Senate Bill 1506c1

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    Florida Senate - 2000                           CS for SB 1506

    By the Committee on Criminal Justice and Senator Diaz-Balart





    307-2114-00

  1                      A bill to be entitled

  2         An act relating to driving or boating under the

  3         influence of alcohol or controlled substances;

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

  5         of convictions required for a felony DUI;

  6         amending conditions for conviction in cases of

  7         accident, serious bodily injury, or death;

  8         removing a cross-reference; allowing a law

  9         enforcement officer to place a person in

10         protective custody under certain circumstances;

11         requiring a person placed in protective custody

12         to pay reasonable costs of evaluation and

13         treatment under certain circumstances; amending

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

15         officer to inform a person that refusal to

16         submit to certain tests is a misdemeanor;

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

18         to submit to a blood test under certain

19         circumstances; providing that the test need not

20         be incidental to a lawful arrest; providing

21         that a breath alcohol test may substitute for a

22         blood alcohol test under certain circumstances;

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

24         for refusing to submit to a chemical test of

25         breath, urine, or blood; providing application;

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

27         of convictions required for a felony BUI;

28         amending conditions for conviction in cases of

29         accident, serious bodily injury, or death;

30         correcting cross-references; allowing a law

31         enforcement officer to place a person in

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  1         protective custody under certain circumstances;

  2         requiring a person placed in protective custody

  3         to pay reasonable costs of evaluation and

  4         treatment under certain circumstances; amending

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

  6         officer to inform a person that refusal to

  7         submit to certain tests is a misdemeanor;

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

  9         to submit to a blood test under certain

10         circumstances; providing that the test need not

11         be incidental to a lawful arrest; providing

12         that a breath alcohol test may substitute for a

13         blood alcohol test under certain circumstances;

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

15         for refusing to submit to a chemical test of

16         breath, urine, or blood; providing application;

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

18         for which a court may determine that criteria

19         exist for involuntary admission and treatment

20         of certain persons; requiring payment for such

21         evaluation and treatment from a certain fund;

22         requiring persons placed in such involuntary

23         custody to reimburse the provider of services

24         under certain circumstances; amending s.

25         921.0022, F.S.; including certain BUI offenses

26         within the offense severity ranking chart;

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

28         application of a fee to persons found guilty of

29         boating under the influence; correcting a

30         cross-reference; providing an effective date.

31

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

  2

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

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

  5         316.193  Driving under the influence; penalties.--

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

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

  8  violation of subsection (1) shall be punished:

  9         1.  By a fine of:

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

11  conviction.

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

13  conviction.

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

15  third conviction; and

16         2.  By imprisonment for:

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

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

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

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

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

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

23  775.083, or s. 775.084; however, the fine imposed for such

24  third fourth or subsequent violation may be not less than

25  $1,000.

26         (3)  Any person:

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

28         (b)  Who operates a vehicle; and

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

30  contributes to the cause of:

31

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

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

  3  s. 775.082 or s. 775.083.

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

  5  316.1933, commits a felony of the third degree, punishable as

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

  7         3.  The death of any human being commits DUI

  8  manslaughter, and commits:

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

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

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

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

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

14  should have known, that the crash occurred; and

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

16  aid as required by s. 316.062.

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

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

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

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

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

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

23         (a)  By a fine of:

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

25  conviction.

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

27  second conviction.

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

29  third or subsequent conviction.

30         (b)  By imprisonment for:

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

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

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

  3

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

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

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

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

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

  9  this section may not be released from custody:

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

11  influence of alcoholic beverages, any chemical substance set

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

13  893 and affected to the extent that his or her normal

14  faculties are impaired;

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

16  breath-alcohol level is less than 0.05; or

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

18  person was arrested.

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

20  protective custody pursuant to s. 397.6772 if:

21         1.  The person has previously been convicted of a

22  violation of this section or s. 327.35;

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

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

25  person's arrest, was 0.20 or greater;

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

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

28  in s. 316.1933; or

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

30  offense under this section or s. 327.35.

31

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

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

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

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

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

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

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

  8  placed in protective custody pursuant to this paragraph who is

  9  subsequently convicted of a violation of this section to pay

10  the reasonable costs of evaluation and treatment.

11         Section 2.  Section 316.1932, Florida Statutes, is

12  amended to read:

13         316.1932  Breath, blood, and urine tests for alcohol,

14  chemical substances, or controlled substances; implied

15  consent; refusal right to refuse.--

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

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

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

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

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

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

22  determining the alcoholic content of his or her blood or

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

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

25  controlled substances, if the person is lawfully 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, chemical

29  substances, or controlled substances.  The chemical or

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

31  administered at the request of a law enforcement officer who

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

  2  in actual physical control of the motor vehicle within this

  3  state while under the influence of alcoholic beverages. The

  4  urine test must be incidental to a lawful arrest and

  5  administered at a detention facility or any other facility,

  6  mobile or otherwise, which is equipped to administer such

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

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

  9  actual physical control of a motor vehicle within this state

10  while under the influence of controlled substances. The urine

11  test shall be administered at a detention facility or any

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

13  administer such tests in a reasonable manner that will ensure

14  the accuracy of the specimen and maintain the privacy of the

15  individual involved. The administration of one type of test

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

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

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

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

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

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

22  the driving privilege of such person has been previously

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

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

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

26  officer as provided in this section is admissible into

27  evidence in any criminal proceeding.

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

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

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

31  breath.

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

  2  considered valid under this section, must have been performed

  3  substantially according to methods approved by the Department

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

  5  approve satisfactory techniques or methods.  Any insubstantial

  6  differences between approved techniques and actual testing

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

  8  test results invalid.

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

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

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

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

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

14  blood test for the purpose of determining the presence of

15  chemical substances or controlled substances as provided in

16  this section if there is reasonable cause to believe the

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

18  vehicle while under the influence of alcoholic beverages or

19  chemical or controlled substances and the person appears for

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

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

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

23  facility" includes an ambulance or other medical emergency

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

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

26  unconsciousness or other mental or physical condition is

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10  admissible in evidence in any criminal proceeding.

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

12  chemical or physical breath test of the person arrested for

13  any offense allegedly committed while the person was driving

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

15  under the influence of alcoholic beverages or controlled

16  substances, such person may request the arresting officer to

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

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

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

20  breath or the presence of chemical substances or controlled

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

22  have the test performed.

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

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

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

26  consent to the provisions of this section.

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

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

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

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

31  of this section.

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

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

  3  renewed driver's license.

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

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

  6  request of a law enforcement officer substantially in

  7  accordance with rules of the Department of Law Enforcement.

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

  9  approved by the Department of Law Enforcement for reliability

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

11  approved method of administration which must be followed in

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

13  of a law enforcement officer to request the withdrawal of

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

15  withdrawn for medical purposes.

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

17  nurse, licensed practical nurse, other personnel authorized by

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

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

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

21  for the purpose of determining its alcoholic content or the

22  presence of chemical substances or controlled substances

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

24  request the withdrawal of blood does not affect the

25  admissibility of a test of blood withdrawn for medical

26  purposes.

27         b.  Notwithstanding any provision of law pertaining to

28  the confidentiality of hospital records or other medical

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

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

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

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

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

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

  4  care provider may notify any law enforcement officer or law

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

  6  reasonable time after the health care provider receives the

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

  8  purpose of providing the law enforcement officer with

  9  reasonable cause to request the withdrawal of a blood sample

10  pursuant to this section.

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

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

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

14  date and time of the administration of the test.

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

16  any applicable practice act affects the authority to provide

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

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

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

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

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

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

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

24  be brought against any person or health care provider

25  participating in good faith in the provision of notice or

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

27  person or health care provider participating in the provision

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

29  section shall be immune from any civil or criminal liability

30  and from any professional disciplinary action with respect to

31  the provision of notice or failure to provide notice under

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

  2  respect to participating in any judicial proceedings resulting

  3  from the notice or failure to provide notice.

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

  5  have a physician, registered nurse, other personnel authorized

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

  7  laboratory director, supervisor, technologist, or technician,

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

  9  independent test in addition to the test administered at the

10  direction of the law enforcement officer for the purpose of

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

12  breath or the presence of chemical substances or controlled

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

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

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

16  independent test by a person does not preclude the

17  admissibility in evidence of the test taken at the direction

18  of the law enforcement officer.  The law enforcement officer

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

20  the independent test and shall provide the person with timely

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

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

23  expense.

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

25  information concerning the test taken at the direction of the

26  law enforcement officer shall be made available to the person

27  or his or her attorney.

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

29  similar medical institution or physician, certified paramedic,

30  registered nurse, licensed practical nurse, other personnel

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

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  1  clinical laboratory director, supervisor, technologist, or

  2  technician, or other person assisting a law enforcement

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

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

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

  6  breath pursuant to accepted medical standards when requested

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

  8  subject resisted administration of the test.

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

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

11  controlled substance shall not be admissible as evidence in a

12  criminal prosecution for the possession of a controlled

13  substance.

14         (3)  Notwithstanding any provision of law pertaining to

15  the confidentiality of hospital records or other medical

16  records, information relating to the alcoholic content of the

17  blood or breath or the presence of chemical substances or

18  controlled substances in the blood obtained pursuant to this

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

20  defense attorney, or law enforcement officer in connection

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

22  information.

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

24  Statutes, is amended to read:

25         316.1933  Blood test for impairment or intoxication in

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

27  reasonable force.--

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

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

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

31  If a law enforcement officer has probable cause to believe

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

  2  control of a person under the influence of alcoholic

  3  beverages, any chemical substances, or any controlled

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

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

  6  law enforcement officer shall require the person driving or in

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

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

  9  alcoholic content thereof or the presence of chemical

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

11  controlled under chapter 893.  The law enforcement officer may

12  use reasonable force if necessary to require such person to

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

14  test shall be performed in a reasonable manner.

15  Notwithstanding s. 316.1932, the testing required by this

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

17  person.

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

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

20  physical condition that creates a substantial risk of death,

21  serious personal disfigurement, or protracted loss or

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

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

24  subject to a blood test under this subsection the opportunity

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

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

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

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

29  mental or physical condition does not allow the administration

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

31  officer has probable cause to believe was operating a motor

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  1  vehicle under the influence of any chemical substances as set

  2  forth in s. 877.111 or any controlled substances.

  3         Section 4.  Section 316.1939, Florida Statutes, is

  4  created to read:

  5         316.1939  Refusal to submit to testing; penalties.--

  6         (1)  Any person who refuses to submit to a chemical or

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

  8  described in s. 316.1932, and:

  9         (a)  Whom the arresting law enforcement officer had

10  probable cause to believe was driving or in actual physical

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

12  influence of alcoholic beverages or controlled substances;

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

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

15  316.1932(1)(c);

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

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

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

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

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

21  misdemeanor; and

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

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

24  enforcement officer or correctional officer

25

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

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

28         (2)  The disposition of any administrative proceeding

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

30  does not affect a criminal action under this section.

31

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

  2  section does not affect any administrative proceeding that

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

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

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

  6         327.35  Boating under the influence; penalties;

  7  "designated drivers".--

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

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

10  violation of subsection (1) shall be punished:

11         1.  By a fine of:

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

13  conviction.

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

15  conviction.

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

17  third conviction; and

18         2.  By imprisonment for:

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

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

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

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

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

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

25  775.083, or s. 775.084; however, the fine imposed for such

26  third fourth or subsequent violation may not be less than

27  $1,000.

28         (3)  Any person:

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

30         (b)  Who operates a vessel; and

31

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

  2  contributes to the cause of:

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

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

  5  s. 775.082 or s. 775.083.

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

  7  327.353 316.1933, commits a felony of the third degree,

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

  9  775.084.

10         3.  The death of any human being commits BUI

11  manslaughter, and commits:

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

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

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

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

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

17  should have known, that the accident occurred; and

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

19  aid as required by s. 327.30 316.062.

20

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

22  that the accident resulted in injury or death.

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

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

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

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

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

28  the age of 18 years, shall be punished:

29         (a)  By a fine of:

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

31  conviction.

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

  2  second conviction.

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

  4  third or subsequent conviction.

  5         (b)  By imprisonment for:

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

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

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

  9

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

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

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

13  or higher.

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

15  this section may not be released from custody:

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

17  influence of alcoholic beverages, any chemical substance set

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

19  893 and affected to the extent that his or her normal

20  faculties are impaired;

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

22  breath-alcohol level is less than 0.05; or

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

24  person was arrested.

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

26  protective custody pursuant to s. 397.6772 if:

27         1.  The person has previously been convicted of a

28  violation of this section or s. 316.193;

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

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

31  person's arrest, was 0.20 or greater;

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

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

  3  327.353; or

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

  5  offense under this section or s. 316.193.

  6

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

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

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

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

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

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

13  protective custody pursuant to this paragraph, who is

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

15  the reasonable costs of evaluation and treatment.

16         Section 6.  Section 327.352, Florida Statutes, is

17  amended to read:

18         327.352  Breath, blood, and urine tests for alcohol,

19  chemical substances, or controlled substances; implied

20  consent; refusal right to refuse.--

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

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

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

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

25  incidence of boating while impaired or intoxicated be

26  established. Therefore, any person who accepts the privilege

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

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

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

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

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

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  1  determining the alcoholic content of his or her blood or

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

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

  4  controlled substances, if the person is lawfully arrested for

  5  any offense allegedly committed while the person was operating

  6  a vessel while under the influence of alcoholic beverages,

  7  chemical substances, or controlled substances.  The chemical

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

  9  and administered at the request of a law enforcement officer

10  who has reasonable cause to believe such person was operating

11  the vessel within this state while under the influence of

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

13  lawful arrest and administered at a detention facility or any

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

15  administer such tests at the request of a law enforcement

16  officer who has reasonable cause to believe such person was

17  operating a vessel within this state while under the influence

18  of controlled substances. The urine test shall be administered

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

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

21  reasonable manner that will ensure the accuracy of the

22  specimen and maintain the privacy of the individual involved.

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

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

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

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

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

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

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

30  section is admissible into evidence in any criminal

31  proceeding.

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

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

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

  4  breath.

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

  6  considered valid under this section, must have been performed

  7  substantially according to methods approved by the Department

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

  9  approve satisfactory techniques or methods.  Any insubstantial

10  differences between approved techniques and actual testing

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

12  test results invalid.

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

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

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

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

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

18  for the purpose of determining the presence of chemical

19  substances or controlled substances as provided in this

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

21  operating a vessel while under the influence of alcoholic

22  beverages or chemical or controlled substances and the person

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

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

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

26  "other medical facility" includes an ambulance or other

27  medical emergency vehicle. The blood test shall be performed

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

29  refusal by reason of unconsciousness or other mental or

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

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

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

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

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

  4  upon the request of a law enforcement officer shall be

  5  admissible in evidence in any criminal proceeding.

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

  7  chemical or physical breath test of the person arrested for

  8  any offense allegedly committed while the person was operating

  9  a vessel while under the influence of alcoholic beverages or

10  controlled substances, the person may request the arresting

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

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

13  the purpose of determining the alcoholic content of the

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

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

16  arresting officer shall have the test performed.

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

10  have a physician, registered nurse, other personnel authorized

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

12  laboratory director, supervisor, technologist, or technician,

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

14  independent test in addition to the test administered at the

15  direction of the law enforcement officer for the purpose of

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

17  breath or the presence of chemical substances or controlled

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

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

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

21  independent test by a person does not preclude the

22  admissibility in evidence of the test taken at the direction

23  of the law enforcement officer.  The law enforcement officer

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

25  the independent test and shall provide the person with timely

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

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

28  expense.

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

30  information concerning the test taken at the direction of the

31

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  1  law enforcement officer shall be made available to the person

  2  or his or her attorney.

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

  4  similar medical institution or physician, certified paramedic,

  5  registered nurse, licensed practical nurse, other personnel

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

  7  clinical laboratory director, supervisor, technologist, or

  8  technician, or other person assisting a law enforcement

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

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

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

12  breath pursuant to accepted medical standards when requested

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

14  subject resisted administration of the test.

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

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

17  controlled substance shall not be admissible as evidence in a

18  criminal prosecution for the possession of a controlled

19  substance.

20         (3)  Notwithstanding any provision of law pertaining to

21  the confidentiality of hospital records or other medical

22  records, information relating to the alcoholic content of the

23  blood or breath or the presence of chemical substances or

24  controlled substances in the blood obtained pursuant to this

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

26  defense attorney, or law enforcement officer in connection

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

28  information.

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

30  Statutes, is amended to read:

31

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  1         327.353  Blood test for impairment or intoxication in

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

  3  reasonable force.--

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

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

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

  7  If a law enforcement officer has probable cause to believe

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

  9  alcoholic beverages, any chemical substances, or any

10  controlled substances has caused the death or serious bodily

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

12  request of a law enforcement officer shall require the person

13  operating or in actual physical control of the vessel to

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

15  determining the alcoholic content thereof or the presence of

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

17  substance controlled under chapter 893. The law enforcement

18  officer may use reasonable force if necessary to require the

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

20  blood test shall be performed in a reasonable manner.

21  Notwithstanding s. 327.352, the testing required by this

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

23  person.

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

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

26  physical condition that creates a substantial risk of death,

27  serious personal disfigurement, or protracted loss or

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

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

30  subject to a blood test under this subsection the opportunity

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

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

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

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

  4  physical condition does not allow the administration of a

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

  6  probable cause to believe was operating a vessel under the

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

  8  877.111 or any controlled substances.

  9         Section 8.  Section 327.359, Florida Statutes, is

10  created to read:

11         327.359  Refusal to submit to testing; penalties.--

12         (1)  Any person who refuses to submit to a chemical

13  test of his or her breath, blood, or urine, as described in s.

14  327.352, upon the request of a law enforcement officer who has

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

16  actual physical control of a vessel while under the influence

17  of alcoholic beverages, chemical substances, or controlled

18  substances, commits a misdemeanor of the first degree,

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

20         (2)  The disposition of any administrative proceeding

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

22  does not affect a criminal action under this section.

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

24  section does not affect any administrative proceeding that

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

26         Section 9.  Section 397.6755, Florida Statutes, is

27  created to read:

28         397.6755  Evidence of criteria for involuntary

29  admissions and involuntary treatment; funding.--

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

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

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  1  with respect to substance use and is likely to inflict

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

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

  4  respect to substance use and is likely to inflict physical

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

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

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

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

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

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

11  person's arrest, was 0.20 or greater;

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

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

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

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

16  offense under s. 316.193 or s. 327.35.

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

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

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

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

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

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

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

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

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

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

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

28  such fund shall be entered.

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

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

31

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  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8

  9                              (f)  LEVEL 6

10  316.027(1)(b)      2nd      Accident involving death, failure

11                              to stop; leaving scene.

12  316.193(2)(b)      3rd      Felony DUI, 3rd 4th or subsequent

13                              conviction.

14  327.35(2)(b)       3rd      Felony BUI, 3rd or subsequent

15                              conviction.

16  775.0875(1)        3rd      Taking firearm from law

17                              enforcement officer.

18  775.21(10)         3rd      Sexual predators; failure to

19                              register; failure to renew

20                              driver's license or

21                              identification card.

22  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

23                              without intent to kill.

24  784.021(1)(b)      3rd      Aggravated assault; intent to

25                              commit felony.

26  784.041            3rd      Felony battery.

27  784.048(3)         3rd      Aggravated stalking; credible

28                              threat.

29  784.048(5)         3rd      Aggravated stalking of person

30                              under 16.

31

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  1  784.07(2)(c)       2nd      Aggravated assault on law

  2                              enforcement officer.

  3  784.08(2)(b)       2nd      Aggravated assault on a person 65

  4                              years of age or older.

  5  784.081(2)         2nd      Aggravated assault on specified

  6                              official or employee.

  7  784.082(2)         2nd      Aggravated assault by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(2)         2nd      Aggravated assault on code

11                              inspector.

12  787.02(2)          3rd      False imprisonment; restraining

13                              with purpose other than those in

14                              s. 787.01.

15  790.115(2)(d)      2nd      Discharging firearm or weapon on

16                              school property.

17  790.161(2)         2nd      Make, possess, or throw

18                              destructive device with intent to

19                              do bodily harm or damage

20                              property.

21  790.164(1)         2nd      False report of deadly explosive

22                              or act of arson or violence to

23                              state property.

24  790.19             2nd      Shooting or throwing deadly

25                              missiles into dwellings, vessels,

26                              or vehicles.

27  794.011(8)(a)      3rd      Solicitation of minor to

28                              participate in sexual activity by

29                              custodial adult.

30  794.05(1)          2nd      Unlawful sexual activity with

31                              specified minor.

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  1  800.04(5)(d)       3rd      Lewd or lascivious molestation;

  2                              victim 12 years of age or older

  3                              but less than 16 years; offender

  4                              less than 18 years.

  5  800.04(6)(b)       2nd      Lewd or lascivious conduct;

  6                              offender 18 years of age or

  7                              older.

  8  806.031(2)         2nd      Arson resulting in great bodily

  9                              harm to firefighter or any other

10                              person.

11  810.02(3)(c)       2nd      Burglary of occupied structure;

12                              unarmed; no assault or battery.

13  812.014(2)(b)      2nd      Property stolen $20,000 or more,

14                              but less than $100,000, grand

15                              theft in 2nd degree.

16  812.13(2)(c)       2nd      Robbery, no firearm or other

17                              weapon (strong-arm robbery).

18  817.034(4)(a)1.    1st      Communications fraud, value

19                              greater than $50,000.

20  817.4821(5)        2nd      Possess cloning paraphernalia

21                              with intent to create cloned

22                              cellular telephones.

23  825.102(1)         3rd      Abuse of an elderly person or

24                              disabled adult.

25  825.102(3)(c)      3rd      Neglect of an elderly person or

26                              disabled adult.

27  825.1025(3)        3rd      Lewd or lascivious molestation of

28                              an elderly person or disabled

29                              adult.

30

31

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  1  825.103(2)(c)      3rd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at less than $20,000.

  4  827.03(1)          3rd      Abuse of a child.

  5  827.03(3)(c)       3rd      Neglect of a child.

  6  827.071(2)&(3)     2nd      Use or induce a child in a sexual

  7                              performance, or promote or direct

  8                              such performance.

  9  836.05             2nd      Threats; extortion.

10  836.10             2nd      Written threats to kill or do

11                              bodily injury.

12  843.12             3rd      Aids or assists person to escape.

13  847.0135(3)        3rd      Solicitation of a child, via a

14                              computer service, to commit an

15                              unlawful sex act.

16  914.23             2nd      Retaliation against a witness,

17                              victim, or informant, with bodily

18                              injury.

19  943.0435(9)        3rd      Sex offenders; failure to comply

20                              with reporting requirements.

21  944.35(3)(a)2.     3rd      Committing malicious battery upon

22                              or inflicting cruel or inhuman

23                              treatment on an inmate or

24                              offender on community

25                              supervision, resulting in great

26                              bodily harm.

27  944.40             2nd      Escapes.

28  944.46             3rd      Harboring, concealing, aiding

29                              escaped prisoners.

30

31

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

  2                              (firearm, weapon, or explosive)

  3                              into correctional facility.

  4  951.22(1)          3rd      Intoxicating drug, firearm, or

  5                              weapon introduced into county

  6                              facility.

  7                              (i)  LEVEL 9

  8  316.193

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

10                              render aid or give information.

11  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

12                              render aid or give information.

13  782.04(1)          1st      Attempt, conspire, or solicit to

14                              commit premeditated murder.

15  782.04(3)          1st,PBL   Accomplice to murder in

16                              connection with arson, sexual

17                              battery, robbery, burglary, and

18                              other specified felonies.

19  782.051(1)         1st      Attempted felony murder while

20                              perpetrating or attempting to

21                              perpetrate a felony enumerated in

22                              s. 782.04(3).

23  782.07(2)          1st      Aggravated manslaughter of an

24                              elderly person or disabled adult.

25  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

26                              reward or as a shield or hostage.

27  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

28                              or facilitate commission of any

29                              felony.

30

31

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






    Florida Senate - 2000                           CS for SB 1506
    307-2114-00




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

  2                              interfere with performance of any

  3                              governmental or political

  4                              function.

  5  787.02(3)(a)       1st      False imprisonment; child under

  6                              age 13; perpetrator also commits

  7                              aggravated child abuse, sexual

  8                              battery, or lewd or lascivious

  9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  794.011(2)         1st      Attempted sexual battery; victim

14                              less than 12 years of age.

15  794.011(2)         Life     Sexual battery; offender younger

16                              than 18 years and commits sexual

17                              battery on a person less than 12

18                              years.

19  794.011(4)         1st      Sexual battery; victim 12 years

20                              or older, certain circumstances.

21  794.011(8)(b)      1st      Sexual battery; engage in sexual

22                              conduct with minor 12 to 18 years

23                              by person in familial or

24                              custodial authority.

25  800.04(5)(b)       1st      Lewd or lascivious molestation;

26                              victim less than 12 years;

27                              offender 18 years or older.

28  812.13(2)(a)       1st,PBL  Robbery with firearm or other

29                              deadly weapon.

30  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

31                              deadly weapon.

                                  33

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






    Florida Senate - 2000                           CS for SB 1506
    307-2114-00




  1  827.03(2)          1st      Aggravated child abuse.

  2  847.0145(1)        1st      Selling, or otherwise

  3                              transferring custody or control,

  4                              of a minor.

  5  847.0145(2)        1st      Purchasing, or otherwise

  6                              obtaining custody or control, of

  7                              a minor.

  8  859.01             1st      Poisoning food, drink, medicine,

  9                              or water with intent to kill or

10                              injure another person.

11  893.135            1st      Attempted capital trafficking

12                              offense.

13  893.135(1)(a)3.    1st      Trafficking in cannabis, more

14                              than 10,000 lbs.

15  893.135

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

17                              400 grams, less than 150

18                              kilograms.

19  893.135

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

21                              more than 28 grams, less than 30

22                              kilograms.

23  893.135

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

25                              more than 400 grams.

26  893.135

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

28                              than 25 kilograms.

29  893.135

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

31                              than 200 grams.

                                  34

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






    Florida Senate - 2000                           CS for SB 1506
    307-2114-00




  1         Section 11.  Section 938.07, Florida Statutes, is

  2  amended to read:

  3         938.07  Driving or boating under the

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

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

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

  7  shall be deposited in the Emergency Medical Services Trust

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

  9  and Training Trust Fund of the Department of Law Enforcement

10  to be used for operational expenses in conducting the

11  statewide criminal analysis laboratory system established in

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

13  Cord Injury Rehabilitation Trust Fund created in s. 381.79

14  413.613.

15         Section 12.  This act shall take effect January 1,

16  2001.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1506

20

21  -     Deletes appropriation to FDLE.

22  -     Requires probable cause to believe the driver is under
          the influence before a law enforcement officer can order
23        mandatory blood tests.

24  -     Prescribes the steps that a law enforcement officer must
          take before being able to charge the newly created
25        misdemeanor.

26

27

28

29

30

31

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