House Bill hb1401
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Florida House of Representatives - 2001 HB 1401
By Representatives Pickens and Clarke
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending ss. 316.193 and 921.0022, F.S.;
4 providing a minimum term of imprisonment for
5 any person convicted of driving under the
6 influence; providing a third degree felony
7 penalty for a third conviction of driving under
8 the influence within 10 years after the first
9 of two or more convictions; providing a minimum
10 fine and minimum mandatory term of
11 imprisonment; revising the Criminal Punishment
12 Code offense severity ranking chart to conform;
13 providing a third degree felony penalty for a
14 fourth or subsequent conviction of driving
15 under the influence within 10 years after the
16 first of three or more convictions; providing a
17 minimum fine and minimum mandatory term of
18 imprisonment; including the offense within the
19 Criminal Punishment Code offense severity
20 ranking chart; providing a third degree felony
21 penalty for driving under the influence with a
22 canceled, suspended, or revoked license;
23 providing a minimum fine and minimum mandatory
24 term of imprisonment; including the offense
25 within the Criminal Punishment Code offense
26 severity ranking chart; providing a third
27 degree felony penalty for driving under the
28 influence with a license restricted solely to
29 business or employment purposes; providing a
30 minimum fine and minimum mandatory term of
31 imprisonment; including the offense within the
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Florida House of Representatives - 2001 HB 1401
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1 Criminal Punishment Code offense severity
2 ranking chart; requiring a specified portion of
3 fines imposed pursuant to a conviction for
4 driving under the influence with a
5 blood-alcohol level or a breath-alcohol level
6 of 0.20 or higher to be remitted to county
7 correctional facilities; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (2) and (4) of section 316.193,
13 Florida Statutes, are amended to read:
14 316.193 Driving under the influence; penalties.--
15 (2)(a) Except as provided in paragraphs paragraph (b),
16 (c), (d), and (e), subsection (3), or subsection (4), any
17 person who is convicted of a violation of subsection (1) shall
18 be punished:
19 1. By a fine of:
20 a. Not less than $250 or more than $500 for a first
21 conviction.
22 b. Not less than $500 or more than $1,000 for a second
23 conviction.
24 c. Not less than $1,000 or more than $2,500 for a
25 third conviction, other than a third conviction as specified
26 in paragraph (b); and
27 2. By imprisonment for:
28 a. Not less than 48 hours nor more than 6 months for a
29 first conviction.
30 b. Not less than 48 hours nor more than 9 months for a
31 second conviction.
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1 c. Not less than 48 hours nor more than 12 months for
2 a third conviction, other than a third conviction as specified
3 in paragraph (b).
4 (b) Any person who is convicted of a third fourth or
5 subsequent violation of this section within 10 years after the
6 first of two or more convictions for a violation of this
7 section is guilty of a felony of the third degree, punishable
8 as provided in s. 775.082, s. 775.083, or s. 775.084; however,
9 the minimum penalty fine imposed for such third fourth or
10 subsequent violation shall may be a fine of not less than
11 $1,000 and a minimum mandatory term of imprisonment of 30
12 days.
13 (c) Any person who is convicted of a fourth or
14 subsequent violation of this section within 10 years after the
15 first of three or more convictions for a violation of this
16 section is guilty of a felony of the third degree, punishable
17 as provided in s. 775.082, s. 775.083, or s. 775.084; however,
18 the minimum penalty for such fourth or subsequent violation
19 shall be a fine of not less than $1,000 and a minimum
20 mandatory term of imprisonment of 30 days.
21 (d) Any person who is convicted of a violation of this
22 section who at the time of the offense was operating a motor
23 vehicle while his or her license or privilege was canceled,
24 suspended, or revoked pursuant to this section or s. 322.2615
25 is guilty of a felony of the third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084; however,
27 the minimum penalty for such violation shall be a fine of not
28 less than $1,000 and a minimum mandatory term of imprisonment
29 of 30 days.
30 (e) Any person who is convicted of a violation of this
31 section who at the time of the offense was operating a motor
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1 vehicle with a license for driving privileges restricted
2 solely to business or employment purposes is guilty of a
3 felony of the third degree, punishable as provided in s.
4 775.082, s. 775.083, or s. 775.084; however, the minimum
5 penalty for such violation shall be a fine of not less than
6 $1,000 and a minimum mandatory term of imprisonment of 30
7 days.
8 (4) Any person who is convicted of a violation of
9 subsection (1) and who has a blood-alcohol level or
10 breath-alcohol level of 0.20 or higher, or any person who is
11 convicted of a violation of subsection (1) and who at the time
12 of the offense was accompanied in the vehicle by a person
13 under the age of 18 years, shall be punished:
14 (a) By a fine of:
15 1. Not less than $500 or more than $1,000 for a first
16 conviction.
17 2. Not less than $1,000 or more than $2,000 for a
18 second conviction.
19 3. Not less than $2,000 or more than $5,000 for a
20 third or subsequent conviction.
21
22 One hundred dollars of each fine imposed under this paragraph
23 shall be remitted to the county correctional facility in which
24 the offender convicted of a violation of this subsection
25 serves his or her term of imprisonment.
26 (b) By imprisonment for:
27 1. Not less than 48 hours nor more than 9 months for a
28 first conviction.
29 2. Not less than 48 hours nor more than 12 months for
30 a second conviction.
31 3. Not more than 12 months for a third conviction.
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1
2 For the purposes of this subsection, any conviction for a
3 violation of s. 327.35, only the instant offense is required
4 to be a violation of subsection (1) by a person who has a
5 blood-alcohol level or breath-alcohol level of 0.20 or higher.
6 Section 2. Paragraphs (f) and (g) of subsection (3) of
7 section 921.0022, Florida Statutes, are amended to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15 (f) LEVEL 6
16 316.027(1)(b) 2nd Accident involving death, failure
17 to stop; leaving scene.
18 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
19 conviction within 10-year period.
20 316.193(2)(d) 3rd Felony DUI; driving with
21 suspended, canceled, or revoked
22 license.
23 316.193(2)(e) 3rd Felony DUI; driving with license
24 restricted to business or
25 employment purposes.
26 775.0875(1) 3rd Taking firearm from law
27 enforcement officer.
28 775.21(10) 3rd Sexual predators; failure to
29 register; failure to renew
30 driver's license or
31 identification card.
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1 784.021(1)(a) 3rd Aggravated assault; deadly weapon
2 without intent to kill.
3 784.021(1)(b) 3rd Aggravated assault; intent to
4 commit felony.
5 784.041 3rd Felony battery.
6 784.048(3) 3rd Aggravated stalking; credible
7 threat.
8 784.048(5) 3rd Aggravated stalking of person
9 under 16.
10 784.07(2)(c) 2nd Aggravated assault on law
11 enforcement officer.
12 784.08(2)(b) 2nd Aggravated assault on a person 65
13 years of age or older.
14 784.081(2) 2nd Aggravated assault on specified
15 official or employee.
16 784.082(2) 2nd Aggravated assault by detained
17 person on visitor or other
18 detainee.
19 784.083(2) 2nd Aggravated assault on code
20 inspector.
21 787.02(2) 3rd False imprisonment; restraining
22 with purpose other than those in
23 s. 787.01.
24 790.115(2)(d) 2nd Discharging firearm or weapon on
25 school property.
26 790.161(2) 2nd Make, possess, or throw
27 destructive device with intent to
28 do bodily harm or damage
29 property.
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1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 800.04(5)(d) 3rd Lewd or lascivious molestation;
13 victim 12 years of age or older
14 but less than 16 years; offender
15 less than 18 years.
16 800.04(6)(b) 2nd Lewd or lascivious conduct;
17 offender 18 years of age or
18 older.
19 806.031(2) 2nd Arson resulting in great bodily
20 harm to firefighter or any other
21 person.
22 810.02(3)(c) 2nd Burglary of occupied structure;
23 unarmed; no assault or battery.
24 812.014(2)(b) 2nd Property stolen $20,000 or more,
25 but less than $100,000, grand
26 theft in 2nd degree.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
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1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.03(3)(c) 3rd Neglect of a child.
16 827.071(2)&(3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(3) 3rd Solicitation of a child, via a
24 computer service, to commit an
25 unlawful sex act.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29 943.0435(9) 3rd Sex offenders; failure to comply
30 with reporting requirements.
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 (g) LEVEL 7
17 316.193(2)(c) 3rd Felony DUI, 4th or subsequent
18 conviction within 10 years.
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 402.319(2) 2nd Misrepresentation and negligence
24 or intentional act resulting in
25 great bodily harm, permanent
26 disfiguration, permanent
27 disability, or death.
28 409.920(2) 3rd Medicaid provider fraud.
29 456.065(2) 3rd Practicing a health care
30 profession without a license.
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.053 3rd Dispensing hearing aids without a
2 license.
3 494.0018(2) 1st Conviction of any violation of
4 ss. 494.001-494.0077 in which the
5 total money and property
6 unlawfully obtained exceeded
7 $50,000 and there were five or
8 more victims.
9 560.123(8)(b)1. 3rd Failure to report currency or
10 payment instruments exceeding
11 $300 but less than $20,000 by
12 money transmitter.
13 560.125(5)(a) 3rd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments exceeding
16 $300 but less than $20,000.
17 655.50(10)(b)1. 3rd Failure to report financial
18 transactions exceeding $300 but
19 less than $20,000 by financial
20 institution.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
29
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.166(3) 2nd Possessing, selling, using, or
4 attempting to use a hoax weapon
5 of mass destruction.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(3) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 872.06 2nd Abuse of a dead human body.
24 893.13(1)(c)1. 1st Sell, manufacture, or deliver
25 cocaine (or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4.) within 1,000 feet of a
29 child care facility or school.
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1 893.13(1)(e)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), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less then 5
16 kilograms.
17 893.135
18 (1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 3. This act shall take effect October 1, 2001.
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1 *****************************************
2 HOUSE SUMMARY
3
Provides a minimum term of imprisonment of 48 hours for
4 any person convicted of driving under the influence.
5
Provides a third degree felony penalty for a third
6 conviction of driving under the influence within 10 years
after the first of two or more convictions and provides a
7 minimum fine of $1,000 and minimum mandatory term of
imprisonment of 30 days. Classifies the offense within
8 the Criminal Punishment Code offense severity ranking
chart as a level 6 offense. Provides a third degree
9 felony penalty for a fourth or subsequent conviction of
driving under the influence within 10 years after the
10 first of three or more convictions and provides a minimum
fine of $1,000 and a minimum mandatory term of
11 imprisonment of 30 days. Includes the offense within the
offense severity ranking chart as a level 7 offense.
12 Provides a third degree felony penalty for driving under
the influence with a canceled, suspended, or revoked
13 license and provides a minimum fine of $1,000 and a
minimum mandatory term of imprisonment of 30 days.
14 Includes the offense within the offense severity ranking
chart as a level 6 offense. Provides a third degree
15 felony penalty for driving under the influence with a
license restricted solely to business or employment
16 purposes and provides a minimum fine of $1,000 and a
minimum mandatory term of imprisonment of 30 days.
17 Includes the offense within the offense severity ranking
chart as a level 6 offense.
18
19 Requires $100 of the fine imposed pursuant to a
conviction for driving under the influence with a
20 blood-alcohol level or a breath-alcohol level of 0.20 or
higher to be remitted to county correctional facilities.
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