Senate Bill sb1024c1
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    Florida Senate - 2002                           CS for SB 1024
    By the Committee on Criminal Justice; and Senator Burt
    307-2069-02
  1                      A bill to be entitled
  2         An act relating to driving or boating under the
  3         influence of alcohol or controlled substances;
  4         amending s. 316.193, F.S.; increasing the
  5         penalties for a third conviction of driving
  6         under the influence to a third-degree felony if
  7         committed within specified periods following a
  8         prior conviction; increasing the penalty for a
  9         fourth or subsequent violation of driving under
10         the influence to a third-degree felony
11         regardless of when any prior conviction
12         occurred; requiring mandatory placement of an
13         interlock device under certain circumstances;
14         amending s. 316.1933, F.S.; requiring a person
15         to submit to a blood test under certain
16         circumstances; providing that the test need not
17         be incidental to a lawful arrest; providing
18         that a breath-alcohol test may substitute for a
19         blood-alcohol test under certain circumstances;
20         amending s. 327.35, F.S.; increasing the
21         penalties for a third conviction of operating a
22         vessel under the influence to a third-degree
23         felony if committed within specified periods
24         following a prior conviction; increasing the
25         penalty for a fourth or subsequent violation of
26         operating a vessel under the influence to a
27         third-degree felony regardless of when any
28         prior conviction occurred; amending s. 327.353,
29         F.S.; requiring a person to submit to a blood
30         test under certain circumstances; providing
31         that the test need not be incidental to a
                                  1
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1         lawful arrest; providing that a breath-alcohol
  2         test may substitute for a blood-alcohol test
  3         under certain circumstances; amending s.
  4         921.0022, F.S.; revising provisions relating to
  5         certain DUI offenses; including certain BUI
  6         offenses within the offense severity ranking
  7         chart; amending s. 938.07, F.S.; providing for
  8         application of a fee to persons found guilty of
  9         boating under the influence; correcting a
10         cross-reference; 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 more than 6 months for a first conviction.
29         b.  Not more than 9 months for a second conviction.
30         c.  Not more than 12 months for a third conviction.
31
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1         (b)1.  Any person who is convicted of a third fourth or
  2  subsequent violation of this section within 10 years after any
  3  prior conviction for a violation of this section commits is
  4  guilty of a felony of the third degree, punishable as provided
  5  in s. 775.082, s. 775.083, or s. 775.084. In addition, the
  6  court shall order the mandatory placement for a period of not
  7  less than 2 years, at the convicted person's sole expense, of
  8  an interlock device approved by the Department of Highway
  9  Safety and Motor Vehicles upon all vehicles that are
10  individually or jointly owned and that are routinely operated
11  by the convicted person.;
12         2.  Any person who is convicted of a third violation of
13  this section after 10 years following any prior conviction for
14  a violation of this section shall be punished by a fine of not
15  less than $1,000 or more than $2,500 and by imprisonment for
16  not more than 12 months.
17         3.  Any person who is convicted of a fourth or
18  subsequent violation of this section, regardless of when any
19  prior conviction for a violation of this section occurred,
20  commits a felony of the third degree, punishable as provided
21  in s. 775.082, s. 775.083, or s. 775.084. In addition, the
22  court shall order the mandatory placement for a period of not
23  less than 2 years, at the convicted person's sole expense, of
24  an interlock device approved by the Department of Highway
25  Safety and Motor Vehicles upon all vehicles that are
26  individually or jointly owned and that are routinely operated
27  by the convicted person.
28
29  However, the fine imposed for a third such fourth or
30  subsequent violation may be not less than $1,000.
31
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    Florida Senate - 2002                           CS for SB 1024
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  1         (4)  Any person who is convicted of a violation of
  2  subsection (1) and who has a blood-alcohol level or
  3  breath-alcohol level of 0.20 or higher, or any person who is
  4  convicted of a violation of subsection (1) and who at the time
  5  of the offense was accompanied in the vehicle by a person
  6  under the age of 18 years, shall be punished:
  7         (a)  By a fine of:
  8         1.  Not less than $500 or more than $1,000 for a first
  9  conviction.
10         2.  Not less than $1,000 or more than $2,000 for a
11  second conviction.
12         3.  Not less than $2,000 or more than $5,000 for a
13  third or subsequent conviction.
14         (b)  By imprisonment for:
15         1.  Not more than 9 months for a first conviction.
16         2.  Not more than 12 months for a second conviction.
17         3.  Not more than 12 months for a third conviction.
18
19  For the purposes of this subsection, any conviction for a
20  violation of s. 327.35, only the instant offense is required
21  to be a violation of subsection (1) by a person who has a
22  blood-alcohol level or breath-alcohol level of 0.20 or higher.
23         Section 2.  Subsection (1) of section 316.1933, Florida
24  Statutes, is amended to read:
25         316.1933  Blood test for impairment or intoxication in
26  cases of death or serious bodily injury; right to use
27  reasonable force.--
28         (1)(a)  Notwithstanding any recognized ability to
29  refuse to submit to the tests provided in s. 316.1932 or any
30  recognized power to revoke the implied consent to such tests,
31  If a law enforcement officer has probable cause to believe
                                  4
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1  that a motor vehicle driven by or in the actual physical
  2  control of a person under the influence of alcoholic
  3  beverages, any chemical substances, or any controlled
  4  substances has caused the death or serious bodily injury of a
  5  human being, such person shall submit, upon the request of a
  6  law enforcement officer shall require the person driving or in
  7  actual physical control of the motor vehicle to submit, to a
  8  test of the person's blood for the purpose of determining the
  9  alcoholic content thereof or the presence of chemical
10  substances as set forth in s. 877.111 or any substance
11  controlled under chapter 893.  The law enforcement officer may
12  use reasonable force if necessary to require such person to
13  submit to the administration of the blood test.  The blood
14  test shall be performed in a reasonable manner.
15  Notwithstanding s. 316.1932, the testing required by this
16  paragraph need not be incidental to a lawful arrest of the
17  person.
18         (b)  The term "serious bodily injury" means an injury
19  to any person, including the driver, which consists of a
20  physical condition that creates a substantial risk of death,
21  serious personal disfigurement, or protracted loss or
22  impairment of the function of any bodily member or organ.
23         (c)  The law enforcement officer shall offer any person
24  subject to a blood test under this subsection the opportunity
25  to submit to an approved chemical test of the person's breath
26  and, if the person submits to the test and a valid reading is
27  obtained, the blood test shall be waived.  This paragraph
28  shall not apply to any person who is unconscious or whose
29  mental or physical condition does not allow the administration
30  of a breath test or any person who the law enforcement officer
31  has probable cause to believe was operating a motor vehicle
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1  under the influence of any chemical substances as set forth in
  2  s. 877.111 or any controlled substances.
  3         Section 3.  Subsections (2) and (4) of section 327.35,
  4  Florida Statutes, are amended to read:
  5         327.35  Boating under the influence; penalties;
  6  "designated drivers".--
  7         (2)(a)  Except as provided in paragraph (b), subsection
  8  (3), or subsection (4), any person who is convicted of a
  9  violation of subsection (1) shall be punished:
10         1.  By a fine of:
11         a.  Not less than $250 or more than $500 for a first
12  conviction.
13         b.  Not less than $500 or more than $1,000 for a second
14  conviction.
15         c.  Not less than $1,000 or more than $2,500 for a
16  third conviction; and
17         2.  By imprisonment for:
18         a.  Not more than 6 months for a first conviction.
19         b.  Not more than 9 months for a second conviction.
20         c.  Not more than 12 months for a third conviction.
21         (b)1.  Any person who is convicted of a third fourth or
22  subsequent violation of this section within 10 years after any
23  prior conviction for a violation of this section commits is
24  guilty of a felony of the third degree, punishable as provided
25  in s. 775.082, s. 775.083, or s. 775.084.;
26         2.  Any person who is convicted of a third violation of
27  this section after 10 years following any prior conviction for
28  a violation of this section shall be punished by a fine of not
29  less than $1,000 or more than $2,500 and by imprisonment for
30  not more than 12 months.
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1         3.  Any person who is convicted of a fourth or
  2  subsequent violation of this section, regardless of when any
  3  prior conviction for a violation of this section occurred,
  4  commits a felony of the third degree, punishable as provided
  5  in s. 775.082, s. 775.083, or s. 775.084.
  6
  7  However, the fine imposed for a third such fourth or
  8  subsequent violation may not be less than $1,000.
  9         (4)  Any person who is convicted of a violation of
10  subsection (1) and who has a blood-alcohol level or
11  breath-alcohol level of 0.20 or higher, or any person who is
12  convicted of a violation of subsection (1) and who at the time
13  of the offense was accompanied in the vessel by a person under
14  the age of 18 years, shall be punished:
15         (a)  By a fine of:
16         1.  Not less than $500 or more than $1,000 for a first
17  conviction.
18         2.  Not less than $1,000 or more than $2,000 for a
19  second conviction.
20         3.  Not less than $2,000 or more than $5,000 for a
21  third or subsequent conviction.
22         (b)  By imprisonment for:
23         1.  Not more than 9 months for a first conviction.
24         2.  Not more than 12 months for a second conviction.
25         3.  Not more than 12 months for a third conviction.
26
27  For the purposes of this subsection, only the instant offense
28  is required to be a violation of subsection (1) by a person
29  who has a blood-alcohol level or breath-alcohol level of 0.20
30  or higher.
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    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1         Section 4.  Subsection (1) of section 327.353, Florida
  2  Statutes, is amended to read:
  3         327.353  Blood test for impairment or intoxication in
  4  cases of death or serious bodily injury; right to use
  5  reasonable force.--
  6         (1)(a)  Notwithstanding any recognized ability to
  7  refuse to submit to the tests provided in s. 327.352 or any
  8  recognized power to revoke the implied consent to such tests,
  9  If a law enforcement officer has probable cause to believe
10  that a vessel operated by a person under the influence of
11  alcoholic beverages, any chemical substances, or any
12  controlled substances has caused the death or serious bodily
13  injury of a human being, the person shall submit, upon the
14  request of a law enforcement officer shall require the person
15  operating or in actual physical control of the vessel to
16  submit, to a test of the person's blood for the purpose of
17  determining the alcoholic content thereof or the presence of
18  chemical substances as set forth in s. 877.111 or any
19  substance controlled under chapter 893.  The law enforcement
20  officer may use reasonable force if necessary to require the
21  person to submit to the administration of the blood test.  The
22  blood test shall be performed in a reasonable manner.
23  Notwithstanding s. 327.352, the testing required by this
24  paragraph need not be incidental to a lawful arrest of the
25  person.
26         (b)  The term "serious bodily injury" means an injury
27  to any person, including the operator, which consists of a
28  physical condition that creates a substantial risk of death,
29  serious personal disfigurement, or protracted loss or
30  impairment of the function of any bodily member or organ.
31
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    Florida Senate - 2002                           CS for SB 1024
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  1         (c)  The law enforcement officer shall offer any person
  2  subject to a blood test under this subsection the opportunity
  3  to submit to an approved chemical test of the person's breath
  4  and, if the person submits to the test and a valid reading is
  5  obtained, the blood test shall be waived. This paragraph shall
  6  not apply to any person who is unconscious or whose mental or
  7  physical condition does not allow the administration of a
  8  breath test or any person who the law enforcement officer has
  9  probable cause to believe was operating a vessel under the
10  influence of any chemical substances as set forth in s.
11  877.111 or any controlled substances.
12         Section 5.  Paragraphs (f) and (i) of subsection (3) of
13  section 921.0022, Florida Statutes, as amended by chapter
14  2001-358, Laws of Florida, are amended to read:
15         921.0022  Criminal Punishment Code; offense severity
16  ranking chart.--
17         (3)  OFFENSE SEVERITY RANKING CHART
18
19  Florida           Felony
20  Statute           Degree             Description
21
22
23                              (f)  LEVEL 6
24  316.027(1)(b)      2nd      Accident involving death, failure
25                              to stop; leaving scene.
26  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent
27                              conviction.
28  327.35(2)(b)       3rd      Felony BUI.
29  775.0875(1)        3rd      Taking firearm from law
30                              enforcement officer.
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  1  775.21(10)         3rd      Sexual predators; failure to
  2                              register; failure to renew
  3                              driver's license or
  4                              identification card.
  5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon
  6                              without intent to kill.
  7  784.021(1)(b)      3rd      Aggravated assault; intent to
  8                              commit felony.
  9  784.041            3rd      Felony battery.
10  784.048(3)         3rd      Aggravated stalking; credible
11                              threat.
12  784.048(5)         3rd      Aggravated stalking of person
13                              under 16.
14  784.07(2)(c)       2nd      Aggravated assault on law
15                              enforcement officer.
16  784.074(1)(b)      2nd      Aggravated assault on sexually
17                              violent predators facility staff.
18  784.08(2)(b)       2nd      Aggravated assault on a person 65
19                              years of age or older.
20  784.081(2)         2nd      Aggravated assault on specified
21                              official or employee.
22  784.082(2)         2nd      Aggravated assault by detained
23                              person on visitor or other
24                              detainee.
25  784.083(2)         2nd      Aggravated assault on code
26                              inspector.
27  787.02(2)          3rd      False imprisonment; restraining
28                              with purpose other than those in
29                              s. 787.01.
30  790.115(2)(d)      2nd      Discharging firearm or weapon on
31                              school property.
                                  10
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    Florida Senate - 2002                           CS for SB 1024
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  1  790.161(2)         2nd      Make, possess, or throw
  2                              destructive device with intent to
  3                              do bodily harm or damage
  4                              property.
  5  790.164(1)         2nd      False report of deadly explosive
  6                              or act of arson or violence to
  7                              state property.
  8  790.19             2nd      Shooting or throwing deadly
  9                              missiles into dwellings, vessels,
10                              or vehicles.
11  794.011(8)(a)      3rd      Solicitation of minor to
12                              participate in sexual activity by
13                              custodial adult.
14  794.05(1)          2nd      Unlawful sexual activity with
15                              specified minor.
16  800.04(5)(d)       3rd      Lewd or lascivious molestation;
17                              victim 12 years of age or older
18                              but less than 16 years; offender
19                              less than 18 years.
20  800.04(6)(b)       2nd      Lewd or lascivious conduct;
21                              offender 18 years of age or
22                              older.
23  806.031(2)         2nd      Arson resulting in great bodily
24                              harm to firefighter or any other
25                              person.
26  810.02(3)(c)       2nd      Burglary of occupied structure;
27                              unarmed; no assault or battery.
28  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,
29                              but less than $100,000, grand
30                              theft in 2nd degree.
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  1  812.014(2)(b)2.    2nd      Property stolen cargo valued at
  2                              less than $50,000, grand theft in
  3                              2nd degree.
  4  812.015(9)         2nd      Retail theft; property stolen
  5                              $300 or more; second or
  6                              subsequent conviction.
  7  812.13(2)(c)       2nd      Robbery, no firearm or other
  8                              weapon (strong-arm robbery).
  9  817.034(4)(a)1.    1st      Communications fraud, value
10                              greater than $50,000.
11  817.4821(5)        2nd      Possess cloning paraphernalia
12                              with intent to create cloned
13                              cellular telephones.
14  825.102(1)         3rd      Abuse of an elderly person or
15                              disabled adult.
16  825.102(3)(c)      3rd      Neglect of an elderly person or
17                              disabled adult.
18  825.1025(3)        3rd      Lewd or lascivious molestation of
19                              an elderly person or disabled
20                              adult.
21  825.103(2)(c)      3rd      Exploiting an elderly person or
22                              disabled adult and property is
23                              valued at less than $20,000.
24  827.03(1)          3rd      Abuse of a child.
25  827.03(3)(c)       3rd      Neglect of a child.
26  827.071(2)&(3)     2nd      Use or induce a child in a sexual
27                              performance, or promote or direct
28                              such performance.
29  836.05             2nd      Threats; extortion.
30  836.10             2nd      Written threats to kill or do
31                              bodily injury.
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  1  843.12             3rd      Aids or assists person to escape.
  2  847.0135(3)        3rd      Solicitation of a child, via a
  3                              computer service, to commit an
  4                              unlawful sex act.
  5  914.23             2nd      Retaliation against a witness,
  6                              victim, or informant, with bodily
  7                              injury.
  8  943.0435(9)        3rd      Sex offenders; failure to comply
  9                              with reporting requirements.
10  944.35(3)(a)2.     3rd      Committing malicious battery upon
11                              or inflicting cruel or inhuman
12                              treatment on an inmate or
13                              offender on community
14                              supervision, resulting in great
15                              bodily harm.
16  944.40             2nd      Escapes.
17  944.46             3rd      Harboring, concealing, aiding
18                              escaped prisoners.
19  944.47(1)(a)5.     2nd      Introduction of contraband
20                              (firearm, weapon, or explosive)
21                              into correctional facility.
22  951.22(1)          3rd      Intoxicating drug, firearm, or
23                              weapon introduced into county
24                              facility.
25
26                              (i)  LEVEL 9
27  316.193
28   (3)(c)3.b.        1st      DUI manslaughter; failing to
29                              render aid or give information.
30  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to
31                              render aid or give information.
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  1  560.123(8)(b)3.    1st      Failure to report currency or
  2                              payment instruments totaling or
  3                              exceeding $100,000 by money
  4                              transmitter.
  5  560.125(5)(c)      1st      Money transmitter business by
  6                              unauthorized person, currency, or
  7                              payment instruments totaling or
  8                              exceeding $100,000.
  9  655.50(10)(b)3.    1st      Failure to report financial
10                              transactions totaling or
11                              exceeding $100,000 by financial
12                              institution.
13  755.0844           1st      Aggravated white collar crime.
14  782.04(1)          1st      Attempt, conspire, or solicit to
15                              commit premeditated murder.
16  782.04(3)          1st,PBL   Accomplice to murder in
17                              connection with arson, sexual
18                              battery, robbery, burglary, and
19                              other specified felonies.
20  782.051(1)         1st      Attempted felony murder while
21                              perpetrating or attempting to
22                              perpetrate a felony enumerated in
23                              s. 782.04(3).
24  782.07(2)          1st      Aggravated manslaughter of an
25                              elderly person or disabled adult.
26  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or
27                              reward or as a shield or hostage.
28  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit
29                              or facilitate commission of any
30                              felony.
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  1  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to
  2                              interfere with performance of any
  3                              governmental or political
  4                              function.
  5  787.02(3)(a)       1st      False imprisonment; child under
  6                              age 13; perpetrator also commits
  7                              aggravated child abuse, sexual
  8                              battery, or lewd or lascivious
  9                              battery, molestation, conduct, or
10                              exhibition.
11  790.161            1st      Attempted capital destructive
12                              device offense.
13  790.166(2)         1st,PBL  Possessing, selling, using, or
14                              attempting to use a weapon of
15                              mass destruction.
16  794.011(2)         1st      Attempted sexual battery; victim
17                              less than 12 years of age.
18  794.011(2)         Life     Sexual battery; offender younger
19                              than 18 years and commits sexual
20                              battery on a person less than 12
21                              years.
22  794.011(4)         1st      Sexual battery; victim 12 years
23                              or older, certain circumstances.
24  794.011(8)(b)      1st      Sexual battery; engage in sexual
25                              conduct with minor 12 to 18 years
26                              by person in familial or
27                              custodial authority.
28  800.04(5)(b)       1st      Lewd or lascivious molestation;
29                              victim less than 12 years;
30                              offender 18 years or older.
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  1  812.13(2)(a)       1st,PBL  Robbery with firearm or other
  2                              deadly weapon.
  3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other
  4                              deadly weapon.
  5  827.03(2)          1st      Aggravated child abuse.
  6  847.0145(1)        1st      Selling, or otherwise
  7                              transferring custody or control,
  8                              of a minor.
  9  847.0145(2)        1st      Purchasing, or otherwise
10                              obtaining custody or control, of
11                              a minor.
12  859.01             1st      Poisoning or introducing
13                              bacteria, radioactive materials,
14                              viruses, or chemical compounds
15                              into food, drink, medicine, or
16                              water with intent to kill or
17                              injure another person.
18  893.135            1st      Attempted capital trafficking
19                              offense.
20  893.135(1)(a)3.    1st      Trafficking in cannabis, more
21                              than 10,000 lbs.
22  893.135
23   (1)(b)1.c.        1st      Trafficking in cocaine, more than
24                              400 grams, less than 150
25                              kilograms.
26  893.135
27   (1)(c)1.c.        1st      Trafficking in illegal drugs,
28                              more than 28 grams, less than 30
29                              kilograms.
30
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  1  893.135
  2   (1)(d)1.c.        1st      Trafficking in phencyclidine,
  3                              more than 400 grams.
  4  893.135
  5   (1)(e)1.c.        1st      Trafficking in methaqualone, more
  6                              than 25 kilograms.
  7  893.135
  8   (1)(f)1.c.        1st      Trafficking in amphetamine, more
  9                              than 200 grams.
10  893.135
11   (1)(h)1.c.        1st      Trafficking in
12                              gamma-hydroxybutyric acid (GHB),
13                              10 kilograms or more.
14  893.135
15   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10
16                              kilograms or more.
17  893.135
18   (1)(j)2.c.        1st      Trafficking in Phenethylamines,
19                              400 grams or more.
20  896.101(5)(c)      1st      Money laundering, financial
21                              instruments totaling or exceeding
22                              $100,000.
23  896.104(4)(a)3.    1st      Structuring transactions to evade
24                              reporting or registration
25                              requirements, financial
26                              transactions totaling or
27                              exceeding $100,000.
28         Section 6.  Section 938.07, Florida Statutes, is
29  amended to read:
30         938.07  Driving or boating under the
31  influence.--Notwithstanding any other provision of s. 316.193
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1024
    307-2069-02
  1  or s. 327.35, a court cost of $135 shall be added to any fine
  2  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
  3  remit the funds to the Department of Revenue, $25 of which
  4  shall be deposited in the Emergency Medical Services Trust
  5  Fund, $50 shall be deposited in the Criminal Justice Standards
  6  and Training Trust Fund of the Department of Law Enforcement
  7  to be used for operational expenses in conducting the
  8  statewide criminal analysis laboratory system established in
  9  s. 943.32, and $60 shall be deposited in the Brain and Spinal
10  Cord Injury Rehabilitation Trust Fund created in s. 381.79.
11         Section 7.  This act shall take effect July 1, 2002.
12
13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1024
15
16  1.    Requires that an ignition interlock device be installed
          in vehicles of persons convicted of a third (if it
17        occurs within 10 years of a prior DUI conviction) or a
          fourth DUI.
18
    2.    Provides for mandatory blood tests when there is
19        probable cause of DUI or BUI and serious injury or death
          results.
20
    3.    Includes BUI in the third degree felony penalty
21        enhancement provisions of the bill.
22  4.    Adds "BUI manslaughter when failing to give aid" to the
          same level in the offense severity ranking chart as the
23        comparable DUI manslaughter offense.
24  5.    Imposes a $135 court cost for BUI convictions
          (comparable to DUI convictions).
25
26
27
28
29
30
31
                                  18
CODING: Words stricken are deletions; words underlined are additions.