House Bill hb0837
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Florida House of Representatives - 2002 HB 837
By Representative Betancourt
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; increasing the
4 penalty for a third conviction of driving under
5 the influence to a third degree felony;
6 amending s. 921.0022, F.S.; conforming a cross
7 reference; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (2) and (4) of section 316.193,
12 Florida Statutes, are amended to read:
13 316.193 Driving under the influence; penalties.--
14 (2)(a) Except as provided in paragraph (b), subsection
15 (3), or subsection (4), any person who is convicted of a
16 violation of subsection (1) shall be punished:
17 1. By a fine of:
18 a. Not less than $250 or more than $500 for a first
19 conviction.
20 b. Not less than $500 or more than $1,000 for a second
21 conviction; and.
22 c. Not less than $1,000 or more than $2,500 for a
23 third conviction; and
24 2. By imprisonment for:
25 a. Not more than 6 months for a first conviction.
26 b. Not more than 9 months for a second conviction.
27 c. Not more than 12 months for a third conviction.
28 (b) Any person who is convicted of a third fourth or
29 subsequent violation of this section within 10 years after the
30 first of three or more convictions for a violation of this
31 section is guilty of a felony of the third degree, punishable
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Florida House of Representatives - 2002 HB 837
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1 as provided in s. 775.082, s. 775.083, or s. 775.084; however,
2 the fine imposed for such third fourth or subsequent violation
3 may be not less than $1,000.
4 (4) Any person who is convicted of a violation of
5 subsection (1) and who has a blood-alcohol level or
6 breath-alcohol level of 0.20 or higher, or any person who is
7 convicted of a violation of subsection (1) and who at the time
8 of the offense was accompanied in the vehicle by a person
9 under the age of 18 years, shall be punished:
10 (a) By a fine of:
11 1. Not less than $500 or more than $1,000 for a first
12 conviction.
13 2. Not less than $1,000 or more than $2,000 for a
14 second conviction.
15 3. Not less than $2,000 or more than $5,000 for a
16 third or subsequent conviction.
17 (b) By imprisonment for:
18 1. Not more than 9 months for a first conviction.
19 2. Not more than 12 months for a second conviction.
20 3. Not more than 12 months for a third conviction.
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22 For the purposes of this subsection, any conviction for a
23 violation of s. 327.35, only the instant offense is required
24 to be a violation of subsection (1) by a person who has a
25 blood-alcohol level or breath-alcohol level of 0.20 or higher.
26 Section 2. Paragraph (f) of subsection (3) of section
27 921.0022, Florida Statutes, is amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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Florida House of Representatives - 2002 HB 837
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1 Florida Felony
2 Statute Degree Description
3
4 (f) LEVEL 6
5 316.027(1)(b) 2nd Accident involving death, failure
6 to stop; leaving scene.
7 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
8 conviction.
9 775.0875(1) 3rd Taking firearm from law
10 enforcement officer.
11 775.21(10) 3rd Sexual predators; failure to
12 register; failure to renew
13 driver's license or
14 identification card.
15 784.021(1)(a) 3rd Aggravated assault; deadly weapon
16 without intent to kill.
17 784.021(1)(b) 3rd Aggravated assault; intent to
18 commit felony.
19 784.041 3rd Felony battery.
20 784.048(3) 3rd Aggravated stalking; credible
21 threat.
22 784.048(5) 3rd Aggravated stalking of person
23 under 16.
24 784.07(2)(c) 2nd Aggravated assault on law
25 enforcement officer.
26 784.074(1)(b) 2nd Aggravated assault on sexually
27 violent predators facility staff.
28 784.08(2)(b) 2nd Aggravated assault on a person 65
29 years of age or older.
30 784.081(2) 2nd Aggravated assault on specified
31 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive
16 or act of arson or violence to
17 state property.
18 790.19 2nd Shooting or throwing deadly
19 missiles into dwellings, vessels,
20 or vehicles.
21 794.011(8)(a) 3rd Solicitation of minor to
22 participate in sexual activity by
23 custodial adult.
24 794.05(1) 2nd Unlawful sexual activity with
25 specified minor.
26 800.04(5)(d) 3rd Lewd or lascivious molestation;
27 victim 12 years of age or older
28 but less than 16 years; offender
29 less than 18 years.
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1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
10 but less than $100,000, grand
11 theft in 2nd degree.
12 812.014(2)(b)2. 2nd Property stolen cargo valued at
13 less than $50,000, grand theft in
14 2nd degree.
15 812.015(9) 2nd Retail theft; property stolen
16 $300 or more; second or
17 subsequent conviction.
18 812.13(2)(c) 2nd Robbery, no firearm or other
19 weapon (strong-arm robbery).
20 817.034(4)(a)1. 1st Communications fraud, value
21 greater than $50,000.
22 817.4821(5) 2nd Possess cloning paraphernalia
23 with intent to create cloned
24 cellular telephones.
25 825.102(1) 3rd Abuse of an elderly person or
26 disabled adult.
27 825.102(3)(c) 3rd Neglect of an elderly person or
28 disabled adult.
29 825.1025(3) 3rd Lewd or lascivious molestation of
30 an elderly person or disabled
31 adult.
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1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 843.12 3rd Aids or assists person to escape.
13 847.0135(3) 3rd Solicitation of a child, via a
14 computer service, to commit an
15 unlawful sex act.
16 914.23 2nd Retaliation against a witness,
17 victim, or informant, with bodily
18 injury.
19 943.0435(9) 3rd Sex offenders; failure to comply
20 with reporting requirements.
21 944.35(3)(a)2. 3rd Committing malicious battery upon
22 or inflicting cruel or inhuman
23 treatment on an inmate or
24 offender on community
25 supervision, resulting in great
26 bodily harm.
27 944.40 2nd Escapes.
28 944.46 3rd Harboring, concealing, aiding
29 escaped prisoners.
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Florida House of Representatives - 2002 HB 837
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1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 Section 3. This act shall take effect October 1, 2002.
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10 HOUSE SUMMARY
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Increases the penalty for a third conviction of driving
12 under the influence to a third degree felony.
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