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

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    Florida Senate - 2002                           CS for SB 1024
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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.

31

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    Florida Senate - 2002                           CS for SB 1024
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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.

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

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    Florida Senate - 2002                           CS for SB 1024
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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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    Florida Senate - 2002                           CS for SB 1024
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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.

31

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    Florida Senate - 2002                           CS for SB 1024
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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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    Florida Senate - 2002                           CS for SB 1024
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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.

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.

31

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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

                                  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.