waived.  This paragraph

10  shall not apply to any person who is unconscious or whose

11  mental or physical condition does not allow the administration

12  of a breath test or any person whom the law enforcement

13  officer has probable cause to believe was operating a motor

14  vehicle under the influence of any chemical substances as set

15  forth in s. 877.111 or any controlled substances.

16         Section 4.  Section 316.1939, Florida Statutes, is

17  created to read:

18         316.1939  Refusal to submit to testing; penalties.--

19         (1)  Any person who has refused to submit to a chemical

20  or physical test of his or her breath, blood, or urine, as

21  described in s. 316.1932, and:

22         (a)  Whom the arresting law enforcement officer had

23  probable cause to believe was driving or in actual physical

24  control of a motor vehicle in this state while under the

25  influence of alcoholic beverages, chemical substances, or

26  controlled substances;

27         (b)  Who was placed under lawful arrest for a violation

28  of s. 316.193, unless such test was requested pursuant to s.

29  316.1932(1)(c);

30         (c)  Who was informed that if he or she refused to

31  submit to such test his or her privilege to operate a motor

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  vehicle would be suspended for a period of 1 year or, in the

 2  case of a second or subsequent refusal, for a period of 18

 3  months, and that the refusal to submit to such test is a

 4  misdemeanor; and

 5         (d)  Who, after having been so informed, refused to

 6  submit to any such test when requested to do so by a law

 7  enforcement officer or correctional officer

 8

 9  commits a misdemeanor of the first degree and is subject to

10  punishment as provided in s. 775.082 or s. 775.083.

11         (2)  The disposition of any administrative proceeding

12  that relates to the suspension of a person's driving privilege

13  does not affect a criminal action under this section.

14         (3)  The disposition of a criminal action under this

15  section does not affect any administrative proceeding that

16  relates to the suspension of a person's driving privilege.

17         Section 5.  Subsections (2), (3), (4), and (8) of

18  section 327.35, Florida Statutes, are amended to read:

19         327.35  Boating under the influence; penalties;

20  "designated drivers".--

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

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

23  violation of subsection (1) shall be punished:

24         1.  By a fine of:

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

26  conviction.

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

28  conviction.

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

30  third conviction; and

31         2.  By imprisonment for:

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  subsequent violation of this section is guilty of a felony of

 6  the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084; however, the fine imposed for such

 8  third fourth or subsequent violation may not be less than

 9  $1,000.

10         (3)  Any person:

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

12         (b)  Who operates a vessel; and

13         (c)  Who, by reason of such operation, causes or

14  contributes to the cause of:

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

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

17  s. 775.082 or s. 775.083.

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

19  327.353 316.1933, commits a felony of the third degree,

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

21  775.084.

22         3.  The death of any human being commits BUI

23  manslaughter, and commits:

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

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

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

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

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

29  should have known, that the accident occurred; and

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

31  aid as required by s. 327.30 316.062.

                                  15

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1

 2  This sub-subparagraph does not require that the person knew

 3  that the accident resulted in injury or death.

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

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

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

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

 8  of the offense was accompanied in the vessel by a person under

 9  the age of 18 years, shall be punished:

10         (a)  By a fine of:

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

12  conviction.

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

14  second conviction.

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

16  third or subsequent conviction.

17         (b)  By imprisonment for:

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

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

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

21

22  For the purposes of this subsection, only the instant offense

23  is required to be a violation of subsection (1) by a person

24  who has a blood-alcohol level or breath-alcohol level of 0.20

25  or higher.

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

27  this section may not be released from custody:

28         1.(a)  Until the person is no longer under the

29  influence of alcoholic beverages, any chemical substance set

30  forth in s. 877.111, or any substance controlled under chapter

31  893 and affected to the extent that his or her normal

                                  16

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  faculties are impaired;

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

 3  breath-alcohol level is less than 0.05; or

 4         3.(c)  Until 8 hours have elapsed from the time the

 5  person was arrested.

 6         (b)  The arresting officer may place the person in

 7  protective custody pursuant to s. 397.6772 if:

 8         1.  The person has previously been convicted of a

 9  violation of this section or s. 316.193;

10         2.  The person's blood-alcohol level or breath-alcohol

11  level, as determined by a test conducted incident to the

12  person's arrest, was 0.20 or greater;

13         3.  The person, by reason of operation of a vessel, has

14  caused death or serious bodily injury as defined in s.

15  327.353; or

16         4.  The person is on pretrial release for a previous

17  offense under this section or s. 316.193.

18

19  The election to place a person in protective custody may be

20  done at the time of arrest but transfer of the person to a

21  facility shall not occur prior to the conclusion of the time

22  period set forth in paragraph (a).  The provisions of this

23  paragraph are in addition to, not in lieu of, the provisions

24  of subsection (5).  A court shall order any person placed in

25  protective custody pursuant to this paragraph, who is

26  subsequently convicted of a violation of this section, to pay

27  the reasonable costs of evaluation and treatment.

28         Section 6.  Section 327.352, Florida Statutes, is

29  amended to read:

30         327.352  Breath, blood, and urine tests for alcohol,

31  chemical substances, or controlled substances; implied

                                  17

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  consent; refusal right to refuse.--

 2         (1)(a)  The Legislature declares that the operation of

 3  a vessel is a privilege that must be exercised in a reasonable

 4  manner. In order to protect the public health and safety, it

 5  is essential that a lawful and effective means of reducing the

 6  incidence of boating while impaired or intoxicated be

 7  established. Therefore, any person who accepts the privilege

 8  extended by the laws of this state of operating a vessel

 9  within this state is, by so operating such vessel, deemed to

10  have given his or her consent to submit to an approved

11  chemical test or physical test including, but not limited to,

12  an infrared light test of his or her breath for the purpose of

13  determining the alcoholic content of his or her blood or

14  breath, and to a urine test for the purpose of detecting the

15  presence of chemical substances as set forth in s. 877.111 or

16  controlled substances, if the person is lawfully arrested for

17  any offense allegedly committed while the person was operating

18  a vessel while under the influence of alcoholic beverages,

19  chemical substances, or controlled substances.  The chemical

20  or physical breath test must be incidental to a lawful arrest

21  and administered at the request of a law enforcement officer

22  who has reasonable cause to believe such person was operating

23  the vessel within this state while under the influence of

24  alcoholic beverages. The urine test must be incidental to a

25  lawful arrest and administered at a detention facility or any

26  other facility, mobile or otherwise, which is equipped to

27  administer such tests at the request of a law enforcement

28  officer who has reasonable cause to believe such person was

29  operating a vessel within this state while under the influence

30  of controlled substances. The urine test shall be administered

31  at a detention facility or any other facility, mobile or

                                  18

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  otherwise, which is equipped to administer such tests in a

 2  reasonable manner that will ensure the accuracy of the

 3  specimen and maintain the privacy of the individual involved.

 4  The administration of one type of test does not preclude the

 5  administration of another type of test.  The person shall be

 6  told that his or her failure to submit to any lawful test of

 7  his or her breath or urine, or both, is a misdemeanor and, in

 8  addition, will result in a civil penalty of $500. The refusal

 9  to submit to a chemical or physical breath or urine test upon

10  the request of a law enforcement officer as provided in this

11  section is admissible into evidence in any criminal

12  proceeding.

13         (b)1.  The blood-alcohol level must be based upon grams

14  of alcohol per 100 milliliters of blood. The breath-alcohol

15  level must be based upon grams of alcohol per 210 liters of

16  breath.

17         2.  An analysis of a person's breath, in order to be

18  considered valid under this section, must have been performed

19  substantially according to methods approved by the Department

20  of Law Enforcement.  For this purpose, the department may

21  approve satisfactory techniques or methods.  Any insubstantial

22  differences between approved techniques and actual testing

23  procedures in any individual case do not render the test or

24  test results invalid.

25         (c)  Any person who accepts the privilege extended by

26  the laws of this state of operating a vessel within this state

27  is, by operating such vessel, deemed to have given his or her

28  consent to submit to an approved blood test for the purpose of

29  determining the alcoholic content of the blood or a blood test

30  for the purpose of determining the presence of chemical

31  substances or controlled substances as provided in this

                                  19

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  section if there is reasonable cause to believe the person was

 2  operating a vessel while under the influence of alcoholic

 3  beverages or chemical or controlled substances and the person

 4  appears for treatment at a hospital, clinic, or other medical

 5  facility and the administration of a breath or urine test is

 6  impractical or impossible. As used in this paragraph, the term

 7  "other medical facility" includes an ambulance or other

 8  medical emergency vehicle. The blood test shall be performed

 9  in a reasonable manner.  Any person who is incapable of

10  refusal by reason of unconsciousness or other mental or

11  physical condition is deemed not to have withdrawn his or her

12  consent to such test. Any person who is capable of refusal

13  shall be told that his or her failure to submit to such a

14  blood test is a misdemeanor and, in addition, will result in a

15  civil penalty of $500. The refusal to submit to a blood test

16  upon the request of a law enforcement officer shall be

17  admissible in evidence in any criminal proceeding.

18         (d)  If the arresting officer does not request a

19  chemical or physical breath test of the person arrested for

20  any offense allegedly committed while the person was operating

21  a vessel while under the influence of alcoholic beverages or

22  controlled substances, the person may request the arresting

23  officer to have a chemical or physical test made of the

24  arrested person's breath or a test of the urine or blood for

25  the purpose of determining the alcoholic content of the

26  person's blood or breath or the presence of chemical

27  substances or controlled substances; and, if so requested, the

28  arresting officer shall have the test performed.

29         (e)1.  The tests determining the weight of alcohol in

30  the defendant's blood or breath shall be administered at the

31  request of a law enforcement officer substantially in

                                  20

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  accordance with rules of the Department of Law Enforcement.

 2  Such rules must specify precisely the test or tests that are

 3  approved by the Department of Law Enforcement for reliability

 4  of result and ease of administration, and must provide an

 5  approved method of administration which must be followed in

 6  all such tests given under this section.  However, the failure

 7  of a law enforcement officer to request the withdrawal of

 8  blood does not affect the admissibility of a test of blood

 9  withdrawn for medical purposes.

10         2.  Only a physician, certified paramedic, registered

11  nurse, licensed practical nurse, other personnel authorized by

12  a hospital to draw blood, or duly licensed clinical laboratory

13  director, supervisor, technologist, or technician, acting at

14  the request of a law enforcement officer, may withdraw blood

15  for the purpose of determining its alcoholic content or the

16  presence of chemical substances or controlled substances

17  therein. However, the failure of a law enforcement officer to

18  request the withdrawal of blood does not affect the

19  admissibility of a test of blood withdrawn for medical

20  purposes.

21         3.  The person tested may, at his or her own expense,

22  have a physician, registered nurse, other personnel authorized

23  by a hospital to draw blood, or duly licensed clinical

24  laboratory director, supervisor, technologist, or technician,

25  or other person of his or her own choosing administer an

26  independent test in addition to the test administered at the

27  direction of the law enforcement officer for the purpose of

28  determining the amount of alcohol in the person's blood or

29  breath or the presence of chemical substances or controlled

30  substances at the time alleged, as shown by chemical analysis

31  of his or her blood or urine, or by chemical or physical test

                                  21

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  of his or her breath. The failure or inability to obtain an

 2  independent test by a person does not preclude the

 3  admissibility in evidence of the test taken at the direction

 4  of the law enforcement officer.  The law enforcement officer

 5  shall not interfere with the person's opportunity to obtain

 6  the independent test and shall provide the person with timely

 7  telephone access to secure the test, but the burden is on the

 8  person to arrange and secure the test at the person's own

 9  expense.

10         4.  Upon the request of the person tested, full

11  information concerning the test taken at the direction of the

12  law enforcement officer shall be made available to the person

13  or his or her attorney.

14         5.  A hospital, clinical laboratory, medical clinic, or

15  similar medical institution or physician, certified paramedic,

16  registered nurse, licensed practical nurse, other personnel

17  authorized by a hospital to draw blood, or duly licensed

18  clinical laboratory director, supervisor, technologist, or

19  technician, or other person assisting a law enforcement

20  officer does not incur any civil or criminal liability as a

21  result of the withdrawal or analysis of a blood or urine

22  specimen, or the chemical or physical test of a person's

23  breath pursuant to accepted medical standards when requested

24  by a law enforcement officer, regardless of whether or not the

25  subject resisted administration of the test.

26         (2)  The results of any test administered pursuant to

27  this section for the purpose of detecting the presence of any

28  controlled substance shall not be admissible as evidence in a

29  criminal prosecution for the possession of a controlled

30  substance.

31         (3)  Notwithstanding any provision of law pertaining to

                                  22

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  the confidentiality of hospital records or other medical

 2  records, information relating to the alcoholic content of the

 3  blood or breath or the presence of chemical substances or

 4  controlled substances in the blood obtained pursuant to this

 5  section shall be released to a court, prosecuting attorney,

 6  defense attorney, or law enforcement officer in connection

 7  with an alleged violation of s. 327.35 upon request for such

 8  information.

 9         Section 7.  Subsection (1) of section 327.353, Florida

10  Statutes, is amended to read:

11         327.353  Blood test for impairment or intoxication in

12  cases of death or serious bodily injury; right to use

13  reasonable force.--

14         (1)(a)  Notwithstanding any recognized ability to

15  refuse to submit to the tests provided in s. 327.352 or any

16  recognized power to revoke the implied consent to such tests,

17  If a law enforcement officer has probable cause to believe

18  that a vessel operated by a person under the influence of

19  alcoholic beverages, any chemical substances, or any

20  controlled substances has caused the death or serious bodily

21  injury of a human being, the person shall submit, upon the

22  request of a law enforcement officer shall require the person

23  operating or in actual physical control of the vessel to

24  submit, to a test of the person's blood for the purpose of

25  determining the alcoholic content thereof or the presence of

26  chemical substances as set forth in s. 877.111 or any

27  substance controlled under chapter 893. The law enforcement

28  officer may use reasonable force if necessary to require the

29  person to submit to the administration of the blood test. The

30  blood test shall be performed in a reasonable manner.

31  Notwithstanding s. 327.352, the testing required by this

                                  23

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  paragraph need not be incidental to a lawful arrest of the

 2  person.

 3         (b)  The term "serious bodily injury" means an injury

 4  to any person, including the operator, which consists of a

 5  physical condition that creates a substantial risk of death,

 6  serious personal disfigurement, or protracted loss or

 7  impairment of the function of any bodily member or organ.

 8         (c)  The law enforcement officer shall offer any person

 9  subject to a blood test under this subsection the opportunity

10  to submit to an approved chemical test of the person's breath

11  and, if the person submits to the test and a valid reading is

12  obtained, the blood test shall be waived. This paragraph shall

13  not apply to any person who is unconscious or whose mental or

14  physical condition does not allow the administration of a

15  breath test or any person whom the law enforcement officer has

16  probable cause to believe was operating a vessel under the

17  influence of any chemical substances as set forth in s.

18  877.111 or any controlled substances.

19         Section 8.  Section 327.359, Florida Statutes, is

20  created to read:

21         327.359  Refusal to submit to testing;

22  penalties.--  Any person who has refused to submit to a

23  chemical or physical test of his or her breath, blood, or

24  urine, as described in s. 327.352, and:

25         (1)  Whom the arresting law enforcement officer had

26  probable cause to believe was operating or in actual physical

27  control of a vessel in this state while under the influence of

28  alcoholic beverages, chemical substances, or controlled

29  substances;

30         (2)  Who was placed under lawful arrest for a violation

31  of s. 327.35, unless such test was requested pursuant to s.

                                  24

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  327.352(1)(c);

 2         (3)  Who was informed that if he or she refused to

 3  submit to such test he or she is subject to a $500 fine; and

 4  that the refusal to submit to such test is a misdemeanor; and

 5         (4)  Who, after having been so informed, refused to

 6  submit to any such test when requested to do so by a law

 7  enforcement officer or correctional officer

 8

 9  commits a misdemeanor of the first degree and is subject to

10  punishment as provided in s. 775.082 or s. 775.083.

11         Section 9.  Section 397.6755, Florida Statutes, is

12  created to read:

13         397.6755  Evidence of criteria for involuntary

14  admissions and involuntary treatment; funding.--

15         (1)  In addition to any other ground that may give rise

16  to a finding that a person has lost the power of self-control

17  with respect to substance use and is likely to inflict

18  physical harm on himself or herself or another, a court may

19  find that a person has lost the power of self-control with

20  respect to substance use and is likely to inflict physical

21  harm on himself or herself or another if the person has been

22  arrested for a violation of s. 316.193 or s. 327.35, and:

23         (a)  The person has previous to the arrest been

24  convicted of a violation of s. 316.193 or s. 327.35;

25         (b)  The person's blood-alcohol level or breath-alcohol

26  level, as determined by a test conducted incident to the

27  person's arrest, was 0.20 or greater;

28         (c)  The person, by reason of operation of a motor

29  vehicle or a vessel, has caused death or serious bodily injury

30  as defined in s. 316.1933 or s. 327.353; or

31         (d)  The person is on pretrial release for a previous

                                  25

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  offense under s. 316.193 or s. 327.35.

 2         (2)  Any person who meets the criteria for involuntary

 3  admission pursuant to s. 397.675, who was placed in protective

 4  custody pursuant to s. 316.193(9)(b) or s. 327.35(8)(b), and

 5  who is a qualified resident as defined in s. 212.055(4)(d)

 6  shall have the costs of evaluation and treatment paid from the

 7  fund established pursuant to s. 212.055(4)(e).  A court shall

 8  order any person whose care is paid for under this subsection,

 9  who is subsequently convicted of a violation of s. 316.193 or

10  s. 327.35, to reimburse the provider of the services for the

11  reasonable cost of the services provided and, if the person is

12  unable to reimburse the provider, a civil judgment in favor of

13  such fund shall be entered.

14         Section 10.  Paragraphs (f) and (i) of subsection (3)

15  of section 921.0022, Florida Statutes, are amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19

20  Florida           Felony

21  Statute           Degree             Description

22

23

24                              (f)  LEVEL 6

25  316.027(1)(b)      2nd      Accident involving death, failure

26                              to stop; leaving scene.

27  316.193(2)(b)      3rd      Felony DUI, 3rd 4th or subsequent

28                              conviction.

29  327.35(2)(b)       3rd      Felony BUI, 3rd or subsequent

30                              conviction.

31

                                  26

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  775.0875(1)        3rd      Taking firearm from law

 2                              enforcement officer.

 3  775.21(10)         3rd      Sexual predators; failure to

 4                              register; failure to renew

 5                              driver's license or

 6                              identification card.

 7  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 8                              without intent to kill.

 9  784.021(1)(b)      3rd      Aggravated assault; intent to

10                              commit felony.

11  784.041            3rd      Felony battery.

12  784.048(3)         3rd      Aggravated stalking; credible

13                              threat.

14  784.048(5)         3rd      Aggravated stalking of person

15                              under 16.

16  784.07(2)(c)       2nd      Aggravated assault on law

17                              enforcement officer.

18  784.08(2)(b)       2nd      Aggravated assault on a person 65

19                              years of age or older.

20  784.081(2)         2nd      Aggravated assault on specified

21                              official or employee.

22  784.082(2)         2nd      Aggravated assault by detained

23                              person on visitor or other

24                              detainee.

25  784.083(2)         2nd      Aggravated assault on code

26                              inspector.

27  787.02(2)          3rd      False imprisonment; restraining

28                              with purpose other than those in

29                              s. 787.01.

30  790.115(2)(d)      2nd      Discharging firearm or weapon on

31                              school property.

                                  27

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  790.161(2)         2nd      Make, possess, or throw

 2                              destructive device with intent to

 3                              do bodily harm or damage

 4                              property.

 5  790.164(1)         2nd      False report of deadly explosive

 6                              or act of arson or violence to

 7                              state property.

 8  790.19             2nd      Shooting or throwing deadly

 9                              missiles into dwellings, vessels,

10                              or vehicles.

11  794.011(8)(a)      3rd      Solicitation of minor to

12                              participate in sexual activity by

13                              custodial adult.

14  794.05(1)          2nd      Unlawful sexual activity with

15                              specified minor.

16  800.04(5)(d)       3rd      Lewd or lascivious molestation;

17                              victim 12 years of age or older

18                              but less than 16 years; offender

19                              less than 18 years.

20  800.04(6)(b)       2nd      Lewd or lascivious conduct;

21                              offender 18 years of age or

22                              older.

23  806.031(2)         2nd      Arson resulting in great bodily

24                              harm to firefighter or any other

25                              person.

26  810.02(3)(c)       2nd      Burglary of occupied structure;

27                              unarmed; no assault or battery.

28  812.014(2)(b)      2nd      Property stolen $20,000 or more,

29                              but less than $100,000, grand

30                              theft in 2nd degree.

31

                                  28

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  812.13(2)(c)       2nd      Robbery, no firearm or other

 2                              weapon (strong-arm robbery).

 3  817.034(4)(a)1.    1st      Communications fraud, value

 4                              greater than $50,000.

 5  817.4821(5)        2nd      Possess cloning paraphernalia

 6                              with intent to create cloned

 7                              cellular telephones.

 8  825.102(1)         3rd      Abuse of an elderly person or

 9                              disabled adult.

10  825.102(3)(c)      3rd      Neglect of an elderly person or

11                              disabled adult.

12  825.1025(3)        3rd      Lewd or lascivious molestation of

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(c)      3rd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at less than $20,000.

18  827.03(1)          3rd      Abuse of a child.

19  827.03(3)(c)       3rd      Neglect of a child.

20  827.071(2)&(3)     2nd      Use or induce a child in a sexual

21                              performance, or promote or direct

22                              such performance.

23  836.05             2nd      Threats; extortion.

24  836.10             2nd      Written threats to kill or do

25                              bodily injury.

26  843.12             3rd      Aids or assists person to escape.

27  847.0135(3)        3rd      Solicitation of a child, via a

28                              computer service, to commit an

29                              unlawful sex act.

30  914.23             2nd      Retaliation against a witness,

31                              victim, or informant, with bodily

                                  29

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1                              injury.

 2  943.0435(9)        3rd      Sex offenders; failure to comply

 3                              with reporting requirements.

 4  944.35(3)(a)2.     3rd      Committing malicious battery upon

 5                              or inflicting cruel or inhuman

 6                              treatment on an inmate or

 7                              offender on community

 8                              supervision, resulting in great

 9                              bodily harm.

10  944.40             2nd      Escapes.

11  944.46             3rd      Harboring, concealing, aiding

12                              escaped prisoners.

13  944.47(1)(a)5.     2nd      Introduction of contraband

14                              (firearm, weapon, or explosive)

15                              into correctional facility.

16  951.22(1)          3rd      Intoxicating drug, firearm, or

17                              weapon introduced into county

18                              facility.

19                              (i)  LEVEL 9

20  316.193

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

22                              render aid or give information.

23  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

24                              render aid or give information.

25  782.04(1)          1st      Attempt, conspire, or solicit to

26                              commit premeditated murder.

27  782.04(3)          1st,PBL   Accomplice to murder in

28                              connection with arson, sexual

29                              battery, robbery, burglary, and

30                              other specified felonies.

31

                                  30

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  782.051(1)         1st      Attempted felony murder while

 2                              perpetrating or attempting to

 3                              perpetrate a felony enumerated in

 4                              s. 782.04(3).

 5  782.07(2)          1st      Aggravated manslaughter of an

 6                              elderly person or disabled adult.

 7  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

 8                              reward or as a shield or hostage.

 9  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

10                              or facilitate commission of any

11                              felony.

12  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

13                              interfere with performance of any

14                              governmental or political

15                              function.

16  787.02(3)(a)       1st      False imprisonment; child under

17                              age 13; perpetrator also commits

18                              aggravated child abuse, sexual

19                              battery, or lewd or lascivious

20                              battery, molestation, conduct, or

21                              exhibition.

22  790.161            1st      Attempted capital destructive

23                              device offense.

24  794.011(2)         1st      Attempted sexual battery; victim

25                              less than 12 years of age.

26  794.011(2)         Life     Sexual battery; offender younger

27                              than 18 years and commits sexual

28                              battery on a person less than 12

29                              years.

30  794.011(4)         1st      Sexual battery; victim 12 years

31                              or older, certain circumstances.

                                  31

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





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

 2                              conduct with minor 12 to 18 years

 3                              by person in familial or

 4                              custodial authority.

 5  800.04(5)(b)       1st      Lewd or lascivious molestation;

 6                              victim less than 12 years;

 7                              offender 18 years or older.

 8  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 9                              deadly weapon.

10  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

11                              deadly weapon.

12  827.03(2)          1st      Aggravated child abuse.

13  847.0145(1)        1st      Selling, or otherwise

14                              transferring custody or control,

15                              of a minor.

16  847.0145(2)        1st      Purchasing, or otherwise

17                              obtaining custody or control, of

18                              a minor.

19  859.01             1st      Poisoning food, drink, medicine,

20                              or water with intent to kill or

21                              injure another person.

22  893.135            1st      Attempted capital trafficking

23                              offense.

24  893.135(1)(a)3.    1st      Trafficking in cannabis, more

25                              than 10,000 lbs.

26  893.135

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

28                              400 grams, less than 150

29                              kilograms.

30  893.135

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

                                  32

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1                              more than 28 grams, less than 30

 2                              kilograms.

 3  893.135

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

 5                              more than 400 grams.

 6  893.135

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

 8                              than 25 kilograms.

 9  893.135

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

11                              than 200 grams.

12         Section 11.  Section 938.07, Florida Statutes, is

13  amended to read:

14         938.07  Driving or boating under the

15  influence.--Notwithstanding any other provision of s. 316.193

16  or s. 327.35, a court cost of $135 shall be added to any fine

17  imposed pursuant to s. 316.193 or s. 327.35, of which $25

18  shall be deposited in the Emergency Medical Services Trust

19  Fund, $50 shall be deposited in the Criminal Justice Standards

20  and Training Trust Fund of the Department of Law Enforcement

21  to be used for operational expenses in conducting the

22  statewide criminal analysis laboratory system established in

23  s. 943.32, and $60 shall be deposited in the Brain and Spinal

24  Cord Injury Rehabilitation Trust Fund created in s. 381.79

25  413.613.

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, line 3, after license;

31

                                  33

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1  insert:

 2         amending s. 316.193, F.S.; reducing the number

 3         of convictions required for a felony DUI;

 4         amending conditions for conviction in cases of

 5         accident, serious bodily injury, or death;

 6         removing a cross reference; allowing a law

 7         enforcement officer to place a person in

 8         protective custody under certain circumstances;

 9         requiring a person placed in protective custody

10         to pay reasonable costs of evaluation and

11         treatment under certain circumstances; amending

12         s. 316.1932, F.S.; requiring a law enforcement

13         officer to inform a person that refusal to

14         submit to certain tests is a misdemeanor;

15         amending s. 316.1933, F.S.; requiring a person

16         to submit to a blood test under certain

17         circumstances; providing that the test need not

18         be incidental to a lawful arrest; providing

19         that a breath alcohol test may substitute for a

20         blood alcohol test under certain circumstances;

21         creating s. 316.1939, F.S.; providing a penalty

22         for refusing to submit to a chemical test of

23         breath, urine, or blood; providing application;

24         amending s. 327.35, F.S.; reducing the number

25         of convictions required for a felony BUI;

26         amending conditions for conviction in cases of

27         accident, serious bodily injury, or death;

28         correcting cross references; allowing a law

29         enforcement officer to place a person in

30         protective custody under certain circumstances;

31         requiring a person placed in protective custody

                                  34

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                                                   HOUSE AMENDMENT

                                             Bill No. CS/CS/HB 113

    Amendment No.     (for drafter's use only)





 1         to pay reasonable costs of evaluation and

 2         treatment under certain circumstances; amending

 3         s. 327.352, F.S.; requiring a law enforcement

 4         officer to inform a person that refusal to

 5         submit to certain tests is a misdemeanor;

 6         amending s. 327.353, F.S.; requiring a person

 7         to submit to a blood test under certain

 8         circumstances; providing that the test need not

 9         be incidental to a lawful arrest; providing

10         that a breath alcohol test may substitute for a

11         blood alcohol test under certain circumstances;

12         creating s. 327.359, F.S.; providing a penalty

13         for refusing to submit to a chemical test of

14         breath, urine, or blood; providing application;

15         creating s. 397.6755, F.S.; specifying grounds

16         for which a court may determine that criteria

17         exist for involuntary admission and treatment

18         of certain persons; requiring payment for such

19         evaluation and treatment from a certain fund;

20         requiring persons placed in such involuntary

21         custody to reimburse the provider of services

22         under certain circumstances; amending s.

23         921.0022, F.S.; including certain BUI offenses

24         within the offense severity ranking chart;

25         amending s. 938.07, F.S.; providing for

26         application of a fee to persons found guilty of

27         boating under the influence; correcting a cross

28         reference;

29

30

31

                                  35

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