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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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.
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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.
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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
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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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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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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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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.
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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.
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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
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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).
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