House Bill 3257e1
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CS/HB 3257, First Engrossed
1 A bill to be entitled
2 An act relating to liabilities for driving
3 offenses; amending s. 316.193, F.S., relating
4 to the offense of driving under the influence
5 and penalties; providing third degree felony
6 penalties for a third or subsequent conviction
7 for driving under the influence; conforming
8 provisions with respect to fine amounts and
9 prison terms; removing surplusage to improve
10 clarity and facilitate correct interpretation;
11 reenacting s. 318.143(1), (4), and (5), F.S.,
12 relating to sanctions for infractions by
13 minors, s. 318.17(3) and (8), F.S., relating to
14 excepted offenses, s. 322.03(2), F.S., relating
15 to driver's license requirement and penalties
16 for violation of requirement, s.
17 322.0602(2)(a), F.S., relating to Youthful
18 Drunk Driver Visitation Program, s. 322.12(2),
19 F.S., relating to examination of driver's
20 license applicants, s. 322.25(5), F.S.,
21 relating to forwarding of surrendered licenses
22 and reporting of certain convictions, s.
23 322.2615(1), (2), (7), (8)(b), (10)(b), and
24 (14), F.S., relating to suspension of license
25 and right to review, s. 322.2616(1)(a), (15),
26 and (18), F.S., relating to suspension of
27 license of person under 21 years of age and
28 right to review, s. 322.264(1)(b), F.S.,
29 relating to definition of "habitual traffic
30 offender," s. 322.271(2)(a) and (c) and (4),
31 F.S., relating to authority to modify
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1 revocation, cancellation, or suspension order,
2 s. 322.282(2)(a), F.S., relating to procedure
3 when court revokes or suspends license or
4 driving privilege and orders reinstatement, s.
5 322.291, F.S., relating to driver improvement
6 school course requirements for certain
7 violators, s. 322.44, F.S., relating to Driver
8 License Compact, s. 322.62(3), F.S., relating
9 to driving-under-the-influence violations by
10 commercial motor vehicle operators, s.
11 322.63(2)(d) and (6), F.S., relating to alcohol
12 or drug testing of commercial motor vehicle
13 operators, s. 322.64(1), (2), (7)(a), (8)(b),
14 (14), and (15), F.S., relating to driving with
15 unlawful blood-alcohol level and refusal to
16 submit to breath, urine, or blood test by
17 holder of commercial driver's license, s.
18 327.35(6), F.S., relating to
19 boating-under-the-influence offenses and
20 penalties, s. 397.405(10), F.S., relating to
21 certain licensure exemptions, s. 440.09(7)(b),
22 F.S., relating to worker's compensation
23 coverage, s. 493.6101(1)(d), F.S., relating to
24 certain license requirements, s. 627.758(4),
25 F.S., relating to conditions and limit for
26 surety on auto club traffic arrest bond and
27 bail bond; s. 790.06(2)(f) and (10)(f), F.S.,
28 relating to license to carry concealed weapon
29 or firearm, s. 903.36(2), F.S., relating to
30 guaranteed arrest bond certificates as cash
31 bail, s. 921.0022(3), (g), (h), and (i), F.S.,
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CS/HB 3257, First Engrossed
1 relating to the Criminal Punishment Code
2 offense severity ranking chart, s. 938.07,
3 F.S., relating to court costs for the offense
4 of driving under the influence, s. 938.21,
5 F.S., relating to alcohol and drug abuse
6 programs, s. 938.23(1), F.S., relating to
7 assistance grants for alcohol and other drug
8 abuse programs, and s. 960.03(3)(b), F.S.,
9 relating to certain definitions with respect to
10 crimes compensation, to incorporate said
11 amendment in references; amending s. 921.0022,
12 F.S.; conforming provisions in the Criminal
13 Punishment Code offense severity ranking chart;
14 amending s. 318.1451, F.S.; revising language
15 with respect to driver improvement schools;
16 providing for the distribution of certain
17 pamphlets; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsections (2) and (4) of section 316.193,
22 Florida Statutes, are amended to read:
23 316.193 Driving under the influence; penalties.--
24 (1) A person is guilty of the offense of driving under
25 the influence and is subject to punishment as provided in
26 subsection (2) if the person is driving or in actual physical
27 control of a vehicle within this state and:
28 (a) The person is under the influence of alcoholic
29 beverages, any chemical substance set forth in s. 877.111, or
30 any substance controlled under chapter 893, when affected to
31 the extent that the person's normal faculties are impaired;
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CS/HB 3257, First Engrossed
1 (b) The person has a blood-alcohol level of 0.08 or
2 more grams of alcohol per 100 milliliters of blood; or
3 (c) The person has a breath-alcohol level of 0.08 or
4 more grams of alcohol per 210 liters of breath.
5 (2)(a) Except as provided in paragraph (b), subsection
6 (3), or subsection (4), any person who is convicted of a
7 violation of subsection (1) shall be punished:
8 1. By a fine of:
9 a. Not less than $250 or more than $500 for a first
10 conviction; or.
11 b. Not less than $500 or more than $1,000 for a second
12 conviction; and.
13 c. Not less than $1,000 or more than $2,500 for a
14 third conviction; and
15 2. By imprisonment for:
16 a. Not more than 6 months for a first conviction.
17 b. Not more than 9 months for a second conviction.
18 c. Not more than 12 months for a third conviction.
19 (b) Any person who is convicted of a third fourth or
20 subsequent violation of this section is guilty of a felony of
21 the third degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084; however, the fine imposed for such
23 third fourth or subsequent violation may be not less than
24 $1,000.
25 (3) Any person:
26 (a) Who is in violation of subsection (1);
27 (b) Who operates a vehicle; and
28 (c) Who, by reason of such operation, causes:
29 1. Damage to the property or person of another commits
30 a misdemeanor of the first degree, punishable as provided in
31 s. 775.082 or s. 775.083.
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CS/HB 3257, First Engrossed
1 2. Serious bodily injury to another, as defined in s.
2 316.1933, commits a felony of the third degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 3. The death of any human being commits DUI
5 manslaughter, and commits:
6 a. A felony of the second degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 b. A felony of the first degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084, if:
10 (I) At the time of the accident, the person knew, or
11 should have known, that the accident occurred; and
12 (II) The person failed to give information and render
13 aid as required by s. 316.062.
14 (4) Any person who is convicted of a violation of
15 subsection (1) and who has a blood-alcohol level or
16 breath-alcohol level of 0.20 or higher, or any person who is
17 convicted of a violation of subsection (1) and who at the time
18 of the offense was accompanied in the vehicle by a person
19 under the age of 18 years, shall be punished:
20 (a) By a fine of:
21 1. Not less than $500 or more than $1,000 for a first
22 conviction.
23 2. Not less than $1,000 or more than $2,000 for a
24 second conviction.
25 3. Not less than $2,000 or more than $5,000 for a
26 third conviction.
27 (b) By imprisonment for:
28 1. Not more than 9 months for a first conviction.
29 2. Not more than 12 months for a second conviction.
30 3. Not more than 12 months for a third conviction.
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CS/HB 3257, First Engrossed
1 For the purposes of this subsection, any conviction for a
2 violation of s. 327.35, only the instant offense is required
3 to be a violation of subsection (1) by a person who has a
4 blood-alcohol level or breath-alcohol level of 0.20 or higher.
5 (5) The court shall place any offender convicted of
6 violating this section on monthly reporting probation and
7 shall require attendance at a substance abuse course licensed
8 by the department; and the agency conducting the course may
9 refer the offender to an authorized service provider for
10 substance abuse evaluation and treatment, in addition to any
11 sentence or fine imposed under this section. The offender
12 shall assume reasonable costs for such education, evaluation,
13 and treatment, with completion of all such education,
14 evaluation, and treatment being a condition of reporting
15 probation. Treatment resulting from a psychosocial evaluation
16 may not be waived without a supporting psychosocial evaluation
17 conducted by an agency appointed by the court and with access
18 to the original evaluation. The offender shall bear the cost
19 of this procedure. The term "substance abuse" means the abuse
20 of alcohol or any substance named or described in Schedules I
21 through V of s. 893.03. If an offender referred to treatment
22 under this subsection fails to report for or complete such
23 treatment or fails to complete the substance abuse education
24 course, the DUI program shall notify the court and the
25 department of the failure. Upon receipt of the notice, the
26 department shall cancel the offender's driving privilege. The
27 department shall reinstate the driving privilege when the
28 offender completes the substance abuse education course or
29 enters treatment required under this subsection. The
30 organization that conducts the substance abuse education and
31 evaluation may not provide required substance abuse treatment
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1 unless a waiver has been granted to that organization by the
2 department. A waiver may be granted only if the department
3 determines, in accordance with its rules, that the service
4 provider that conducts the substance abuse education and
5 evaluation is the most appropriate service provider and is
6 licensed under chapter 397 or is exempt from such licensure.
7 All DUI treatment programs providing treatment services on
8 January 1, 1994, shall be allowed to continue to provide such
9 services until the department determines whether a waiver
10 should be granted. A statistical referral report shall be
11 submitted quarterly to the department by each organization
12 authorized to provide services under this section.
13 (6) With respect to any person convicted of a
14 violation of subsection (1), regardless of any penalty imposed
15 pursuant to subsection (2), subsection (3), or subsection (4):
16 (a) For the first conviction, the court shall place
17 the defendant on probation for a period not to exceed 1 year
18 and, as a condition of such probation, shall order the
19 defendant to participate in public service or a community work
20 project for a minimum of 50 hours; or the court may order
21 instead, that any defendant pay an additional fine of $10 for
22 each hour of public service or community work otherwise
23 required, if, after consideration of the residence or location
24 of the defendant at the time public service or community work
25 is required, payment of the fine is in the best interests of
26 the state. However, the total period of probation and
27 incarceration may not exceed 1 year.
28 (b) For the second conviction for an offense that
29 occurs within a period of 5 years after the date of a prior
30 conviction for violation of this section, the court shall
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1 order imprisonment for not less than 10 days. At least 48
2 hours of confinement must be consecutive.
3 (c) For the third or subsequent conviction for an
4 offense that occurs within a period of 10 years after the date
5 of a prior conviction for violation of this section, the court
6 shall order imprisonment for not less than 30 days. At least
7 48 hours of confinement must be consecutive.
8 (d) In addition to the penalty imposed under paragraph
9 (a), paragraph (b), or paragraph (c), the court shall also
10 order the impoundment or immobilization of the vehicle that
11 was driven by, or in the actual physical control of, the
12 offender, unless the court finds that the family of the owner
13 of the vehicle has no other public or private means of
14 transportation. The period of impoundment or immobilization is
15 10 days, or, for the second conviction within 3 years, 30
16 days, or, for the third conviction within 5 years, 90 days and
17 may not be concurrent with probation or imprisonment. If the
18 vehicle is leased or rented, the period of impoundment or
19 immobilization may not extend beyond the expiration of the
20 lease or rental agreement. Within 7 business days after the
21 date that the court issues the order of impoundment or
22 immobilization, the clerk of the court shall send notice by
23 certified mail, return receipt requested, to the registered
24 owner of the vehicle if the registered owner is a person other
25 than the offender and to each person of record claiming a lien
26 against the vehicle. All costs and fees for the impoundment or
27 immobilization, including the cost of notification, must be
28 paid by the owner of the vehicle or, if the vehicle is leased
29 or rented, by the person leasing or renting the vehicle. The
30 person who owns a vehicle that is impounded or immobilized
31 under this paragraph, or a person who has a lien of record
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CS/HB 3257, First Engrossed
1 against such a vehicle, may, within 10 days after the date
2 that person has knowledge of the location of the vehicle, file
3 a complaint in the county in which the owner resides to
4 determine whether the vehicle was wrongfully taken or withheld
5 from the owner or lienholder. Upon the filing of a complaint,
6 the owner or lienholder may have the vehicle released by
7 posting with the court a bond or other adequate security equal
8 to the amount of the costs and fees for impoundment or
9 immobilization, including towing or storage, to ensure the
10 payment of such costs and fees if the owner or lienholder does
11 not prevail. When the bond is posted and the fee is paid as
12 set forth in s. 28.24, the clerk of the court shall issue a
13 certificate releasing the vehicle. At the time of release,
14 after reasonable inspection, the owner or lienholder must give
15 a receipt to the towing or storage company indicating any loss
16 or damage to the vehicle or to the contents of the vehicle.
17 (e) A defendant, in the court's discretion, may be
18 required to serve all or any portion of a term of imprisonment
19 to which the defendant has been sentenced pursuant to this
20 section in a residential alcoholism treatment program or a
21 residential drug abuse treatment program. Any time spent in
22 such a program must be credited by the court toward the term
23 of imprisonment.
24
25 For the purposes of this section, any conviction for a
26 violation of s. 327.35; a previous conviction for the
27 violation of former s. 316.1931, former s. 860.01, or former
28 s. 316.028; or a previous conviction outside this state for
29 driving under the influence, driving while intoxicated,
30 driving with an unlawful blood-alcohol level, driving with an
31 unlawful breath-alcohol level, or any other similar
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1 alcohol-related or drug-related traffic offense, is also
2 considered a previous conviction for violation of this
3 section. However, in satisfaction of the fine imposed pursuant
4 to this section, the court may, upon a finding that the
5 defendant is financially unable to pay either all or part of
6 the fine, order that the defendant participate for a specified
7 additional period of time in public service or a community
8 work project in lieu of payment of that portion of the fine
9 which the court determines the defendant is unable to pay. In
10 determining such additional sentence, the court shall consider
11 the amount of the unpaid portion of the fine and the
12 reasonable value of the services to be ordered; however, the
13 court may not compute the reasonable value of services at a
14 rate less than the federal minimum wage at the time of
15 sentencing.
16 (7) A conviction under this section does not bar any
17 civil suit for damages against the person so convicted.
18 (8) At the arraignment, or in conjunction with any
19 notice of arraignment provided by the clerk of the court, the
20 clerk shall provide any person charged with a violation of
21 this section with notice that upon conviction the court shall
22 suspend or revoke the offender's driver's license and that the
23 offender should make arrangements for transportation at any
24 proceeding in which the court may take such action. Failure
25 to provide such notice does not affect the court's suspension
26 or revocation of the offender's driver's license.
27 (9) A person who is arrested for a violation of this
28 section may not be released from custody:
29 (a) Until the person is no longer under the influence
30 of alcoholic beverages, any chemical substance set forth in s.
31 877.111, or any substance controlled under chapter 893 and
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1 affected to the extent that his or her normal faculties are
2 impaired;
3 (b) Until the person's blood-alcohol level or
4 breath-alcohol level is less than 0.05; or
5 (c) Until 8 hours have elapsed from the time the
6 person was arrested.
7 (10) The rulings of the Department of Highway Safety
8 and Motor Vehicles under s. 322.2615 shall not be considered
9 in any trial for a violation of this section. Testimony or
10 evidence from the administrative proceedings or any written
11 statement submitted by a person in his or her request for
12 administrative review is inadmissible into evidence or for any
13 other purpose in any criminal proceeding, unless timely
14 disclosed in criminal discovery pursuant to Rule 3.220,
15 Florida Rules of Criminal Procedure.
16 Section 2. For the purpose of incorporating the
17 amendment to section 316.193, Florida Statutes, in references
18 thereto, the following sections or subdivisions of Florida
19 Statutes are reenacted to read:
20 318.143 Sanctions for infractions by minors.--
21 (1) If the court finds that a minor has committed a
22 violation of any of the provisions of chapter 316, the court
23 may also impose one or more of the following sanctions:
24 (a) The court may reprimand or counsel the minor and
25 his or her parents or guardian.
26 (b) The court may require the minor to attend, for a
27 reasonable period, a traffic school conducted by a public
28 authority.
29 (c) The court may order the minor to remit to the
30 general fund of the local governmental body a sum not
31
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1 exceeding the maximum fine applicable to an adult for a like
2 offense.
3 (d) The court may order the minor to participate in
4 public service or a community work project for a minimum
5 number of hours. A minor who participates in such a work
6 program is considered an employee of the state for the
7 purposes of chapter 440.
8 (e) The court may impose a curfew or other restriction
9 on the liberty of the minor for a period not to exceed 6
10 months.
11 (4) For the first conviction for a violation of s.
12 316.193, the court may order the Department of Highway Safety
13 and Motor Vehicles to revoke the minor's driver's license
14 until the minor is 18 years of age. For a second or subsequent
15 conviction for such a violation, the court may order the
16 Department of Highway Safety and Motor Vehicles to revoke the
17 minor's driver's license until the minor is 21 years of age.
18 (5) A minor who is arrested for a violation of s.
19 316.193 may be released from custody as soon as:
20 (a) The minor is no longer under the influence of
21 alcoholic beverages, of any chemical substance set forth in s.
22 877.111, or of any substance controlled under chapter 893, and
23 is not affected to the extent that his or her normal faculties
24 are impaired;
25 (b) The minor's blood-alcohol level is less than 0.05
26 percent; or
27 (c) Six hours have elapsed after the minor's arrest.
28 318.17 Offenses excepted.--No provision of this
29 chapter is available to a person who is charged with any of
30 the following offenses:
31
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1 (3) Driving, or being in actual physical control of,
2 any vehicle while under the influence of alcoholic beverages,
3 any chemical substance set forth in s. 877.111, or any
4 substance controlled under chapter 893, in violation of s.
5 316.193, or driving with an unlawful blood-alcohol level;
6 (8) Any other offense in chapter 316 which is
7 classified as a criminal violation.
8 322.03 Drivers must be licensed; penalties.--
9 (2) Prior to issuing a driver's license, the
10 department shall require any person who has been convicted two
11 or more times of a violation of s. 316.193 or of a
12 substantially similar alcohol-related or drug-related offense
13 outside this state within the preceding 5 years, or who has
14 been convicted of three or more such offenses within the
15 preceding 10 years, to present proof of successful completion
16 of or enrollment in a department-approved substance abuse
17 education course. If the person fails to complete such
18 education course within 90 days after issuance, the department
19 shall cancel the license. Further, prior to issuing the
20 driver's license the department shall require such person to
21 present proof of financial responsibility as provided in s.
22 324.031. For the purposes of this paragraph, a previous
23 conviction for violation of former s. 316.028, former s.
24 316.1931, or former s. 860.01 shall be considered a previous
25 conviction for violation of s. 316.193.
26 322.0602 Youthful Drunk Driver Visitation Program.--
27 (2) COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE
28 FOR PARTICIPATION.--
29 (a) If a person is convicted of a violation of s.
30 316.193, the court may order, as a term and condition of
31 probation in addition to any other term or condition required
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1 or authorized by law, that the probationer participate in the
2 Youthful Drunk Driver Visitation Program.
3 322.12 Examination of applicants.--
4 (2) The department shall examine every applicant for a
5 driver's license, including an applicant who is licensed in
6 another state or country, except as otherwise provided in this
7 chapter. A person who holds a learner's driver's license as
8 provided for in s. 322.161 is not required to pay a fee for
9 successfully completing the examination showing his or her
10 ability to operate a motor vehicle as provided for herein and
11 need not pay the fee for a replacement license as provided in
12 s. 322.17(2). Any person who applies for reinstatement
13 following the suspension or revocation of his or her driver's
14 license shall pay a service fee of $25 following a suspension,
15 and $50 following a revocation, which is in addition to the
16 fee for a license. Any person who applies for reinstatement of
17 a commercial driver's license following the disqualification
18 of his or her privilege to operate a commercial motor vehicle
19 shall pay a service fee of $50, which is in addition to the
20 fee for a license. The department shall collect all of these
21 fees at the time of reinstatement. The department shall issue
22 proper receipts for such fees and shall promptly transmit all
23 funds received by it as follows:
24 (a) Of the $25 fee received from a licensee for
25 reinstatement following a suspension, the department shall
26 deposit $15 in the General Revenue Fund and the remaining $10
27 in the Highway Safety Operating Trust Fund.
28 (b) Of the $50 fee received from a licensee for
29 reinstatement following a revocation or disqualification, the
30 department shall deposit $35 in the General Revenue Fund and
31 the remaining $15 in the Highway Safety Operating Trust Fund.
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1
2 If the revocation or suspension of the driver's license was
3 for a violation of s. 316.193, or for refusal to submit to a
4 lawful breath, blood, or urine test, an additional fee of $105
5 must be charged. However, only one such $105 fee is to be
6 collected from one person convicted of such violations arising
7 out of the same incident. The department shall collect the
8 $105 fee and deposit it into the Highway Safety Operating
9 Trust Fund at the time of reinstatement of the person's
10 driver's license, but the fee must not be collected if the
11 suspension or revocation was overturned.
12 322.25 When court to forward license to department and
13 report convictions; temporary reinstatement of driving
14 privileges.--
15 (5) For the purpose of this chapter, the entrance of a
16 plea of nolo contendere by the defendant to a charge of
17 driving while intoxicated, driving under the influence,
18 driving with an unlawful blood-alcohol level, or any other
19 alcohol-related or drug-related traffic offense similar to the
20 offenses specified in s. 316.193, accepted by the court and
21 under which plea the court has entered a fine or sentence,
22 whether in this state or any other state or country, shall be
23 equivalent to a conviction.
24 322.2615 Suspension of license; right to review.--
25 (1)(a) A law enforcement officer or correctional
26 officer shall, on behalf of the department, suspend the
27 driving privilege of a person who has been arrested by a law
28 enforcement officer for a violation of s. 316.193, relating to
29 unlawful blood-alcohol level or breath-alcohol level, or of a
30 person who has refused to submit to a breath, urine, or blood
31 test authorized by s. 316.1932. The officer shall take the
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1 person's driver's license and issue the person a 30-day
2 temporary permit if the person is otherwise eligible for the
3 driving privilege and shall issue the person a notice of
4 suspension. If a blood test has been administered, the results
5 of which are not available to the officer at the time of the
6 arrest, the agency employing the officer shall transmit such
7 results to the department within 5 days after receipt of the
8 results. If the department then determines that the person
9 was arrested for a violation of s. 316.193 and that the person
10 had a blood-alcohol level or breath-alcohol level of 0.08 or
11 higher, the department shall suspend the person's driver's
12 license pursuant to subsection (3).
13 (b) The suspension under paragraph (a) shall be
14 pursuant to, and the notice of suspension shall inform the
15 driver of, the following:
16 1.a. The driver refused to submit to a lawful breath,
17 blood, or urine test and his or her driving privilege is
18 suspended for a period of 1 year for a first refusal or for a
19 period of 18 months if his or her driving privilege has been
20 previously suspended as a result of a refusal to submit to
21 such a test; or
22 b. The driver violated s. 316.193 by driving with an
23 unlawful blood-alcohol level as provided in that section and
24 his or her driving privilege is suspended for a period of 6
25 months for a first offense or for a period of 1 year if his or
26 her driving privilege has been previously suspended for a
27 violation of s. 316.193.
28 2. The suspension period shall commence on the date of
29 arrest or issuance of the notice of suspension, whichever is
30 later.
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1 3. The driver may request a formal or informal review
2 of the suspension by the department within 10 days after the
3 date of arrest or issuance of the notice of suspension,
4 whichever is later.
5 4. The temporary permit issued at the time of arrest
6 will expire at midnight of the 30th day following the date of
7 arrest or issuance of the notice of suspension, whichever is
8 later.
9 5. The driver may submit to the department any
10 materials relevant to the arrest.
11 (2) Except as provided in paragraph (1)(a), the law
12 enforcement officer shall forward to the department, within 5
13 days after the date of the arrest, a copy of the notice of
14 suspension, the driver's license of the person arrested, and a
15 report of the arrest, including an affidavit stating the
16 officer's grounds for belief that the person arrested was in
17 violation of s. 316.193; the results of any breath or blood
18 test or an affidavit stating that a breath, blood, or urine
19 test was requested by a law enforcement officer or
20 correctional officer and that the person arrested refused to
21 submit; a copy of the citation issued to the person arrested;
22 and the officer's description of the person's field sobriety
23 test, if any. The failure of the officer to submit materials
24 within the 5-day period specified in this subsection and in
25 subsection (1) shall not affect the department's ability to
26 consider any evidence submitted at or prior to the hearing.
27 The officer may also submit a copy of a videotape of the field
28 sobriety test or the attempt to administer such test.
29 (7) In a formal review hearing under subsection (6) or
30 an informal review hearing under subsection (4), the hearing
31 officer shall determine by a preponderance of the evidence
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1 whether sufficient cause exists to sustain, amend, or
2 invalidate the suspension. The scope of the review shall be
3 limited to the following issues:
4 (a) If the license was suspended for driving with an
5 unlawful blood-alcohol level in violation of s. 316.193:
6 1. Whether the arresting law enforcement officer had
7 probable cause to believe that the person was driving or in
8 actual physical control of a motor vehicle in this state while
9 under the influence of alcoholic beverages or controlled
10 substances.
11 2. Whether the person was placed under lawful arrest
12 for a violation of s. 316.193.
13 3. Whether the person had an unlawful blood-alcohol
14 level as provided in s. 316.193.
15 (b) If the license was suspended for refusal to submit
16 to a breath, blood, or urine test:
17 1. Whether the arresting law enforcement officer had
18 probable cause to believe that the person was driving or in
19 actual physical control of a motor vehicle in this state while
20 under the influence of alcoholic beverages or controlled
21 substances.
22 2. Whether the person was placed under lawful arrest
23 for a violation of s. 316.193.
24 3. Whether the person refused to submit to any such
25 test after being requested to do so by a law enforcement
26 officer or correctional officer.
27 4. Whether the person was told that if he or she
28 refused to submit to such test his or her privilege to operate
29 a motor vehicle would be suspended for a period of 1 year or,
30 in the case of a second or subsequent refusal, for a period of
31 18 months.
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CS/HB 3257, First Engrossed
1 (8) Based on the determination of the hearing officer
2 pursuant to subsection (7) for both informal hearings under
3 subsection (4) and formal hearings under subsection (6), the
4 department shall:
5 (b) Sustain the suspension of the person's driving
6 privilege for a period of 6 months for a violation of s.
7 316.193, or for a period of 1 year if the driving privilege of
8 such person has been previously suspended as a result of a
9 violation of s. 316.193. The suspension period commences on
10 the date of the arrest or issuance of the notice of
11 suspension, whichever is later.
12 (10) A person whose driver's license is suspended
13 under subsection (1) or subsection (3) may apply for issuance
14 of a license for business or employment purposes only if the
15 person is otherwise eligible for the driving privilege
16 pursuant to s. 322.271.
17 (b) If the suspension of the driver's license of the
18 person arrested for a violation of s. 316.193, relating to
19 unlawful blood-alcohol level, is sustained, the person is not
20 eligible to receive a license for business or employment
21 purposes only pursuant to s. 322.271 until 30 days have
22 elapsed after the expiration of the 30-day temporary permit
23 issued pursuant to this section or s. 322.64. If the driver
24 is not issued a 30-day permit pursuant to this section or s.
25 322.64 because he or she is ineligible for the permit and the
26 suspension for a violation of s. 316.193, relating to unlawful
27 blood-alcohol level, is not invalidated by the department, the
28 driver is not eligible to receive a business or employment
29 license pursuant to s. 322.271 until 30 days have elapsed from
30 the date of the arrest.
31
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CS/HB 3257, First Engrossed
1 (14) The decision of the department under this section
2 shall not be considered in any trial for a violation of s.
3 316.193, nor shall any written statement submitted by a person
4 in his or her request for departmental review under this
5 section be admissible into evidence against him or her in any
6 such trial. The disposition of any related criminal
7 proceedings shall not affect a suspension imposed pursuant to
8 this section.
9 322.2616 Suspension of license; persons under 21 years
10 of age; right to review.--
11 (1)(a) Notwithstanding s. 316.193, it is unlawful for
12 a person under the age of 21 who has a breath-alcohol level of
13 0.02 percent or higher to drive or be in actual physical
14 control of a motor vehicle.
15 (15) The decision of the department under this section
16 shall not be considered in any trial for a violation of s.
17 316.193, nor shall any written statement submitted by a person
18 in his or her request for departmental review under this
19 section be admissible into evidence against him or her in any
20 such trial. The disposition of any related criminal
21 proceedings shall not affect a suspension imposed under this
22 section.
23 (18) A violation of this section is neither a traffic
24 infraction nor a criminal offense, nor does being detained
25 pursuant to this section constitute an arrest. A violation of
26 this section is subject to the administrative action
27 provisions of this section, which are administered by the
28 department through its administrative processes.
29 Administrative actions taken pursuant to this section shall be
30 recorded in the motor vehicle records maintained by the
31 department. This section does not bar prosecution under s.
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1 316.193. However, if the department suspends a person's
2 license under s. 322.2615 for a violation of s. 316.193, it
3 may not also suspend the person's license under this section
4 for the same episode that was the basis for the suspension
5 under s. 322.2615.
6 322.264 "Habitual traffic offender" defined.--A
7 "habitual traffic offender" is any person whose record, as
8 maintained by the Department of Highway Safety and Motor
9 Vehicles, shows that such person has accumulated the specified
10 number of convictions for offenses described in subsection (1)
11 or subsection (2) within a 5-year period:
12 (1) Three or more convictions of any one or more of
13 the following offenses arising out of separate acts:
14 (b) Any violation of s. 316.193, former s. 316.1931,
15 or former s. 860.01;
16
17 Any violation of any federal law, any law of another state or
18 country, or any valid ordinance of a municipality or county of
19 another state similar to a statutory prohibition specified in
20 subsection (1) or subsection (2) shall be counted as a
21 violation of such prohibition. In computing the number of
22 convictions, all convictions during the 5 years previous to
23 July 1, 1972, will be used, provided at least one conviction
24 occurs after that date. The fact that previous convictions
25 may have resulted in suspension, revocation, or
26 disqualification under another section does not exempt them
27 from being used for suspension or revocation under this
28 section as a habitual offender.
29 322.271 Authority to modify revocation, cancellation,
30 or suspension order.--
31
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1 (2)(a) Upon such hearing, the person whose license has
2 been suspended, canceled, or revoked may show that such
3 suspension, cancellation, or revocation of his or her license
4 causes a serious hardship and precludes the person's carrying
5 out his or her normal business occupation, trade, or
6 employment and that the use of the person's license in the
7 normal course of his or her business is necessary to the
8 proper support of the person or his or her family. Except as
9 otherwise provided in this subsection, the department shall
10 require proof of the successful completion of an approved
11 driver training or substance abuse education course and may
12 require letters of recommendation from respected business
13 persons in the community, law enforcement officers, or
14 judicial officers in determining whether such person should be
15 permitted to operate a motor vehicle on a restricted basis for
16 business or employment use only and in determining whether
17 such person can be trusted to so operate a motor vehicle. If a
18 driver's license has been suspended under the point system or
19 pursuant to s. 322.2615, the department shall require proof of
20 enrollment in an approved driver training course or substance
21 abuse education course, and may require the letters of
22 recommendation described in this subsection to determine if
23 the driver should be reinstated on a restricted basis; if such
24 person fails to complete the approved course within 90 days
25 after reinstatement, the department shall cancel his or her
26 driver's license until the course is successfully completed.
27 The privilege of driving on a limited or restricted basis for
28 business or employment use shall not be granted to a person
29 who has been convicted of a violation of s. 316.193 until
30 completion of such education or training course. Except as
31 provided in paragraph (b), the privilege of driving on a
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CS/HB 3257, First Engrossed
1 limited or restricted basis for business or employment use
2 shall not be granted to a person whose license is revoked
3 pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and
4 who has been convicted of a violation of s. 316.193 two or
5 more times or whose license has been suspended two or more
6 times for refusal to submit to a test pursuant to s. 322.2615
7 or former s. 322.261.
8 (c) For the purpose of this section, a previous
9 conviction of driving under the influence, driving while
10 intoxicated, driving with an unlawful blood-alcohol level, or
11 any other similar alcohol-related or drug-related offense
12 outside this state or a previous conviction of former s.
13 316.1931, former s. 316.028, or former s. 860.01 shall be
14 considered a previous conviction for violation of s. 316.193.
15 (4) Notwithstanding the provisions of s. 322.28(2)(e),
16 a person whose driving privilege has been permanently revoked
17 because he or she has been convicted four times of violating
18 s. 316.193 or former s. 316.1931 or because he or she has been
19 convicted of DUI manslaughter in violation of s. 316.193 may,
20 upon the expiration of 5 years after the date of such
21 revocation or the expiration of 5 years after the termination
22 of any term of incarceration under s. 316.193 or former s.
23 316.1931, whichever date is later, petition the department for
24 reinstatement of his or her driving privilege.
25 (a) Within 30 days after the receipt of such a
26 petition, the department shall afford the petitioner an
27 opportunity for a hearing. At the hearing, the petitioner
28 must demonstrate to the department that he or she:
29 1. Has not been arrested for a drug-related offense
30 during the 5 years preceding the filing of the petition;
31
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CS/HB 3257, First Engrossed
1 2. Has not driven a motor vehicle without a license
2 for at least 5 years prior to the hearing;
3 3. Has been drug-free for at least 5 years prior to
4 the hearing; and
5 4. Has completed a DUI program licensed by the
6 department.
7 (b) At such hearing, the department shall determine
8 the petitioner's qualification, fitness, and need to drive.
9 Upon such determination, the department may, in its
10 discretion, reinstate the driver's license of the petitioner.
11 Such reinstatement must be made subject to the following
12 qualifications:
13 1. The license must be restricted for employment
14 purposes for not less than 1 year; and
15 2. Such person must be supervised by a DUI program
16 licensed by the department and report to the program for such
17 supervision and education at least four times a year or
18 additionally as required by the program for the remainder of
19 the revocation period. Such supervision shall include
20 evaluation, education, referral into treatment, and other
21 activities required by the department.
22 (c) Such person must assume the reasonable costs of
23 supervision. If such person fails to comply with the required
24 supervision, the program shall report the failure to the
25 department, and the department shall cancel such person's
26 driving privilege.
27 (d) If, after reinstatement, such person is convicted
28 of an offense for which mandatory revocation of his or her
29 license is required, the department shall revoke his or her
30 driving privilege.
31
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CS/HB 3257, First Engrossed
1 (e) The department shall adopt rules regulating the
2 providing of services by DUI programs pursuant to this
3 section.
4 322.282 Procedure when court revokes or suspends
5 license or driving privilege and orders reinstatement.--When a
6 court suspends or revokes a person's license or driving
7 privilege and, in its discretion, orders reinstatement as
8 provided by s. 322.28(2)(d) or former s. 322.261(5):
9 (2)(a) The court shall issue an order of
10 reinstatement, on a form to be furnished by the department,
11 which the person may take to any driver's license examining
12 office. The department shall issue a temporary driver's
13 permit to a licensee who presents the court's order of
14 reinstatement, proof of completion of a department-approved
15 driver training or substance abuse education course, and a
16 written request for a hearing under s. 322.271. The permit
17 shall not be issued if a record check by the department shows
18 that the person has previously been convicted for a violation
19 of s. 316.193, former s. 316.1931, former s. 316.028, former
20 s. 860.01, or a previous conviction outside this state for
21 driving under the influence, driving while intoxicated,
22 driving with an unlawful blood-alcohol level, or any similar
23 alcohol-related or drug-related traffic offense; that the
24 person's driving privilege has been previously suspended for
25 refusal to submit to a lawful test of breath, blood, or urine;
26 or that the person is otherwise not entitled to issuance of a
27 driver's license. This paragraph shall not be construed to
28 prevent the reinstatement of a license or driving privilege
29 that is presently suspended for driving with an unlawful
30 blood-alcohol level or a refusal to submit to a breath, urine,
31 or blood test and is also revoked for a conviction for a
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CS/HB 3257, First Engrossed
1 violation of s. 316.193 or former s. 316.1931, if the
2 suspension and revocation arise out of the same incident.
3 322.291 Driver improvement schools; required in
4 certain suspension and revocation cases.--Except as provided
5 in s. 322.03(2), any person:
6 (1) Whose driving privilege has been revoked:
7 (a) Upon conviction for:
8 1. Driving, or being in actual physical control of,
9 any vehicle while under the influence of alcoholic beverages,
10 any chemical substance set forth in s. 877.111, or any
11 substance controlled under chapter 893, in violation of s.
12 316.193;
13 2. Driving with an unlawful blood- or breath-alcohol
14 level;
15 3. Manslaughter resulting from the operation of a
16 motor vehicle;
17 4. Failure to stop and render aid as required under
18 the laws of this state in the event of a motor vehicle
19 accident resulting in the death or personal injury of another;
20 5. Reckless driving; or
21 (b) As an habitual offender;
22 (c) Upon direction of the court, if the court feels
23 that the seriousness of the offense and the circumstances
24 surrounding the conviction warrant the revocation of the
25 licensee's driving privilege; or
26 (2) Whose license was suspended under the point
27 system, was suspended for driving with an unlawful
28 blood-alcohol level of 0.10 percent or higher before January
29 1, 1994, was suspended for driving with an unlawful
30 blood-alcohol level of 0.08 percent or higher after December
31
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CS/HB 3257, First Engrossed
1 31, 1993, or was suspended for refusing to submit to a lawful
2 breath, blood, or urine test as provided in s. 322.2615
3
4 shall, before the driving privilege may be reinstated, present
5 to the department proof of enrollment in a department-approved
6 advanced driver improvement course or substance abuse
7 education course. If the person fails to complete such course
8 within 90 days after reinstatement, the driver's license shall
9 be canceled by the department until such course is
10 successfully completed.
11 322.44 Driver License Compact.--The Driver License
12 Compact is hereby enacted into law and entered into with all
13 other jurisdictions legally joining therein in the form
14 substantially as follows:
15
16 ARTICLE I
17
18 FINDINGS AND DECLARATION OF POLICY.--
19 (1) The party states find that:
20 (a) The safety of their streets and highways is
21 materially affected by the degree of compliance with state
22 laws and local ordinances relating to the operation of motor
23 vehicles;
24 (b) Violation of such a law or ordinance is evidence
25 that the violator engages in conduct which is likely to
26 endanger the safety of persons and property;
27 (c) The continuance in force of a license to drive is
28 predicated upon compliance with laws and ordinances relating
29 to the operation of motor vehicles, in whichever jurisdiction
30 the vehicle is operated.
31 (2) It is the policy of each of the party states to:
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CS/HB 3257, First Engrossed
1 (a) Promote compliance with the laws, ordinances, and
2 administrative rules and regulations relating to the operation
3 of motor vehicles by their operators in each of the
4 jurisdictions where such operators drive motor vehicles;
5 (b) Make the reciprocal recognition of licenses to
6 drive and eligibility therefor more just and equitable by
7 considering the overall compliance with motor vehicle laws,
8 ordinances, and administrative rules and regulations as a
9 condition precedent to the continuance or issuance of any
10 license by reason of which the licensee is authorized or
11 permitted to operate a motor vehicle in any of the party
12 states.
13
14 ARTICLE II
15
16 DEFINITIONS.--As used in this compact:
17 (1) "State" means a state, territory or possession of
18 the United States, the District of Columbia, or the
19 Commonwealth of Puerto Rico.
20 (2) "Home state" means the state which has issued and
21 has the power to suspend or revoke the use of the license or
22 permit to operate a motor vehicle.
23 (3) "Conviction" means a conviction of any offense
24 related to the use or operation of a motor vehicle which is
25 prohibited by state law, municipal ordinance, or
26 administrative rule or regulation, or a forfeiture of bail,
27 bond, or other security deposited to secure appearance by a
28 person charged with having committed any such offense, and
29 which conviction or forfeiture is required to be reported to
30 the licensing authority.
31
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CS/HB 3257, First Engrossed
1 ARTICLE III
2
3 REPORTS OF CONVICTION.--The licensing authority of a
4 party state shall report each conviction of a person from
5 another party state occurring within its jurisdiction to the
6 licensing authority of the home state of the licensee. Such
7 report shall clearly identify the person convicted; describe
8 the violation specifying the section of the statute, code, or
9 ordinance violated; identify the court in which action was
10 taken; indicate whether a plea of guilty or not guilty was
11 entered or the conviction was a result of the forfeiture of
12 bail, bond, or other security; and shall include any special
13 findings made in connection therewith.
14
15 ARTICLE IV
16
17 EFFECT OF CONVICTION.--
18 (1) The licensing authority in the home state, for the
19 purposes of suspension, revocation, or limitation of the
20 license to operate a motor vehicle, shall give the same effect
21 to the conduct reported, pursuant to article III, as it would
22 if such conduct had occurred in the home state, in the case of
23 convictions for:
24 (a) Manslaughter or negligent homicide resulting from
25 the operation of a motor vehicle, as provided by ss. 316.193
26 and 322.26;
27 (b) Driving a motor vehicle while under the influence
28 of alcoholic beverages or a narcotic drug, or under the
29 influence of any other drug to a degree which renders the
30 driver incapable of safely driving a motor vehicle, as
31 provided by s. 316.193;
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CS/HB 3257, First Engrossed
1 (c) Any felony in the commission of which a motor
2 vehicle is used, as provided by s. 322.26; or
3 (d) Failure to stop and render aid in the event of a
4 motor vehicle accident resulting in the death or personal
5 injury of another, as provided by s. 322.26.
6 (2) As to other convictions, reported pursuant to
7 article III, the licensing authority in the home state shall
8 give such effect to the conduct as is provided by the laws of
9 the home state.
10
11 ARTICLE V
12
13 APPLICATIONS FOR NEW LICENSES.--Upon application for a
14 license to drive, the licensing authority in a party state
15 shall ascertain whether the applicant has ever held, or is the
16 holder of, a license to drive issued by any other party state.
17 The licensing authority in the state where application is made
18 shall not issue a license to drive to the applicant if:
19 (1) The applicant has held such a license, but the
20 same has been suspended by reason, in whole or in part, of a
21 violation and if such suspension period has not terminated.
22 (2) The applicant has held such a license, but the
23 same has been revoked by reason, in whole or in part, of a
24 violation and if such revocation has not terminated, except
25 that after the expiration of 1 year from the date the license
26 was revoked, such person may make application for a new
27 license if permitted by law. The licensing authority may
28 refuse to issue a license to any such applicant if, after
29 investigation, the licensing authority determines that it will
30 not be safe to grant to such person the privilege of driving a
31 motor vehicle on the public highways.
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CS/HB 3257, First Engrossed
1 (3) The applicant is the holder of a license to drive
2 issued by another party state and currently in force unless
3 the applicant surrenders such license.
4
5 ARTICLE VI
6
7 APPLICABILITY OF OTHER LAWS.--Except as expressly
8 required by provisions of this compact, nothing contained
9 herein shall be construed to affect the right of any party
10 state to apply any of its other laws relating to licenses to
11 drive to any person or circumstance, nor to invalidate or
12 prevent any driver license agreement or other cooperative
13 arrangement between a party state and a nonparty state.
14
15 ARTICLE VII
16
17 COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
18 (1) The head of the licensing authority of each party
19 state shall be the administrator of this compact for his or
20 her state. The administrators, acting jointly, shall have the
21 power to formulate all necessary and proper procedures for the
22 exchange of information under this compact.
23 (2) The administrator of each party state shall
24 furnish to the administrator of each other party state any
25 information or documents reasonably necessary to facilitate
26 the administration of this compact.
27
28 ARTICLE VIII
29
30 ENTRY INTO FORCE AND WITHDRAWAL.--
31
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CS/HB 3257, First Engrossed
1 (1) This compact shall enter into force and become
2 effective as to any state when it has enacted the same into
3 law.
4 (2) Any party state may withdraw from this compact by
5 enacting a statute repealing the same, but no such withdrawal
6 shall take effect until 6 months after the executive head of
7 the withdrawing state has given notice of the withdrawal to
8 the executive heads of all other party states. No withdrawal
9 shall affect the validity or applicability by the licensing
10 authorities of states remaining party to the compact of any
11 report of conviction occurring prior to the withdrawal.
12
13 ARTICLE IX
14
15 CONSTRUCTION AND SEVERABILITY.--This compact shall be
16 liberally construed so as to effectuate the purposes thereof.
17 The provisions of this compact shall be severable; and if any
18 phrase, clause, sentence, or provision of this compact is
19 declared to be contrary to the constitution of any party state
20 or of the United States or the applicability thereof to any
21 government, agency, person, or circumstance is held invalid,
22 the validity of the remainder of this compact and the
23 applicability thereof to any government, agency, person, or
24 circumstance shall not be affected thereby. If this compact
25 shall be held contrary to the constitution of any state party
26 thereto, the compact shall remain in full force and effect as
27 to the remaining states and in full force and effect as to the
28 state affected as to all severable matters.
29 322.62 Driving under the influence; commercial motor
30 vehicle operators.--
31
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CS/HB 3257, First Engrossed
1 (3) This section does not supersede s. 316.193.
2 Nothing in this section prohibits the prosecution of a person
3 who drives a commercial motor vehicle for driving under the
4 influence of alcohol or controlled substances whether or not
5 such person is also prosecuted for a violation of this
6 section.
7 322.63 Alcohol or drug testing; commercial motor
8 vehicle operators.--
9 (2) The chemical and physical tests authorized by this
10 section shall only be required if a law enforcement officer
11 has reasonable cause to believe that a person driving a
12 commercial motor vehicle has any alcohol, chemical substance,
13 or controlled substance in his or her body.
14 (d) The administration of one test under paragraph
15 (a), paragraph (b), or paragraph (c) shall not preclude the
16 administration of a different test under paragraph (a),
17 paragraph (b), or paragraph (c). However, a urine test may
18 not be used to determine alcohol concentration and a breath
19 test may not be used to determine the presence of controlled
20 substances or chemical substances in a person's body.
21 Notwithstanding the provisions of this paragraph, in the event
22 a Florida licensee has been convicted in another state for an
23 offense substantially similar to s. 316.193 or to s. 322.62,
24 which conviction was based upon evidence of test results
25 prohibited by this paragraph, that out-of-state conviction
26 shall constitute a conviction for the purposes of this
27 chapter.
28 (6) Notwithstanding any provision of law pertaining to
29 the confidentiality of hospital records or other medical
30 records, information relating to the alcohol content of a
31 person's blood or the presence of chemical substances or
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CS/HB 3257, First Engrossed
1 controlled substances in a person's blood obtained pursuant to
2 this section shall be released to a court, prosecuting
3 attorney, defense attorney, or law enforcement officer in
4 connection with an alleged violation of s. 316.193 or s.
5 322.62 upon request for such information.
6 322.64 Holder of commercial driver's license; driving
7 with unlawful blood-alcohol level; refusal to submit to
8 breath, urine, or blood test.--
9 (1)(a) A law enforcement officer or correctional
10 officer shall, on behalf of the department, disqualify from
11 operating any commercial motor vehicle a person who while
12 operating or in actual physical control of a commercial motor
13 vehicle is arrested for a violation of s. 316.193, relating to
14 unlawful blood-alcohol level or breath-alcohol level, or a
15 person who has refused to submit to a breath, urine, or blood
16 test authorized by s. 322.63 arising out of the operation or
17 actual physical control of a commercial motor vehicle. Upon
18 disqualification of the person, the officer shall take the
19 person's driver's license and issue the person a 30-day
20 temporary permit if the person is otherwise eligible for the
21 driving privilege and shall issue the person a notice of
22 disqualification. If the person has been given a blood,
23 breath, or urine test, the results of which are not available
24 to the officer at the time of the arrest, the agency employing
25 the officer shall transmit such results to the department
26 within 5 days after receipt of the results. If the department
27 then determines that the person was arrested for a violation
28 of s. 316.193 and that the person had a blood-alcohol level or
29 breath-alcohol level of 0.08 or higher, the department shall
30 disqualify the person from operating a commercial motor
31 vehicle pursuant to subsection (3).
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CS/HB 3257, First Engrossed
1 (b) The disqualification under paragraph (a) shall be
2 pursuant to, and the notice of disqualification shall inform
3 the driver of, the following:
4 1.a. The driver refused to submit to a lawful breath,
5 blood, or urine test and he or she is disqualified from
6 operating a commercial motor vehicle for a period of 1 year,
7 for a first refusal, or permanently, if he or she has
8 previously been disqualified as a result of a refusal to
9 submit to such a test; or
10 b. The driver violated s. 316.193 by driving with an
11 unlawful blood-alcohol level and he or she is disqualified
12 from operating a commercial motor vehicle for a period of 6
13 months for a first offense or for a period of 1 year if he or
14 she has previously been disqualified, or his or her driving
15 privilege has been previously suspended, for a violation of s.
16 316.193.
17 2. The disqualification period shall commence on the
18 date of arrest or issuance of notice of disqualification,
19 whichever is later.
20 3. The driver may request a formal or informal review
21 of the disqualification by the department within 10 days after
22 the date of arrest or issuance of notice of disqualification,
23 whichever is later.
24 4. The temporary permit issued at the time of arrest
25 or disqualification will expire at midnight of the 30th day
26 following the date of disqualification.
27 5. The driver may submit to the department any
28 materials relevant to the arrest.
29 (2) Except as provided in paragraph (1)(a), the law
30 enforcement officer shall forward to the department, within 5
31 days after the date of the arrest or the issuance of the
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CS/HB 3257, First Engrossed
1 notice of disqualification, whichever is later, a copy of the
2 notice of disqualification, the driver's license of the person
3 arrested, and a report of the arrest, including, if
4 applicable, an affidavit stating the officer's grounds for
5 belief that the person arrested was in violation of s.
6 316.193; the results of any breath or blood test or an
7 affidavit stating that a breath, blood, or urine test was
8 requested by a law enforcement officer or correctional officer
9 and that the person arrested refused to submit; a copy of the
10 citation issued to the person arrested; and the officer's
11 description of the person's field sobriety test, if any. The
12 failure of the officer to submit materials within the 5-day
13 period specified in this subsection or subsection (1) shall
14 not affect the department's ability to consider any evidence
15 submitted at or prior to the hearing. The officer may also
16 submit a copy of a videotape of the field sobriety test or the
17 attempt to administer such test.
18 (7) In a formal review hearing under subsection (6) or
19 an informal review hearing under subsection (4), the hearing
20 officer shall determine by a preponderance of the evidence
21 whether sufficient cause exists to sustain, amend, or
22 invalidate the disqualification. The scope of the review
23 shall be limited to the following issues:
24 (a) If the person was disqualified from operating a
25 commercial motor vehicle for driving with an unlawful
26 blood-alcohol level in violation of s. 316.193:
27 1. Whether the arresting law enforcement officer had
28 probable cause to believe that the person was driving or in
29 actual physical control of a commercial motor vehicle in this
30 state while he or she had any alcohol, chemical substances, or
31 controlled substances in his or her body.
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CS/HB 3257, First Engrossed
1 2. Whether the person was placed under lawful arrest
2 for a violation of s. 316.193.
3 3. Whether the person had an unlawful blood-alcohol
4 level as provided in s. 316.193.
5 (8) Based on the determination of the hearing officer
6 pursuant to subsection (7) for both informal hearings under
7 subsection (4) and formal hearings under subsection (6), the
8 department shall:
9 (b) Sustain the disqualification for a period of 6
10 months for a violation of s. 316.193 or for a period of 1 year
11 if the person has been previously disqualified from operating
12 a commercial motor vehicle or his or her driving privilege has
13 been previously suspended as a result of a violation of s.
14 316.193. The disqualification period commences on the date of
15 the arrest or issuance of the notice of disqualification,
16 whichever is later.
17 (14) The decision of the department under this section
18 shall not be considered in any trial for a violation of s.
19 316.193, s. 322.61, or s. 322.62, nor shall any written
20 statement submitted by a person in his or her request for
21 departmental review under this section be admissible into
22 evidence against him or her in any such trial. The
23 disposition of any related criminal proceedings shall not
24 affect a disqualification imposed pursuant to this section.
25 (15) This section does not preclude the suspension of
26 the driving privilege pursuant to s. 322.2615. The driving
27 privilege of a person who has been disqualified from operating
28 a commercial motor vehicle also may be suspended for a
29 violation of s. 316.193.
30 327.35 Boating under the influence; penalties.--
31
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1 (6) With respect to any person convicted of a
2 violation of subsection (1), regardless of any other penalty
3 imposed:
4 (a) For the first conviction, the court shall place
5 the defendant on probation for a period not to exceed 1 year
6 and, as a condition of such probation, shall order the
7 defendant to participate in public service or a community work
8 project for a minimum of 50 hours. The total period of
9 probation and incarceration may not exceed 1 year.
10 (b) For the second conviction for an offense that
11 occurs within a period of 5 years after the date of a prior
12 conviction for violation of this section, the court shall
13 order imprisonment for not less than 10 days. At least 48
14 hours of confinement must be consecutive.
15 (c) For the third or subsequent conviction for an
16 offense that occurs within a period of 10 years after the date
17 of a prior conviction for violation of this section, the court
18 shall order imprisonment for not less than 30 days. At least
19 48 hours of confinement must be consecutive.
20 (d) In addition to any other penalty imposed, the
21 court shall also order the impoundment or immobilization of
22 the vessel that was operated by, or in the actual physical
23 control of, the offender. The period of impoundment or
24 immobilization is 10 days, or, for the second conviction
25 within 3 years, 30 days, or, for the third conviction within 5
26 years, 90 days and may not be concurrent with probation or
27 imprisonment. If the vessel is leased or rented, the period of
28 impoundment or immobilization may not extend beyond the
29 expiration of the lease or rental agreement. Within 7 business
30 days after the date that the court issues the order of
31 impoundment or immobilization, the clerk of the court shall
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1 send notice by certified mail, return receipt requested, to
2 the registered owner of the vessel if the registered owner is
3 a person other than the offender and to each person of record
4 claiming a lien against the vessel. All costs and fees for the
5 impoundment or immobilization, including the cost of
6 notification, must be paid by the owner of the vessel or, if
7 the vessel is leased or rented, by the person leasing or
8 renting the vessel. The person who owns a vessel that is
9 impounded or immobilized under this paragraph, or a person who
10 has a lien of record against such a vessel, may, within 10
11 days after the date that person has knowledge of the location
12 of the vessel, file a complaint in the county in which the
13 owner resides to determine whether the vessel was wrongfully
14 taken or withheld from the owner or lienholder. Upon the
15 filing of a complaint, the owner or lienholder may have the
16 vessel released by posting with the court a bond or other
17 adequate security equal to the amount of the costs and fees
18 for impoundment or immobilization, including towing or
19 storage, to ensure the payment of the costs and fees if the
20 owner or lienholder does not prevail. When the bond is posted
21 and the fee is paid as set forth in s. 28.24, the clerk of the
22 court shall issue a certificate releasing the vessel. At the
23 time of release, after reasonable inspection, the owner or
24 lienholder must give a receipt to the towing or storage
25 company indicating any loss or damage to the vessel or to the
26 contents of the vessel.
27 (e) A defendant, in the court's discretion, may be
28 required to serve all or any portion of a term of imprisonment
29 to which the defendant has been sentenced pursuant to this
30 section in a residential alcoholism treatment program or a
31 residential drug abuse treatment program. Any time spent in
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1 such a program must be credited by the court toward the term
2 of imprisonment.
3
4 For the purposes of this section, any conviction for a
5 violation of s. 316.193, a previous conviction for the
6 violation of former s. 316.1931, former s. 860.01, or former
7 s. 316.028, or a previous conviction outside this state for
8 driving under the influence, driving while intoxicated,
9 driving with an unlawful blood-alcohol level, driving with an
10 unlawful breath-alcohol level, or any other similar
11 alcohol-related or drug-related traffic offense, is also
12 considered a previous conviction for violation of this
13 section.
14 397.405 Exemptions from licensure.--The following are
15 exempt from the licensing provisions of this chapter:
16 (10) DUI education and screening services required to
17 be attended pursuant to ss. 316.192, 316.193, 322.095,
18 322.271, and 322.291 are exempt from licensure under this
19 chapter. Treatment programs must continue to be licensed
20 under this chapter.
21
22 The exemptions from licensure in this section do not apply to
23 any facility or entity which receives an appropriation, grant,
24 or contract from the state to operate as a service provider as
25 defined in this chapter or to any substance abuse program
26 regulated pursuant to s. 397.406. No provision of this
27 chapter shall be construed to limit the practice of a
28 physician licensed under chapter 458 or chapter 459, a
29 psychologist licensed under chapter 490, or a psychotherapist
30 licensed under chapter 491, providing outpatient or inpatient
31 substance abuse treatment to a voluntary patient, so long as
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1 the physician, psychologist, or psychotherapist does not
2 represent to the public that he or she is a licensed service
3 provider under this act. Failure to comply with any
4 requirement necessary to maintain an exempt status under this
5 section is a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083.
7 440.09 Coverage.--
8 (7)
9 (b) If the employee has, at the time of the injury, a
10 blood alcohol level equal to or greater than the level
11 specified in s. 316.193, or if the employee has a positive
12 confirmation of a drug as defined in this act, it is presumed
13 that the injury was occasioned primarily by the intoxication
14 of, or by the influence of the drug upon, the employee. In the
15 absence of a drug-free workplace program, this presumption may
16 be rebutted by clear and convincing evidence that the
17 intoxication or influence of the drug did not contribute to
18 the injury. Percent by weight of alcohol in the blood must be
19 based upon grams of alcohol per 100 milliliters of blood. If
20 the results are positive, the testing facility must maintain
21 the specimen for a minimum of 90 days. Blood serum may be used
22 for testing purposes under this chapter; however, if this test
23 is used, the presumptions under this section do not arise
24 unless the blood alcohol level is proved to be medically and
25 scientifically equivalent to or greater than the comparable
26 blood alcohol level that would have been obtained if the test
27 were based on percent by weight of alcohol in the blood.
28 However, if, before the accident, the employer had actual
29 knowledge of and expressly acquiesced in the employee's
30 presence at the workplace while under the influence of such
31
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1 alcohol or drug, the presumptions specified in this subsection
2 do not apply.
3 493.6106 License requirements; posting.--
4 (1) Each individual licensed by the department must:
5 (d) Not be a chronic and habitual user of alcoholic
6 beverages to the extent that her or his normal faculties are
7 impaired; not have been committed under chapter 397, former
8 chapter 396, or a similar law in any other state; not have
9 been found to be a habitual offender under s. 856.011(3) or a
10 similar law in any other state; and not have had two or more
11 convictions under s. 316.193 or a similar law in any other
12 state within the 3-year period immediately preceding the date
13 the application was filed, unless the individual establishes
14 that she or he is not currently impaired and has successfully
15 completed a rehabilitation course.
16 627.758 Surety on auto club traffic arrest bond;
17 conditions, limit; bail bond.--
18 (4) Notwithstanding the provisions of s. 626.311 or
19 chapter 648, any surety insurer identified in a guaranteed
20 traffic arrest bond certificate or any licensed general lines
21 agent of the surety insurer may execute a bail bond for the
22 automobile club or association member identified in the
23 guaranteed traffic arrest bond certificate in an amount not in
24 excess of $5,000 for any violation of chapter 316 or any
25 similar traffic law or ordinance except for driving under the
26 influence of alcoholic beverages, chemical substances, or
27 controlled substances, as prohibited by s. 316.193.
28 790.06 License to carry concealed weapon or firearm.--
29 (2) The Department of State shall issue a license if
30 the applicant:
31
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1 (f) Does not chronically and habitually use alcoholic
2 beverages or other substances to the extent that his or her
3 normal faculties are impaired. It shall be presumed that an
4 applicant chronically and habitually uses alcoholic beverages
5 or other substances to the extent that his or her normal
6 faculties are impaired if the applicant has been committed
7 under chapter 397 or under the provisions of former chapter
8 396 or has been convicted under s. 790.151 or has been deemed
9 a habitual offender under s. 856.011(3), or has had two or
10 more convictions under s. 316.193 or similar laws of any other
11 state, within the 3-year period immediately preceding the date
12 on which the application is submitted;
13 (10) A license issued under this section shall be
14 suspended or revoked pursuant to chapter 120 if the licensee:
15 (f) Is convicted of a second violation of s. 316.193,
16 or a similar law of another state, within 3 years of a
17 previous conviction of such section, or similar law of another
18 state, even though the first violation may have occurred prior
19 to the date on which the application was submitted;
20 903.36 Guaranteed arrest bond certificates as cash
21 bail.--
22 (2) The execution of a bail bond by a licensed general
23 lines agent of a surety insurer for the automobile club or
24 association member identified in the guaranteed traffic arrest
25 bond certificate, as provided in s. 627.758(4), shall be
26 accepted as bail in an amount not to exceed $5,000 for the
27 appearance of the person named in the certificate in any court
28 to answer for the violation of a provision of chapter 316 or a
29 similar traffic law or ordinance, except driving under the
30 influence of alcoholic beverages, chemical substances, or
31 controlled substances, as prohibited by s. 316.193.
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1 Presentation of the guaranteed traffic arrest bond certificate
2 and a power of attorney from the surety insurer for its
3 licensed general lines agents is authorization for such agent
4 to execute the bail bond.
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
8
9 Florida Felony
10 Statute Degree Description
11
12 (g) LEVEL 7
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 409.920(2) 3rd Medicaid provider fraud.
18 494.0018(2) 1st Conviction of any violation of
19 ss. 494.001-494.0077 in which the
20 total money and property
21 unlawfully obtained exceeded
22 $50,000 and there were five or
23 more victims.
24 782.07(1) 2nd Killing of a human being by the
25 act, procurement, or culpable
26 negligence of another
27 (manslaughter).
28 782.071 3rd Killing of human being by the
29 operation of a motor vehicle in a
30 reckless manner (vehicular
31 homicide).
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1 782.072 3rd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 790.07(4) 1st Specified weapons violation
24 subsequent to previous conviction
25 of s. 790.07(1) or (2).
26 790.16(1) 1st Discharge of a machine gun under
27 specified circumstances.
28 796.03 2nd Procuring any person under 16
29 years for prostitution.
30
31
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CS/HB 3257, First Engrossed
1 800.04 2nd Handle, fondle, or assault child
2 under 16 years in lewd,
3 lascivious, or indecent manner.
4 806.01(2) 2nd Maliciously damage structure by
5 fire or explosive.
6 810.02(3)(a) 2nd Burglary of occupied dwelling;
7 unarmed; no assault or battery.
8 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
9 unarmed; no assault or battery.
10 810.02(3)(d) 2nd Burglary of occupied conveyance;
11 unarmed; no assault or battery.
12 812.014(2)(a) 1st Property stolen, valued at
13 $100,000 or more; property stolen
14 while causing other property
15 damage; 1st degree grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 825.102(3)(b) 2nd Neglecting an elderly person or
23 disabled adult causing great
24 bodily harm, disability, or
25 disfigurement.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
29
30
31
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CS/HB 3257, First Engrossed
1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(4) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 872.06 2nd Abuse of a dead human body.
12 893.13(1)(c)1. 1st Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d),
15 (2)(a), or (2)(b) drugs) within
16 1,000 feet of a school.
17 893.13(4)(a) 1st Deliver to minor cocaine (or
18 other s. 893.03(1)(a), (1)(b),
19 (1)(d), (2)(a), or (2)(b) drugs).
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 50 lbs., less than 2,000
22 lbs.
23 893.135
24 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
30
31
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CS/HB 3257, First Engrossed
1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 (h) LEVEL 8
12 316.193
13 (3)(c)3.a. 2nd DUI manslaughter.
14 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
15 777.03(2)(a) 1st Accessory after the fact, capital
16 felony.
17 782.04(4) 2nd Killing of human without design
18 when engaged in act or attempt of
19 any felony other than arson,
20 sexual battery, robbery,
21 burglary, kidnapping, aircraft
22 piracy, or unlawfully discharging
23 bomb.
24 782.071(2) 2nd Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 2nd Committing vessel homicide and
28 failing to render aid or give
29 information.
30
31
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CS/HB 3257, First Engrossed
1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 806.01(1) 1st Maliciously damage dwelling or
9 structure by fire or explosive,
10 believing person in structure.
11 810.02(2)(a) 1st,PBL Burglary with assault or battery.
12 810.02(2)(b) 1st,PBL Burglary; armed with explosives
13 or dangerous weapon.
14 810.02(2)(c) 1st Burglary of a dwelling or
15 structure causing structural
16 damage or $1,000 or more property
17 damage.
18 812.13(2)(b) 1st Robbery with a weapon.
19 812.135(2) 1st Home-invasion robbery.
20 825.102(2) 2nd Aggravated abuse of an elderly
21 person or disabled adult.
22 825.103(2)(a) 1st Exploiting an elderly person or
23 disabled adult and property is
24 valued at $100,000 or more.
25 827.03(2) 2nd Aggravated child abuse.
26 860.121(2)(c) 1st Shooting at or throwing any
27 object in path of railroad
28 vehicle resulting in great bodily
29 harm.
30 860.16 1st Aircraft piracy.
31
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1 893.13(1)(b) 1st Sell or deliver in excess of 10
2 grams of any substance specified
3 in s. 893.03(1)(a) or (b).
4 893.13(2)(b) 1st Purchase in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.13(6)(c) 1st Possess in excess of 10 grams of
8 any substance specified in s.
9 893.03(1)(a) or (b).
10 893.135(1)(a)2. 1st Trafficking in cannabis, more
11 than 2,000 lbs., less than 10,000
12 lbs.
13 893.135
14 (1)(b)1.b. 1st Trafficking in cocaine, more than
15 200 grams, less than 400 grams.
16 893.135
17 (1)(c)1.b. 1st Trafficking in illegal drugs,
18 more than 14 grams, less than 28
19 grams.
20 893.135
21 (1)(d)1.b. 1st Trafficking in phencyclidine,
22 more than 200 grams, less than
23 400 grams.
24 893.135
25 (1)(e)1.b. 1st Trafficking in methaqualone, more
26 than 5 kilograms, less than 25
27 kilograms.
28 893.135
29 (1)(f)1.b. 1st Trafficking in amphetamine, more
30 than 28 grams, less than 200
31 grams.
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 (i) LEVEL 9
12 316.193
13 (3)(c)3.b. 1st DUI manslaughter; failing to
14 render aid or give information.
15 782.04(1) 1st Attempt, conspire, or solicit to
16 commit premeditated murder.
17 782.04(3) 1st,PBL Accomplice to murder in
18 connection with arson, sexual
19 battery, robbery, burglary, and
20 other specified felonies.
21 782.07(2) 1st Aggravated manslaughter of an
22 elderly person or disabled adult.
23 782.07(3) 1st Aggravated manslaughter of a
24 child.
25 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
26 reward or as a shield or hostage.
27 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
28 or facilitate commission of any
29 felony.
30
31
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 child abuse, sexual battery,
8 lewd, or lascivious act, etc.
9 790.161 1st Attempted capital destructive
10 device offense.
11 794.011(2) 1st Attempted sexual battery; victim
12 less than 12 years of age.
13 794.011(2) Life Sexual battery; offender younger
14 than 18 years and commits sexual
15 battery on a person less than 12
16 years.
17 794.011(4) 1st Sexual battery; victim 12 years
18 or older, certain circumstances.
19 794.011(8)(b) 1st Sexual battery; engage in sexual
20 conduct with minor 12 to 18 years
21 by person in familial or
22 custodial authority.
23 812.13(2)(a) 1st,PBL Robbery with firearm or other
24 deadly weapon.
25 812.133(2)(a) 1st,PBL Carjacking; firearm or other
26 deadly weapon.
27 847.0145(1) 1st Selling, or otherwise
28 transferring custody or control,
29 of a minor.
30
31
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1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning food, drink, medicine,
5 or 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.
28 938.07 Driving under the influence.--Notwithstanding
29 any other provision of s. 316.193, a court cost of $135 shall
30 be added to any fine imposed pursuant to s. 316.193, of which
31 $25 shall be deposited in the Emergency Medical Services Trust
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1 Fund, $50 shall be deposited in the Criminal Justice Standards
2 and Training Trust Fund of the Department of Law Enforcement
3 to be used for operational expenses of the Division of Local
4 Law Enforcement Assistance in conducting the statewide
5 criminal analysis laboratory system established in s. 943.32,
6 and $60 shall be deposited in the Brain and Spinal Cord Injury
7 Rehabilitation Trust Fund created in s. 413.613.
8 938.21 Alcohol and drug abuse
9 programs.--Notwithstanding any provision to the contrary of
10 the laws of this state, the court may assess for alcohol and
11 other drug abuse programs as provided in s. 893.165 any
12 defendant who pleads guilty or nolo contendere to, or is
13 convicted of, a violation of any provision of chapter 893 or
14 which involves a criminal violation of s. 316.193, s. 856.011,
15 s. 856.015, or chapter 562, chapter 567, or chapter 568, in
16 addition to any fine and other penalty provided by law, a
17 court cost in an amount up to the amount of the fine
18 authorized for the violation. The court is authorized to order
19 a defendant to pay an additional assessment if it finds that
20 the defendant has the ability to pay the fine and the
21 additional assessment and will not be prevented thereby from
22 being rehabilitated or from making restitution.
23 938.23 Assistance grants for alcohol and other drug
24 abuse programs.--
25 (1) In addition to any fine imposed by law for any
26 criminal offense under chapter 893 or for any criminal
27 violation of s. 316.193, s. 856.011, s. 856.015, or chapter
28 562, chapter 567, or chapter 568, the court shall be
29 authorized, pursuant to the requirements of s. 938.21, to
30 impose an additional assessment in an amount up to the amount
31 of the fine authorized for the offense. Such additional
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1 assessments shall be deposited for the purpose of providing
2 assistance grants to drug abuse treatment or alcohol treatment
3 or education programs as provided in s. 893.165.
4 960.03 Definitions.--As used in ss. 960.01-960.28,
5 unless the context otherwise requires, the term:
6 (3) "Crime" means:
7 (b) A violation of s. 316.193, s. 316.027(1), or s.
8 782.071(2), which results in physical injury or death;
9 however, no other act involving the operation of a motor
10 vehicle, boat, or aircraft which results in injury or death
11 shall constitute a crime for the purpose of this chapter
12 unless the injury or death was intentionally inflicted through
13 the use of such vehicle, boat, or aircraft or unless such
14 vehicle, boat, or aircraft is an implement of a crime to which
15 this act applies.
16 Section 3. Subsection (6) is added to section
17 318.1451, Florida Statutes, to read:
18 318.1451 Driver improvement schools.--
19 (6) The department, courts, clerks of courts,
20 governmental entities and law enforcement agencies that
21 distribute, provide or maintain any information or literature,
22 whatsoever, regarding driver improvement schools or course
23 providers, shall only distribute, provide or maintain a
24 pamphlet that is prepared and distributed by the department
25 which refers all inquiries to the local telephone directory
26 under the heading traffic schools. The pamphlet shall list the
27 benefits provided by statute for completing a driver
28 improvement course and shall not refer to or contain any
29 information, whatsoever, regarding individual driver
30 improvement schools or course providers.
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CS/HB 3257, First Engrossed
1 Section 4. Paragraph (b) of subsection (3) of section
2 921.0022, Florida Statutes, is amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10
11 (b) LEVEL 2
12 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
13 403.413(5)(c) 3rd Dumps waste litter exceeding 500
14 lbs. in weight or 100 cubic feet
15 in volume or any quantity for
16 commercial purposes, or hazardous
17 waste.
18 517.07 3rd Registration of securities and
19 furnishing of prospectus
20 required.
21 590.28(1) 3rd Willful, malicious, or
22 intentional burning.
23 784.05(3) 3rd Storing or leaving a loaded
24 firearm within reach of minor who
25 uses it to inflict injury or
26 death.
27 787.04(1) 3rd In violation of court order,
28 take, entice, etc., minor beyond
29 state limits.
30
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CS/HB 3257, First Engrossed
1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
2 or more to public communication
3 or any other public service.
4 810.09(2)(e) 3rd Trespassing on posted commerical
5 horticulture property.
6 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
7 more but less than $5,000.
8 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
9 more but less than $300, taken
10 from unenclosed curtilage of
11 dwelling.
12 817.234(1)(a)2. 3rd False statement in support of
13 insurance claim.
14 817.481(3)(a) 3rd Obtain credit or purchase with
15 false, expired, counterfeit,
16 etc., credit card, value over
17 $300.
18 817.52(3) 3rd Failure to redeliver hired
19 vehicle.
20 817.54 3rd With intent to defraud, obtain
21 mortgage note, etc., by false
22 representation.
23 817.60(5) 3rd Dealing in credit cards of
24 another.
25 817.60(6)(a) 3rd Forgery; purchase goods, services
26 with false card.
27 817.61 3rd Fraudulent use of credit cards
28 over $100 or more within 6
29 months.
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CS/HB 3257, First Engrossed
1 826.04 3rd Knowingly marries or has sexual
2 intercourse with person to whom
3 related.
4 831.01 3rd Forgery.
5 831.02 3rd Uttering forged instrument;
6 utters or publishes alteration
7 with intent to defraud.
8 831.07 3rd Forging bank bills or promissory
9 note.
10 831.08 3rd Possession of 10 or more forged
11 notes.
12 831.09 3rd Uttering forged bills; passes as
13 bank bill or promissory note.
14 832.05(3)(a) 3rd Cashing or depositing item with
15 intent to defraud.
16 843.08 3rd Falsely impersonating an officer.
17 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
18 (2)(c), (3), or (4) drugs other
19 than cannabis.
20 893.147(2) 3rd Manufacture or delivery of drug
21 paraphernalia.
22
23 Section 5. This act shall take effect October 1 of the
24 year in which enacted.
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