Senate Bill 0554
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 554
By Senator Burt
16-632-98 See HB
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; providing a
4 third-degree-felony penalty for a third or
5 subsequent conviction for driving under the
6 influence; increasing present fines and
7 penalties to conform; amending s. 921.0022,
8 F.S.; conforming provisions in the sentencing
9 guidelines; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsections (2) and (4) of section 316.193,
14 Florida Statutes, are amended to read:
15 316.193 Driving under the influence; penalties.--
16 (2)(a) Except as provided in paragraph (b), subsection
17 (3), or subsection (4), any person who is convicted of a
18 violation of subsection (1) shall be punished:
19 1. By a fine of:
20 a. Not less than $250 or more than $500 for a first
21 conviction.
22 b. Not less than $500 or more than $1,000 for a second
23 conviction; and.
24 c. Not less than $1,000 or more than $2,500 for a
25 third conviction; and
26 2. By imprisonment for:
27 a. Not more than 6 months for a first conviction.
28 b. Not more than 9 months for a second conviction.
29 c. Not more than 12 months for a third conviction.
30 (b) Any person who is convicted of a third fourth or
31 subsequent violation of this section is guilty of a felony of
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 554
16-632-98 See HB
1 the third degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084; however, the fine imposed for such
3 third fourth or subsequent violation may be not less than
4 $2,500 $1,000.
5 (4) Any person who is convicted of a violation of
6 subsection (1) and who has a blood-alcohol level or
7 breath-alcohol level of 0.20 or higher, or any person who is
8 convicted of a violation of subsection (1) and who at the time
9 of the offense was accompanied in the vehicle by a person
10 under the age of 18 years, shall be punished:
11 (a) By a fine of:
12 1. Not less than $500 or more than $1,000 for a first
13 conviction.
14 2. Not less than $1,000 or more than $2,000 for a
15 second conviction.
16 3. Not less than $3,500 $2,000 or more than $7,000
17 $5,000 for a third or subsequent conviction.
18 (b) By imprisonment for:
19 1. Not more than 9 months for a first conviction.
20 2. Not more than 12 months for a second conviction.
21 3. Not more than 12 months for a third conviction.
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23 For the purposes of this subsection, any conviction for a
24 violation of s. 327.35, only the instant offense is required
25 to be a violation of subsection (1) by a person who has a
26 blood-alcohol level or breath-alcohol level of 0.20 or higher.
27 Section 2. Paragraph (f) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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Florida Senate - 1998 SB 554
16-632-98 See HB
1
2 Florida Felony
3 Fegony
4 Statute Degree Description
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6 (f) LEVEL 6
7 316.027(1)(b) 2nd Accident involving death, failure
8 to stop; leaving scene.
9 316.193(2)(b) 3rd Felony DUI, 3rd 4th or subsequent
10 conviction.
11 775.0875(1) 3rd Taking firearm from law
12 enforcement officer.
13 784.021(1)(a) 3rd Aggravated assault; deadly weapon
14 without intent to kill.
15 784.021(1)(b) 3rd Aggravated assault; intent to
16 commit felony.
17 784.048(3) 3rd Aggravated stalking; credible
18 threat.
19 784.07(2)(c) 2nd Aggravated assault on law
20 enforcement officer.
21 784.08(2)(b) 2nd Aggravated assault on a person 65
22 years of age or older.
23 784.081(2) 2nd Aggravated assault on specified
24 official or employee.
25 784.082(2) 2nd Aggravated assault by detained
26 person on visitor or other
27 detainee.
28 787.02(2) 3rd False imprisonment; restraining
29 with purpose other than those in
30 s. 787.01.
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Florida Senate - 1998 SB 554
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1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive
8 or act of arson or violence to
9 state property.
10 790.19 2nd Shooting or throwing deadly
11 missiles into dwellings, vessels,
12 or vehicles.
13 794.011(8)(a) 3rd Solicitation of minor to
14 participate in sexual activity by
15 custodial adult.
16 794.05(1) 2nd Unlawful sexual activity with
17 specified minor.
18 806.031(2) 2nd Arson resulting in great bodily
19 harm to firefighter or any other
20 person.
21 810.02(3)(c) 2nd Burglary of occupied structure;
22 unarmed; no assault or battery.
23 812.014(2)(b) 2nd Property stolen $20,000 or more,
24 but less than $100,000, grand
25 theft in 2nd degree.
26 812.13(2)(c) 2nd Robbery, no firearm or other
27 weapon (strong-arm robbery).
28 817.034(4)(a)1. 1st Communications fraud, value
29 greater than $50,000.
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Florida Senate - 1998 SB 554
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1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at $100 or more, but less
14 than $20,000.
15 827.03(1) 3rd Abuse of a child.
16 827.03(3)(c) 3rd Neglect of a child.
17 827.071(2)&(3) 2nd Use or induce a child in a sexual
18 performance, or promote or direct
19 such performance.
20 836.05 2nd Threats; extortion.
21 836.10 2nd Written threats to kill or do
22 bodily injury.
23 843.12 3rd Aids or assists person to escape.
24 914.23 2nd Retaliation against a witness,
25 victim, or informant, with bodily
26 injury.
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Florida Senate - 1998 SB 554
16-632-98 See HB
1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
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17 Section 3. This act shall take effect October 1, 1998.
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20 LEGISLATIVE SUMMARY
21 Provides for a third-degree-felony penalty for a third or
subsequent conviction of driving under the influence.
22 Current law prescribes a third-degree-felony penalty for
a fourth or subsequent conviction for driving under the
23 influence. Conforms other fines and penalty provisions to
the act. (See bill for details.)
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