House Bill 397 (2005) - The Florida Senate

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HB 397: Driving or Boating Under Influence

GENERAL BILL by Planas ; (CO-INTRODUCERS) Porth

Driving or Boating Under Influence; revises level of alcohol content in blood or breath at which certain penalties shall apply for offense of driving under influence & for offense of boating under influence; revises level of alcohol content in blood or breath at which prohibition against accepting plea to lesser offense shall apply; reenacts provisions to incorporate amendments in references thereto. Amends 316.193,.656, 327.35; reenacts FS.

Effective Date: 07/01/2005
Last Action: 5/6/2005 House - Died in Council on Justice Council
Bill Text: Web Page | PDF

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Bill History

Date	Chamber	Action
1/20/2005	House	• Filed
2/7/2005	House	• Referred to Criminal Justice (JC); Transportation (SIC); Justice Appropriations (FC); Justice Council
3/8/2005	House	• Introduced, referred to Criminal Justice (JC); Transportation (SIC); Justice Appropriations (FC); Justice Council -HJ 00041
3/28/2005	House	• On Committee agenda-- Criminal Justice (JC), 03/30/05, 9:15 am, 404-H
3/30/2005	House	• Favorable by Criminal Justice (JC); YEAS 7 NAYS 0 -HJ 00301; Now in Transportation (SIC) -HJ 00301
4/1/2005	House	• On Committee agenda-- Transportation (SIC), 04/05/05, 1:45 pm, 404-H
4/5/2005	House	• Favorable by Transportation (SIC); YEAS 14 NAYS 0 -HJ 00457; Now in Justice Appropriations (FC) -HJ 00457
4/14/2005	House	• Withdrawn from Justice Appropriations (FC) -HJ 00512; Now in Justice Council
5/6/2005	House	• Died in Council on Justice Council

Bill Number	Subject	Filed By	Relationship	Last Action and Location
S 1642	Driving or Boating Under Influence	Smith	Similar	Last Action: 5/6/2005 S Died in Committee on Justice Appropriations

Version	Posted	Format
H 397 Filed	1/20/2005 11:23 AM	Web Page \| PDF

Bill Analyses

Type	Analysis	Author	Format
Bill Analysis	H 397	Criminal Justice Committee (Post-Meeting)	PDF
Bill Analysis	H 397	Criminal Justice Committee (Post-Meeting)	PDF
Bill Analysis	H 397	Transportation Committee (Post-Meeting)	PDF
Bill Analysis	H 397	Transportation Committee (Post-Meeting)	PDF

Citations - Statutes (52)

Citation	Catchline	Location in Bill Location In Bill Help
142.01	Fine and forfeiture fund; clerk of the circuit court.
316.066	Written reports of crashes.
316.072	Obedience to and effect of traffic laws.
316.193	Driving under the influence; penalties.
316.1932	Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
316.1933	Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
316.1934	Presumption of impairment; testing methods.
316.1937	Ignition interlock devices, requiring; unlawful acts.
316.1939	Refusal to submit to testing; penalties.
316.656	Mandatory adjudication; prohibition against accepting plea to lesser included offense.
318.143	Sanctions for infractions by minors.
318.17	Offenses excepted.
322.03	Drivers must be licensed; penalties.
322.0602	Youthful Drunk Driver Visitation Program.
322.21	License fees; procedure for handling and collecting fees.
322.25	When court to forward license to department and report convictions; temporary reinstatement of driving privileges.
322.26	Mandatory revocation of license by department.
322.2615	Suspension of license; right to review.
322.2616	Suspension of license; persons under 21 years of age; right to review.
322.264	"Habitual traffic offender" defined.
322.271	Authority to modify revocation, cancellation, or suspension order.
322.28	Period of suspension or revocation.
322.282	Procedure when court revokes or suspends license or driving privilege and orders reinstatement.
322.291	Driver improvement schools or DUI programs; required in certain suspension and revocation cases.
322.34	Driving while license suspended, revoked, canceled, or disqualified.
322.44	Driver License Compact.
322.62	Driving under the influence; commercial motor vehicle operators.
322.63	Alcohol or drug testing; commercial motor vehicle operators.
322.64	Holder of commercial driver's license; driving with unlawful blood-alcohol level; refusal to submit to breath, urine, or blood test.
323.001	Wrecker operator storage facilities; vehicle holds.
327.35	Boating under the influence; penalties; "designated drivers".
327.352	Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
327.35215	Penalty for failure to submit to test.
327.353	Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
327.354	Presumption of impairment; testing methods.
327.355	Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages.
327.359	Refusal to submit to testing; penalties.
327.36	Mandatory adjudication; prohibition against accepting plea to lesser included offense.
397.405	Exemptions from licensure.
440.02	Definitions.
440.09	Coverage.
493.6106	License requirements; posting.
627.758	Surety on auto club traffic arrest bond; conditions, limit; bail bond.
790.06	License to carry concealed weapon or firearm.
903.36	Guaranteed arrest bond certificates as cash bail.
907.041	Pretrial detention and release.
938.07	Driving or boating under the influence.
938.21	Alcohol and drug abuse programs.
938.23	Assistance grants for alcohol and other drug abuse programs.
943.05	Criminal Justice Information Program; duties; crime reports.
948.036	Work programs as a condition of probation, community control, or other court-ordered community supervision.
960.03	Definitions; ss. 960.01-960.28.

Citations - Constitution (0)

No Constitutional citations.

Citations - Chapter Law (0)

No Chapter Law citations.

The Florida Senate

HB 397: Driving or Boating Under Influence

Bill History

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Vote History - Floor

Citations - Statutes (52)

Citations - Constitution (0)

Citations - Chapter Law (0)