Senate Bill 0814c1

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    Florida Senate - 2000                            CS for SB 814

    By the Committee on Criminal Justice and Senator Rossin





    307-2115-00

  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

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    Florida Senate - 2000                            CS for SB 814
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  1         give information to conform with changes made

  2         by this act; amending ss. 322.28 and 947.146,

  3         F.S.; conforming cross-references; providing an

  4         effective date.

  5

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

  7

  8         Section 1.  Section 316.193, Florida Statutes, is

  9  amended to read:

10         316.193  Driving under the influence; penalties.--

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

12  driving under the influence and is subject to punishment as

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

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

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

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

17  any substance controlled under chapter 893, when affected to

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

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

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

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

22  more grams of alcohol per 210 liters of breath.

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

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

25  violation of subsection (1) shall be punished:

26         1.  By a fine of:

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

28  conviction.

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

30  conviction.

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    Florida Senate - 2000                            CS for SB 814
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  1         c.  Not less than $1,000 or more than $2,500 for a

  2  third conviction; and

  3         2.  By imprisonment for:

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

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

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

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

  8  subsequent violation of this section commits is guilty of a

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

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

11  imposed for such fourth or subsequent violation may be not

12  less than $1,000.

13         (3)  Any person:

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

15         (b)  Who operates a vehicle; and

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

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

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

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

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

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

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

23         3.2.  Serious bodily injury to another, as defined in

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

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

26  775.084.

27         4.3.  The death of any human being commits DUI

28  manslaughter, and commits:

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

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

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

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

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

  4  should have known, that the crash occurred; and

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

  6  aid as required by s. 316.062.

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

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

  9  breath-alcohol level of 0.16 0.20 or higher, or any person who

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

11  time of the offense was accompanied in the vehicle by a person

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

13         (a)  By a fine of:

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

15  conviction.

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

17  second conviction.

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

19  third conviction.

20         (b)  By imprisonment for:

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

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

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

24

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

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

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

28  blood-alcohol level or breath-alcohol level of 0.16 0.20 or

29  higher.

30         (5)  The court shall place all offenders convicted of

31  violating this section on monthly reporting probation and

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    Florida Senate - 2000                            CS for SB 814
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  1  shall require completion of a substance abuse course conducted

  2  by a DUI program licensed by the department under s. 322.292,

  3  which must include a psychosocial evaluation of the offender.

  4  If the DUI program refers the offender to an authorized

  5  substance abuse treatment provider for substance abuse

  6  treatment, in addition to any sentence or fine imposed under

  7  this section, completion of all such education, evaluation,

  8  and treatment is a condition of reporting probation.  The

  9  offender shall assume reasonable costs for such education,

10  evaluation, and treatment. The referral to treatment resulting

11  from a psychosocial evaluation shall not be waived without a

12  supporting independent psychosocial evaluation conducted by an

13  authorized substance abuse treatment provider appointed by the

14  court, which shall have access to the DUI program's

15  psychosocial evaluation before the independent psychosocial

16  evaluation is conducted. The court shall review the results

17  and recommendations of both evaluations before determining the

18  request for waiver.  The offender shall bear the full cost of

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

20  alcohol or any substance named or described in Schedules I

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

22  under this subsection fails to report for or complete such

23  treatment or fails to complete the DUI program substance abuse

24  education course and evaluation, the DUI program shall notify

25  the court and the department of the failure.  Upon receipt of

26  the notice, the department shall cancel the offender's driving

27  privilege, notwithstanding the terms of the court order or any

28  suspension or revocation of the driving privilege.  The

29  department may temporarily reinstate the driving privilege on

30  a restricted basis upon verification from the DUI program that

31  the offender is currently participating in treatment and the

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    Florida Senate - 2000                            CS for SB 814
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  1  DUI education course and evaluation requirement has been

  2  completed. If the DUI program notifies the department of the

  3  second failure to complete treatment, the department shall

  4  reinstate the driving privilege only after notice of

  5  completion of treatment from the DUI program.  The

  6  organization that conducts the substance abuse education and

  7  evaluation may not provide required substance abuse treatment

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

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

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

11  provider that conducts the substance abuse education and

12  evaluation is the most appropriate service provider and is

13  licensed under chapter 397 or is exempt from such licensure. A

14  statistical referral report shall be submitted quarterly to

15  the department by each organization authorized to provide

16  services under this section.

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

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

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

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

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

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

23  defendant to participate in public service or a community work

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

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

26  each hour of public service or community work otherwise

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

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

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

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

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

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    Florida Senate - 2000                            CS for SB 814
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  1  condition of probation, order the impoundment or

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

  3  actual control of the defendant or any one vehicle registered

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

  5  immobilization, for a period of 10 days or for the unexpired

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

  7  days. The impoundment or immobilization must not occur

  8  concurrently with the incarceration of the defendant.  The

  9  impoundment or immobilization order may be dismissed in

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

11  (g).

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

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

14  conviction for violation of this section, the court shall

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

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

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

18  actual control of the defendant or any one vehicle registered

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

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

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

22  days. The impoundment or immobilization must not occur

23  concurrently with the incarceration of the defendant.  The

24  impoundment or immobilization order may be dismissed in

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

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

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

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

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

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

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

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    Florida Senate - 2000                            CS for SB 814
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  1  or immobilization of the vehicle that was operated by or in

  2  the actual control of the defendant or any one vehicle

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

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

  5  unexpired term of any lease or rental agreement that expires

  6  within 90 days. The impoundment or immobilization must not

  7  occur concurrently with the incarceration of the defendant.

  8  The impoundment or immobilization order may be dismissed in

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

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

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

12  defendant issue an order for the impoundment or immobilization

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

14  court issues the order of impoundment or immobilization, the

15  clerk of the court must send notice by certified mail, return

16  receipt requested, to the registered owner of each vehicle, if

17  the registered owner is a person other than the defendant, and

18  to each person of record claiming a lien against the vehicle.

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

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

21  police report indicating that the vehicle was stolen at the

22  time of the offense or documentation of having purchased the

23  vehicle after the offense was committed from an entity other

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

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

26  made to circumvent the order and allow the defendant continued

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

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

29  the request to dismiss the order of impoundment or

30  immobilization, the petitioner may request an evidentiary

31  hearing.

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

  2  vehicle when the offense occurred, and whose vehicle was

  3  stolen or who purchased the vehicle after the offense was

  4  committed directly from the defendant or the defendant's

  5  agent, may request an evidentiary hearing to determine whether

  6  the impoundment or immobilization should occur. If the court

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

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

  9  no relationship to the defendant other than through the

10  transaction, and that such purchase would not circumvent the

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

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

13  incur no costs.

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

15  impoundment or immobilization of the vehicle if the court

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

17  private means of transportation.

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

19  immobilization, including the cost of notification, must be

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

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

22  unless the impoundment or immobilization order is dismissed.

23  All provisions of s. 713.78 shall apply.

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

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

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

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

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

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

30  complaint in the county in which the owner resides to

31  determine whether the vehicle was wrongfully taken or withheld

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

  2  the owner or lienholder may have the vehicle released by

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

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

  5  immobilization, including towing or storage, to ensure the

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

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

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

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

10  after reasonable inspection, the owner or lienholder must give

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

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

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

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

15  to which the defendant has been sentenced pursuant to this

16  section in a residential alcoholism treatment program or a

17  residential drug abuse treatment program. Any time spent in

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

19  of imprisonment.

20

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

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

23  violation of former s. 316.1931, former s. 327.351, former s.

24  860.01, or former s. 316.028; or a previous conviction outside

25  this state for driving or boating under the influence, driving

26  or boating while intoxicated, driving or boating with an

27  unlawful blood-alcohol level, driving or boating with an

28  unlawful breath-alcohol level, or any other similar

29  alcohol-related or drug-related traffic or boating offense, is

30  also considered a previous conviction for violation of this

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

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

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

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

  4  additional period of time in public service or a community

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

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

  7  determining such additional sentence, the court shall consider

  8  the amount of the unpaid portion of the fine and the

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

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

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

12  sentencing.

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

14  civil suit for damages against the person so convicted.

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

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

17  clerk shall provide any person charged with a violation of

18  this section with notice that upon conviction the court shall

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

20  offender should make arrangements for transportation at any

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

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

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

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

25  section may not be released from custody:

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

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

28  877.111, or any substance controlled under chapter 893 and

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

30  impaired;

31

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

  2  breath-alcohol level is less than 0.05; or

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

  4  person was arrested.

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

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

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

  8  evidence from the administrative proceedings or any written

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

10  administrative review is inadmissible into evidence or for any

11  other purpose in any criminal proceeding, unless timely

12  disclosed in criminal discovery pursuant to Rule 3.220,

13  Florida Rules of Criminal Procedure.

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

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

16         327.35  Boating under the influence; penalties;

17  "designated drivers".--

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

19  boating under the influence and is subject to punishment as

20  provided in subsection (2) if the person is operating a vessel

21  within this state and:

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

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

24  any substance controlled under chapter 893, when affected to

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

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

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

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

29  more grams of alcohol per 210 liters of breath.

30

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

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

  3  violation of subsection (1) shall be punished:

  4         1.  By a fine of:

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

  6  conviction.

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

  8  conviction.

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

10  third conviction; and

11         2.  By imprisonment for:

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

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

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

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

16  subsequent violation of this section commits is guilty of a

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

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

19  imposed for such fourth or subsequent violation may not be

20  less than $1,000.

21         (3)  Any person:

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

23         (b)  Who operates a vessel; and

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

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

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

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

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

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

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

31

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  1         3.2.  Serious bodily injury to another, as defined in

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

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

  4  775.084.

  5         4.3.  The death of any human being commits BUI

  6  manslaughter, and commits:

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

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

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

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

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

12  should have known, that the accident occurred; and

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

14  aid as required by s. 316.062.

15

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

17  that the accident resulted in injury or death.

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

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

20  breath-alcohol level of 0.16 0.20 or higher, or any person who

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

22  time of the offense was accompanied in the vessel by a person

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

24         (a)  By a fine of:

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

26  conviction.

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

28  second conviction.

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

30  third conviction.

31         (b)  By imprisonment for:

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

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

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

  4

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

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

  7  who has a blood-alcohol level or breath-alcohol level of 0.16

  8  0.20 or higher.

  9         Section 3.  Paragraphs (f), (g), (h), and (i) of

10  subsection (3) of section 921.0022, Florida Statutes, are

11  amended to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

16  Florida           Felony

17  Statute           Degree             Description

18

19                              (f)  LEVEL 6

20  316.027(1)(b)      2nd      Accident involving death, failure

21                              to stop; leaving scene.

22  316.193(2)(b)      2nd 3rd  Felony DUI, 4th or subsequent

23                              conviction.

24  775.0875(1)        3rd      Taking firearm from law

25                              enforcement officer.

26  775.21(10)         3rd      Sexual predators; failure to

27                              register; failure to renew

28                              driver's license or

29                              identification card.

30  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

31                              without intent to kill.

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

  2                              commit felony.

  3  784.041            3rd      Felony battery.

  4  784.048(3)         3rd      Aggravated stalking; credible

  5                              threat.

  6  784.048(5)         3rd      Aggravated stalking of person

  7                              under 16.

  8  784.07(2)(c)       2nd      Aggravated assault on law

  9                              enforcement officer.

10  784.08(2)(b)       2nd      Aggravated assault on a person 65

11                              years of age or older.

12  784.081(2)         2nd      Aggravated assault on specified

13                              official or employee.

14  784.082(2)         2nd      Aggravated assault by detained

15                              person on visitor or other

16                              detainee.

17  784.083(2)         2nd      Aggravated assault on code

18                              inspector.

19  787.02(2)          3rd      False imprisonment; restraining

20                              with purpose other than those in

21                              s. 787.01.

22  790.115(2)(d)      2nd      Discharging firearm or weapon on

23                              school property.

24  790.161(2)         2nd      Make, possess, or throw

25                              destructive device with intent to

26                              do bodily harm or damage

27                              property.

28  790.164(1)         2nd      False report of deadly explosive

29                              or act of arson or violence to

30                              state property.

31

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  1  790.19             2nd      Shooting or throwing deadly

  2                              missiles into dwellings, vessels,

  3                              or vehicles.

  4  794.011(8)(a)      3rd      Solicitation of minor to

  5                              participate in sexual activity by

  6                              custodial adult.

  7  794.05(1)          2nd      Unlawful sexual activity with

  8                              specified minor.

  9  800.04(5)(d)       3rd      Lewd or lascivious molestation;

10                              victim 12 years of age or older

11                              but less than 16 years; offender

12                              less than 18 years.

13  800.04(6)(b)       2nd      Lewd or lascivious conduct;

14                              offender 18 years of age or

15                              older.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)      2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.13(2)(c)       2nd      Robbery, no firearm or other

25                              weapon (strong-arm robbery).

26  817.034(4)(a)1.    1st      Communications fraud, value

27                              greater than $50,000.

28  817.4821(5)        2nd      Possess cloning paraphernalia

29                              with intent to create cloned

30                              cellular telephones.

31

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

  2                              disabled adult.

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

  4                              disabled adult.

  5  825.1025(3)        3rd      Lewd or lascivious molestation of

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(c)      3rd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at less than $20,000.

11  827.03(1)          3rd      Abuse of a child.

12  827.03(3)(c)       3rd      Neglect of a child.

13  827.071(2)&(3)     2nd      Use or induce a child in a sexual

14                              performance, or promote or direct

15                              such performance.

16  836.05             2nd      Threats; extortion.

17  836.10             2nd      Written threats to kill or do

18                              bodily injury.

19  843.12             3rd      Aids or assists person to escape.

20  847.0135(3)        3rd      Solicitation of a child, via a

21                              computer service, to commit an

22                              unlawful sex act.

23  914.23             2nd      Retaliation against a witness,

24                              victim, or informant, with bodily

25                              injury.

26  943.0435(9)        3rd      Sex offenders; failure to comply

27                              with reporting requirements.

28

29

30

31

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  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.193(3)(c)3.2.  2nd      DUI resulting in serious bodily

18                     3rd      injury.

19  327.35(3)(c)3.2.   2nd      Vessel BUI resulting in serious

20                     3rd      bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27

28

29

30

31

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

  2                              ss. 494.001-494.0077 in which the

  3                              total money and property

  4                              unlawfully obtained exceeded

  5                              $50,000 and there were five or

  6                              more victims.

  7  782.051(3)         2nd      Attempted felony murder of a

  8                              person by a person other than the

  9                              perpetrator or the perpetrator of

10                              an attempted felony.

11  782.07(1)          2nd      Killing of a human being by the

12                              act, procurement, or culpable

13                              negligence of another

14                              (manslaughter).

15  782.071            2nd      Killing of human being or viable

16                              fetus by the operation of a motor

17                              vehicle in a reckless manner

18                              (vehicular homicide).

19  782.072            2nd      Killing of a human being by the

20                              operation of a vessel in a

21                              reckless manner (vessel

22                              homicide).

23  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

24                              causing great bodily harm or

25                              disfigurement.

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

27                              weapon.

28  784.045(1)(b)      2nd      Aggravated battery; perpetrator

29                              aware victim pregnant.

30  784.048(4)         3rd      Aggravated stalking; violation of

31                              injunction or court order.

                                  20

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

  2                              enforcement officer.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

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

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

20                              victim less than 12 years of age;

21                              offender less than 18 years.

22  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

23                              victim 12 years of age or older

24                              but less than 16 years; offender

25                              18 years or older.

26  806.01(2)          2nd      Maliciously damage structure by

27                              fire or explosive.

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

29                              unarmed; no assault or battery.

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

31                              unarmed; no assault or battery.

                                  21

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  1  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  2                              unarmed; no assault or battery.

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

  4                              $100,000 or more; property stolen

  5                              while causing other property

  6                              damage; 1st degree grand theft.

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

  8                              organizes, plans, etc., the theft

  9                              of property and traffics in

10                              stolen property.

11  812.131(2)(a)      2nd      Robbery by sudden snatching.

12  812.133(2)(b)      1st      Carjacking; no firearm, deadly

13                              weapon, or other weapon.

14  825.102(3)(b)      2nd      Neglecting an elderly person or

15                              disabled adult causing great

16                              bodily harm, disability, or

17                              disfigurement.

18  825.1025(2)        2nd      Lewd or lascivious battery upon

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31

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  1  837.05(2)          3rd      Giving false information about

  2                              alleged capital felony to a law

  3                              enforcement officer.

  4  872.06             2nd      Abuse of a dead human body.

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

  6                              cocaine (or other drug prohibited

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

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

  9                              1,000 feet of a child care

10                              facility or school.

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

12                              cocaine or other drug prohibited

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

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

15                              1,000 feet of property used for

16                              religious services or a specified

17                              business site.

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

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

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

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

22                              than 50 lbs., less than 2,000

23                              lbs.

24  893.135

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

26                              28 grams, less than 200 grams.

27  893.135

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

29                              more than 4 grams, less than 14

30                              grams.

31

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  1  893.135

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

  3                              more than 28 grams, less than 200

  4                              grams.

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

  6                              than 200 grams, less than 5

  7                              kilograms.

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

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

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

13                              grams or more, less than 14

14                              grams.

15                              (h)  LEVEL 8

16  316.193

17   (3)(c)4. 3.a.     1st      DUI manslaughter.

18                     2nd

19  327.35(3)(c)4.3.   1st      Vessel BUI manslaughter.

20                     2nd

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

22                              felony.

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

24                              when engaged in act or attempt of

25                              any felony other than arson,

26                              sexual battery, robbery,

27                              burglary, kidnapping, aircraft

28                              piracy, or unlawfully discharging

29                              bomb.

30

31

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  1  782.051(2)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony not

  4                              enumerated in s. 782.04(3).

  5  782.071(2)         1st      Committing vehicular homicide and

  6                              failing to render aid or give

  7                              information.

  8  782.072(2)         1st      Committing vessel homicide and

  9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

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

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  800.04(4)          2nd      Lewd or lascivious battery.

19  806.01(1)          1st      Maliciously damage dwelling or

20                              structure by fire or explosive,

21                              believing person in structure.

22  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

23  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

24                              or dangerous weapon.

25  810.02(2)(c)       1st      Burglary of a dwelling or

26                              structure causing structural

27                              damage or $1,000 or more property

28                              damage.

29  812.13(2)(b)       1st      Robbery with a weapon.

30  812.135(2)         1st      Home-invasion robbery.

31

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  1  825.102(2)         2nd      Aggravated abuse of an elderly

  2                              person or disabled adult.

  3  825.103(2)(a)      1st      Exploiting an elderly person or

  4                              disabled adult and property is

  5                              valued at $100,000 or more.

  6  837.02(2)          2nd      Perjury in official proceedings

  7                              relating to prosecution of a

  8                              capital felony.

  9  837.021(2)         2nd      Making contradictory statements

10                              in official proceedings relating

11                              to prosecution of a capital

12                              felony.

13  860.121(2)(c)      1st      Shooting at or throwing any

14                              object in path of railroad

15                              vehicle resulting in great bodily

16                              harm.

17  860.16             1st      Aircraft piracy.

18  893.13(1)(b)       1st      Sell or deliver in excess of 10

19                              grams of any substance specified

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

21  893.13(2)(b)       1st      Purchase in excess of 10 grams of

22                              any substance specified in s.

23                              893.03(1)(a) or (b).

24  893.13(6)(c)       1st      Possess in excess of 10 grams of

25                              any substance specified in s.

26                              893.03(1)(a) or (b).

27  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

29                              lbs.

30

31

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  1  893.135

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

  3                              200 grams, less than 400 grams.

  4  893.135

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

  6                              more than 14 grams, less than 28

  7                              grams.

  8  893.135

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

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

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

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

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

18                              than 28 grams, less than 200

19                              grams.

20  893.135

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

22                              grams or more, less than 28

23                              grams.

24  895.03(1)          1st      Use or invest proceeds derived

25                              from pattern of racketeering

26                              activity.

27  895.03(2)          1st      Acquire or maintain through

28                              racketeering activity any

29                              interest in or control of any

30                              enterprise or real property.

31

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

  2                              enterprise through pattern of

  3                              racketeering activity.

  4                              (i)  LEVEL 9

  5  316.193

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

  7                              render aid or give information.

  8  782.04(1)          1st      Attempt, conspire, or solicit to

  9                              commit premeditated murder.

10  782.04(3)          1st,PBL   Accomplice to murder in

11                              connection with arson, sexual

12                              battery, robbery, burglary, and

13                              other specified felonies.

14  782.051(1)         1st      Attempted felony murder while

15                              perpetrating or attempting to

16                              perpetrate a felony enumerated in

17                              s. 782.04(3).

18  782.07(2)          1st      Aggravated manslaughter of an

19                              elderly person or disabled adult.

20  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

21                              reward or as a shield or hostage.

22  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

23                              or facilitate commission of any

24                              felony.

25  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

26                              interfere with performance of any

27                              governmental or political

28                              function.

29

30

31

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

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

  9  794.011(2)         1st      Attempted sexual battery; victim

10                              less than 12 years of age.

11  794.011(2)         Life     Sexual battery; offender younger

12                              than 18 years and commits sexual

13                              battery on a person less than 12

14                              years.

15  794.011(4)         1st      Sexual battery; victim 12 years

16                              or older, certain circumstances.

17  794.011(8)(b)      1st      Sexual battery; engage in sexual

18                              conduct with minor 12 to 18 years

19                              by person in familial or

20                              custodial authority.

21  800.04(5)(b)       1st      Lewd or lascivious molestation;

22                              victim less than 12 years;

23                              offender 18 years or older.

24  812.13(2)(a)       1st,PBL  Robbery with firearm or other

25                              deadly weapon.

26  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

27                              deadly weapon.

28  827.03(2)          1st      Aggravated child abuse.

29  847.0145(1)        1st      Selling, or otherwise

30                              transferring custody or control,

31                              of a minor.

                                  29

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  1  847.0145(2)        1st      Purchasing, or otherwise

  2                              obtaining custody or control, of

  3                              a minor.

  4  859.01             1st      Poisoning food, drink, medicine,

  5                              or water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

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

13                              400 grams, less than 150

14                              kilograms.

15  893.135

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

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

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

21                              more than 400 grams.

22  893.135

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

24                              than 25 kilograms.

25  893.135

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

27                              than 200 grams.

28         Section 4.  Paragraph (a) of subsection (4) of section

29  322.28, Florida Statutes, is amended to read:

30         322.28  Period of suspension or revocation.--

31

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  1         (4)(a)  Upon a conviction for a violation of s.

  2  316.193(3)(c)3.2., involving serious bodily injury, a

  3  conviction of manslaughter resulting from the operation of a

  4  motor vehicle, or a conviction of vehicular homicide, the

  5  court shall revoke the driver's license of the person

  6  convicted for a minimum period of 3 years. If a conviction

  7  under s. 316.193(3)(c)3.2., involving serious bodily injury,

  8  is also a subsequent conviction as described under paragraph

  9  (2)(a), the court shall revoke the driver's license or driving

10  privilege of the person convicted for the period applicable as

11  provided in paragraph (2)(a) or paragraph (2)(e).

12         Section 5.  Subsection (3) of section 947.146, Florida

13  Statutes, is amended to read:

14         947.146  Control Release Authority.--

15         (3)  Within 120 days prior to the date the state

16  correctional system is projected pursuant to s. 216.136 to

17  exceed 99 percent of total capacity, the authority shall

18  determine eligibility for and establish a control release date

19  for an appropriate number of parole ineligible inmates

20  committed to the department and incarcerated within the state

21  who have been determined by the authority to be eligible for

22  discretionary early release pursuant to this section.  In

23  establishing control release dates, it is the intent of the

24  Legislature that the authority prioritize consideration of

25  eligible inmates closest to their tentative release date.  The

26  authority shall rely upon commitment data on the offender

27  information system maintained by the department to initially

28  identify inmates who are to be reviewed for control release

29  consideration.  The authority may use a method of objective

30  risk assessment in determining if an eligible inmate should be

31  released.  Such assessment shall be a part of the department's

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  1  management information system. However, the authority shall

  2  have sole responsibility for determining control release

  3  eligibility, establishing a control release date, and

  4  effectuating the release of a sufficient number of inmates to

  5  maintain the inmate population between 99 percent and 100

  6  percent of total capacity.  Inmates who are ineligible for

  7  control release are inmates who are parole eligible or inmates

  8  who:

  9         (a)  Are serving a sentence that includes a mandatory

10  minimum provision for a capital offense or drug trafficking

11  offense and have not served the number of days equal to the

12  mandatory minimum term less any jail-time credit awarded by

13  the court;

14         (b)  Are serving the mandatory minimum portion of a

15  sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);

16         (c)  Are convicted, or have been previously convicted,

17  of committing or attempting to commit sexual battery, incest,

18  or any of the following lewd or indecent assaults or acts:

19  masturbating in public; exposing the sexual organs in a

20  perverted manner; or nonconsensual handling or fondling of the

21  sexual organs of another person;

22         (d)  Are convicted, or have been previously convicted,

23  of committing or attempting to commit assault, aggravated

24  assault, battery, or aggravated battery, and a sex act was

25  attempted or completed during commission of such offense;

26         (e)  Are convicted, or have been previously convicted,

27  of committing or attempting to commit kidnapping, burglary, or

28  murder, and the offense was committed with the intent to

29  commit sexual battery or a sex act was attempted or completed

30  during commission of the offense;

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  1         (f)  Are convicted, or have been previously convicted,

  2  of committing or attempting to commit false imprisonment upon

  3  a child under the age of 13 and, in the course of committing

  4  the offense, the inmate committed aggravated child abuse,

  5  sexual battery against the child, or a lewd or lascivious

  6  offense committed upon or in the presence of a person less

  7  than 16 years of age;

  8         (g)  Are sentenced, have previously been sentenced, or

  9  have been sentenced at any time under s. 775.084, or have been

10  sentenced at any time in another jurisdiction as a habitual

11  offender;

12         (h)  Are convicted, or have been previously convicted,

13  of committing or attempting to commit assault, aggravated

14  assault, battery, aggravated battery, kidnapping,

15  manslaughter, or murder against an officer as defined in s.

16  943.10(1), (2), (3), (6), (7), (8), or (9); against a state

17  attorney or assistant state attorney; or against a justice or

18  judge of a court described in Art. V of the State

19  Constitution; or against an officer, judge, or state attorney

20  employed in a comparable position by any other jurisdiction;

21  or

22         (i)  Are convicted, or have been previously convicted,

23  of committing or attempting to commit murder in the first,

24  second, or third degree under s. 782.04(1), (2), (3), or (4),

25  or have ever been convicted of any degree of murder or

26  attempted murder in another jurisdiction;

27         (j)  Are convicted, or have been previously convicted,

28  of DUI manslaughter under s. 316.193(3)(c)4.3., and are

29  sentenced, or have been sentenced at any time, as a habitual

30  offender for such offense, or have been sentenced at any time

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  1  in another jurisdiction as a habitual offender for such

  2  offense;

  3         (k)1.  Are serving a sentence for an offense committed

  4  on or after January 1, 1994, for a violation of the Law

  5  Enforcement Protection Act under s. 775.0823(2), (3), (4), or

  6  (5), and the subtotal of the offender's sentence points is

  7  multiplied pursuant to former s. 921.0014 or s. 921.0024;

  8         2.  Are serving a sentence for an offense committed on

  9  or after October 1, 1995, for a violation of the Law

10  Enforcement Protection Act under s. 775.0823(2), (3), (4),

11  (5), (6), (7), or (8), and the subtotal of the offender's

12  sentence points is multiplied pursuant to former s. 921.0014

13  or s. 921.0024;

14         (l)  Are serving a sentence for an offense committed on

15  or after January 1, 1994, for possession of a firearm,

16  semiautomatic firearm, or machine gun in which additional

17  points are added to the subtotal of the offender's sentence

18  points pursuant to former s. 921.0014 or s. 921.0024; or

19         (m)  Are convicted, or have been previously convicted,

20  of committing or attempting to commit manslaughter,

21  kidnapping, robbery, carjacking, home-invasion robbery, or a

22  burglary under s. 810.02(2).

23

24  In making control release eligibility determinations under

25  this subsection, the authority may rely on any document

26  leading to or generated during the course of the criminal

27  proceedings, including, but not limited to, any presentence or

28  postsentence investigation or any information contained in

29  arrest reports relating to circumstances of the offense.

30         Section 6.  This act shall take effect October 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 814

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  4  Makes several technical and conforming revisions.

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