Senate Bill sb1024c3
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Florida Senate - 2002 CS for CS for CS for SB 1024
By the Committees on Appropriations; Governmental Oversight
and Productivity; Criminal Justice; and Senator Burt
309-2280-02
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; amending
8 conditions for conviction in cases of accident,
9 serious bodily injury, or death; removing a
10 cross-reference; amending s. 316.1932, 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. 316.1933, F.S.;
14 requiring a person to submit to a blood test
15 under certain circumstances; directing the
16 court regarding requirements for ignition
17 interlock devices; creating s. 316.1939, F.S.;
18 providing a penalty for refusing to submit to a
19 chemical or physical test of breath, urine, or
20 blood; providing application; amending s.
21 327.35, F.S.; reducing the number of
22 convictions required for a felony BUI; amending
23 conditions for conviction in cases of accident,
24 serious bodily injury, or death; conforming
25 cross-references; amending s. 327.353, F.S.;
26 requiring a person to submit to a blood test
27 under certain circumstances; providing that the
28 test need not be incidental to a lawful arrest;
29 creating s. 327.359, F.S.; providing a penalty
30 for refusing to submit to a chemical or
31 physical test of breath, urine, or blood;
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1 providing application; amending s. 921.0022,
2 F.S.; revising provisions relating to certain
3 DUI offenses; including certain BUI offenses
4 within the offense severity ranking chart;
5 amending s. 938.07, F.S.; providing for
6 application of a fee to persons found guilty of
7 boating under the influence; conforming a
8 cross-reference; amending s. 943.05, F.S.;
9 providing for adoption of rules and forms for
10 making DUI arrests; providing an appropriation;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (2), (3), and (4) of section
16 316.193, Florida Statutes, are amended, and subsection (11) is
17 added to that section, to read:
18 316.193 Driving under the influence; penalties.--
19 (2)(a) Except as provided in paragraph (b), subsection
20 (3), or subsection (4), any person who is convicted of a
21 violation of subsection (1) shall be punished:
22 1. By a fine of:
23 a. Not less than $250 or more than $500 for a first
24 conviction.
25 b. Not less than $500 or more than $1,000 for a second
26 conviction.
27 c. Not less than $1,000 or more than $2,500 for a
28 third conviction; and
29 2. By imprisonment for:
30 a. Not more than 6 months for a first conviction.
31 b. Not more than 9 months for a second conviction.
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1 c. Not more than 12 months for a third conviction.
2 3. For a second conviction, by mandatory placement for
3 a period of 1 year, at the convicted person's sole expense, of
4 an ignition interlock device approved by the Department of
5 Highway Safety and Motor Vehicles upon all vehicles that are
6 individually or jointly leased or owned by the convicted
7 person, and upon all vehicles that are routinely operated by
8 the convicted person when the convicted person qualifies for a
9 permanent or restricted license. The installation of such
10 device may not occur before July 1, 2003.
11 (b)1. Any person who is convicted of a third fourth or
12 subsequent violation of this section for an offense that
13 occurs within a period of 10 years after the date of a prior
14 conviction for a violation of this section commits is guilty
15 of a felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084. In addition, the court
17 shall order the mandatory placement for a period of not less
18 than 2 years, at the convicted person's sole expense, of an
19 ignition interlock device approved by the Department of
20 Highway Safety and Motor Vehicles upon all vehicles that are
21 individually or jointly leased or owned by the convicted
22 person and upon all vehicles that are routinely operated by
23 the convicted person when the convicted person qualifies for a
24 permanent or restricted license. The installation of such
25 device may not occur before July 1, 2003.;
26 2. Any person who is convicted of a third violation of
27 this section for an offense that occurs more than 10 years
28 after the date of a prior conviction for a violation of this
29 section shall be punished by a fine of not less than $1,000 or
30 more than $2,500 and by imprisonment for not more than 12
31 months. In addition, the court shall order the mandatory
3
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1 placement for a period of 1 year, at the convicted person's
2 sole expense, of an ignition interlock device approved by the
3 Department of Highway Safety and Motor Vehicles upon all
4 vehicles that are individually or jointly leased or owned by
5 the convicted person and upon all vehicles that are routinely
6 operated by the convicted person when the convicted person
7 qualifies for a permanent or restricted license. The
8 installation of such device may not occur before July 1,
9 2003.;
10 3. Any person who is convicted of a fourth or
11 subsequent violation of this section, regardless of when any
12 prior conviction for a violation of this section occurred,
13 commits a felony of the third degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084. However, the fine
15 imposed for such fourth or subsequent violation may be not
16 less than $1,000.
17 (3) Any person:
18 (a) Who is in violation of subsection (1);
19 (b) Who operates a vehicle; and
20 (c) Who, by reason of such operation, causes or
21 contributes to causing:
22 1. Damage to the property or person of another commits
23 a misdemeanor of the first degree, punishable as provided in
24 s. 775.082 or s. 775.083.
25 2. Serious bodily injury to another, as defined in s.
26 316.1933, commits a felony of the third degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 3. The death of any human being commits DUI
29 manslaughter, and commits:
30 a. A felony of the second degree, punishable as
31 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 crash, the person knew, or
4 should have known, that the crash occurred; and
5 (II) The person failed to give information and render
6 aid as required by s. 316.062.
7 (4) Any person who is convicted of a violation of
8 subsection (1) and who has a blood-alcohol level or
9 breath-alcohol level of 0.20 or higher, or any person who is
10 convicted of a violation of subsection (1) and who at the time
11 of the offense was accompanied in the vehicle by a person
12 under the age of 18 years, shall be punished:
13 (a) By a fine of:
14 1. Not less than $500 or more than $1,000 for a first
15 conviction.
16 2. Not less than $1,000 or more than $2,000 for a
17 second conviction.
18 3. Not less than $2,000 or more than $5,000 for a
19 third or subsequent conviction.
20 (b) By imprisonment for:
21 1. Not more than 9 months for a first conviction.
22 2. Not more than 12 months for a second conviction.
23 3. Not more than 12 months for a third conviction.
24
25 For the purposes of this subsection, any conviction for a
26 violation of s. 327.35, only the instant offense is required
27 to be a violation of subsection (1) by a person who has a
28 blood-alcohol level or breath-alcohol level of 0.20 or higher.
29 (c) In addition to the additional penalties in
30 paragraphs (a) and (b), the court shall order the mandatory
31 placement, at the convicted person's sole expense, of an
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1 ignition interlock device approved by the Department of
2 Highway Safety and Motor Vehicles upon all vehicles that are
3 individually or jointly leased or owned by the convicted
4 person and upon all vehicles that are routinely operated by
5 the convicted person when the convicted person qualifies for a
6 permanent or restricted license up to 6 months for the first
7 offense and up to 1 year for a second offense. The
8 installation of such device may not occur before July 1, 2003.
9 (11) The Department of Highway Safety and Motor
10 Vehicles is directed to adopt rules providing for the
11 implementation of the use of ignition interlock devices.
12 Section 2. Section 316.1932, Florida Statutes, is
13 amended to read:
14 316.1932 Breath, blood, and urine tests for alcohol,
15 chemical substances, or controlled substances; implied
16 consent; refusal right to refuse.--
17 (1)(a)1. Any person who accepts the privilege extended
18 by the laws of this state of operating a motor vehicle within
19 this state is, by so operating such vehicle, deemed to have
20 given his or her consent to submit to an approved chemical
21 test or physical test including, but not limited to, an
22 infrared light test of his or her breath for the purpose of
23 determining the alcoholic content of his or her blood or
24 breath, and to a urine test for the purpose of detecting the
25 presence of chemical substances as set forth in s. 877.111 or
26 controlled substances, if the person is lawfully arrested for
27 any offense allegedly committed while the person was driving
28 or was in actual physical control of a motor vehicle while
29 under the influence of alcoholic beverages, chemical
30 substances, or controlled substances. The chemical or
31 physical breath test must be incidental to a lawful arrest and
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1 administered at the request of a law enforcement officer who
2 has reasonable cause to believe such person was driving or was
3 in actual physical control of the motor vehicle within this
4 state while under the influence of alcoholic beverages. The
5 urine test must be incidental to a lawful arrest and
6 administered at a detention facility or any other facility,
7 mobile or otherwise, which is equipped to administer such
8 tests at the request of a law enforcement officer who has
9 reasonable cause to believe such person was driving or was in
10 actual physical control of a motor vehicle within this state
11 while under the influence of controlled substances. The urine
12 test shall be administered at a detention facility or any
13 other facility, mobile or otherwise, which is equipped to
14 administer such tests in a reasonable manner that will ensure
15 the accuracy of the specimen and maintain the privacy of the
16 individual involved. The administration of one type of test
17 does not preclude the administration of another type of test.
18 The person shall be told that his or her failure to submit to
19 any lawful test of his or her breath or urine, or both, will
20 result in the suspension of the person's privilege to operate
21 a motor vehicle for a period of 1 year for a first refusal, or
22 for a period of 18 months if the driving privilege of such
23 person has been previously suspended as a result of a refusal
24 to submit to such a test or tests, and will also be told that
25 if he or she refuses to submit to a lawful test of his or her
26 breath or urine, or both, and his or her driving privilege is
27 currently suspended for a prior refusal to submit to a lawful
28 test of his or her breath, urine, or blood, he or she is
29 guilty of a misdemeanor in addition to any other penalties.
30 The refusal to submit to a chemical or physical breath test or
31 to a urine test upon the request of a law enforcement officer
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1 as provided in this section is admissible into evidence in any
2 criminal proceeding.
3 2. The Alcohol Testing Program within the Department
4 of Law Enforcement is responsible for the regulation of the
5 operation, inspection, and registration of breath test
6 instruments utilized under the driving and boating under the
7 influence provisions and related provisions located in this
8 chapter and chapters 322 and 327. The program is responsible
9 for the regulation of the individuals who operate, inspect,
10 and instruct on the breath test instruments utilized in the
11 driving and boating under the influence provisions and related
12 provisions located in this chapter and chapters 322 and 327.
13 The program is further responsible for the regulation of blood
14 analysts who conduct blood testing to be utilized under the
15 driving and boating under the influence provisions and related
16 provisions located in this chapter and chapters 322 and 327.
17 The program shall:
18 a. Establish uniform criteria for the issuance of
19 permits to breath test operators, agency inspectors,
20 instructors, blood analysts, and instruments.
21 b. Have the authority to permit breath test operators,
22 agency inspectors, instructors, blood analysts, and
23 instruments.
24 c. Have the authority to discipline and suspend,
25 revoke, or renew the permits of breath test operators, agency
26 inspectors, instructors, blood analysts, and instruments.
27 d. Establish uniform requirements for instruction and
28 curricula for the operation and inspection of approved
29 instruments.
30
31
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1 e. Have the authority to specify one approved
2 curriculum for the operation and inspection of approved
3 instruments.
4 f. Establish a procedure for the approval of breath
5 test operator and agency inspector classes.
6 g. Have the authority to approve or disapprove breath
7 test instruments and accompanying paraphernalia for use
8 pursuant to the driving and boating under the influence
9 provisions and related provisions located in this chapter and
10 chapters 322 and 327.
11 h. With the approval of the executive director of the
12 Department of Law Enforcement, make and enter into contracts
13 and agreements with other agencies, organizations,
14 associations, corporations, individuals, or federal agencies
15 as are necessary, expedient, or incidental to the performance
16 of duties.
17 i. Issue final orders which include findings of fact
18 and conclusions of law and which constitute final agency
19 action for the purpose of chapter 120.
20 j. Enforce compliance with the provisions of this
21 section through civil or administrative proceedings.
22 k. Make recommendations concerning any matter within
23 the purview of this section, this chapter, chapter 322, or
24 chapter 327.
25 l. Promulgate rules for the administration and
26 implementation of this section, including definitions of
27 terms.
28 m. Consult and cooperate with other entities for the
29 purpose of implementing the mandates of this section.
30 n. Have the authority to approve the type of blood
31 test utilized under the driving and boating under the
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1 influence provisions and related provisions located in this
2 chapter and chapters 322 and 327.
3 o. Have the authority to specify techniques and
4 methods for breath alcohol testing and blood testing utilized
5 under the driving and boating under the influence provisions
6 and related provisions located in this chapter and chapters
7 322 and 327.
8 p. Have the authority to approve repair facilities for
9 the approved breath test instruments, including the authority
10 to set criteria for approval.
11
12 Nothing in this section shall be construed to supersede
13 provisions in this chapter and chapters 322 and 327. The
14 specifications in this section are derived from the power and
15 authority previously and currently possessed by the Department
16 of Law Enforcement and are enumerated to conform with the
17 mandates of chapter 99-379, Laws of Florida.
18 (b)1. The blood-alcohol level must be based upon grams
19 of alcohol per 100 milliliters of blood. The breath-alcohol
20 level must be based upon grams of alcohol per 210 liters of
21 breath.
22 2. An analysis of a person's breath, in order to be
23 considered valid under this section, must have been performed
24 substantially according to methods approved by the Department
25 of Law Enforcement. For this purpose, the department may
26 approve satisfactory techniques or methods. Any insubstantial
27 differences between approved techniques and actual testing
28 procedures in any individual case do not render the test or
29 test results invalid.
30 (c) Any person who accepts the privilege extended by
31 the laws of this state of operating a motor vehicle within
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1 this state is, by operating such vehicle, deemed to have given
2 his or her consent to submit to an approved blood test for the
3 purpose of determining the alcoholic content of the blood or a
4 blood test for the purpose of determining the presence of
5 chemical substances or controlled substances as provided in
6 this section if there is reasonable cause to believe the
7 person was driving or in actual physical control of a motor
8 vehicle while under the influence of alcoholic beverages or
9 chemical or controlled substances and the person appears for
10 treatment at a hospital, clinic, or other medical facility and
11 the administration of a breath or urine test is impractical or
12 impossible. As used in this paragraph, the term "other medical
13 facility" includes an ambulance or other medical emergency
14 vehicle. The blood test shall be performed in a reasonable
15 manner. Any person who is incapable of refusal by reason of
16 unconsciousness or other mental or physical condition is
17 deemed not to have withdrawn his or her consent to such test.
18 A blood test may be administered whether or not the person is
19 told that his or her failure to submit to such a blood test
20 will result in the suspension of the person's privilege to
21 operate a motor vehicle upon the public highways of this state
22 and that a refusal to submit to a lawful test of his or her
23 blood, if his or her driving privilege is currently suspended
24 for refusal to submit to a lawful test of his or her breath,
25 urine, or blood, is a misdemeanor. Any person who is capable
26 of refusal shall be told that his or her failure to submit to
27 such a blood test will result in the suspension of the
28 person's privilege to operate a motor vehicle for a period of
29 1 year for a first refusal, or for a period of 18 months if
30 the driving privilege of the person has been suspended
31 previously as a result of a refusal to submit to such a test
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1 or tests, and that a refusal to submit to a lawful test of his
2 or her blood, if his or her driving privilege is currently
3 suspended for a prior refusal to submit to a lawful test of
4 his or her breath, urine, or blood, is a misdemeanor. The
5 refusal to submit to a blood test upon the request of a law
6 enforcement officer is admissible in evidence in any criminal
7 proceeding.
8 (d) If the arresting officer does not request a
9 chemical or physical breath test of the person arrested for
10 any offense allegedly committed while the person was driving
11 or was in actual physical control of a motor vehicle while
12 under the influence of alcoholic beverages or controlled
13 substances, such person may request the arresting officer to
14 have a chemical or physical test made of the arrested person's
15 breath or a test of the urine or blood for the purpose of
16 determining the alcoholic content of the person's blood or
17 breath or the presence of chemical substances or controlled
18 substances; and, if so requested, the arresting officer shall
19 have the test performed.
20 (e)1. By applying for a driver's license and by
21 accepting and using a driver's license, the person holding the
22 driver's license is deemed to have expressed his or her
23 consent to the provisions of this section.
24 2. A nonresident or any other person driving in a
25 status exempt from the requirements of the driver's license
26 law, by his or her act of driving in such exempt status, is
27 deemed to have expressed his or her consent to the provisions
28 of this section.
29 3. A warning of the consent provision of this section
30 shall be printed above the signature line on each new or
31 renewed driver's license.
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1 (f)1. The tests determining the weight of alcohol in
2 the defendant's blood or breath shall be administered at the
3 request of a law enforcement officer substantially in
4 accordance with rules of the Department of Law Enforcement.
5 Such rules must specify precisely the test or tests that are
6 approved by the Department of Law Enforcement for reliability
7 of result and ease of administration, and must provide an
8 approved method of administration which must be followed in
9 all such tests given under this section. However, the failure
10 of a law enforcement officer to request the withdrawal of
11 blood does not affect the admissibility of a test of blood
12 withdrawn for medical purposes.
13 2.a. Only a physician, certified paramedic, registered
14 nurse, licensed practical nurse, other personnel authorized by
15 a hospital to draw blood, or duly licensed clinical laboratory
16 director, supervisor, technologist, or technician, acting at
17 the request of a law enforcement officer, may withdraw blood
18 for the purpose of determining its alcoholic content or the
19 presence of chemical substances or controlled substances
20 therein. However, the failure of a law enforcement officer to
21 request the withdrawal of blood does not affect the
22 admissibility of a test of blood withdrawn for medical
23 purposes.
24 b. Notwithstanding any provision of law pertaining to
25 the confidentiality of hospital records or other medical
26 records, if a health care provider, who is providing medical
27 care in a health care facility to a person injured in a motor
28 vehicle crash, becomes aware, as a result of any blood test
29 performed in the course of that medical treatment, that the
30 person's blood-alcohol level meets or exceeds the
31 blood-alcohol level specified in s. 316.193(1)(b), the health
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1 care provider may notify any law enforcement officer or law
2 enforcement agency. Any such notice must be given within a
3 reasonable time after the health care provider receives the
4 test result. Any such notice shall be used only for the
5 purpose of providing the law enforcement officer with
6 reasonable cause to request the withdrawal of a blood sample
7 pursuant to this section.
8 c. The notice shall consist only of the name of the
9 person being treated, the name of the person who drew the
10 blood, the blood-alcohol level indicated by the test, and the
11 date and time of the administration of the test.
12 d. Nothing contained in s. 395.3025(4), s. 456.057, or
13 any applicable practice act affects the authority to provide
14 notice under this section, and the health care provider is not
15 considered to have breached any duty owed to the person under
16 s. 395.3025(4), s. 456.057, or any applicable practice act by
17 providing notice or failing to provide notice. It shall not be
18 a breach of any ethical, moral, or legal duty for a health
19 care provider to provide notice or fail to provide notice.
20 e. A civil, criminal, or administrative action may not
21 be brought against any person or health care provider
22 participating in good faith in the provision of notice or
23 failure to provide notice as provided in this section. Any
24 person or health care provider participating in the provision
25 of notice or failure to provide notice as provided in this
26 section shall be immune from any civil or criminal liability
27 and from any professional disciplinary action with respect to
28 the provision of notice or failure to provide notice under
29 this section. Any such participant has the same immunity with
30 respect to participating in any judicial proceedings resulting
31 from the notice or failure to provide notice.
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1 3. The person tested may, at his or her own expense,
2 have a physician, registered nurse, other personnel authorized
3 by a hospital to draw blood, or duly licensed clinical
4 laboratory director, supervisor, technologist, or technician,
5 or other person of his or her own choosing administer an
6 independent test in addition to the test administered at the
7 direction of the law enforcement officer for the purpose of
8 determining the amount of alcohol in the person's blood or
9 breath or the presence of chemical substances or controlled
10 substances at the time alleged, as shown by chemical analysis
11 of his or her blood or urine, or by chemical or physical test
12 of his or her breath. The failure or inability to obtain an
13 independent test by a person does not preclude the
14 admissibility in evidence of the test taken at the direction
15 of the law enforcement officer. The law enforcement officer
16 shall not interfere with the person's opportunity to obtain
17 the independent test and shall provide the person with timely
18 telephone access to secure the test, but the burden is on the
19 person to arrange and secure the test at the person's own
20 expense.
21 4. Upon the request of the person tested, full
22 information concerning the test taken at the direction of the
23 law enforcement officer shall be made available to the person
24 or his or her attorney.
25 5. A hospital, clinical laboratory, medical clinic, or
26 similar medical institution or physician, certified paramedic,
27 registered nurse, licensed practical nurse, other personnel
28 authorized by a hospital to draw blood, or duly licensed
29 clinical laboratory director, supervisor, technologist, or
30 technician, or other person assisting a law enforcement
31 officer does not incur any civil or criminal liability as a
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1 result of the withdrawal or analysis of a blood or urine
2 specimen, or the chemical or physical test of a person's
3 breath pursuant to accepted medical standards when requested
4 by a law enforcement officer, regardless of whether or not the
5 subject resisted administration of the test.
6 (2) The results of any test administered pursuant to
7 this section for the purpose of detecting the presence of any
8 controlled substance shall not be admissible as evidence in a
9 criminal prosecution for the possession of a controlled
10 substance.
11 (3) Notwithstanding any provision of law pertaining to
12 the confidentiality of hospital records or other medical
13 records, information relating to the alcoholic content of the
14 blood or breath or the presence of chemical substances or
15 controlled substances in the blood obtained pursuant to this
16 section shall be released to a court, prosecuting attorney,
17 defense attorney, or law enforcement officer in connection
18 with an alleged violation of s. 316.193 upon request for such
19 information.
20 Section 3. Subsection (1) of section 316.1933, Florida
21 Statutes, is amended to read:
22 316.1933 Blood test for impairment or intoxication in
23 cases of death or serious bodily injury; right to use
24 reasonable force.--
25 (1)(a) Notwithstanding any recognized ability to
26 refuse to submit to the tests provided in s. 316.1932 or any
27 recognized power to revoke the implied consent to such tests,
28 If a law enforcement officer has probable cause to believe
29 that a motor vehicle driven by or in the actual physical
30 control of a person under the influence of alcoholic
31 beverages, any chemical substances, or any controlled
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1 substances has caused the death or serious bodily injury of a
2 human being, such person shall submit, upon the request of a
3 law enforcement officer shall require the person driving or in
4 actual physical control of the motor vehicle to submit, to a
5 test of the person's blood for the purpose of determining the
6 alcoholic content thereof or the presence of chemical
7 substances as set forth in s. 877.111 or any substance
8 controlled under chapter 893. The law enforcement officer may
9 use reasonable force if necessary to require such person to
10 submit to the administration of the blood test. The blood
11 test shall be performed in a reasonable manner.
12 Notwithstanding s. 316.1932, the testing required by this
13 paragraph need not be incidental to a lawful arrest of the
14 person.
15 (b) The term "serious bodily injury" means an injury
16 to any person, including the driver, which consists of a
17 physical condition that creates a substantial risk of death,
18 serious personal disfigurement, or protracted loss or
19 impairment of the function of any bodily member or organ.
20 Section 4. Subsection (1) of section 316.1937, Florida
21 Statutes, is amended to read:
22 316.1937 Ignition interlock devices, requiring;
23 unlawful acts.--
24 (1) In addition to any other authorized penalties, the
25 court may require that any person who is convicted of driving
26 under the influence in violation of s. 316.193, and who is
27 granted probation, shall not operate a motor vehicle during
28 the period of probation unless that vehicle is equipped with a
29 functioning ignition interlock device certified by the
30 department as provided in s. 316.1938, and installed in such a
31 manner that the vehicle will not start if the operator's blood
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1 alcohol level is in excess of 0.05 percent or as otherwise
2 specified by the court. The court may require the use of an
3 approved ignition interlock device for the period of
4 probation, said period to be for not less than 6 months, if
5 the person is permitted to operate a motor vehicle, whether
6 the privilege to operate a motor vehicle is restricted or not,
7 as determined by the court. The court shall require placement
8 of an ignition interlock device in accordance with s.
9 316.193(2) and (4).
10 Section 5. Section 316.1939, Florida Statutes, is
11 created to read:
12 316.1939 Refusal to submit to testing; penalties.--
13 (1) Any person who has refused to submit to a chemical
14 or physical test of his or her breath, blood, or urine, as
15 described in s. 316.1932 and whose driving privilege is
16 currently suspended for a prior refusal to submit to a lawful
17 test of his or her breath, urine, or blood, and:
18 (a) Whom the arresting law enforcement officer had
19 probable cause to believe was driving or in actual physical
20 control of a motor vehicle in this state while under the
21 influence of alcoholic beverages, chemical substances, or
22 controlled substances;
23 (b) Who was placed under lawful arrest for a violation
24 of s. 316.193;
25 (c) Who was informed that, if he or she refused to
26 submit to such test, his or her privilege to operate a motor
27 vehicle would be suspended for a period of 1 year or, in the
28 case of a second or subsequent refusal, for a period of 18
29 months;
30 (d) Who was informed that a refusal to submit to a
31 lawful test of his or her breath, urine, or blood, if his or
18
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1 her driving privilege is currently suspended for a prior
2 refusal to submit to a lawful test of his or her breath,
3 urine, or blood, is a misdemeanor; and
4 (e) Who after having been so informed, refused to
5 submit to any such test when requested to do so by a law
6 enforcement officer or correctional officer
7
8 commits a misdemeanor of the first degree and is subject to
9 punishment as provided in s. 775.082 or s. 775.083.
10 (2) The disposition of any administrative proceeding
11 that relates to the suspension of a person's driving privilege
12 does not affect a criminal action under this section.
13 (3) The disposition of a criminal action under this
14 section does not affect any administrative proceeding that
15 relates to the suspension of a person's driving privilege.
16 Section 6. Subsections (2), (3), and (4) of section
17 327.35, Florida Statutes, are amended to read:
18 327.35 Boating under the influence; penalties;
19 "designated drivers".--
20 (2)(a) Except as provided in paragraph (b), subsection
21 (3), or subsection (4), any person who is convicted of a
22 violation of subsection (1) shall be punished:
23 1. By a fine of:
24 a. Not less than $250 or more than $500 for a first
25 conviction.
26 b. Not less than $500 or more than $1,000 for a second
27 conviction.
28 c. Not less than $1,000 or more than $2,500 for a
29 third conviction; and
30 2. By imprisonment for:
31 a. Not more than 6 months for a first conviction.
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1 b. Not more than 9 months for a second conviction.
2 c. Not more than 12 months for a third conviction.
3 (b)1. Any person who is convicted of a third fourth or
4 subsequent violation of this section for an offense that
5 occurs within a period of 10 years after the date of a prior
6 conviction for a violation of this section commits is guilty
7 of a felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.;
9 2. Any person who is convicted of a third violation of
10 this section for an offense that occurs more than 10 years
11 after the date of a prior conviction for a violation of this
12 section shall be punished by a fine of not less than $1,000 or
13 more than $2,500 and by imprisonment for not more than 12
14 months.
15 3. Any person who is convicted of a fourth or
16 subsequent violation of this section, regardless of when any
17 prior conviction for a violation of this section occurred,
18 commits a felony of the third degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20
21 However, the fine imposed for such fourth or subsequent
22 violation may not be less than $1,000.
23 (3) Any person:
24 (a) Who is in violation of subsection (1);
25 (b) Who operates a vessel; and
26 (c) Who, by reason of such operation, causes or
27 contributes to causing:
28 1. Damage to the property or person of another commits
29 a misdemeanor of the first degree, punishable as provided in
30 s. 775.082 or s. 775.083.
31
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1 2. Serious bodily injury to another, as defined in s.
2 327.353 s. 316.1933, commits a felony of the third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 3. The death of any human being commits BUI
6 manslaughter, and commits:
7 a. A felony of the second degree, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 b. A felony of the first degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084, if:
11 (I) At the time of the accident, the person knew, or
12 should have known, that the accident occurred; and
13 (II) The person failed to give information and render
14 aid as required by s. 327.30 s. 316.062.
15
16 This sub-subparagraph does not require that the person knew
17 that the accident resulted in injury or death.
18 (4) Any person who is convicted of a violation of
19 subsection (1) and who has a blood-alcohol level or
20 breath-alcohol level of 0.20 or higher, or any person who is
21 convicted of a violation of subsection (1) and who at the time
22 of the offense was accompanied in the vessel by a person under
23 the age of 18 years, shall be punished:
24 (a) By a fine of:
25 1. Not less than $500 or more than $1,000 for a first
26 conviction.
27 2. Not less than $1,000 or more than $2,000 for a
28 second conviction.
29 3. Not less than $2,000 or more than $5,000 for a
30 third or subsequent conviction.
31 (b) By imprisonment for:
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1 1. Not more than 9 months for a first conviction.
2 2. Not more than 12 months for a second conviction.
3 3. Not more than 12 months for a third conviction.
4
5 For the purposes of this subsection, only the instant offense
6 is required to be a violation of subsection (1) by a person
7 who has a blood-alcohol level or breath-alcohol level of 0.20
8 or higher.
9 Section 7. Section 327.352, Florida Statutes, is
10 amended to read:
11 327.352 Breath, blood, and urine tests for alcohol,
12 chemical substances, or controlled substances; implied
13 consent; refusal right to refuse.--
14 (1)(a) The Legislature declares that the operation of
15 a vessel is a privilege that must be exercised in a reasonable
16 manner. In order to protect the public health and safety, it
17 is essential that a lawful and effective means of reducing the
18 incidence of boating while impaired or intoxicated be
19 established. Therefore, any person who accepts the privilege
20 extended by the laws of this state of operating a vessel
21 within this state is, by so operating such vessel, deemed to
22 have given his or her consent to submit to an approved
23 chemical test or physical test including, but not limited to,
24 an infrared light test of his or her breath for the purpose of
25 determining the alcoholic content of his or her blood or
26 breath, and to a urine test for the purpose of detecting the
27 presence of chemical substances as set forth in s. 877.111 or
28 controlled substances, if the person is lawfully arrested for
29 any offense allegedly committed while the person was operating
30 a vessel while under the influence of alcoholic beverages,
31 chemical substances, or controlled substances. The chemical
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1 or physical breath test must be incidental to a lawful arrest
2 and administered at the request of a law enforcement officer
3 who has reasonable cause to believe such person was operating
4 the vessel within this state while under the influence of
5 alcoholic beverages. The urine test must be incidental to a
6 lawful arrest and administered at a detention facility or any
7 other facility, mobile or otherwise, which is equipped to
8 administer such tests at the request of a law enforcement
9 officer who has reasonable cause to believe such person was
10 operating a vessel within this state while under the influence
11 of controlled substances. The urine test shall be administered
12 at a detention facility or any other facility, mobile or
13 otherwise, which is equipped to administer such tests in a
14 reasonable manner that will ensure the accuracy of the
15 specimen and maintain the privacy of the individual involved.
16 The administration of one type of test does not preclude the
17 administration of another type of test. The person shall be
18 told that his or her failure to submit to any lawful test of
19 his or her breath or urine, or both, will result in a civil
20 penalty of $500, and will also be told that if he or she
21 refuses to submit to a lawful test of his or her breath or
22 urine, or both, and he or she has been previously fined for
23 refusal to submit to any lawful test of his or her breath,
24 urine, or blood, he or she is guilty of a misdemeanor in
25 addition to any other penalties. The refusal to submit to a
26 chemical or physical breath or urine test upon the request of
27 a law enforcement officer as provided in this section is
28 admissible into evidence in any criminal proceeding.
29 (b)1. The blood-alcohol level must be based upon grams
30 of alcohol per 100 milliliters of blood. The breath-alcohol
31
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1 level must be based upon grams of alcohol per 210 liters of
2 breath.
3 2. An analysis of a person's breath, in order to be
4 considered valid under this section, must have been performed
5 substantially according to methods approved by the Department
6 of Law Enforcement. Any insubstantial differences between
7 approved techniques and actual testing procedures in any
8 individual case do not render the test or test results
9 invalid.
10 3. The Alcohol Testing Program within the Department
11 of Law Enforcement is responsible for the regulation of the
12 operation, inspection, and registration of breath test
13 instruments utilized under the driving and boating under the
14 influence provisions and related provisions located in this
15 chapter and chapters 316 and 322. The program is responsible
16 for the regulation of the individuals who operate, inspect,
17 and instruct on the breath test instruments utilized in the
18 driving and boating under the influence provisions and related
19 provisions located in this chapter and chapters 316 and 322.
20 The program is further responsible for the regulation of blood
21 analysts who conduct blood testing to be utilized under the
22 driving and boating under the influence provisions and related
23 provisions located in this chapter and chapters 316 and 322.
24 The program shall:
25 a. Establish uniform criteria for the issuance of
26 permits to breath test operators, agency inspectors,
27 instructors, blood analysts, and instruments.
28 b. Have the authority to permit breath test operators,
29 agency inspectors, instructors, blood analysts, and
30 instruments.
31
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1 c. Have the authority to discipline and suspend,
2 revoke, or renew the permits of breath test operators, agency
3 inspectors, instructors, blood analysts, and instruments.
4 d. Establish uniform requirements for instruction and
5 curricula for the operation and inspection of approved
6 instruments.
7 e. Have the authority to specify one approved
8 curriculum for the operation and inspection of approved
9 instruments.
10 f. Establish a procedure for the approval of breath
11 test operator and agency inspector classes.
12 g. Have the authority to approve or disapprove breath
13 test instruments and accompanying paraphernalia for use
14 pursuant to the driving and boating under the influence
15 provisions and related provisions located in this chapter and
16 chapters 316 and 322.
17 h. With the approval of the executive director of the
18 Department of Law Enforcement, make and enter into contracts
19 and agreements with other agencies, organizations,
20 associations, corporations, individuals, or federal agencies
21 as are necessary, expedient, or incidental to the performance
22 of duties.
23 i. Issue final orders which include findings of fact
24 and conclusions of law and which constitute final agency
25 action for the purpose of chapter 120.
26 j. Enforce compliance with the provisions of this
27 section through civil or administrative proceedings.
28 k. Make recommendations concerning any matter within
29 the purview of this section, this chapter, chapter 316, or
30 chapter 322.
31
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1 l. Promulgate rules for the administration and
2 implementation of this section, including definitions of
3 terms.
4 m. Consult and cooperate with other entities for the
5 purpose of implementing the mandates of this section.
6 n. Have the authority to approve the type of blood
7 test utilized under the driving and boating under the
8 influence provisions and related provisions located in this
9 chapter and chapters 316 and 322.
10 o. Have the authority to specify techniques and
11 methods for breath alcohol testing and blood testing utilized
12 under the driving and boating under the influence provisions
13 and related provisions located in this chapter and chapters
14 316 and 322.
15 p. Have the authority to approve repair facilities for
16 the approved breath test instruments, including the authority
17 to set criteria for approval.
18
19 Nothing in this section shall be construed to supersede
20 provisions in this chapter and chapters 316 and 322. The
21 specifications in this section are derived from the power and
22 authority previously and currently possessed by the Department
23 of Law Enforcement and are enumerated to conform with the
24 mandates of chapter 99-379, Laws of Florida.
25 (c) Any person who accepts the privilege extended by
26 the laws of this state of operating a vessel within this state
27 is, by operating such vessel, deemed to have given his or her
28 consent to submit to an approved blood test for the purpose of
29 determining the alcoholic content of the blood or a blood test
30 for the purpose of determining the presence of chemical
31 substances or controlled substances as provided in this
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1 section if there is reasonable cause to believe the person was
2 operating a vessel while under the influence of alcoholic
3 beverages or chemical or controlled substances and the person
4 appears for treatment at a hospital, clinic, or other medical
5 facility and the administration of a breath or urine test is
6 impractical or impossible. As used in this paragraph, the term
7 "other medical facility" includes an ambulance or other
8 medical emergency vehicle. The blood test shall be performed
9 in a reasonable manner. Any person who is incapable of
10 refusal by reason of unconsciousness or other mental or
11 physical condition is deemed not to have withdrawn his or her
12 consent to such test. Any person who is capable of refusal
13 shall be told that his or her failure to submit to such a
14 blood test will result in a civil penalty of $500 and that a
15 refusal to submit to a lawful test of his or her blood, if he
16 or she has previously been fined for refusal to submit to any
17 lawful test of his or her breath, urine, or blood, is a
18 misdemeanor. The refusal to submit to a blood test upon the
19 request of a law enforcement officer shall be admissible in
20 evidence in any criminal proceeding.
21 (d) If the arresting officer does not request a
22 chemical or physical breath test of the person arrested for
23 any offense allegedly committed while the person was operating
24 a vessel while under the influence of alcoholic beverages or
25 controlled substances, the person may request the arresting
26 officer to have a chemical or physical test made of the
27 arrested person's breath or a test of the urine or blood for
28 the purpose of determining the alcoholic content of the
29 person's blood or breath or the presence of chemical
30 substances or controlled substances; and, if so requested, the
31 arresting officer shall have the test performed.
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1 (e)1. The tests determining the weight of alcohol in
2 the defendant's blood or breath shall be administered at the
3 request of a law enforcement officer substantially in
4 accordance with rules of the Department of Law Enforcement.
5 However, the failure of a law enforcement officer to request
6 the withdrawal of blood does not affect the admissibility of a
7 test of blood withdrawn for medical purposes.
8 2. Only a physician, certified paramedic, registered
9 nurse, licensed practical nurse, other personnel authorized by
10 a hospital to draw blood, or duly licensed clinical laboratory
11 director, supervisor, technologist, or technician, acting at
12 the request of a law enforcement officer, may withdraw blood
13 for the purpose of determining its alcoholic content or the
14 presence of chemical substances or controlled substances
15 therein. However, the failure of a law enforcement officer to
16 request the withdrawal of blood does not affect the
17 admissibility of a test of blood withdrawn for medical
18 purposes.
19 3. The person tested may, at his or her own expense,
20 have a physician, registered nurse, other personnel authorized
21 by a hospital to draw blood, or duly licensed clinical
22 laboratory director, supervisor, technologist, or technician,
23 or other person of his or her own choosing administer an
24 independent test in addition to the test administered at the
25 direction of the law enforcement officer for the purpose of
26 determining the amount of alcohol in the person's blood or
27 breath or the presence of chemical substances or controlled
28 substances at the time alleged, as shown by chemical analysis
29 of his or her blood or urine, or by chemical or physical test
30 of his or her breath. The failure or inability to obtain an
31 independent test by a person does not preclude the
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1 admissibility in evidence of the test taken at the direction
2 of the law enforcement officer. The law enforcement officer
3 shall not interfere with the person's opportunity to obtain
4 the independent test and shall provide the person with timely
5 telephone access to secure the test, but the burden is on the
6 person to arrange and secure the test at the person's own
7 expense.
8 4. Upon the request of the person tested, full
9 information concerning the test taken at the direction of the
10 law enforcement officer shall be made available to the person
11 or his or her attorney.
12 5. A hospital, clinical laboratory, medical clinic, or
13 similar medical institution or physician, certified paramedic,
14 registered nurse, licensed practical nurse, other personnel
15 authorized by a hospital to draw blood, or duly licensed
16 clinical laboratory director, supervisor, technologist, or
17 technician, or other person assisting a law enforcement
18 officer does not incur any civil or criminal liability as a
19 result of the withdrawal or analysis of a blood or urine
20 specimen, or the chemical or physical test of a person's
21 breath pursuant to accepted medical standards when requested
22 by a law enforcement officer, regardless of whether or not the
23 subject resisted administration of the test.
24 (2) The results of any test administered pursuant to
25 this section for the purpose of detecting the presence of any
26 controlled substance shall not be admissible as evidence in a
27 criminal prosecution for the possession of a controlled
28 substance.
29 (3) Notwithstanding any provision of law pertaining to
30 the confidentiality of hospital records or other medical
31 records, information relating to the alcoholic content of the
29
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1 blood or breath or the presence of chemical substances or
2 controlled substances in the blood obtained pursuant to this
3 section shall be released to a court, prosecuting attorney,
4 defense attorney, or law enforcement officer in connection
5 with an alleged violation of s. 327.35 upon request for such
6 information.
7 Section 8. Subsection (1) of section 327.353, Florida
8 Statutes, is amended to read:
9 327.353 Blood test for impairment or intoxication in
10 cases of death or serious bodily injury; right to use
11 reasonable force.--
12 (1)(a) Notwithstanding any recognized ability to
13 refuse to submit to the tests provided in s. 327.352 or any
14 recognized power to revoke the implied consent to such tests,
15 If a law enforcement officer has probable cause to believe
16 that a vessel operated by a person under the influence of
17 alcoholic beverages, any chemical substances, or any
18 controlled substances has caused the death or serious bodily
19 injury of a human being, the person shall submit, upon the
20 request of a law enforcement officer shall require the person
21 operating or in actual physical control of the vessel to
22 submit, to a test of the person's blood for the purpose of
23 determining the alcoholic content thereof or the presence of
24 chemical substances as set forth in s. 877.111 or any
25 substance controlled under chapter 893. The law enforcement
26 officer may use reasonable force if necessary to require the
27 person to submit to the administration of the blood test. The
28 blood test shall be performed in a reasonable manner.
29 Notwithstanding s. 327.352, the testing required by this
30 paragraph need not be incidental to a lawful arrest of the
31 person.
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1 (b) The term "serious bodily injury" means an injury
2 to any person, including the operator, which consists of a
3 physical condition that creates a substantial risk of death,
4 serious personal disfigurement, or protracted loss or
5 impairment of the function of any bodily member or organ.
6 Section 9. Section 327.359, Florida Statutes, is
7 created to read:
8 327.359 Refusal to submit to testing; penalties.--Any
9 person who has refused to submit to a chemical or physical
10 test of his or her breath, blood, or urine, as described in s.
11 327.352, and who has been previously fined for refusal to
12 submit to a lawful test of his or her breath, urine, or blood,
13 and:
14 (1) Whom the arresting law enforcement officer had
15 probable cause to believe was operating or in actual physical
16 control of a vessel in this state while under the influence of
17 alcoholic beverages, chemical substances, or controlled
18 substances;
19 (2) Who was placed under lawful arrest for a violation
20 of s. 327.35;
21 (3) Who was informed that if he or she refused to
22 submit to such test he or she is subject to a fine of $500,
23 and that the refusal to submit to such test is a misdemeanor;
24 (4) Who was informed that a refusal to submit to a
25 lawful test of his or her breath, urine, or blood, if he or
26 she has been previously fined for refusal to submit to a
27 lawful test of his or her breath, urine, or blood, is a
28 misdemeanor; and
29 (5) Who, after having been so informed, refused to
30 submit to any such test when requested to do so by a law
31 enforcement officer or correctional officer
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1
2 commits a misdemeanor of the first degree and is subject to
3 punishment as provided in s. 775.082 or s. 775.083.
4 Section 10. Paragraphs (c) and (i) of subsection (3)
5 of section 921.0022, Florida Statutes, as amended by chapter
6 2001-358, Laws of Florida, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14
15 (c) LEVEL 3
16 316.193(2)(b) 3rd Felony DUI, 3rd conviction
17 316.1935(2) 3rd Fleeing or attempting to elude
18 law enforcement officer in marked
19 patrol vehicle with siren and
20 lights activated.
21 319.30(4) 3rd Possession by junkyard of motor
22 vehicle with identification
23 number plate removed.
24 319.33(1)(a) 3rd Alter or forge any certificate of
25 title to a motor vehicle or
26 mobile home.
27 319.33(1)(c) 3rd Procure or pass title on stolen
28 vehicle.
29
30
31
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1 319.33(4) 3rd With intent to defraud, possess,
2 sell, etc., a blank, forged, or
3 unlawfully obtained title or
4 registration.
5 327.35(2)(b) 3rd Felony BUI.
6 328.05(2) 3rd Possess, sell, or counterfeit
7 fictitious, stolen, or fraudulent
8 titles or bills of sale of
9 vessels.
10 328.07(4) 3rd Manufacture, exchange, or possess
11 vessel with counterfeit or wrong
12 ID number.
13 376.302(5) 3rd Fraud related to reimbursement
14 for cleanup expenses under the
15 Inland Protection Trust Fund.
16 501.001(2)(b) 2nd Tampers with a consumer product
17 or the container using materially
18 false/misleading information.
19 697.08 3rd Equity skimming.
20 790.15(3) 3rd Person directs another to
21 discharge firearm from a vehicle.
22 796.05(1) 3rd Live on earnings of a prostitute.
23 806.10(1) 3rd Maliciously injure, destroy, or
24 interfere with vehicles or
25 equipment used in firefighting.
26 806.10(2) 3rd Interferes with or assaults
27 firefighter in performance of
28 duty.
29 810.09(2)(c) 3rd Trespass on property other than
30 structure or conveyance armed
31 with firearm or dangerous weapon.
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1 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
2 less than $10,000.
3 815.04(4)(b) 2nd Computer offense devised to
4 defraud or obtain property.
5 817.034(4)(a)3. 3rd Engages in scheme to defraud
6 (Florida Communications Fraud
7 Act), property valued at less
8 than $20,000.
9 817.233 3rd Burning to defraud insurer.
10 817.234(8)&(9) 3rd Unlawful solicitation of persons
11 involved in motor vehicle
12 accidents.
13 817.234(11)(a) 3rd Insurance fraud; property value
14 less than $20,000.
15 817.505(4) 3rd Patient brokering.
16 828.12(2) 3rd Tortures any animal with intent
17 to inflict intense pain, serious
18 physical injury, or death.
19 831.28(2)(a) 3rd Counterfeiting a payment
20 instrument with intent to defraud
21 or possessing a counterfeit
22 payment instrument.
23 831.29 2nd Possession of instruments for
24 counterfeiting drivers' licenses
25 or identification cards.
26 838.021(3)(b) 3rd Threatens unlawful harm to public
27 servant.
28 843.19 3rd Injure, disable, or kill police
29 dog or horse.
30 870.01(2) 3rd Riot; inciting or encouraging.
31
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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.
31
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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.
36
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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.
31
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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
31
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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.
39
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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:
31
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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. The sum of $216,062 is appropriated for
16 fiscal year 2002-2003 from recurring general revenue to the
17 Department of Corrections to be used for the purpose of
18 implementing this act.
19 Section 14. This act shall take effect July 1, 2002.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 CS/CS/SB 1024
23
24 Clarifies language relating to the requirements for ignition
interlock devices and the misdemeanor for refusal to take a
25 breath, urine, or blood test.
26 Removes the authority to participate in drug court when
charged with a misdemeanor for refusal to take a breath, urine
27 or blood test.
28 Expands application of the bill's interlock device requirement
by requiring the court to order placement of an interlock
29 device in an offender's vehicle for at least one year for a
first DUI conviction when the offender's blood alcohol level
30 was 2.0 or higher.
31 Finally, the amendment makes Felony DUI for a third conviction
and felony BUI a level 3 on the offense-severity ranking chart
41
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