House Bill hb0525
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Florida House of Representatives - 2001 HB 525
By Representative Clarke
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; providing a third
4 degree felony penalty for a third or subsequent
5 conviction for driving under the influence;
6 providing for a minimum term of imprisonment of
7 3 days for a first conviction for driving under
8 the influence; amending s. 921.0022, F.S.;
9 conforming provisions in the sentencing
10 guidelines; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsections (2) and (4) of section 316.193,
15 Florida Statutes, are amended to read:
16 316.193 Driving under the influence; penalties.--
17 (2)(a) Except as provided in paragraph (b), subsection
18 (3), or subsection (4), any person who is convicted of a
19 violation of subsection (1) shall be punished:
20 1. By a fine of:
21 a. Not less than $250 or more than $500 for a first
22 conviction.
23 b. Not less than $500 or more than $1,000 for a second
24 conviction.
25 c. Not less than $1,000 or more than $2,500 for a
26 third conviction; and
27 2. By imprisonment for:
28 a. Not less than 3 days nor Not more than 6 months for
29 a first conviction.
30 b. Not more than 9 months for a second conviction.
31 c. Not more than 12 months for a third conviction.
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1 (b) Any person who is convicted of a third fourth or
2 subsequent violation of this section is guilty of a felony of
3 the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084; however, the fine imposed for such
5 third fourth or subsequent violation may be not less than
6 $1,000.
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 0.20 or higher, or any person who is
10 convicted of a violation of subsection (1) and who at the time
11 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 less than 3 days nor Not more than 9 months for
22 a first conviction.
23 2. Not more than 12 months for a second conviction.
24 3. Not more than 12 months for a third conviction.
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26 For the purposes of this subsection, any conviction for a
27 violation of s. 327.35, only the instant offense is required
28 to be a violation of subsection (1) by a person who has a
29 blood-alcohol level or breath-alcohol level of 0.20 or higher.
30 Section 2. Paragraph (f) of subsection (3) of section
31 921.0022, Florida Statutes, is amended to read:
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Florida House of Representatives - 2001 HB 525
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (f) LEVEL 6
9 316.027(1)(b) 2nd Accident involving death, failure
10 to stop; leaving scene.
11 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
12 conviction.
13 775.0875(1) 3rd Taking firearm from law
14 enforcement officer.
15 775.21(10) 3rd Sexual predators; failure to
16 register; failure to renew
17 driver's license or
18 identification card.
19 784.021(1)(a) 3rd Aggravated assault; deadly weapon
20 without intent to kill.
21 784.021(1)(b) 3rd Aggravated assault; intent to
22 commit felony.
23 784.041 3rd Felony battery.
24 784.048(3) 3rd Aggravated stalking; credible
25 threat.
26 784.048(5) 3rd Aggravated stalking of person
27 under 16.
28 784.07(2)(c) 2nd Aggravated assault on law
29 enforcement officer.
30 784.08(2)(b) 2nd Aggravated assault on a person 65
31 years of age or older.
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1 784.081(2) 2nd Aggravated assault on specified
2 official or employee.
3 784.082(2) 2nd Aggravated assault by detained
4 person on visitor or other
5 detainee.
6 784.083(2) 2nd Aggravated assault on code
7 inspector.
8 787.02(2) 3rd False imprisonment; restraining
9 with purpose other than those in
10 s. 787.01.
11 790.115(2)(d) 2nd Discharging firearm or weapon on
12 school property.
13 790.161(2) 2nd Make, possess, or throw
14 destructive device with intent to
15 do bodily harm or damage
16 property.
17 790.164(1) 2nd False report of deadly explosive
18 or act of arson or violence to
19 state property.
20 790.19 2nd Shooting or throwing deadly
21 missiles into dwellings, vessels,
22 or vehicles.
23 794.011(8)(a) 3rd Solicitation of minor to
24 participate in sexual activity by
25 custodial adult.
26 794.05(1) 2nd Unlawful sexual activity with
27 specified minor.
28 800.04(5)(d) 3rd Lewd or lascivious molestation;
29 victim 12 years of age or older
30 but less than 16 years; offender
31 less than 18 years.
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1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b) 2nd Property stolen $20,000 or more,
10 but less than $100,000, grand
11 theft in 2nd degree.
12 812.13(2)(c) 2nd Robbery, no firearm or other
13 weapon (strong-arm robbery).
14 817.034(4)(a)1. 1st Communications fraud, value
15 greater than $50,000.
16 817.4821(5) 2nd Possess cloning paraphernalia
17 with intent to create cloned
18 cellular telephones.
19 825.102(1) 3rd Abuse of an elderly person or
20 disabled adult.
21 825.102(3)(c) 3rd Neglect of an elderly person or
22 disabled adult.
23 825.1025(3) 3rd Lewd or lascivious molestation of
24 an elderly person or disabled
25 adult.
26 825.103(2)(c) 3rd Exploiting an elderly person or
27 disabled adult and property is
28 valued at less than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
31
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1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 847.0135(3) 3rd Solicitation of a child, via a
9 computer service, to commit an
10 unlawful sex act.
11 914.23 2nd Retaliation against a witness,
12 victim, or informant, with bodily
13 injury.
14 943.0435(9) 3rd Sex offenders; failure to comply
15 with reporting requirements.
16 944.35(3)(a)2. 3rd Committing malicious battery upon
17 or inflicting cruel or inhuman
18 treatment on an inmate or
19 offender on community
20 supervision, resulting in great
21 bodily harm.
22 944.40 2nd Escapes.
23 944.46 3rd Harboring, concealing, aiding
24 escaped prisoners.
25 944.47(1)(a)5. 2nd Introduction of contraband
26 (firearm, weapon, or explosive)
27 into correctional facility.
28 951.22(1) 3rd Intoxicating drug, firearm, or
29 weapon introduced into county
30 facility.
31 Section 3. This act shall take effect October 1, 2001.
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2 HOUSE SUMMARY
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Provides a third degree felony penalty for a third or
4 subsequent penalty for driving under the influence and
provides for a minimum term of imprisonment of 3 days for
5 a first conviction for driving under the influence. See
bill for details.
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