House Bill 1423
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Florida House of Representatives - 2000 HB 1423
By Representative Jacobs
1 A bill to be entitled
2 An act relating to driving or boating under the
3 influence; amending s. 316.193, F.S.;
4 increasing the penalty imposed for a fourth or
5 subsequent conviction of driving under the
6 influence; increasing the penalties imposed for
7 driving under the influence and causing damage
8 to 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; revising a
14 blood-alcohol or breath-alcohol level; deleting
15 provisions that impose an enhanced penalty if a
16 person has caused the death of another while
17 driving under the influence, knew or should
18 have known that the accident occurred, and
19 failed to give information and render aid;
20 providing that previous convictions for boating
21 under the influence are to be considered for
22 purposes of penalties; amending s. 327.35,
23 F.S.; revising the penalties for boating under
24 the influence; amending s. 921.0022, F.S.;
25 conforming the offense severity ranking chart
26 to include the changes made by this act in
27 felony degree for certain offenses relating to
28 driving under the influence; revising a
29 blood-alcohol or breath-alcohol level; deleting
30 the ranking of driving under the influence
31 manslaughter with a failure to render aid or
1
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1 give information to conform with changes made
2 by this act; amending ss. 322.28 and 947.146,
3 F.S.; conforming cross references; providing an
4 effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 316.193, Florida Statutes, is
9 amended to read:
10 316.193 Driving under the influence; penalties.--
11 (1) A person commits is guilty of the offense of
12 driving under the influence and is subject to punishment as
13 provided in subsection (2) if the person is driving or in
14 actual physical control of a vehicle within this state and:
15 (a) The person is under the influence of alcoholic
16 beverages, any chemical substance set forth in s. 877.111, or
17 any substance controlled under chapter 893, when affected to
18 the extent that the person's normal faculties are impaired;
19 (b) The person has a blood-alcohol level of 0.08 or
20 more grams of alcohol per 100 milliliters of blood; or
21 (c) The person has a breath-alcohol level of 0.08 or
22 more grams of alcohol per 210 liters of breath.
23 (2)(a) Except as provided in paragraph (b), subsection
24 (3), or subsection (4), any person who is convicted of a
25 violation of subsection (1) shall be punished:
26 1. By a fine of:
27 a. Not less than $250 or more than $500 for a first
28 conviction.
29 b. Not less than $500 or more than $1,000 for a second
30 conviction.
31
2
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1 c. Not less than $1,000 or more than $2,500 for a
2 third conviction; and
3 2. By imprisonment for:
4 a. Not more than 6 months for a first conviction.
5 b. Not more than 9 months for a second conviction.
6 c. Not more than 12 months for a third conviction.
7 (b) Any person who is convicted of a fourth or
8 subsequent violation of this section commits is guilty of a
9 felony of the second third degree, punishable as provided in
10 s. 775.082, s. 775.083, or s. 775.084; however, the fine
11 imposed for such fourth or subsequent violation may be not
12 less than $1,000.
13 (3) Any person:
14 (a) Who is in violation of subsection (1);
15 (b) Who operates a vehicle; and
16 (c) Who, by reason of such operation, causes:
17 1. Damage to the property or person of another valued
18 at $10,000 or less commits a misdemeanor of the first degree,
19 punishable as provided in s. 775.082 or s. 775.083.
20 2. Damage to the property of another valued in excess
21 of $10,000 commits a felony of the third degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084.
23 3.2. Serious bodily injury to another, as defined in
24 s. 316.1933, commits a felony of the second third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 4.3. The death of any human being commits DUI
28 manslaughter, and commits:
29 a. a felony of the first second degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
31
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1 b. A felony of the first degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 (I) At the time of the crash, the person knew, or
4 should have known, that the crash occurred; and
5 (II) The person failed to give information and render
6 aid as required by s. 316.062.
7 (4) Any person who is convicted of a violation of
8 subsection (1) and who has a blood-alcohol level or
9 breath-alcohol level of 0.16 0.20 or higher, or any person who
10 is convicted of a violation of subsection (1) and who at the
11 time of the offense was accompanied in the vehicle by a person
12 under the age of 18 years, shall be punished:
13 (a) By a fine of:
14 1. Not less than $500 or more than $1,000 for a first
15 conviction.
16 2. Not less than $1,000 or more than $2,000 for a
17 second conviction.
18 3. Not less than $2,000 or more than $5,000 for a
19 third conviction.
20 (b) By imprisonment for:
21 1. Not more than 9 months for a first conviction.
22 2. Not more than 12 months for a second conviction.
23 3. Not more than 12 months for a third conviction.
24
25 For the purposes of this subsection, any conviction for a
26 violation of s. 327.35, only the instant offense is required
27 to be a violation of subsection (1) by a person who has a
28 blood-alcohol level or breath-alcohol level of 0.16 0.20 or
29 higher.
30 (5) The court shall place all offenders convicted of
31 violating this section on monthly reporting probation and
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1 shall require completion of a substance abuse course conducted
2 by a DUI program licensed by the department under s. 322.292,
3 which must include a psychosocial evaluation of the offender.
4 If the DUI program refers the offender to an authorized
5 substance abuse treatment provider for substance abuse
6 treatment, in addition to any sentence or fine imposed under
7 this section, completion of all such education, evaluation,
8 and treatment is a condition of reporting probation. The
9 offender shall assume reasonable costs for such education,
10 evaluation, and treatment. The referral to treatment resulting
11 from a psychosocial evaluation shall not be waived without a
12 supporting independent psychosocial evaluation conducted by an
13 authorized substance abuse treatment provider appointed by the
14 court, which shall have access to the DUI program's
15 psychosocial evaluation before the independent psychosocial
16 evaluation is conducted. The court shall review the results
17 and recommendations of both evaluations before determining the
18 request for waiver. The offender shall bear the full cost of
19 this procedure. The term "substance abuse" means the abuse of
20 alcohol or any substance named or described in Schedules I
21 through V of s. 893.03. If an offender referred to treatment
22 under this subsection fails to report for or complete such
23 treatment or fails to complete the DUI program substance abuse
24 education course and evaluation, the DUI program shall notify
25 the court and the department of the failure. Upon receipt of
26 the notice, the department shall cancel the offender's driving
27 privilege, notwithstanding the terms of the court order or any
28 suspension or revocation of the driving privilege. The
29 department may temporarily reinstate the driving privilege on
30 a restricted basis upon verification from the DUI program that
31 the offender is currently participating in treatment and the
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1 DUI education course and evaluation requirement has been
2 completed. If the DUI program notifies the department of the
3 second failure to complete treatment, the department shall
4 reinstate the driving privilege only after notice of
5 completion of treatment from the DUI program. The
6 organization that conducts the substance abuse education and
7 evaluation may not provide required substance abuse treatment
8 unless a waiver has been granted to that organization by the
9 department. A waiver may be granted only if the department
10 determines, in accordance with its rules, that the service
11 provider that conducts the substance abuse education and
12 evaluation is the most appropriate service provider and is
13 licensed under chapter 397 or is exempt from such licensure. A
14 statistical referral report shall be submitted quarterly to
15 the department by each organization authorized to provide
16 services under this section.
17 (6) With respect to any person convicted of a
18 violation of subsection (1), regardless of any penalty imposed
19 pursuant to subsection (2), subsection (3), or subsection (4):
20 (a) For the first conviction, the court shall place
21 the defendant on probation for a period not to exceed 1 year
22 and, as a condition of such probation, shall order the
23 defendant to participate in public service or a community work
24 project for a minimum of 50 hours; or the court may order
25 instead, that any defendant pay an additional fine of $10 for
26 each hour of public service or community work otherwise
27 required, if, after consideration of the residence or location
28 of the defendant at the time public service or community work
29 is required, payment of the fine is in the best interests of
30 the state. However, the total period of probation and
31 incarceration may not exceed 1 year. The court must also, as a
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1 condition of probation, order the impoundment or
2 immobilization of the vehicle that was operated by or in the
3 actual control of the defendant or any one vehicle registered
4 in the defendant's name at the time of impoundment or
5 immobilization, for a period of 10 days or for the unexpired
6 term of any lease or rental agreement that expires within 10
7 days. The impoundment or immobilization must not occur
8 concurrently with the incarceration of the defendant. The
9 impoundment or immobilization order may be dismissed in
10 accordance with paragraph (e), paragraph (f), or paragraph
11 (g).
12 (b) For the second conviction for an offense that
13 occurs within a period of 5 years after the date of a prior
14 conviction for violation of this section, the court shall
15 order imprisonment for not less than 10 days. The court must
16 also, as a condition of probation, order the impoundment or
17 immobilization of the vehicle that was operated by or in the
18 actual control of the defendant or any one vehicle registered
19 in the defendant's name at the time of impoundment or
20 immobilization, for a period of 30 days or for the unexpired
21 term of any lease or rental agreement that expires within 30
22 days. The impoundment or immobilization must not occur
23 concurrently with the incarceration of the defendant. The
24 impoundment or immobilization order may be dismissed in
25 accordance with paragraph (e), paragraph (f), or paragraph
26 (g). At least 48 hours of confinement must be consecutive.
27 (c) For the third or subsequent conviction for an
28 offense that occurs within a period of 10 years after the date
29 of a prior conviction for violation of this section, the court
30 shall order imprisonment for not less than 30 days. The court
31 must also, as a condition of probation, order the impoundment
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1 or immobilization of the vehicle that was operated by or in
2 the actual control of the defendant or any one vehicle
3 registered in the defendant's name at the time of impoundment
4 or immobilization, for a period of 90 days or for the
5 unexpired term of any lease or rental agreement that expires
6 within 90 days. The impoundment or immobilization must not
7 occur concurrently with the incarceration of the defendant.
8 The impoundment or immobilization order may be dismissed in
9 accordance with paragraph (e), paragraph (f), or paragraph
10 (g). At least 48 hours of confinement must be consecutive.
11 (d) The court must at the time of sentencing the
12 defendant issue an order for the impoundment or immobilization
13 of a vehicle. Within 7 business days after the date that the
14 court issues the order of impoundment or immobilization, the
15 clerk of the court must send notice by certified mail, return
16 receipt requested, to the registered owner of each vehicle, if
17 the registered owner is a person other than the defendant, and
18 to each person of record claiming a lien against the vehicle.
19 (e) A person who owns but was not operating the
20 vehicle when the offense occurred may submit to the court a
21 police report indicating that the vehicle was stolen at the
22 time of the offense or documentation of having purchased the
23 vehicle after the offense was committed from an entity other
24 than the defendant or the defendant's agent. If the court
25 finds that the vehicle was stolen or that the sale was not
26 made to circumvent the order and allow the defendant continued
27 access to the vehicle, the order must be dismissed and the
28 owner of the vehicle will incur no costs. If the court denies
29 the request to dismiss the order of impoundment or
30 immobilization, the petitioner may request an evidentiary
31 hearing.
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1 (f) A person who owns but was not operating the
2 vehicle when the offense occurred, and whose vehicle was
3 stolen or who purchased the vehicle after the offense was
4 committed directly from the defendant or the defendant's
5 agent, may request an evidentiary hearing to determine whether
6 the impoundment or immobilization should occur. If the court
7 finds that either the vehicle was stolen or the purchase was
8 made without knowledge of the offense, that the purchaser had
9 no relationship to the defendant other than through the
10 transaction, and that such purchase would not circumvent the
11 order and allow the defendant continued access to the vehicle,
12 the order must be dismissed and the owner of the vehicle will
13 incur no costs.
14 (g) The court shall also dismiss the order of
15 impoundment or immobilization of the vehicle if the court
16 finds that the family of the owner of the vehicle has no other
17 private means of transportation.
18 (h) All costs and fees for the impoundment or
19 immobilization, including the cost of notification, must be
20 paid by the owner of the vehicle or, if the vehicle is leased
21 or rented, by the person leasing or renting the vehicle,
22 unless the impoundment or immobilization order is dismissed.
23 All provisions of s. 713.78 shall apply.
24 (i) The person who owns a vehicle that is impounded or
25 immobilized under this paragraph, or a person who has a lien
26 of record against such a vehicle and who has not requested a
27 review of the impoundment pursuant to paragraph (e), paragraph
28 (f), or paragraph (g), may, within 10 days after the date that
29 person has knowledge of the location of the vehicle, file a
30 complaint in the county in which the owner resides to
31 determine whether the vehicle was wrongfully taken or withheld
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1 from the owner or lienholder. Upon the filing of a complaint,
2 the owner or lienholder may have the vehicle released by
3 posting with the court a bond or other adequate security equal
4 to the amount of the costs and fees for impoundment or
5 immobilization, including towing or storage, to ensure the
6 payment of such costs and fees if the owner or lienholder does
7 not prevail. When the bond is posted and the fee is paid as
8 set forth in s. 28.24, the clerk of the court shall issue a
9 certificate releasing the vehicle. At the time of release,
10 after reasonable inspection, the owner or lienholder must give
11 a receipt to the towing or storage company indicating any loss
12 or damage to the vehicle or to the contents of the vehicle.
13 (j) A defendant, in the court's discretion, may be
14 required to serve all or any portion of a term of imprisonment
15 to which the defendant has been sentenced pursuant to this
16 section in a residential alcoholism treatment program or a
17 residential drug abuse treatment program. Any time spent in
18 such a program must be credited by the court toward the term
19 of imprisonment.
20
21 For the purposes of this section, any conviction for a
22 violation of s. 327.35; a previous conviction for the
23 violation of former s. 316.1931, former s. 327.351, former s.
24 860.01, or former s. 316.028; or a previous conviction outside
25 this state for driving or boating under the influence, driving
26 or boating while intoxicated, driving or boating with an
27 unlawful blood-alcohol level, driving or boating with an
28 unlawful breath-alcohol level, or any other similar
29 alcohol-related or drug-related traffic or boating offense, is
30 also considered a previous conviction for violation of this
31 section. However, in satisfaction of the fine imposed pursuant
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1 to this section, the court may, upon a finding that the
2 defendant is financially unable to pay either all or part of
3 the fine, order that the defendant participate for a specified
4 additional period of time in public service or a community
5 work project in lieu of payment of that portion of the fine
6 which the court determines the defendant is unable to pay. In
7 determining such additional sentence, the court shall consider
8 the amount of the unpaid portion of the fine and the
9 reasonable value of the services to be ordered; however, the
10 court may not compute the reasonable value of services at a
11 rate less than the federal minimum wage at the time of
12 sentencing.
13 (7) A conviction under this section does not bar any
14 civil suit for damages against the person so convicted.
15 (8) At the arraignment, or in conjunction with any
16 notice of arraignment provided by the clerk of the court, the
17 clerk shall provide any person charged with a violation of
18 this section with notice that upon conviction the court shall
19 suspend or revoke the offender's driver's license and that the
20 offender should make arrangements for transportation at any
21 proceeding in which the court may take such action. Failure
22 to provide such notice does not affect the court's suspension
23 or revocation of the offender's driver's license.
24 (9) A person who is arrested for a violation of this
25 section may not be released from custody:
26 (a) Until the person is no longer under the influence
27 of alcoholic beverages, any chemical substance set forth in s.
28 877.111, or any substance controlled under chapter 893 and
29 affected to the extent that his or her normal faculties are
30 impaired;
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1 (b) Until the person's blood-alcohol level or
2 breath-alcohol level is less than 0.05; or
3 (c) Until 8 hours have elapsed from the time the
4 person was arrested.
5 (10) The rulings of the Department of Highway Safety
6 and Motor Vehicles under s. 322.2615 shall not be considered
7 in any trial for a violation of this section. Testimony or
8 evidence from the administrative proceedings or any written
9 statement submitted by a person in his or her request for
10 administrative review is inadmissible into evidence or for any
11 other purpose in any criminal proceeding, unless timely
12 disclosed in criminal discovery pursuant to Rule 3.220,
13 Florida Rules of Criminal Procedure.
14 Section 2. Subsections (1), (2), (3), and (4) of
15 section 327.35, Florida Statutes, are amended to read:
16 327.35 Boating under the influence; penalties;
17 "designated drivers".--
18 (1) A person commits is guilty of the offense of
19 boating under the influence and is subject to punishment as
20 provided in subsection (2) if the person is operating a vessel
21 within this state and:
22 (a) The person is under the influence of alcoholic
23 beverages, any chemical substance set forth in s. 877.111, or
24 any substance controlled under chapter 893, when affected to
25 the extent that the person's normal faculties are impaired;
26 (b) The person has a blood-alcohol level of 0.08 or
27 more grams of alcohol per 100 milliliters of blood; or
28 (c) The person has a breath-alcohol level of 0.08 or
29 more grams of alcohol per 210 liters of breath.
30
31
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1 (2)(a) Except as provided in paragraph (b), subsection
2 (3), or subsection (4), any person who is convicted of a
3 violation of subsection (1) shall be punished:
4 1. By a fine of:
5 a. Not less than $250 or more than $500 for a first
6 conviction.
7 b. Not less than $500 or more than $1,000 for a second
8 conviction.
9 c. Not less than $1,000 or more than $2,500 for a
10 third conviction; and
11 2. By imprisonment for:
12 a. Not more than 6 months for a first conviction.
13 b. Not more than 9 months for a second conviction.
14 c. Not more than 12 months for a third conviction.
15 (b) Any person who is convicted of a fourth or
16 subsequent violation of this section commits is guilty of a
17 felony of the second third degree, punishable as provided in
18 s. 775.082, s. 775.083, or s. 775.084; however, the fine
19 imposed for such fourth or subsequent violation may not be
20 less than $1,000.
21 (3) Any person:
22 (a) Who is in violation of subsection (1);
23 (b) Who operates a vessel; and
24 (c) Who, by reason of such operation, causes:
25 1. Damage to the property or person of another valued
26 at $10,000 or less commits a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083.
28 2. Damage to the property of another valued in excess
29 of $10,000 commits a felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
31
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1 3.2. Serious bodily injury to another, as defined in
2 s. 316.1933, commits a felony of the second third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 4.3. The death of any human being commits BUI
6 manslaughter, and commits:
7 a. a felony of the first second degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 b. A felony of the first degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084, if:
11 (I) At the time of the accident, the person knew, or
12 should have known, that the accident occurred; and
13 (II) The person failed to give information and render
14 aid as required by s. 316.062.
15
16 This sub-subparagraph does not require that the person knew
17 that the accident resulted in injury or death.
18 (4) Any person who is convicted of a violation of
19 subsection (1) and who has a blood-alcohol level or
20 breath-alcohol level of 0.16 0.20 or higher, or any person who
21 is convicted of a violation of subsection (1) and who at the
22 time of the offense was accompanied in the vessel by a person
23 under the age of 18 years, shall be punished:
24 (a) By a fine of:
25 1. Not less than $500 or more than $1,000 for a first
26 conviction.
27 2. Not less than $1,000 or more than $2,000 for a
28 second conviction.
29 3. Not less than $2,000 or more than $5,000 for a
30 third conviction.
31 (b) By imprisonment for:
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1 1. Not more than 9 months for a first conviction.
2 2. Not more than 12 months for a second conviction.
3 3. Not more than 12 months for a third conviction.
4
5 For the purposes of this subsection, only the instant offense
6 is required to be a violation of subsection (1) by a person
7 who has a blood-alcohol level or breath-alcohol level of 0.16
8 0.20 or higher.
9 Section 3. Paragraphs (f), (g), (h), and (i) of
10 subsection (3) of section 921.0022, Florida Statutes, are
11 amended to read:
12 921.0022 Criminal Punishment Code; offense severity
13 ranking chart.--
14 (3) OFFENSE SEVERITY RANKING CHART
15
16 Florida Felony
17 Statute Degree Description
18
19 (f) LEVEL 6
20 316.027(1)(b) 2nd Accident involving death, failure
21 to stop; leaving scene.
22 316.193(2)(b) 2nd 3rd Felony DUI, 4th or subsequent
23 conviction.
24 775.0875(1) 3rd Taking firearm from law
25 enforcement officer.
26 775.21(10) 3rd Sexual predators; failure to
27 register; failure to renew
28 driver's license or
29 identification card.
30 784.021(1)(a) 3rd Aggravated assault; deadly weapon
31 without intent to kill.
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1 784.021(1)(b) 3rd Aggravated assault; intent to
2 commit felony.
3 784.041 3rd Felony battery.
4 784.048(3) 3rd Aggravated stalking; credible
5 threat.
6 784.048(5) 3rd Aggravated stalking of person
7 under 16.
8 784.07(2)(c) 2nd Aggravated assault on law
9 enforcement officer.
10 784.08(2)(b) 2nd Aggravated assault on a person 65
11 years of age or older.
12 784.081(2) 2nd Aggravated assault on specified
13 official or employee.
14 784.082(2) 2nd Aggravated assault by detained
15 person on visitor or other
16 detainee.
17 784.083(2) 2nd Aggravated assault on code
18 inspector.
19 787.02(2) 3rd False imprisonment; restraining
20 with purpose other than those in
21 s. 787.01.
22 790.115(2)(d) 2nd Discharging firearm or weapon on
23 school property.
24 790.161(2) 2nd Make, possess, or throw
25 destructive device with intent to
26 do bodily harm or damage
27 property.
28 790.164(1) 2nd False report of deadly explosive
29 or act of arson or violence to
30 state property.
31
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1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b) 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.13(2)(c) 2nd Robbery, no firearm or other
25 weapon (strong-arm robbery).
26 817.034(4)(a)1. 1st Communications fraud, value
27 greater than $50,000.
28 817.4821(5) 2nd Possess cloning paraphernalia
29 with intent to create cloned
30 cellular telephones.
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1 825.102(1) 3rd Abuse of an elderly person or
2 disabled adult.
3 825.102(3)(c) 3rd Neglect of an elderly person or
4 disabled adult.
5 825.1025(3) 3rd Lewd or lascivious molestation of
6 an elderly person or disabled
7 adult.
8 825.103(2)(c) 3rd Exploiting an elderly person or
9 disabled adult and property is
10 valued at less than $20,000.
11 827.03(1) 3rd Abuse of a child.
12 827.03(3)(c) 3rd Neglect of a child.
13 827.071(2)&(3) 2nd Use or induce a child in a sexual
14 performance, or promote or direct
15 such performance.
16 836.05 2nd Threats; extortion.
17 836.10 2nd Written threats to kill or do
18 bodily injury.
19 843.12 3rd Aids or assists person to escape.
20 847.0135(3) 3rd Solicitation of a child, via a
21 computer service, to commit an
22 unlawful sex act.
23 914.23 2nd Retaliation against a witness,
24 victim, or informant, with bodily
25 injury.
26 943.0435(9) 3rd Sex offenders; failure to comply
27 with reporting requirements.
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 (g) LEVEL 7
17 316.193(3)(c)3.2. 2nd DUI resulting in serious bodily
18 3rd injury.
19 327.35(3)(c)3.2. 2nd Vessel BUI resulting in serious
20 3rd bodily injury.
21 402.319(2) 2nd Misrepresentation and negligence
22 or intentional act resulting in
23 great bodily harm, permanent
24 disfiguration, permanent
25 disability, or death.
26 409.920(2) 3rd Medicaid provider fraud.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.051(3) 2nd Attempted felony murder of a
8 person by a person other than the
9 perpetrator or the perpetrator of
10 an attempted felony.
11 782.07(1) 2nd Killing of a human being by the
12 act, procurement, or culpable
13 negligence of another
14 (manslaughter).
15 782.071 2nd Killing of human being or viable
16 fetus by the operation of a motor
17 vehicle in a reckless manner
18 (vehicular homicide).
19 782.072 2nd Killing of a human being by the
20 operation of a vessel in a
21 reckless manner (vessel
22 homicide).
23 784.045(1)(a)1. 2nd Aggravated battery; intentionally
24 causing great bodily harm or
25 disfigurement.
26 784.045(1)(a)2. 2nd Aggravated battery; using deadly
27 weapon.
28 784.045(1)(b) 2nd Aggravated battery; perpetrator
29 aware victim pregnant.
30 784.048(4) 3rd Aggravated stalking; violation of
31 injunction or court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 796.03 2nd Procuring any person under 16
18 years for prostitution.
19 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
20 victim less than 12 years of age;
21 offender less than 18 years.
22 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
23 victim 12 years of age or older
24 but less than 16 years; offender
25 18 years or older.
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.
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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.
11 812.131(2)(a) 2nd Robbery by sudden snatching.
12 812.133(2)(b) 1st Carjacking; no firearm, deadly
13 weapon, or other weapon.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.1025(2) 2nd Lewd or lascivious battery upon
19 an elderly person or disabled
20 adult.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
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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.
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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. 3.a. 1st DUI manslaughter.
18 2nd
19 327.35(3)(c)4.3. 2nd Vessel BUI manslaughter.
20 777.03(2)(a) 1st Accessory after the fact, capital
21 felony.
22 782.04(4) 2nd Killing of human without design
23 when engaged in act or attempt of
24 any felony other than arson,
25 sexual battery, robbery,
26 burglary, kidnapping, aircraft
27 piracy, or unlawfully discharging
28 bomb.
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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) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st 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.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.13(2)(b) 1st Robbery with a weapon.
30 812.135(2) 1st Home-invasion robbery.
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1 825.102(2) 2nd Aggravated abuse of an elderly
2 person or disabled adult.
3 825.103(2)(a) 1st Exploiting an elderly person or
4 disabled adult and property is
5 valued at $100,000 or more.
6 837.02(2) 2nd Perjury in official proceedings
7 relating to prosecution of a
8 capital felony.
9 837.021(2) 2nd Making contradictory statements
10 in official proceedings relating
11 to prosecution of a capital
12 felony.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
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1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 895.03(1) 1st Use or invest proceeds derived
25 from pattern of racketeering
26 activity.
27 895.03(2) 1st Acquire or maintain through
28 racketeering activity any
29 interest in or control of any
30 enterprise or real property.
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1 895.03(3) 1st Conduct or participate in any
2 enterprise through pattern of
3 racketeering activity.
4 (i) LEVEL 9
5 316.193
6 (3)(c)3.b. 1st DUI manslaughter; failing to
7 render aid or give information.
8 782.04(1) 1st Attempt, conspire, or solicit to
9 commit premeditated murder.
10 782.04(3) 1st,PBL Accomplice to murder in
11 connection with arson, sexual
12 battery, robbery, burglary, and
13 other specified felonies.
14 782.051(1) 1st Attempted felony murder while
15 perpetrating or attempting to
16 perpetrate a felony enumerated in
17 s. 782.04(3).
18 782.07(2) 1st Aggravated manslaughter of an
19 elderly person or disabled adult.
20 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
21 reward or as a shield or hostage.
22 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
23 or facilitate commission of any
24 felony.
25 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
26 interfere with performance of any
27 governmental or political
28 function.
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 794.011(2) 1st Attempted sexual battery; victim
10 less than 12 years of age.
11 794.011(2) Life Sexual battery; offender younger
12 than 18 years and commits sexual
13 battery on a person less than 12
14 years.
15 794.011(4) 1st Sexual battery; victim 12 years
16 or older, certain circumstances.
17 794.011(8)(b) 1st Sexual battery; engage in sexual
18 conduct with minor 12 to 18 years
19 by person in familial or
20 custodial authority.
21 800.04(5)(b) 1st Lewd or lascivious molestation;
22 victim less than 12 years;
23 offender 18 years or older.
24 812.13(2)(a) 1st,PBL Robbery with firearm or other
25 deadly weapon.
26 812.133(2)(a) 1st,PBL Carjacking; firearm or other
27 deadly weapon.
28 827.03(2) 1st Aggravated child abuse.
29 847.0145(1) 1st Selling, or otherwise
30 transferring custody or control,
31 of a minor.
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1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning food, drink, medicine,
5 or water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 Section 4. Paragraph (a) of subsection (4) of section
29 322.28, Florida Statutes, is amended to read:
30 322.28 Period of suspension or revocation.--
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1 (4)(a) Upon a conviction for a violation of s.
2 316.193(3)(c)3.2., involving serious bodily injury, a
3 conviction of manslaughter resulting from the operation of a
4 motor vehicle, or a conviction of vehicular homicide, the
5 court shall revoke the driver's license of the person
6 convicted for a minimum period of 3 years. If a conviction
7 under s. 316.193(3)(c)3.2., involving serious bodily injury,
8 is also a subsequent conviction as described under paragraph
9 (2)(a), the court shall revoke the driver's license or driving
10 privilege of the person convicted for the period applicable as
11 provided in paragraph (2)(a) or paragraph (2)(e).
12 Section 5. Paragraph (j) of subsection (3) of section
13 947.146, Florida Statutes, is amended to read:
14 947.146 Control Release Authority.--
15 (3) Within 120 days prior to the date the state
16 correctional system is projected pursuant to s. 216.136 to
17 exceed 99 percent of total capacity, the authority shall
18 determine eligibility for and establish a control release date
19 for an appropriate number of parole ineligible inmates
20 committed to the department and incarcerated within the state
21 who have been determined by the authority to be eligible for
22 discretionary early release pursuant to this section. In
23 establishing control release dates, it is the intent of the
24 Legislature that the authority prioritize consideration of
25 eligible inmates closest to their tentative release date. The
26 authority shall rely upon commitment data on the offender
27 information system maintained by the department to initially
28 identify inmates who are to be reviewed for control release
29 consideration. The authority may use a method of objective
30 risk assessment in determining if an eligible inmate should be
31 released. Such assessment shall be a part of the department's
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1 management information system. However, the authority shall
2 have sole responsibility for determining control release
3 eligibility, establishing a control release date, and
4 effectuating the release of a sufficient number of inmates to
5 maintain the inmate population between 99 percent and 100
6 percent of total capacity. Inmates who are ineligible for
7 control release are inmates who are parole eligible or inmates
8 who:
9 (j) Are convicted, or have been previously convicted,
10 of DUI manslaughter under s. 316.193(3)(c)4.3., and are
11 sentenced, or have been sentenced at any time, as a habitual
12 offender for such offense, or have been sentenced at any time
13 in another jurisdiction as a habitual offender for such
14 offense;
15
16 In making control release eligibility determinations under
17 this subsection, the authority may rely on any document
18 leading to or generated during the course of the criminal
19 proceedings, including, but not limited to, any presentence or
20 postsentence investigation or any information contained in
21 arrest reports relating to circumstances of the offense.
22 Section 6. This act shall take effect October 1, 2000.
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1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions of law relating to driving or boating
4 under the influence to:
1. Increase the penalty imposed for a fourth or
5 subsequent conviction for DUI.
2. Increase the penalties for causing damage to
6 property over a described amount.
3. Increase the penalties for causing serious
7 bodily injury while operating under the influence.
4. Lower the blood-alcohol level threshold for
8 enhanced penalties for DUI and boating under the
influence from 0.20 to 0.16.
9 5. Eliminate provisions that impose an enhanced
penalty if a person has caused the death of another while
10 driving under the influence, knew or should have known
that the accident occurred, and failed to provide
11 information and render aid.
6. Provide that previous convictions for boating
12 under the influence are to be considered for purposes of
penalties.
13
14 See bill for details.
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