Senate Bill sb0716c1
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Florida Senate - 2001 CS for SB 716
By the Committee on Criminal Justice and Senators Burt,
Sullivan and Silver
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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 if
6 committed within a specified period following a
7 prior conviction; increasing the penalty for a
8 fourth or subsequent violation of driving under
9 the influence to a third-degree felony
10 regardless of when any prior conviction
11 occurred; amending s. 921.0022, F.S., relating
12 to the offense severity ranking chart of the
13 Criminal Punishment Code; conforming provisions
14 to changes made by the act; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsections (2) and (4) of section 316.193,
20 Florida Statutes, are amended to read:
21 316.193 Driving under the influence; penalties.--
22 (2)(a) Except as provided in paragraph (b), subsection
23 (3), or subsection (4), any person who is convicted of a
24 violation of subsection (1) shall be punished:
25 1. By a fine of:
26 a. Not less than $250 or more than $500 for a first
27 conviction.
28 b. Not less than $500 or more than $1,000 for a second
29 conviction; and.
30 c. Not less than $1,000 or more than $2,500 for a
31 third conviction; and
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Florida Senate - 2001 CS for SB 716
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1 2. By imprisonment for:
2 a. Not more than 6 months for a first conviction.
3 b. Not more than 9 months for a second conviction.
4 c. Not more than 12 months for a third conviction.
5 (b)1. Any person who is convicted of a third fourth or
6 subsequent violation of this section within 10 years after any
7 prior conviction for a violation of this section commits is
8 guilty of a felony of the third degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.;
10 2. Any person who is convicted of a fourth or
11 subsequent violation of this section, regardless of when any
12 prior conviction for a violation of this section occurred,
13 commits a felony of the third degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084.
15
16 However, the fine imposed for a third such fourth or
17 subsequent violation may be not less than $1,000.
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 0.20 or higher, or any person who is
21 convicted of a violation of subsection (1) and who at the time
22 of the offense was accompanied in the vehicle 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 or subsequent conviction.
31 (b) By imprisonment for:
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Florida Senate - 2001 CS for SB 716
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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.
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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 Section 2. Paragraph (f) of subsection (3) of section
10 921.0022, Florida Statutes, is amended to read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
14
15 Florida Felony
16 Statute Degree Description
17
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19 (f) LEVEL 6
20 316.027(1)(b) 2nd Accident involving death, failure
21 to stop; leaving scene.
22 316.193(2)(b) 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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Florida Senate - 2001 CS for SB 716
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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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Florida Senate - 2001 CS for SB 716
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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.
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Florida Senate - 2001 CS for SB 716
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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.
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Florida Senate - 2001 CS for SB 716
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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 Section 3. This act shall take effect October 1, 2001.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 716
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21 Ensures that a fourth or subsequent DUI offender, regardless
of when a prior DUI occurs, commits a third degree felony
22 (retains current law).
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