Senate Bill 0814
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Florida Senate - 2000 SB 814
By Senator Rossin
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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; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 316.193, Florida Statutes, is
7 amended to read:
8 316.193 Driving under the influence; penalties.--
9 (1) A person commits is guilty of the offense of
10 driving under the influence and is subject to punishment as
11 provided in subsection (2) if the person is driving or in
12 actual physical control of a vehicle within this state and:
13 (a) The person is under the influence of alcoholic
14 beverages, any chemical substance set forth in s. 877.111, or
15 any substance controlled under chapter 893, when affected to
16 the extent that the person's normal faculties are impaired;
17 (b) The person has a blood-alcohol level of 0.08 or
18 more grams of alcohol per 100 milliliters of blood; or
19 (c) The person has a breath-alcohol level of 0.08 or
20 more grams of alcohol per 210 liters of breath.
21 (2)(a) Except as provided in paragraph (b), subsection
22 (3), or subsection (4), any person who is convicted of a
23 violation of subsection (1) shall be punished:
24 1. By a fine of:
25 a. Not less than $250 or more than $500 for a first
26 conviction.
27 b. Not less than $500 or more than $1,000 for a second
28 conviction.
29 c. Not less than $1,000 or more than $2,500 for a
30 third conviction; and
31 2. By imprisonment for:
2
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1 a. Not more than 6 months for a first conviction.
2 b. Not more than 9 months for a second conviction.
3 c. Not more than 12 months for a third conviction.
4 (b) Any person who is convicted of a fourth or
5 subsequent violation of this section is guilty of a felony of
6 the second third degree, punishable as provided in s. 775.082,
7 s. 775.083, or s. 775.084; however, the fine imposed for such
8 fourth or subsequent violation may be not less than $1,000.
9 (3) Any person:
10 (a) Who is in violation of subsection (1);
11 (b) Who operates a vehicle; and
12 (c) Who, by reason of such operation, causes:
13 1. Damage to the property or person of another valued
14 at $10,000 or less commits a misdemeanor of the first degree,
15 punishable as provided in s. 775.082 or s. 775.083.
16 2. Damage to the property of another valued in excess
17 of $10,000 commits a felony of the third degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 3.2. Serious bodily injury to another, as defined in
20 s. 316.1933, commits a felony of the second third degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 4.3. The death of any human being commits DUI
24 manslaughter, and commits:
25 a. a felony of the first second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 b. A felony of the first degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29 (I) At the time of the crash, the person knew, or
30 should have known, that the crash occurred; and
31
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1 (II) The person failed to give information and render
2 aid as required by s. 316.062.
3 (4) Any person who is convicted of a violation of
4 subsection (1) and who has a blood-alcohol level or
5 breath-alcohol level of 0.16 0.20 or higher, or any person who
6 is convicted of a violation of subsection (1) and who at the
7 time of the offense was accompanied in the vehicle by a person
8 under the age of 18 years, shall be punished:
9 (a) By a fine of:
10 1. Not less than $500 or more than $1,000 for a first
11 conviction.
12 2. Not less than $1,000 or more than $2,000 for a
13 second conviction.
14 3. Not less than $2,000 or more than $5,000 for a
15 third conviction.
16 (b) By imprisonment for:
17 1. Not more than 9 months for a first conviction.
18 2. Not more than 12 months for a second conviction.
19 3. Not more than 12 months for a third conviction.
20
21 For the purposes of this subsection, any conviction for a
22 violation of s. 327.35, only the instant offense is required
23 to be a violation of subsection (1) by a person who has a
24 blood-alcohol level or breath-alcohol level of 0.16 0.20 or
25 higher.
26 (5) The court shall place all offenders convicted of
27 violating this section on monthly reporting probation and
28 shall require completion of a substance abuse course conducted
29 by a DUI program licensed by the department under s. 322.292,
30 which must include a psychosocial evaluation of the offender.
31 If the DUI program refers the offender to an authorized
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1 substance abuse treatment provider for substance abuse
2 treatment, in addition to any sentence or fine imposed under
3 this section, completion of all such education, evaluation,
4 and treatment is a condition of reporting probation. The
5 offender shall assume reasonable costs for such education,
6 evaluation, and treatment. The referral to treatment resulting
7 from a psychosocial evaluation shall not be waived without a
8 supporting independent psychosocial evaluation conducted by an
9 authorized substance abuse treatment provider appointed by the
10 court, which shall have access to the DUI program's
11 psychosocial evaluation before the independent psychosocial
12 evaluation is conducted. The court shall review the results
13 and recommendations of both evaluations before determining the
14 request for waiver. The offender shall bear the full cost of
15 this procedure. The term "substance abuse" means the abuse of
16 alcohol or any substance named or described in Schedules I
17 through V of s. 893.03. If an offender referred to treatment
18 under this subsection fails to report for or complete such
19 treatment or fails to complete the DUI program substance abuse
20 education course and evaluation, the DUI program shall notify
21 the court and the department of the failure. Upon receipt of
22 the notice, the department shall cancel the offender's driving
23 privilege, notwithstanding the terms of the court order or any
24 suspension or revocation of the driving privilege. The
25 department may temporarily reinstate the driving privilege on
26 a restricted basis upon verification from the DUI program that
27 the offender is currently participating in treatment and the
28 DUI education course and evaluation requirement has been
29 completed. If the DUI program notifies the department of the
30 second failure to complete treatment, the department shall
31 reinstate the driving privilege only after notice of
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1 completion of treatment from the DUI program. The
2 organization that conducts the substance abuse education and
3 evaluation may not provide required substance abuse treatment
4 unless a waiver has been granted to that organization by the
5 department. A waiver may be granted only if the department
6 determines, in accordance with its rules, that the service
7 provider that conducts the substance abuse education and
8 evaluation is the most appropriate service provider and is
9 licensed under chapter 397 or is exempt from such licensure. A
10 statistical referral report shall be submitted quarterly to
11 the department by each organization authorized to provide
12 services under this section.
13 (6) With respect to any person convicted of a
14 violation of subsection (1), regardless of any penalty imposed
15 pursuant to subsection (2), subsection (3), or subsection (4):
16 (a) For the first conviction, the court shall place
17 the defendant on probation for a period not to exceed 1 year
18 and, as a condition of such probation, shall order the
19 defendant to participate in public service or a community work
20 project for a minimum of 50 hours; or the court may order
21 instead, that any defendant pay an additional fine of $10 for
22 each hour of public service or community work otherwise
23 required, if, after consideration of the residence or location
24 of the defendant at the time public service or community work
25 is required, payment of the fine is in the best interests of
26 the state. However, the total period of probation and
27 incarceration may not exceed 1 year. The court must also, as a
28 condition of probation, order the impoundment or
29 immobilization of the vehicle that was operated by or in the
30 actual control of the defendant or any one vehicle registered
31 in the defendant's name at the time of impoundment or
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1 immobilization, for a period of 10 days or for the unexpired
2 term of any lease or rental agreement that expires within 10
3 days. The impoundment or immobilization must not occur
4 concurrently with the incarceration of the defendant. The
5 impoundment or immobilization order may be dismissed in
6 accordance with paragraph (e), paragraph (f), or paragraph
7 (g).
8 (b) For the second conviction for an offense that
9 occurs within a period of 5 years after the date of a prior
10 conviction for violation of this section, the court shall
11 order imprisonment for not less than 10 days. The court must
12 also, as a condition of probation, order the impoundment or
13 immobilization of the vehicle that was operated by or in the
14 actual control of the defendant or any one vehicle registered
15 in the defendant's name at the time of impoundment or
16 immobilization, for a period of 30 days or for the unexpired
17 term of any lease or rental agreement that expires within 30
18 days. The impoundment or immobilization must not occur
19 concurrently with the incarceration of the defendant. The
20 impoundment or immobilization order may be dismissed in
21 accordance with paragraph (e), paragraph (f), or paragraph
22 (g). At least 48 hours of confinement must be consecutive.
23 (c) For the third or subsequent conviction for an
24 offense that occurs within a period of 10 years after the date
25 of a prior conviction for violation of this section, the court
26 shall order imprisonment for not less than 30 days. The court
27 must also, as a condition of probation, order the impoundment
28 or immobilization of the vehicle that was operated by or in
29 the actual control of the defendant or any one vehicle
30 registered in the defendant's name at the time of impoundment
31 or immobilization, for a period of 90 days or for the
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1 unexpired term of any lease or rental agreement that expires
2 within 90 days. The impoundment or immobilization must not
3 occur concurrently with the incarceration of the defendant.
4 The impoundment or immobilization order may be dismissed in
5 accordance with paragraph (e), paragraph (f), or paragraph
6 (g). At least 48 hours of confinement must be consecutive.
7 (d) The court must at the time of sentencing the
8 defendant issue an order for the impoundment or immobilization
9 of a vehicle. Within 7 business days after the date that the
10 court issues the order of impoundment or immobilization, the
11 clerk of the court must send notice by certified mail, return
12 receipt requested, to the registered owner of each vehicle, if
13 the registered owner is a person other than the defendant, and
14 to each person of record claiming a lien against the vehicle.
15 (e) A person who owns but was not operating the
16 vehicle when the offense occurred may submit to the court a
17 police report indicating that the vehicle was stolen at the
18 time of the offense or documentation of having purchased the
19 vehicle after the offense was committed from an entity other
20 than the defendant or the defendant's agent. If the court
21 finds that the vehicle was stolen or that the sale was not
22 made to circumvent the order and allow the defendant continued
23 access to the vehicle, the order must be dismissed and the
24 owner of the vehicle will incur no costs. If the court denies
25 the request to dismiss the order of impoundment or
26 immobilization, the petitioner may request an evidentiary
27 hearing.
28 (f) A person who owns but was not operating the
29 vehicle when the offense occurred, and whose vehicle was
30 stolen or who purchased the vehicle after the offense was
31 committed directly from the defendant or the defendant's
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1 agent, may request an evidentiary hearing to determine whether
2 the impoundment or immobilization should occur. If the court
3 finds that either the vehicle was stolen or the purchase was
4 made without knowledge of the offense, that the purchaser had
5 no relationship to the defendant other than through the
6 transaction, and that such purchase would not circumvent the
7 order and allow the defendant continued access to the vehicle,
8 the order must be dismissed and the owner of the vehicle will
9 incur no costs.
10 (g) The court shall also dismiss the order of
11 impoundment or immobilization of the vehicle if the court
12 finds that the family of the owner of the vehicle has no other
13 private means of transportation.
14 (h) All costs and fees for the impoundment or
15 immobilization, including the cost of notification, must be
16 paid by the owner of the vehicle or, if the vehicle is leased
17 or rented, by the person leasing or renting the vehicle,
18 unless the impoundment or immobilization order is dismissed.
19 All provisions of s. 713.78 shall apply.
20 (i) The person who owns a vehicle that is impounded or
21 immobilized under this paragraph, or a person who has a lien
22 of record against such a vehicle and who has not requested a
23 review of the impoundment pursuant to paragraph (e), paragraph
24 (f), or paragraph (g), may, within 10 days after the date that
25 person has knowledge of the location of the vehicle, file a
26 complaint in the county in which the owner resides to
27 determine whether the vehicle was wrongfully taken or withheld
28 from the owner or lienholder. Upon the filing of a complaint,
29 the owner or lienholder may have the vehicle released by
30 posting with the court a bond or other adequate security equal
31 to the amount of the costs and fees for impoundment or
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1 immobilization, including towing or storage, to ensure the
2 payment of such costs and fees if the owner or lienholder does
3 not prevail. When the bond is posted and the fee is paid as
4 set forth in s. 28.24, the clerk of the court shall issue a
5 certificate releasing the vehicle. At the time of release,
6 after reasonable inspection, the owner or lienholder must give
7 a receipt to the towing or storage company indicating any loss
8 or damage to the vehicle or to the contents of the vehicle.
9 (j) A defendant, in the court's discretion, may be
10 required to serve all or any portion of a term of imprisonment
11 to which the defendant has been sentenced pursuant to this
12 section in a residential alcoholism treatment program or a
13 residential drug abuse treatment program. Any time spent in
14 such a program must be credited by the court toward the term
15 of imprisonment.
16
17 For the purposes of this section, any conviction for a
18 violation of s. 327.35; a previous conviction for the
19 violation of former s. 316.1931, former s. 327.351, former s.
20 860.01, or former s. 316.028; or a previous conviction outside
21 this state for driving or boating under the influence, driving
22 or boating while intoxicated, driving or boating with an
23 unlawful blood-alcohol level, driving or boating with an
24 unlawful breath-alcohol level, or any other similar
25 alcohol-related or drug-related traffic or boating offense, is
26 also considered a previous conviction for violation of this
27 section. However, in satisfaction of the fine imposed pursuant
28 to this section, the court may, upon a finding that the
29 defendant is financially unable to pay either all or part of
30 the fine, order that the defendant participate for a specified
31 additional period of time in public service or a community
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1 work project in lieu of payment of that portion of the fine
2 which the court determines the defendant is unable to pay. In
3 determining such additional sentence, the court shall consider
4 the amount of the unpaid portion of the fine and the
5 reasonable value of the services to be ordered; however, the
6 court may not compute the reasonable value of services at a
7 rate less than the federal minimum wage at the time of
8 sentencing.
9 (7) A conviction under this section does not bar any
10 civil suit for damages against the person so convicted.
11 (8) At the arraignment, or in conjunction with any
12 notice of arraignment provided by the clerk of the court, the
13 clerk shall provide any person charged with a violation of
14 this section with notice that upon conviction the court shall
15 suspend or revoke the offender's driver's license and that the
16 offender should make arrangements for transportation at any
17 proceeding in which the court may take such action. Failure
18 to provide such notice does not affect the court's suspension
19 or revocation of the offender's driver's license.
20 (9) A person who is arrested for a violation of this
21 section may not be released from custody:
22 (a) Until the person is no longer under the influence
23 of alcoholic beverages, any chemical substance set forth in s.
24 877.111, or any substance controlled under chapter 893 and
25 affected to the extent that his or her normal faculties are
26 impaired;
27 (b) Until the person's blood-alcohol level or
28 breath-alcohol level is less than 0.05; or
29 (c) Until 8 hours have elapsed from the time the
30 person was arrested.
31
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1 (10) The rulings of the Department of Highway Safety
2 and Motor Vehicles under s. 322.2615 shall not be considered
3 in any trial for a violation of this section. Testimony or
4 evidence from the administrative proceedings or any written
5 statement submitted by a person in his or her request for
6 administrative review is inadmissible into evidence or for any
7 other purpose in any criminal proceeding, unless timely
8 disclosed in criminal discovery pursuant to Rule 3.220,
9 Florida Rules of Criminal Procedure.
10 Section 2. Subsections (1), (2), (3), and (4) of
11 section 327.35, Florida Statutes, are amended to read:
12 327.35 Boating under the influence; penalties;
13 "designated drivers".--
14 (1) A person commits is guilty of the offense of
15 boating under the influence and is subject to punishment as
16 provided in subsection (2) if the person is operating a vessel
17 within this state and:
18 (a) The person is under the influence of alcoholic
19 beverages, any chemical substance set forth in s. 877.111, or
20 any substance controlled under chapter 893, when affected to
21 the extent that the person's normal faculties are impaired;
22 (b) The person has a blood-alcohol level of 0.08 or
23 more grams of alcohol per 100 milliliters of blood; or
24 (c) The person has a breath-alcohol level of 0.08 or
25 more grams of alcohol per 210 liters of breath.
26 (2)(a) Except as provided in paragraph (b), subsection
27 (3), or subsection (4), any person who is convicted of a
28 violation of subsection (1) shall be punished:
29 1. By a fine of:
30 a. Not less than $250 or more than $500 for a first
31 conviction.
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1 b. Not less than $500 or more than $1,000 for a second
2 conviction.
3 c. Not less than $1,000 or more than $2,500 for a
4 third conviction; and
5 2. By imprisonment for:
6 a. Not more than 6 months for a first conviction.
7 b. Not more than 9 months for a second conviction.
8 c. Not more than 12 months for a third conviction.
9 (b) Any person who is convicted of a fourth or
10 subsequent violation of this section is guilty of a felony of
11 the second third degree, punishable as provided in s. 775.082,
12 s. 775.083, or s. 775.084; however, the fine imposed for such
13 fourth or subsequent violation may not be less than $1,000.
14 (3) Any person:
15 (a) Who is in violation of subsection (1);
16 (b) Who operates a vessel; and
17 (c) Who, by reason of such operation, causes:
18 1. Damage to the property or person of another valued
19 at $10,000 or less commits a misdemeanor of the first degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 2. Damage to the property of another valued in excess
22 of $10,000 commits a felony of the third degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084.
24 3.2. Serious bodily injury to another, as defined in
25 s. 316.1933, commits a felony of the second third degree,
26 punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084.
28 4.3. The death of any human being commits BUI
29 manslaughter, and commits:
30 a. a felony of the first second degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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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 accident, the person knew, or
4 should have known, that the accident occurred; and
5 (II) The person failed to give information and render
6 aid as required by s. 316.062.
7
8 This sub-subparagraph does not require that the person knew
9 that the accident resulted in injury or death.
10 (4) Any person who is convicted of a violation of
11 subsection (1) and who has a blood-alcohol level or
12 breath-alcohol level of 0.16 0.20 or higher, or any person who
13 is convicted of a violation of subsection (1) and who at the
14 time of the offense was accompanied in the vessel by a person
15 under the age of 18 years, shall be punished:
16 (a) By a fine of:
17 1. Not less than $500 or more than $1,000 for a first
18 conviction.
19 2. Not less than $1,000 or more than $2,000 for a
20 second conviction.
21 3. Not less than $2,000 or more than $5,000 for a
22 third conviction.
23 (b) By imprisonment for:
24 1. Not more than 9 months for a first conviction.
25 2. Not more than 12 months for a second conviction.
26 3. Not more than 12 months for a third conviction.
27
28 For the purposes of this subsection, only the instant offense
29 is required to be a violation of subsection (1) by a person
30 who has a blood-alcohol level or breath-alcohol level of 0.16
31 0.20 or higher.
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1 Section 3. Paragraphs (f), (g), (h), and (i) of
2 subsection (3) of section 921.0022, Florida Statutes, are
3 amended to read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11
12 (f) LEVEL 6
13 316.027(1)(b) 2nd Accident involving death, failure
14 to stop; leaving scene.
15 316.193(2)(b) 2nd 3rd Felony DUI, 4th or subsequent
16 conviction.
17 775.0875(1) 3rd Taking firearm from law
18 enforcement officer.
19 775.21(10) 3rd Sexual predators; failure to
20 register; failure to renew
21 driver's license or
22 identification card.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.041 3rd Felony battery.
28 784.048(3) 3rd Aggravated stalking; credible
29 threat.
30 784.048(5) 3rd Aggravated stalking of person
31 under 16.
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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
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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 (g) LEVEL 7
8 316.193(3)(c)3. 2nd
9 316.193(3)(c)2. 3rd DUI resulting in serious bodily
10 injury.
11 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
12 bodily injury.
13 402.319(2) 2nd Misrepresentation and negligence
14 or intentional act resulting in
15 great bodily harm, permanent
16 disfiguration, permanent
17 disability, or death.
18 409.920(2) 3rd Medicaid provider fraud.
19 494.0018(2) 1st Conviction of any violation of
20 ss. 494.001-494.0077 in which the
21 total money and property
22 unlawfully obtained exceeded
23 $50,000 and there were five or
24 more victims.
25 782.051(3) 2nd Attempted felony murder of a
26 person by a person other than the
27 perpetrator or the perpetrator of
28 an attempted felony.
29
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 796.03 2nd Procuring any person under 16
9 years for prostitution.
10 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
11 victim less than 12 years of age;
12 offender less than 18 years.
13 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
14 victim 12 years of age or older
15 but less than 16 years; offender
16 18 years or older.
17 806.01(2) 2nd Maliciously damage structure by
18 fire or explosive.
19 810.02(3)(a) 2nd Burglary of occupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
22 unarmed; no assault or battery.
23 810.02(3)(d) 2nd Burglary of occupied conveyance;
24 unarmed; no assault or battery.
25 812.014(2)(a) 1st Property stolen, valued at
26 $100,000 or more; property stolen
27 while causing other property
28 damage; 1st degree grand theft.
29
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 872.06 2nd Abuse of a dead human body.
29
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b)) within
5 1,000 feet of a child care
6 facility or school.
7 893.13(1)(e) 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b), within
11 1,000 feet of property used for
12 religious services or a specified
13 business site.
14 893.13(4)(a) 1st Deliver to minor cocaine (or
15 other s. 893.03(1)(a), (1)(b),
16 (1)(d), (2)(a), or (2)(b) drugs).
17 893.135(1)(a)1. 1st Trafficking in cannabis, more
18 than 50 lbs., less than 2,000
19 lbs.
20 893.135
21 (1)(b)1.a. 1st Trafficking in cocaine, more than
22 28 grams, less than 200 grams.
23 893.135
24 (1)(c)1.a. 1st Trafficking in illegal drugs,
25 more than 4 grams, less than 14
26 grams.
27 893.135
28 (1)(d)1. 1st Trafficking in phencyclidine,
29 more than 28 grams, less than 200
30 grams.
31
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1 893.135(1)(e)1. 1st Trafficking in methaqualone, more
2 than 200 grams, less than 5
3 kilograms.
4 893.135(1)(f)1. 1st Trafficking in amphetamine, more
5 than 14 grams, less than 28
6 grams.
7 893.135
8 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
9 grams or more, less than 14
10 grams.
11 (h) LEVEL 8
12 316.193(3)(c)4. 1st
13 316.193
14 (3)(c)3.a. 2nd DUI manslaughter.
15 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
16 777.03(2)(a) 1st Accessory after the fact, capital
17 felony.
18 782.04(4) 2nd Killing of human without design
19 when engaged in act or attempt of
20 any felony other than arson,
21 sexual battery, robbery,
22 burglary, kidnapping, aircraft
23 piracy, or unlawfully discharging
24 bomb.
25 782.051(2) 1st Attempted felony murder while
26 perpetrating or attempting to
27 perpetrate a felony not
28 enumerated in s. 782.04(3).
29 782.071(2) 1st Committing vehicular homicide and
30 failing to render aid or give
31 information.
24
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1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 825.102(2) 2nd Aggravated abuse of an elderly
25 person or disabled adult.
26 825.103(2)(a) 1st Exploiting an elderly person or
27 disabled adult and property is
28 valued at $100,000 or more.
29 837.02(2) 2nd Perjury in official proceedings
30 relating to prosecution of a
31 capital felony.
25
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
29
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 895.03(1) 1st Use or invest proceeds derived
18 from pattern of racketeering
19 activity.
20 895.03(2) 1st Acquire or maintain through
21 racketeering activity any
22 interest in or control of any
23 enterprise or real property.
24 895.03(3) 1st Conduct or participate in any
25 enterprise through pattern of
26 racketeering activity.
27 (i) LEVEL 9
28 316.193
29 (3)(c)3.b. 1st DUI manslaughter; failing to
30 render aid or give information.
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1 782.04(1) 1st Attempt, conspire, or solicit to
2 commit premeditated murder.
3 782.04(3) 1st,PBL Accomplice to murder in
4 connection with arson, sexual
5 battery, robbery, burglary, and
6 other specified felonies.
7 782.051(1) 1st Attempted felony murder while
8 perpetrating or attempting to
9 perpetrate a felony enumerated in
10 s. 782.04(3).
11 782.07(2) 1st Aggravated manslaughter of an
12 elderly person or disabled adult.
13 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
14 reward or as a shield or hostage.
15 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
16 or facilitate commission of any
17 felony.
18 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
19 interfere with performance of any
20 governmental or political
21 function.
22 787.02(3)(a) 1st False imprisonment; child under
23 age 13; perpetrator also commits
24 aggravated child abuse, sexual
25 battery, or lewd or lascivious
26 battery, molestation, conduct, or
27 exhibition.
28 790.161 1st Attempted capital destructive
29 device offense.
30 794.011(2) 1st Attempted sexual battery; victim
31 less than 12 years of age.
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1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 827.03(2) 1st Aggravated child abuse.
19 847.0145(1) 1st Selling, or otherwise
20 transferring custody or control,
21 of a minor.
22 847.0145(2) 1st Purchasing, or otherwise
23 obtaining custody or control, of
24 a minor.
25 859.01 1st Poisoning food, drink, medicine,
26 or water with intent to kill or
27 injure another person.
28 893.135 1st Attempted capital trafficking
29 offense.
30 893.135(1)(a)3. 1st Trafficking in cannabis, more
31 than 10,000 lbs.
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18
19 Section 4. This act shall take effect October 1, 2000.
20
21 *****************************************
22 SENATE SUMMARY
23 Increases the penalty for a fourth or subsequent offense
of driving or boating under the influence to that of a
24 second-degree felony. Increases the penalty for damage to
property to a third-degree felony when the property is
25 valued at more than $10,000. Increases the penalty for
certain DUI manslaughter and BUI manslaughter offenses to
26 a first-degree felony. Increases the penalty for causing
serious bodily injury to a second-degree felony. Lowers
27 the blood-alcohol level that will invoke enhanced
penalties from 0.20 to 0.16. Provides that convictions of
28 BUI offenses will be considered as convictions of DUI
offenses for purposes of determining repeat-offender
29 status.
30
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30