HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Crime Prevention, Corrections & Safety
12 offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Subsections (2) and (4) and paragraph (c)
19 of subsection (6) of section 316.193, Florida Statute, are
20 amended to read:
21 316.193 Driving under the influence; penalties.--
22 (2)(a) Except as provided in paragraphs paragraph (b),
23 (c), (d) and (e), subsection (3), or subsection (4), any
24 person who is convicted of a violation of subsection (1) shall
25 be punished:
26 1. By a fine of:
27 a. Not less than $250 or more than $500 for a first
28 conviction.
29 b. Not less than $500 or more than $1,000 for a second
30 conviction.
31 c. Not less than $1,000 or more than $2,500 for a
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 third conviction, other than for a third conviction for an
2 offense occurring within a period of 10 years after the date
3 of a prior conviction as specified in paragraph (c); and
4 2. By imprisonment for:
5 a. Not more than 6 months for a first conviction.
6 b. Not more than 9 months for a second conviction.
7 c. Not more than 12 months for a third conviction,
8 other than for a third conviction for an offense occurring
9 within a period of 10 years after the date of a prior
10 conviction as specified in paragraph (c).
11 (b) Any person who is convicted of a fourth or
12 subsequent violation of this section is guilty of a felony of
13 the third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084; however, the minimum penalty fine
15 imposed for such fourth or subsequent violation shall may be a
16 fine of not less than $1,000 and a minimum mandatory term of
17 imprisonment of 30 days.
18 (c) Any person who is convicted of a third violation
19 of this section for a offense occurring within a period of 10
20 years after the date of a prior conviction of this section is
21 guilty of a felony of the third degree, punishable as provided
22 in s. 775.082, 775.083 or 775.084 and as further provided in
23 subsection (6)(c).
24 (d) Any person who is convicted of a violation of this
25 section who at the time of the offense was operating a motor
26 vehicle while his or her license or privilege was canceled,
27 suspended, or revoked pursuant to this section, s. 322.2615 or
28 s. 322.28 is guilty of a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s.
30 775.084; however, the minimum penalty for such violation shall
31 be a fine of not less than $1,000 and a minimum mandatory term
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 of imprisonment of 30 days.
2 (e) Any person who is convicted of a violation of this
3 section who at the time of the offense was operating a motor
4 vehicle with a license for driving privileges restricted
5 solely to business or employment purposes is guilty of a
6 felony of the third degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084; however, the minimum
8 penalty for such violation shall be a fine of not less than
9 $1,000 and a minimum mandatory term of imprisonment of 30
10 days.
11 (4) Any person who is convicted of a violation of
12 subsection (1) and who has a blood-alcohol level or
13 breath-alcohol level of 0.20 or higher, or any person who is
14 convicted of a violation of subsection (1) and who at the time
15 of the offense was accompanied in the vehicle by a person
16 under the age of 18 years, shall be punished:
17 (a) By a fine of:
18 1. Not less than $500 or more than $1,000 for a first
19 conviction.
20 2. Not less than $1,000 or more than $2,000 for a
21 second conviction.
22 3. Not less than $2,000 or more than $5,000 for a
23 third conviction.
24 One hundred dollars of each fine imposed under this paragraph
25 shall be remitted to the county correctional facility in which
26 the offender convicted of a violation of this subsection
27 serves his or her term of imprisonment.
28 (b) By imprisonment for:
29 1. Not less than 48 hours nor more than 9 months for a
30 first conviction.
31 2. Not less than 48 hours nor more than 12 months for
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 a second conviction.
2 3. Not less than 48 hours nor more than 12 months for
3 a third conviction.
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5 For the purposes of this subsection, any conviction for a
6 violation of s. 327.35, only the instant offense is required
7 to be a violation of subsection (1) by a person who has a
8 blood-alcohol level or breath-alcohol level of 0.20 or higher.
9 (6)(c) For the third or subsequent conviction for an
10 offense that occurs within a period of 10 years after the date
11 of a prior conviction for violation of this section, the court
12 shall order imprisonment for not less than 30 days. The court
13 must also, as a condition of probation, order the impoundment
14 or immobilization of all vehicles owned by the defendant at
15 the time of impoundment or immobilization, for a period of 90
16 days or for the unexpired term of any lease or rental
17 agreement that expires within 90 days. The impoundment or
18 immobilization must not occur concurrently with the
19 incarceration of the defendant and must occur concurrently
20 with the driver's license revocation imposed under s.
21 322.28(2)(a)3. The impoundment or immobilization order may be
22 dismissed in accordance with paragraph (e), paragraph (f),
23 paragraph (g), or paragraph (h). At least 48 hours of
24 confinement must be consecutive.
25 Section 2. Paragraph (f) of subsection (3) of section
26 921.0022, Florida Statutes, is amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 Florida Felony
2 Statute Degree Description
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4 (f) LEVEL 6
5 316.027(1)(b) 2nd Accident involving death, failure
6 to stop; leaving scene.
7 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
8 conviction.
9 316.193(2)(c) 3rd Felony DUI, 3rd or subsequent
10 conviction within 10-year period.
11 316.193(2)(d) 3rd Felony DUI; driving with
12 suspended, canceled, or revoked
13 license.
14 316.193(2)(e) 3rd Felony DUI; driving with license
15 restricted to business or
16 employment purposes.
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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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
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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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
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.
30 825.103(2)(c) 3rd Exploiting an elderly person or
31 disabled adult and property is
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 valued at less than $20,000.
2 827.03(1) 3rd Abuse of a child.
3 827.03(3)(c) 3rd Neglect of a child.
4 827.071(2)&(3) 2nd Use or induce a child in a sexual
5 performance, or promote or direct
6 such performance.
7 836.05 2nd Threats; extortion.
8 836.10 2nd Written threats to kill or do
9 bodily injury.
10 843.12 3rd Aids or assists person to escape.
11 847.0135(3) 3rd Solicitation of a child, via a
12 computer service, to commit an
13 unlawful sex act.
14 914.23 2nd Retaliation against a witness,
15 victim, or informant, with bodily
16 injury.
17 943.0435(9) 3rd Sex offenders; failure to comply
18 with reporting requirements.
19 944.35(3)(a)2. 3rd Committing malicious battery upon
20 or inflicting cruel or inhuman
21 treatment on an inmate or
22 offender on community
23 supervision, resulting in great
24 bodily harm.
25 944.40 2nd Escapes.
26 944.46 3rd Harboring, concealing, aiding
27 escaped prisoners.
28 944.47(1)(a)5. 2nd Introduction of contraband
29 (firearm, weapon, or explosive)
30 into correctional facility.
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HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 Section 3. This act shall take effect October 1, 2001.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 1, line 2,
10 remove from the title of the bill: the entire title
11
12 and insert in lieu thereof:
13 An act relating to driving under the influence;
14 amending ss. 316.193 and 921.0022, F.S.; providing a minimum
15 fine and minimum mandatory term of imprisonment for a fourth
16 conviction for driving under the influence; providing a third
17 degree felony penalty for a third or subsequent conviction of
18 driving under the influence within 10 years after a prior
19 conviction; providing a minimum mandatory term of
20 imprisonment; including the offense within the Criminal
21 Punishment Code offense severity ranking chart; providing a
22 third degree felony penalty for driving under the influence
23 with canceled, suspended, or revoked license; providing a
24 minimum fine and minimum mandatory term of imprisonment;
25 including the offense within the Criminal Punishment Code
26 offense severity ranking chart; providing a third degree
27 felony penalty for driving under the influence with a license
28 restricted solely to business or employment purposes;
29 providing a minimum fine and minimum mandatory term of
30 imprisonment; including the offense within the Criminal
31 Punishment Code offense severity ranking chart; providing a
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File original & 9 copies 03/27/01
hcp0006 11:57 am 01401-cpcs-675103
HOUSE AMENDMENT
Bill No. HB 1401 Barcode 675103
Amendment No. 01 (for drafter's use only)
1 minimum term of imprisonment for any person convicted of
2 driving under the influence with a blood-alcohol level or a
3 breath-alcohol level of .20 or higher; requiring a specified
4 portion of fines imposed pursuant to a conviction for driving
5 under the influence with a blood-alcohol level or a
6 breath-alcohol level of 0.20 or higher to be remitted to
7 county correctional facilities; providing an effective date.
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