Senate Bill sb0716

    Florida Senate - 2001                                   SB 716

    By Senator Burt





    16-410A-01

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.193, F.S.; increasing the

  4         penalty for a third conviction of driving under

  5         the influence to a third-degree felony;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Subsections (2) and (4) of section 316.193,

11  Florida Statutes, are amended to read:

12         316.193  Driving under the influence; penalties.--

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

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

15  violation of subsection (1) shall be punished:

16         1.  By a fine of:

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

18  conviction.

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

20  conviction; and.

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

22  third conviction; and

23         2.  By imprisonment for:

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

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

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

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

28  subsequent violation of this section within 10 years after the

29  first of three or more convictions for a violation of this

30  section is guilty of a felony of the third degree, punishable

31  as provided in s. 775.082, s. 775.083, or s. 775.084; however,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 716
    16-410A-01




  1  the fine imposed for such third fourth or subsequent violation

  2  may be not less than $1,000.

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

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

  5  breath-alcohol level of 0.20 or higher, or any person who is

  6  convicted of a violation of subsection (1) and who at the time

  7  of the offense was accompanied in the vehicle by a person

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

  9         (a)  By a fine of:

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

11  conviction.

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

13  second conviction.

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

15  third or subsequent conviction.

16         (b)  By imprisonment for:

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

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

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

20

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

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

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

24  blood-alcohol level or breath-alcohol level of 0.20 or higher.

25         Section 2.  This act shall take effect October 1, 2001.

26

27            *****************************************

28                          SENATE SUMMARY

29    Increases the penalty for a third conviction of driving
      under the influence to a third-degree felony.
30

31

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CODING: Words stricken are deletions; words underlined are additions.