Senate Bill sb1024c2

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    Florida Senate - 2002                    CS for CS for SB 1024

    By the Committees on Governmental Oversight and Productivity;
    Criminal Justice; and Senator Burt




    302-2249-02

  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.; reducing the number

  5         of convictions required for a felony DUI;

  6         requiring mandatory placement of an interlock

  7         device under certain circumstances; providing

  8         for the forfeiture of vehicles under certain

  9         circumstances; amending conditions for

10         conviction in cases of accident, serious bodily

11         injury, or death; removing a cross-reference;

12         allowing a law enforcement officer to place a

13         person in protective custody under certain

14         circumstances; requiring a person placed in

15         protective custody to pay reasonable costs of

16         evaluation and treatment under certain

17         circumstances; amending s. 316.1932, F.S.;

18         requiring a law enforcement officer to inform a

19         person that refusal to submit to certain tests

20         is a misdemeanor; amending s. 316.1933, F.S.;

21         requiring a person to submit to a blood test

22         under certain circumstances; providing that the

23         test need not be incidental to a lawful arrest;

24         providing that a breath-alcohol test may

25         substitute for a blood-alcohol test under

26         certain circumstances; creating s. 316.1939,

27         F.S.; providing a penalty for refusing to

28         submit to a chemical or physical test of

29         breath, urine, or blood; providing application;

30         amending s. 327.35, F.S.; reducing the number

31         of convictions required for a felony BUI;

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  1         providing for the forfeiture of vessels under

  2         certain circumstances; amending conditions for

  3         conviction in cases of accident, serious bodily

  4         injury, or death; conforming cross-references;

  5         allowing a law enforcement officer to place a

  6         person in protective custody under certain

  7         circumstances; requiring a person placed in

  8         protective custody to pay reasonable costs of

  9         evaluation and treatment under certain

10         circumstances; amending s. 327.352, F.S.;

11         requiring a law enforcement officer to inform a

12         person that refusal to submit to certain tests

13         is a misdemeanor; amending s. 327.353, F.S.;

14         requiring a person to submit to a blood test

15         under certain circumstances; providing that the

16         test need not be incidental to a lawful arrest;

17         providing that a breath-alcohol test may

18         substitute for a blood-alcohol test under

19         certain circumstances; creating s. 327.359,

20         F.S.; providing a penalty for refusing to

21         submit to a chemical or physical test of

22         breath, urine, or blood; providing application;

23         creating s. 397.6755, F.S.; specifying grounds

24         for which a court may determine that criteria

25         exist for involuntary admission and treatment

26         of certain persons; requiring payment for such

27         evaluation and treatment from a specified fund;

28         requiring persons placed in such involuntary

29         custody to reimburse the provider of services

30         under certain circumstances; amending s.

31         921.0022, F.S.; revising provisions relating to

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  1         certain DUI offenses; including certain BUI

  2         offenses within the offense severity ranking

  3         chart; amending s. 932.701, F.S.; redefining

  4         the term "contraband article"; amending s.

  5         938.07, F.S.; providing for application of a

  6         fee to persons found guilty of boating under

  7         the influence; conforming a cross-reference;

  8         amending s. 943.05, F.S.; providing for

  9         adoption of rules and forms for making DUI

10         arrests; providing an effective date.

11

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

13

14         Section 1.  Subsections (2), (3), and (4) of section

15  316.193, 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 and mandatory placement for a period of not less

25  than 2 years, at the convicted person's sole expense, of an

26  ignition interlock device approved by the Department of

27  Highway Safety and Motor Vehicles upon all vehicles leased or

28  owned, individually or jointly, which are routinely operated

29  by the convicted person when the convicted person qualifies

30  for a permanent or restricted license.

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

  2  third conviction; and

  3         2.  By imprisonment for:

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

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

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

  7         (b)1.  Any person who is convicted of a third fourth or

  8  subsequent violation of this section for an offense that

  9  occurs within a period of 10 years after the date of a prior

10  conviction for a violation of this section commits is guilty

11  of a felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084. In addition, the court

13  shall order the mandatory placement for a period of not less

14  than 2 years, at the convicted person's sole expense, of an

15  ignition interlock device approved by the Department of

16  Highway Safety and Motor Vehicles upon all vehicles that are

17  individually or jointly leased or owned and that are routinely

18  operated by the convicted person when the convicted person

19  qualifies for a permanent or restricted license.;

20         2.  Any person who is convicted of a third violation of

21  this section for an offense that occurs more than 10 years

22  after the date of a prior conviction for a violation of this

23  section shall be punished by a fine of not less than $1,000 or

24  more than $2,500 and by imprisonment for not more than 12

25  months. In addition, the court shall order the mandatory

26  placement for a period of not less than 2 years, at the

27  convicted person's sole expense, of an ignition interlock

28  device approved by the Department of Highway Safety and Motor

29  Vehicles upon all vehicles that are individually or jointly

30  leased or owned and that are routinely operated by the

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  1  convicted person when the convicted person qualifies for a

  2  permanent or restricted license.;

  3         3.  Any person who is convicted of a fourth or

  4  subsequent violation of this section, regardless of when any

  5  prior conviction for a violation of this section occurred,

  6  commits a felony of the third degree, punishable as provided

  7  in s. 775.082, s. 775.083, or s. 775.084. However, the fine

  8  imposed for such fourth or subsequent violation may be not

  9  less than $1,000.

10         (3)  Any person:

11         (a)  Who is in violation of subsection (1);

12         (b)  Who operates a vehicle; and

13         (c)  Who, by reason of such operation, causes or

14  contributes to causing:

15         1.  Damage to the property or person of another commits

16  a misdemeanor of the first degree, punishable as provided in

17  s. 775.082 or s. 775.083.

18         2.  Serious bodily injury to another, as defined in s.

19  316.1933, commits a felony of the third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         3.  The death of any human being commits DUI

22  manslaughter, and commits:

23         a.  A felony of the second degree, punishable as

24  provided in s. 775.082, s. 775.083, or s. 775.084.

25         b.  A felony of the first degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084, if:

27         (I)  At the time of the crash, the person knew, or

28  should have known, that the crash occurred; and

29         (II)  The person failed to give information and render

30  aid as required by s. 316.062.

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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.  Section 316.1932, Florida Statutes, is

24  amended to read:

25         316.1932  Breath, blood, and urine tests for alcohol,

26  chemical substances, or controlled substances; implied

27  consent; refusal right to refuse.--

28         (1)(a)1.  Any person who accepts the privilege extended

29  by the laws of this state of operating a motor vehicle within

30  this state is, by so operating such vehicle, deemed to have

31  given his or her consent to submit to an approved chemical

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  1  test or physical test including, but not limited to, an

  2  infrared light test of his or her breath for the purpose of

  3  determining the alcoholic content of his or her blood or

  4  breath, and to a urine test for the purpose of detecting the

  5  presence of chemical substances as set forth in s. 877.111 or

  6  controlled substances, if the person is lawfully arrested for

  7  any offense allegedly committed while the person was driving

  8  or was in actual physical control of a motor vehicle while

  9  under the influence of alcoholic beverages, chemical

10  substances, or controlled substances.  The chemical or

11  physical breath test must be incidental to a lawful arrest and

12  administered at the request of a law enforcement officer who

13  has reasonable cause to believe such person was driving or was

14  in actual physical control of the motor vehicle within this

15  state while under the influence of alcoholic beverages. The

16  urine test must be incidental to a lawful arrest and

17  administered at a detention facility or any other facility,

18  mobile or otherwise, which is equipped to administer such

19  tests at the request of a law enforcement officer who has

20  reasonable cause to believe such person was driving or was in

21  actual physical control of a motor vehicle within this state

22  while under the influence of controlled substances. The urine

23  test shall be administered at a detention facility or any

24  other facility, mobile or otherwise, which is equipped to

25  administer such tests in a reasonable manner that will ensure

26  the accuracy of the specimen and maintain the privacy of the

27  individual involved. The administration of one type of test

28  does not preclude the administration of another type of test.

29  The person shall be told that his or her failure to submit to

30  any lawful test of his or her breath or urine, or both, will

31  result in the suspension of the person's privilege to operate

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  1  a motor vehicle for a period of 1 year for a first refusal, or

  2  for a period of 18 months if the driving privilege of such

  3  person has been previously suspended as a result of a refusal

  4  to submit to such a test or tests. A person who refuses to

  5  submit to a lawful test of his or her own breath or urine, or

  6  both, and who has had one or more DUI convictions or has had

  7  his or her driving privilege suspended for refusal to submit

  8  to lawful test of his or her breath or urine, or both, is

  9  guilty of a misdemeanor in addition to any other penalties.

10  The refusal to submit to a chemical or physical breath test or

11  to a urine test upon the request of a law enforcement officer

12  as provided in this section is admissible into evidence in any

13  criminal proceeding.

14         2.  The Alcohol Testing Program within the Department

15  of Law Enforcement is responsible for the regulation of the

16  operation, inspection, and registration of breath test

17  instruments utilized under the driving and boating under the

18  influence provisions and related provisions located in this

19  chapter and chapters 322 and 327. The program is responsible

20  for the regulation of the individuals who operate, inspect,

21  and instruct on the breath test instruments utilized in the

22  driving and boating under the influence provisions and related

23  provisions located in this chapter and chapters 322 and 327.

24  The program is further responsible for the regulation of blood

25  analysts who conduct blood testing to be utilized under the

26  driving and boating under the influence provisions and related

27  provisions located in this chapter and chapters 322 and 327.

28  The program shall:

29         a.  Establish uniform criteria for the issuance of

30  permits to breath test operators, agency inspectors,

31  instructors, blood analysts, and instruments.

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  1         b.  Have the authority to permit breath test operators,

  2  agency inspectors, instructors, blood analysts, and

  3  instruments.

  4         c.  Have the authority to discipline and suspend,

  5  revoke, or renew the permits of breath test operators, agency

  6  inspectors, instructors, blood analysts, and instruments.

  7         d.  Establish uniform requirements for instruction and

  8  curricula for the operation and inspection of approved

  9  instruments.

10         e.  Have the authority to specify one approved

11  curriculum for the operation and inspection of approved

12  instruments.

13         f.  Establish a procedure for the approval of breath

14  test operator and agency inspector classes.

15         g.  Have the authority to approve or disapprove breath

16  test instruments and accompanying paraphernalia for use

17  pursuant to the driving and boating under the influence

18  provisions and related provisions located in this chapter and

19  chapters 322 and 327.

20         h.  With the approval of the executive director of the

21  Department of Law Enforcement, make and enter into contracts

22  and agreements with other agencies, organizations,

23  associations, corporations, individuals, or federal agencies

24  as are necessary, expedient, or incidental to the performance

25  of duties.

26         i.  Issue final orders which include findings of fact

27  and conclusions of law and which constitute final agency

28  action for the purpose of chapter 120.

29         j.  Enforce compliance with the provisions of this

30  section through civil or administrative proceedings.

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  1         k.  Make recommendations concerning any matter within

  2  the purview of this section, this chapter, chapter 322, or

  3  chapter 327.

  4         l.  Promulgate rules for the administration and

  5  implementation of this section, including definitions of

  6  terms.

  7         m.  Consult and cooperate with other entities for the

  8  purpose of implementing the mandates of this section.

  9         n.  Have the authority to approve the type of blood

10  test utilized under the driving and boating under the

11  influence provisions and related provisions located in this

12  chapter and chapters 322 and 327.

13         o.  Have the authority to specify techniques and

14  methods for breath alcohol testing and blood testing utilized

15  under the driving and boating under the influence provisions

16  and related provisions located in this chapter and chapters

17  322 and 327.

18         p.  Have the authority to approve repair facilities for

19  the approved breath test instruments, including the authority

20  to set criteria for approval.

21

22  Nothing in this section shall be construed to supersede

23  provisions in this chapter and chapters 322 and 327. The

24  specifications in this section are derived from the power and

25  authority previously and currently possessed by the Department

26  of Law Enforcement and are enumerated to conform with the

27  mandates of chapter 99-379, Laws of Florida.

28         (b)1.  The blood-alcohol level must be based upon grams

29  of alcohol per 100 milliliters of blood. The breath-alcohol

30  level must be based upon grams of alcohol per 210 liters of

31  breath.

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  1         2.  An analysis of a person's breath, in order to be

  2  considered valid under this section, must have been performed

  3  substantially according to methods approved by the Department

  4  of Law Enforcement.  For this purpose, the department may

  5  approve satisfactory techniques or methods.  Any insubstantial

  6  differences between approved techniques and actual testing

  7  procedures in any individual case do not render the test or

  8  test results invalid.

  9         (c)  Any person who accepts the privilege extended by

10  the laws of this state of operating a motor vehicle within

11  this state is, by operating such vehicle, deemed to have given

12  his or her consent to submit to an approved blood test for the

13  purpose of determining the alcoholic content of the blood or a

14  blood test for the purpose of determining the presence of

15  chemical substances or controlled substances as provided in

16  this section if there is reasonable cause to believe the

17  person was driving or in actual physical control of a motor

18  vehicle while under the influence of alcoholic beverages or

19  chemical or controlled substances and the person appears for

20  treatment at a hospital, clinic, or other medical facility and

21  the administration of a breath or urine test is impractical or

22  impossible. As used in this paragraph, the term "other medical

23  facility" includes an ambulance or other medical emergency

24  vehicle. The blood test shall be performed in a reasonable

25  manner. Any person who is incapable of refusal by reason of

26  unconsciousness or other mental or physical condition is

27  deemed not to have withdrawn his or her consent to such test.

28  A blood test may be administered whether or not the person is

29  told either that his or her failure to submit to such a blood

30  test will result in the suspension of the person's privilege

31  to operate a motor vehicle upon the public highways of this

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  1  state or that a refusal to submit to a lawful test of his or

  2  her breath or urine, or both, when the person has one or more

  3  DUI convictions or has had his or her driving privilege

  4  suspended for refusal to submit to a lawful test of his or her

  5  breath or urine, or both, is a misdemeanor.  Any person who is

  6  capable of refusal shall be told either that his or her

  7  failure to submit to such a blood test will result in the

  8  suspension of the person's privilege to operate a motor

  9  vehicle for a period of 1 year for a first refusal, or for a

10  period of 18 months if the driving privilege of the person has

11  been suspended previously as a result of a refusal to submit

12  to such a test or tests, or that a refusal to submit to a

13  lawful test of his or her breath or urine, or both, when the

14  person has one or more DUI convictions or has had his or her

15  driving privilege suspended for refusal to submit to a lawful

16  test of his or her breath or urine, or both, is a misdemeanor.

17  The refusal to submit to a blood test upon the request of a

18  law enforcement officer is admissible in evidence in any

19  criminal proceeding.

20         (d)  If the arresting officer does not request a

21  chemical or physical breath test of the person arrested for

22  any offense allegedly committed while the person was driving

23  or was in actual physical control of a motor vehicle while

24  under the influence of alcoholic beverages or controlled

25  substances, such person may request the arresting officer to

26  have a chemical or physical test made of the arrested person's

27  breath or a test of the urine or blood for the purpose of

28  determining the alcoholic content of the person's blood or

29  breath or the presence of chemical substances or controlled

30  substances; and, if so requested, the arresting officer shall

31  have the test performed.

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  1         (e)1.  By applying for a driver's license and by

  2  accepting and using a driver's license, the person holding the

  3  driver's license is deemed to have expressed his or her

  4  consent to the provisions of this section.

  5         2.  A nonresident or any other person driving in a

  6  status exempt from the requirements of the driver's license

  7  law, by his or her act of driving in such exempt status, is

  8  deemed to have expressed his or her consent to the provisions

  9  of this section.

10         3.  A warning of the consent provision of this section

11  shall be printed above the signature line on each new or

12  renewed driver's license.

13         (f)1.  The tests determining the weight of alcohol in

14  the defendant's blood or breath shall be administered at the

15  request of a law enforcement officer substantially in

16  accordance with rules of the Department of Law Enforcement.

17  Such rules must specify precisely the test or tests that are

18  approved by the Department of Law Enforcement for reliability

19  of result and ease of administration, and must provide an

20  approved method of administration which must be followed in

21  all such tests given under this section.  However, the failure

22  of a law enforcement officer to request the withdrawal of

23  blood does not affect the admissibility of a test of blood

24  withdrawn for medical purposes.

25         2.a.  Only a physician, certified paramedic, registered

26  nurse, licensed practical nurse, other personnel authorized by

27  a hospital to draw blood, or duly licensed clinical laboratory

28  director, supervisor, technologist, or technician, acting at

29  the request of a law enforcement officer, may withdraw blood

30  for the purpose of determining its alcoholic content or the

31  presence of chemical substances or controlled substances

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  1  therein. However, the failure of a law enforcement officer to

  2  request the withdrawal of blood does not affect the

  3  admissibility of a test of blood withdrawn for medical

  4  purposes.

  5         b.  Notwithstanding any provision of law pertaining to

  6  the confidentiality of hospital records or other medical

  7  records, if a health care provider, who is providing medical

  8  care in a health care facility to a person injured in a motor

  9  vehicle crash, becomes aware, as a result of any blood test

10  performed in the course of that medical treatment, that the

11  person's blood-alcohol level meets or exceeds the

12  blood-alcohol level specified in s. 316.193(1)(b), the health

13  care provider may notify any law enforcement officer or law

14  enforcement agency. Any such notice must be given within a

15  reasonable time after the health care provider receives the

16  test result. Any such notice shall be used only for the

17  purpose of providing the law enforcement officer with

18  reasonable cause to request the withdrawal of a blood sample

19  pursuant to this section.

20         c.  The notice shall consist only of the name of the

21  person being treated, the name of the person who drew the

22  blood, the blood-alcohol level indicated by the test, and the

23  date and time of the administration of the test.

24         d.  Nothing contained in s. 395.3025(4), s. 456.057, or

25  any applicable practice act affects the authority to provide

26  notice under this section, and the health care provider is not

27  considered to have breached any duty owed to the person under

28  s. 395.3025(4), s. 456.057, or any applicable practice act by

29  providing notice or failing to provide notice. It shall not be

30  a breach of any ethical, moral, or legal duty for a health

31  care provider to provide notice or fail to provide notice.

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  1         e.  A civil, criminal, or administrative action may not

  2  be brought against any person or health care provider

  3  participating in good faith in the provision of notice or

  4  failure to provide notice as provided in this section. Any

  5  person or health care provider participating in the provision

  6  of notice or failure to provide notice as provided in this

  7  section shall be immune from any civil or criminal liability

  8  and from any professional disciplinary action with respect to

  9  the provision of notice or failure to provide notice under

10  this section. Any such participant has the same immunity with

11  respect to participating in any judicial proceedings resulting

12  from the notice or failure to provide notice.

13         3.  The person tested may, at his or her own expense,

14  have a physician, registered nurse, other personnel authorized

15  by a hospital to draw blood, or duly licensed clinical

16  laboratory director, supervisor, technologist, or technician,

17  or other person of his or her own choosing administer an

18  independent test in addition to the test administered at the

19  direction of the law enforcement officer for the purpose of

20  determining the amount of alcohol in the person's blood or

21  breath or the presence of chemical substances or controlled

22  substances at the time alleged, as shown by chemical analysis

23  of his or her blood or urine, or by chemical or physical test

24  of his or her breath. The failure or inability to obtain an

25  independent test by a person does not preclude the

26  admissibility in evidence of the test taken at the direction

27  of the law enforcement officer.  The law enforcement officer

28  shall not interfere with the person's opportunity to obtain

29  the independent test and shall provide the person with timely

30  telephone access to secure the test, but the burden is on the

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  1  person to arrange and secure the test at the person's own

  2  expense.

  3         4.  Upon the request of the person tested, full

  4  information concerning the test taken at the direction of the

  5  law enforcement officer shall be made available to the person

  6  or his or her attorney.

  7         5.  A hospital, clinical laboratory, medical clinic, or

  8  similar medical institution or physician, certified paramedic,

  9  registered nurse, licensed practical nurse, other personnel

10  authorized by a hospital to draw blood, or duly licensed

11  clinical laboratory director, supervisor, technologist, or

12  technician, or other person assisting a law enforcement

13  officer does not incur any civil or criminal liability as a

14  result of the withdrawal or analysis of a blood or urine

15  specimen, or the chemical or physical test of a person's

16  breath pursuant to accepted medical standards when requested

17  by a law enforcement officer, regardless of whether or not the

18  subject resisted administration of the test.

19         (2)  The results of any test administered pursuant to

20  this section for the purpose of detecting the presence of any

21  controlled substance shall not be admissible as evidence in a

22  criminal prosecution for the possession of a controlled

23  substance.

24         (3)  Notwithstanding any provision of law pertaining to

25  the confidentiality of hospital records or other medical

26  records, information relating to the alcoholic content of the

27  blood or breath or the presence of chemical substances or

28  controlled substances in the blood obtained pursuant to this

29  section shall be released to a court, prosecuting attorney,

30  defense attorney, or law enforcement officer in connection

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  1  with an alleged violation of s. 316.193 upon request for such

  2  information.

  3         Section 3.  Subsection (1) of section 316.1933, Florida

  4  Statutes, is amended to read:

  5         316.1933  Blood test for impairment or intoxication in

  6  cases of death or serious bodily injury; right to use

  7  reasonable force.--

  8         (1)(a)  Notwithstanding any recognized ability to

  9  refuse to submit to the tests provided in s. 316.1932 or any

10  recognized power to revoke the implied consent to such tests,

11  If a law enforcement officer has probable cause to believe

12  that a motor vehicle driven by or in the actual physical

13  control of a person under the influence of alcoholic

14  beverages, any chemical substances, or any controlled

15  substances has caused the death or serious bodily injury of a

16  human being, such person shall submit, upon the request of a

17  law enforcement officer shall require the person driving or in

18  actual physical control of the motor vehicle to submit, to a

19  test of the person's blood for the purpose of determining the

20  alcoholic content thereof or the presence of chemical

21  substances as set forth in s. 877.111 or any substance

22  controlled under chapter 893.  The law enforcement officer may

23  use reasonable force if necessary to require such person to

24  submit to the administration of the blood test.  The blood

25  test shall be performed in a reasonable manner.

26  Notwithstanding s. 316.1932, the testing required by this

27  paragraph need not be incidental to a lawful arrest of the

28  person.

29         (b)  The term "serious bodily injury" means an injury

30  to any person, including the driver, which consists of a

31  physical condition that creates a substantial risk of death,

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  1  serious personal disfigurement, or protracted loss or

  2  impairment of the function of any bodily member or organ.

  3         Section 4.  Subsection (1) of section 316.1937, Florida

  4  Statutes, is amended to read:

  5         316.1937  Ignition interlock devices, requiring;

  6  unlawful acts.--

  7         (1)  In addition to any other authorized penalties, the

  8  court may require that any person who is convicted of driving

  9  under the influence in violation of s. 316.193, and who is

10  granted probation, shall not operate a motor vehicle during

11  the period of probation unless that vehicle is equipped with a

12  functioning ignition interlock device certified by the

13  department as provided in s. 316.1938, and installed in such a

14  manner that the vehicle will not start if the operator's blood

15  alcohol level is in excess of 0.05 percent or as otherwise

16  specified by the court. The court may require the use of an

17  approved ignition interlock device for the period of

18  probation, said period to be for not less than 6 months, if

19  the person is permitted to operate a motor vehicle, whether

20  the privilege to operate a motor vehicle is restricted or not,

21  as determined by the court. The court shall require placement

22  of an ignition interlock device in accordance with s.

23  316.193(2). To facilitate the use of an interlock device the

24  court may authorize all or a portion of the fine imposed for a

25  violation of s. 316.193 to be used to pay for the ignition

26  interlock device.

27         Section 5.  Section 316.1939, Florida Statutes, is

28  created to read:

29         316.1939  Refusal to submit to testing; penalties.--

30

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  1         (1)  Any person who has refused to submit to a chemical

  2  or physical test of his or her breath, blood, or urine, as

  3  described in s. 316.1932, and:

  4         (a)  Whom the arresting law enforcement officer had

  5  probable cause to believe was driving or in actual physical

  6  control of a motor vehicle in this state while under the

  7  influence of alcoholic beverages, chemical substances, or

  8  controlled substances;

  9         (b)  Who was placed under lawful arrest for a violation

10  of s. 316.193, unless such test was requested pursuant to s.

11  316.1932(1)(c);

12         (c)  Who was informed that, if he or she refused to

13  submit to such test, his or her privilege to operate a motor

14  vehicle would be suspended for a period of 1 year or, in the

15  case of a second or subsequent refusal, for a period of 18

16  months;

17         (d)  Who has one or more DUI convictions or has had his

18  or her driving privilege suspended for refusal to submit to a

19  lawful test of his or her breath or urine, or both, and who

20  was informed that a refusal to submit to a lawful test of his

21  or her breath or urine is a misdemeanor; and

22         (e)  Who after having been so informed, refused to

23  submit to any such test when requested to do so by a law

24  enforcement officer or correctional officer

25

26  commits a misdemeanor of the first degree and is subject to

27  punishment as provided in s. 775.082 or s. 775.083. A person

28  convicted for DUI or of a misdemeanor for refusal to submit to

29  a breath or urine test is eligible to participate in any drug

30  court in the circuit.

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  1         (2)  The disposition of any administrative proceeding

  2  that relates to the suspension of a person's driving privilege

  3  does not affect a criminal action under this section.

  4         (3)  The disposition of a criminal action under this

  5  section does not affect any administrative proceeding that

  6  relates to the suspension of a person's driving privilege.

  7         Section 6.  Subsections (2), (3), and (4) of section

  8  327.35, Florida Statutes, are amended to read:

  9         327.35  Boating under the influence; penalties;

10  "designated drivers".--

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

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

13  violation of subsection (1) shall be punished:

14         1.  By a fine of:

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

16  conviction.

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

18  conviction.

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

20  third conviction; and

21         2.  By imprisonment for:

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

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

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

25         (b)1.  Any person who is convicted of a third fourth or

26  subsequent violation of this section for an offense that

27  occurs within a period of 10 years after the date of a prior

28  conviction for a violation of this section commits is guilty

29  of a felony of the third degree, punishable as provided in s.

30  775.082, s. 775.083, or s. 775.084.;

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  1         2.  Any person who is convicted of a third violation of

  2  this section for an offense that occurs more than 10 years

  3  after the date of a prior conviction for a violation of this

  4  section shall be punished by a fine of not less than $1,000 or

  5  more than $2,500 and by imprisonment for not more than 12

  6  months.

  7         3.  Any person who is convicted of a fourth or

  8  subsequent violation of this section, regardless of when any

  9  prior conviction for a violation of this section occurred,

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12

13  However, the fine imposed for such fourth or subsequent

14  violation may not be less than $1,000.

15         (3)  Any person:

16         (a)  Who is in violation of subsection (1);

17         (b)  Who operates a vessel; and

18         (c)  Who, by reason of such operation, causes or

19  contributes to causing:

20         1.  Damage to the property or person of another commits

21  a misdemeanor of the first degree, punishable as provided in

22  s. 775.082 or s. 775.083.

23         2.  Serious bodily injury to another, as defined in s.

24  327.353 s. 316.1933, commits a felony of the third degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084.

27         3.  The death of any human being commits BUI

28  manslaughter, and commits:

29         a.  A felony of the second degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

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  1         b.  A felony of the first degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  3         (I)  At the time of the accident, the person knew, or

  4  should have known, that the accident occurred; and

  5         (II)  The person failed to give information and render

  6  aid as required by s. 327.30 s. 316.062.

  7

  8  This sub-subparagraph does not require that the person knew

  9  that the accident resulted in injury or death.

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

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

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

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

14  of the offense was accompanied in the vessel by a person under

15  the age of 18 years, shall be punished:

16         (a)  By a fine of:

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

18  conviction.

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

20  second conviction.

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

22  third or subsequent conviction.

23         (b)  By imprisonment for:

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

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

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

27

28  For the purposes of this subsection, only the instant offense

29  is required to be a violation of subsection (1) by a person

30  who has a blood-alcohol level or breath-alcohol level of 0.20

31  or higher.

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  1         Section 7.  Section 327.352, Florida Statutes, is

  2  amended to read:

  3         327.352  Breath, blood, and urine tests for alcohol,

  4  chemical substances, or controlled substances; implied

  5  consent; refusal right to refuse.--

  6         (1)(a)  The Legislature declares that the operation of

  7  a vessel is a privilege that must be exercised in a reasonable

  8  manner. In order to protect the public health and safety, it

  9  is essential that a lawful and effective means of reducing the

10  incidence of boating while impaired or intoxicated be

11  established. Therefore, any person who accepts the privilege

12  extended by the laws of this state of operating a vessel

13  within this state is, by so operating such vessel, deemed to

14  have given his or her consent to submit to an approved

15  chemical test or physical test including, but not limited to,

16  an infrared light test of his or her breath for the purpose of

17  determining the alcoholic content of his or her blood or

18  breath, and to a urine test for the purpose of detecting the

19  presence of chemical substances as set forth in s. 877.111 or

20  controlled substances, if the person is lawfully arrested for

21  any offense allegedly committed while the person was operating

22  a vessel while under the influence of alcoholic beverages,

23  chemical substances, or controlled substances.  The chemical

24  or physical breath test must be incidental to a lawful arrest

25  and administered at the request of a law enforcement officer

26  who has reasonable cause to believe such person was operating

27  the vessel within this state while under the influence of

28  alcoholic beverages. The urine test must be incidental to a

29  lawful arrest and administered at a detention facility or any

30  other facility, mobile or otherwise, which is equipped to

31  administer such tests at the request of a law enforcement

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  1  officer who has reasonable cause to believe such person was

  2  operating a vessel within this state while under the influence

  3  of controlled substances. The urine test shall be administered

  4  at a detention facility or any other facility, mobile or

  5  otherwise, which is equipped to administer such tests in a

  6  reasonable manner that will ensure the accuracy of the

  7  specimen and maintain the privacy of the individual involved.

  8  The administration of one type of test does not preclude the

  9  administration of another type of test.  The person shall be

10  told that his or her failure to submit to any lawful test of

11  his or her breath or urine, or both, will result in a civil

12  penalty of $500. A person who refuses to submit to a lawful

13  test of his or her breath or urine, or both, and who has had

14  one or more BUI convictions or has been fined for refusal to

15  submit to any lawful test of his or her breath or urine, or

16  both, is guilty of a misdemeanor in addition to any other

17  penalties. The refusal to submit to a chemical or physical

18  breath or urine test upon the request of a law enforcement

19  officer as provided in this section is admissible into

20  evidence in any criminal proceeding.

21         (b)1.  The blood-alcohol level must be based upon grams

22  of alcohol per 100 milliliters of blood. The breath-alcohol

23  level must be based upon grams of alcohol per 210 liters of

24  breath.

25         2.  An analysis of a person's breath, in order to be

26  considered valid under this section, must have been performed

27  substantially according to methods approved by the Department

28  of Law Enforcement. Any insubstantial differences between

29  approved techniques and actual testing procedures in any

30  individual case do not render the test or test results

31  invalid.

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  1         3.  The Alcohol Testing Program within the Department

  2  of Law Enforcement is responsible for the regulation of the

  3  operation, inspection, and registration of breath test

  4  instruments utilized under the driving and boating under the

  5  influence provisions and related provisions located in this

  6  chapter and chapters 316 and 322. The program is responsible

  7  for the regulation of the individuals who operate, inspect,

  8  and instruct on the breath test instruments utilized in the

  9  driving and boating under the influence provisions and related

10  provisions located in this chapter and chapters 316 and 322.

11  The program is further responsible for the regulation of blood

12  analysts who conduct blood testing to be utilized under the

13  driving and boating under the influence provisions and related

14  provisions located in this chapter and chapters 316 and 322.

15  The program shall:

16         a.  Establish uniform criteria for the issuance of

17  permits to breath test operators, agency inspectors,

18  instructors, blood analysts, and instruments.

19         b.  Have the authority to permit breath test operators,

20  agency inspectors, instructors, blood analysts, and

21  instruments.

22         c.  Have the authority to discipline and suspend,

23  revoke, or renew the permits of breath test operators, agency

24  inspectors, instructors, blood analysts, and instruments.

25         d.  Establish uniform requirements for instruction and

26  curricula for the operation and inspection of approved

27  instruments.

28         e.  Have the authority to specify one approved

29  curriculum for the operation and inspection of approved

30  instruments.

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  1         f.  Establish a procedure for the approval of breath

  2  test operator and agency inspector classes.

  3         g.  Have the authority to approve or disapprove breath

  4  test instruments and accompanying paraphernalia for use

  5  pursuant to the driving and boating under the influence

  6  provisions and related provisions located in this chapter and

  7  chapters 316 and 322.

  8         h.  With the approval of the executive director of the

  9  Department of Law Enforcement, make and enter into contracts

10  and agreements with other agencies, organizations,

11  associations, corporations, individuals, or federal agencies

12  as are necessary, expedient, or incidental to the performance

13  of duties.

14         i.  Issue final orders which include findings of fact

15  and conclusions of law and which constitute final agency

16  action for the purpose of chapter 120.

17         j.  Enforce compliance with the provisions of this

18  section through civil or administrative proceedings.

19         k.  Make recommendations concerning any matter within

20  the purview of this section, this chapter, chapter 316, or

21  chapter 322.

22         l.  Promulgate rules for the administration and

23  implementation of this section, including definitions of

24  terms.

25         m.  Consult and cooperate with other entities for the

26  purpose of implementing the mandates of this section.

27         n.  Have the authority to approve the type of blood

28  test utilized under the driving and boating under the

29  influence provisions and related provisions located in this

30  chapter and chapters 316 and 322.

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  1         o.  Have the authority to specify techniques and

  2  methods for breath alcohol testing and blood testing utilized

  3  under the driving and boating under the influence provisions

  4  and related provisions located in this chapter and chapters

  5  316 and 322.

  6         p.  Have the authority to approve repair facilities for

  7  the approved breath test instruments, including the authority

  8  to set criteria for approval.

  9

10  Nothing in this section shall be construed to supersede

11  provisions in this chapter and chapters 316 and 322. The

12  specifications in this section are derived from the power and

13  authority previously and currently possessed by the Department

14  of Law Enforcement and are enumerated to conform with the

15  mandates of chapter 99-379, Laws of Florida.

16         (c)  Any person who accepts the privilege extended by

17  the laws of this state of operating a vessel within this state

18  is, by operating such vessel, deemed to have given his or her

19  consent to submit to an approved blood test for the purpose of

20  determining the alcoholic content of the blood or a blood test

21  for the purpose of determining the presence of chemical

22  substances or controlled substances as provided in this

23  section if there is reasonable cause to believe the person was

24  operating a vessel while under the influence of alcoholic

25  beverages or chemical or controlled substances and the person

26  appears for treatment at a hospital, clinic, or other medical

27  facility and the administration of a breath or urine test is

28  impractical or impossible. As used in this paragraph, the term

29  "other medical facility" includes an ambulance or other

30  medical emergency vehicle. The blood test shall be performed

31  in a reasonable manner.  Any person who is incapable of

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  1  refusal by reason of unconsciousness or other mental or

  2  physical condition is deemed not to have withdrawn his or her

  3  consent to such test. Any person who is capable of refusal

  4  shall be told that either his or her failure to submit to such

  5  a blood test will result in a civil penalty of $500 or that a

  6  refusal to submit to a lawful test of his or her breath or

  7  urine, or both, when the person has one or more BUI

  8  convictions or has been fined for refusal to submit to any

  9  lawful test of his or her breath or urine, or both, is a

10  misdemeanor. The refusal to submit to a blood test upon the

11  request of a law enforcement officer shall be admissible in

12  evidence in any criminal proceeding.

13         (d)  If the arresting officer does not request a

14  chemical or physical breath test of the person arrested for

15  any offense allegedly committed while the person was operating

16  a vessel while under the influence of alcoholic beverages or

17  controlled substances, the person may request the arresting

18  officer to have a chemical or physical test made of the

19  arrested person's breath or a test of the urine or blood for

20  the purpose of determining the alcoholic content of the

21  person's blood or breath or the presence of chemical

22  substances or controlled substances; and, if so requested, the

23  arresting officer shall have the test performed.

24         (e)1.  The tests determining the weight of alcohol in

25  the defendant's blood or breath shall be administered at the

26  request of a law enforcement officer substantially in

27  accordance with rules of the Department of Law Enforcement.

28  However, the failure of a law enforcement officer to request

29  the withdrawal of blood does not affect the admissibility of a

30  test of blood withdrawn for medical purposes.

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  1         2.  Only a physician, certified paramedic, registered

  2  nurse, licensed practical nurse, other personnel authorized by

  3  a hospital to draw blood, or duly licensed clinical laboratory

  4  director, supervisor, technologist, or technician, acting at

  5  the request of a law enforcement officer, may withdraw blood

  6  for the purpose of determining its alcoholic content or the

  7  presence of chemical substances or controlled substances

  8  therein. However, the failure of a law enforcement officer to

  9  request the withdrawal of blood does not affect the

10  admissibility of a test of blood withdrawn for medical

11  purposes.

12         3.  The person tested may, at his or her own expense,

13  have a physician, registered nurse, other personnel authorized

14  by a hospital to draw blood, or duly licensed clinical

15  laboratory director, supervisor, technologist, or technician,

16  or other person of his or her own choosing administer an

17  independent test in addition to the test administered at the

18  direction of the law enforcement officer for the purpose of

19  determining the amount of alcohol in the person's blood or

20  breath or the presence of chemical substances or controlled

21  substances at the time alleged, as shown by chemical analysis

22  of his or her blood or urine, or by chemical or physical test

23  of his or her breath. The failure or inability to obtain an

24  independent test by a person does not preclude the

25  admissibility in evidence of the test taken at the direction

26  of the law enforcement officer. The law enforcement officer

27  shall not interfere with the person's opportunity to obtain

28  the independent test and shall provide the person with timely

29  telephone access to secure the test, but the burden is on the

30  person to arrange and secure the test at the person's own

31  expense.

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  1         4.  Upon the request of the person tested, full

  2  information concerning the test taken at the direction of the

  3  law enforcement officer shall be made available to the person

  4  or his or her attorney.

  5         5.  A hospital, clinical laboratory, medical clinic, or

  6  similar medical institution or physician, certified paramedic,

  7  registered nurse, licensed practical nurse, other personnel

  8  authorized by a hospital to draw blood, or duly licensed

  9  clinical laboratory director, supervisor, technologist, or

10  technician, or other person assisting a law enforcement

11  officer does not incur any civil or criminal liability as a

12  result of the withdrawal or analysis of a blood or urine

13  specimen, or the chemical or physical test of a person's

14  breath pursuant to accepted medical standards when requested

15  by a law enforcement officer, regardless of whether or not the

16  subject resisted administration of the test.

17         (2)  The results of any test administered pursuant to

18  this section for the purpose of detecting the presence of any

19  controlled substance shall not be admissible as evidence in a

20  criminal prosecution for the possession of a controlled

21  substance.

22         (3)  Notwithstanding any provision of law pertaining to

23  the confidentiality of hospital records or other medical

24  records, information relating to the alcoholic content of the

25  blood or breath or the presence of chemical substances or

26  controlled substances in the blood obtained pursuant to this

27  section shall be released to a court, prosecuting attorney,

28  defense attorney, or law enforcement officer in connection

29  with an alleged violation of s. 327.35 upon request for such

30  information.

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  1         Section 8.  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         Section 9.  Section 327.359, Florida Statutes, is

  2  created to read:

  3         327.359  Refusal to submit to testing; penalties.--Any

  4  person who has refused to submit to a chemical or physical

  5  test of his or her breath, blood, or urine, as described in s.

  6  327.352, and:

  7         (1)  Whom the arresting law enforcement officer had

  8  probable cause to believe was operating or in actual physical

  9  control of a vessel in this state while under the influence of

10  alcoholic beverages, chemical substances, or controlled

11  substances;

12         (2)  Who was placed under lawful arrest for a violation

13  of s. 327.35, unless such test was requested pursuant to s.

14  327.352(1)(c);

15         (3)  Who was informed that if he or she refused to

16  submit to such test he or she is subject to a fine of $500,

17  and that the refusal to submit to such test is a misdemeanor;

18         (4)  Who has one or more BUI convictions or the person

19  has been fined for refusal to submit to a lawful test of his

20  or her breath or urine, or both, and who was informed that a

21  refusal to submit to a lawful test of his or her breath or

22  urine is a misdemeanor; and

23         (5)  Who, after having been so informed, refused to

24  submit to any such test when requested to do so by a law

25  enforcement officer or correctional officer

26

27  commits a misdemeanor of the first degree and is subject to

28  punishment as provided in s. 775.082 or s. 775.083. A person

29  convicted for BUI or of a misdemeanor for refusal to submit to

30  a breath or urine test is eligible to participate in any drug

31  court in the circuit.

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  1         Section 10.  Paragraphs (c) and (i) of subsection (3)

  2  of section 921.0022, Florida Statutes, as amended by chapter

  3  2001-358, Laws of Florida, are amended to read:

  4         921.0022  Criminal Punishment Code; offense severity

  5  ranking chart.--

  6         (3)  OFFENSE SEVERITY RANKING CHART

  7

  8  Florida           Felony

  9  Statute           Degree             Description

10

11

12                              (c)  LEVEL 3

13  316.193(2)(b)      3rd      Felony DUI

14  316.1935(2)        3rd      Fleeing or attempting to elude

15                              law enforcement officer in marked

16                              patrol vehicle with siren and

17                              lights activated.

18  319.30(4)          3rd      Possession by junkyard of motor

19                              vehicle with identification

20                              number plate removed.

21  319.33(1)(a)       3rd      Alter or forge any certificate of

22                              title to a motor vehicle or

23                              mobile home.

24  319.33(1)(c)       3rd      Procure or pass title on stolen

25                              vehicle.

26  319.33(4)          3rd      With intent to defraud, possess,

27                              sell, etc., a blank, forged, or

28                              unlawfully obtained title or

29                              registration.

30  327.35(2)(b)       3rd      Felony BUI.

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  1  328.05(2)          3rd      Possess, sell, or counterfeit

  2                              fictitious, stolen, or fraudulent

  3                              titles or bills of sale of

  4                              vessels.

  5  328.07(4)          3rd      Manufacture, exchange, or possess

  6                              vessel with counterfeit or wrong

  7                              ID number.

  8  376.302(5)         3rd      Fraud related to reimbursement

  9                              for cleanup expenses under the

10                              Inland Protection Trust Fund.

11  501.001(2)(b)      2nd      Tampers with a consumer product

12                              or the container using materially

13                              false/misleading information.

14  697.08             3rd      Equity skimming.

15  790.15(3)          3rd      Person directs another to

16                              discharge firearm from a vehicle.

17  796.05(1)          3rd      Live on earnings of a prostitute.

18  806.10(1)          3rd      Maliciously injure, destroy, or

19                              interfere with vehicles or

20                              equipment used in firefighting.

21  806.10(2)          3rd      Interferes with or assaults

22                              firefighter in performance of

23                              duty.

24  810.09(2)(c)       3rd      Trespass on property other than

25                              structure or conveyance armed

26                              with firearm or dangerous weapon.

27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

28                              less than $10,000.

29  815.04(4)(b)       2nd      Computer offense devised to

30                              defraud or obtain property.

31

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  1  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  2                              (Florida Communications Fraud

  3                              Act), property valued at less

  4                              than $20,000.

  5  817.233            3rd      Burning to defraud insurer.

  6  817.234(8)&(9)     3rd      Unlawful solicitation of persons

  7                              involved in motor vehicle

  8                              accidents.

  9  817.234(11)(a)     3rd      Insurance fraud; property value

10                              less than $20,000.

11  817.505(4)         3rd      Patient brokering.

12  828.12(2)          3rd      Tortures any animal with intent

13                              to inflict intense pain, serious

14                              physical injury, or death.

15  831.28(2)(a)       3rd      Counterfeiting a payment

16                              instrument with intent to defraud

17                              or possessing a counterfeit

18                              payment instrument.

19  831.29             2nd      Possession of instruments for

20                              counterfeiting drivers' licenses

21                              or identification cards.

22  838.021(3)(b)      3rd      Threatens unlawful harm to public

23                              servant.

24  843.19             3rd      Injure, disable, or kill police

25                              dog or horse.

26  870.01(2)          3rd      Riot; inciting or encouraging.

27

28

29

30

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  1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

  2                              cannabis (or other s.

  3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  4                              (2)(c)3., (2)(c)5., (2)(c)6.,

  5                              (2)(c)7., (2)(c)8., (2)(c)9.,

  6                              (3), or (4) drugs).

  7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 200 feet

12                              of university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 200 feet

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

23                              controlled substance by fraud,

24                              forgery, misrepresentation, etc.

25  893.13(7)(a)11.    3rd      Furnish false or fraudulent

26                              material information on any

27                              document or record required by

28                              chapter 893.

29  918.13(1)(a)       3rd      Alter, destroy, or conceal

30                              investigation evidence.

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  1  944.47

  2   (1)(a)1.-2.       3rd      Introduce contraband to

  3                              correctional facility.

  4  944.47(1)(c)       2nd      Possess contraband while upon the

  5                              grounds of a correctional

  6                              institution.

  7  985.3141           3rd      Escapes from a juvenile facility

  8                              (secure detention or residential

  9                              commitment facility).

10

11                              (i)  LEVEL 9

12  316.193

13   (3)(c)3.b.        1st      DUI manslaughter; failing to

14                              render aid or give information.

15  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

16                              render aid or give information.

17  560.123(8)(b)3.    1st      Failure to report currency or

18                              payment instruments totaling or

19                              exceeding $100,000 by money

20                              transmitter.

21  560.125(5)(c)      1st      Money transmitter business by

22                              unauthorized person, currency, or

23                              payment instruments totaling or

24                              exceeding $100,000.

25  655.50(10)(b)3.    1st      Failure to report financial

26                              transactions totaling or

27                              exceeding $100,000 by financial

28                              institution.

29  755.0844           1st      Aggravated white collar crime.

30  782.04(1)          1st      Attempt, conspire, or solicit to

31                              commit premeditated murder.

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  1  782.04(3)          1st,PBL   Accomplice to murder in

  2                              connection with arson, sexual

  3                              battery, robbery, burglary, and

  4                              other specified felonies.

  5  782.051(1)         1st      Attempted felony murder while

  6                              perpetrating or attempting to

  7                              perpetrate a felony enumerated in

  8                              s. 782.04(3).

  9  782.07(2)          1st      Aggravated manslaughter of an

10                              elderly person or disabled adult.

11  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

12                              reward or as a shield or hostage.

13  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

14                              or facilitate commission of any

15                              felony.

16  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

17                              interfere with performance of any

18                              governmental or political

19                              function.

20  787.02(3)(a)       1st      False imprisonment; child under

21                              age 13; perpetrator also commits

22                              aggravated child abuse, sexual

23                              battery, or lewd or lascivious

24                              battery, molestation, conduct, or

25                              exhibition.

26  790.161            1st      Attempted capital destructive

27                              device offense.

28  790.166(2)         1st,PBL  Possessing, selling, using, or

29                              attempting to use a weapon of

30                              mass destruction.

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  1  794.011(2)         1st      Attempted sexual battery; victim

  2                              less than 12 years of age.

  3  794.011(2)         Life     Sexual battery; offender younger

  4                              than 18 years and commits sexual

  5                              battery on a person less than 12

  6                              years.

  7  794.011(4)         1st      Sexual battery; victim 12 years

  8                              or older, certain circumstances.

  9  794.011(8)(b)      1st      Sexual battery; engage in sexual

10                              conduct with minor 12 to 18 years

11                              by person in familial or

12                              custodial authority.

13  800.04(5)(b)       1st      Lewd or lascivious molestation;

14                              victim less than 12 years;

15                              offender 18 years or older.

16  812.13(2)(a)       1st,PBL  Robbery with firearm or other

17                              deadly weapon.

18  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

19                              deadly weapon.

20  827.03(2)          1st      Aggravated child abuse.

21  847.0145(1)        1st      Selling, or otherwise

22                              transferring custody or control,

23                              of a minor.

24  847.0145(2)        1st      Purchasing, or otherwise

25                              obtaining custody or control, of

26                              a minor.

27

28

29

30

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  1  859.01             1st      Poisoning or introducing

  2                              bacteria, radioactive materials,

  3                              viruses, or chemical compounds

  4                              into food, drink, medicine, or

  5                              water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

12   (1)(b)1.c.        1st      Trafficking in cocaine, more than

13                              400 grams, less than 150

14                              kilograms.

15  893.135

16   (1)(c)1.c.        1st      Trafficking in illegal drugs,

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

20   (1)(d)1.c.        1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135

23   (1)(e)1.c.        1st      Trafficking in methaqualone, more

24                              than 25 kilograms.

25  893.135

26   (1)(f)1.c.        1st      Trafficking in amphetamine, more

27                              than 200 grams.

28  893.135

29   (1)(h)1.c.        1st      Trafficking in

30                              gamma-hydroxybutyric acid (GHB),

31                              10 kilograms or more.

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  1  893.135

  2   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10

  3                              kilograms or more.

  4  893.135

  5   (1)(j)2.c.        1st      Trafficking in Phenethylamines,

  6                              400 grams or more.

  7  896.101(5)(c)      1st      Money laundering, financial

  8                              instruments totaling or exceeding

  9                              $100,000.

10  896.104(4)(a)3.    1st      Structuring transactions to evade

11                              reporting or registration

12                              requirements, financial

13                              transactions totaling or

14                              exceeding $100,000.

15         Section 11.  Section 938.07, Florida Statutes, is

16  amended to read:

17         938.07  Driving or boating under the

18  influence.--Notwithstanding any other provision of s. 316.193

19  or s. 327.35, a court cost of $135 shall be added to any fine

20  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

21  remit the funds to the Department of Revenue, $25 of which

22  shall be deposited in the Emergency Medical Services Trust

23  Fund, $50 shall be deposited in the Criminal Justice Standards

24  and Training Trust Fund of the Department of Law Enforcement

25  to be used for operational expenses in conducting the

26  statewide criminal analysis laboratory system established in

27  s. 943.32, and $60 shall be deposited in the Brain and Spinal

28  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

29         Section 12.  Paragraph (d) of subsection (2) of section

30  943.05, Florida Statutes, is amended to read:

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  1         943.05  Criminal Justice Information Program; duties;

  2  crime reports.--

  3         (2)  The program shall:

  4         (d)  Adopt rules to effectively and efficiently

  5  implement, administer, manage, maintain, and use the automated

  6  fingerprint identification system and uniform offense reports

  7  and arrest reports.  The rules shall be considered minimum

  8  requirements and shall not preclude a criminal justice agency

  9  from implementing its own enhancements. However, rules and

10  forms prescribing uniform arrest or probable-cause affidavits

11  and alcohol-influence reports to be used by all law

12  enforcement agencies in making DUI arrests under s. 316.193

13  shall be adopted, and shall be used by all law enforcement

14  agencies in this state.

15         Section 13.  This act shall take effect July 1, 2002.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                          CS for SB 1024

19

20  Provides that it is a first degree misdemeanor to refuse to
    submit to testing under specified circumstances. Requires
21  installation of an ignition interlock device for second and
    third DUI convictions. Ranks Felony DUI and Felony BUI as a
22  Level 3 on the Offense Severity Chart. Requires the Florida
    Department of Law Enforcement to adopt rules and forms for DUI
23  arrests.

24

25

26

27

28

29

30

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