Senate Bill 0094c2
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Florida Senate - 1999 CS for CS for SB 94
By the Committees on Fiscal Policy, Criminal Justice and
Senator Rossin
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1 A bill to be entitled
2 An act relating to driving or boating under the
3 influence; amending s. 316.193, F.S.;
4 increasing the penalty imposed for a fourth or
5 subsequent conviction of driving under the
6 influence; increasing the penalties imposed for
7 driving under the influence and causing damage
8 to property valued over a specified amount;
9 increasing the penalties imposed for causing
10 serious bodily injury while driving under the
11 influence; providing that it is a first-degree
12 felony to cause the death of another while
13 driving under the influence; revising a
14 blood-alcohol or breath-alcohol level; deleting
15 provisions that impose an enhanced penalty if a
16 person has caused the death of another while
17 driving under the influence, knew or should
18 have known that the accident occurred, and
19 failed to give information and render aid;
20 providing that previous convictions for boating
21 under the influence are to be considered for
22 purposes of penalties; amending s. 327.35,
23 F.S.; revising the penalties for boating under
24 the influence; amending s. 921.0022, F.S.;
25 conforming the offense severity ranking chart
26 to include the changes made by this act in
27 felony degree for certain offenses relating to
28 driving under the influence; revising a
29 blood-alcohol or breath-alcohol level; deleting
30 the ranking of driving under the influence
31 manslaughter with a failure to render aid or
1
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1 give information to conform with changes made
2 by this act; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 316.193, Florida Statutes, is
7 amended to read:
8 316.193 Driving under the influence; penalties.--
9 (1) A person commits is guilty of the offense of
10 driving under the influence and is subject to punishment as
11 provided in subsection (2) if the person is driving or in
12 actual physical control of a vehicle within this state and:
13 (a) The person is under the influence of alcoholic
14 beverages, any chemical substance set forth in s. 877.111, or
15 any substance controlled under chapter 893, when affected to
16 the extent that the person's normal faculties are impaired;
17 (b) The person has a blood-alcohol level of 0.08 or
18 more grams of alcohol per 100 milliliters of blood; or
19 (c) The person has a breath-alcohol level of 0.08 or
20 more grams of alcohol per 210 liters of breath.
21 (2)(a) Except as provided in paragraph (b), subsection
22 (3), or subsection (4), any person who is convicted of a
23 violation of subsection (1) shall be punished:
24 1. By a fine of:
25 a. Not less than $250 or more than $500 for a first
26 conviction.
27 b. Not less than $500 or more than $1,000 for a second
28 conviction.
29 c. Not less than $1,000 or more than $2,500 for a
30 third conviction; and
31 2. By imprisonment for:
2
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1 a. Not more than 6 months for a first conviction.
2 b. Not more than 9 months for a second conviction.
3 c. Not more than 12 months for a third conviction.
4 (b) Any person who is convicted of a fourth or
5 subsequent violation of this section commits is guilty of a
6 felony of the second third degree, punishable as provided in
7 s. 775.082, s. 775.083, or s. 775.084; however, the fine
8 imposed for such fourth or subsequent violation may be not
9 less than $1,000.
10 (3) Any person:
11 (a) Who is in violation of subsection (1);
12 (b) Who operates a vehicle; and
13 (c) Who, by reason of such operation, causes:
14 1. Damage to the property or person of another valued
15 at $10,000 or less commits a misdemeanor of the first degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 2. Damage to the property of another valued in excess
18 of $10,000 commits a felony of the third degree, punishable as
19 provided in s. 775.082, s. 775.083, or s. 775.084.
20 3.2. Serious bodily injury to another, as defined in
21 s. 316.1933, commits a felony of the second third degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084.
24 4.3. The death of any human being commits DUI
25 manslaughter, and commits:
26 a. a felony of the first second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 b. A felony of the first degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084, if:
30 (I) At the time of the accident, the person knew, or
31 should have known, that the accident occurred; and
3
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1 (II) The person failed to give information and render
2 aid as required by s. 316.062.
3 (4) Any person who is convicted of a violation of
4 subsection (1) and who has a blood-alcohol level or
5 breath-alcohol level of 0.16 0.20 or higher, or any person who
6 is convicted of a violation of subsection (1) and who at the
7 time of the offense was accompanied in the vehicle by a person
8 under the age of 18 years, shall be punished:
9 (a) By a fine of:
10 1. Not less than $500 or more than $1,000 for a first
11 conviction.
12 2. Not less than $1,000 or more than $2,000 for a
13 second conviction.
14 3. Not less than $2,000 or more than $5,000 for a
15 third conviction.
16 (b) By imprisonment for:
17 1. Not more than 9 months for a first conviction.
18 2. Not more than 12 months for a second conviction.
19 3. Not more than 12 months for a third conviction.
20
21 For the purposes of this subsection, any conviction for a
22 violation of s. 327.35, only the instant offense is required
23 to be a violation of subsection (1) by a person who has a
24 blood-alcohol level or breath-alcohol level of 0.16 0.20 or
25 higher.
26 (5) The court shall place any offender convicted of
27 violating this section on monthly reporting probation and
28 shall require attendance at a substance abuse course licensed
29 by the department; and the agency conducting the course may
30 refer the offender to an authorized service provider for
31 substance abuse evaluation and treatment, in addition to any
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1 sentence or fine imposed under this section. The offender
2 shall assume reasonable costs for such education, evaluation,
3 and treatment, with completion of all such education,
4 evaluation, and treatment being a condition of reporting
5 probation. Treatment resulting from a psychosocial evaluation
6 may not be waived without a supporting psychosocial evaluation
7 conducted by an agency appointed by the court and with access
8 to the original evaluation. The offender shall bear the cost
9 of this procedure. The term "substance abuse" means the abuse
10 of alcohol or any substance named or described in Schedules I
11 through V of s. 893.03. If an offender referred to treatment
12 under this subsection fails to report for or complete such
13 treatment or fails to complete the substance abuse education
14 course, the DUI program shall notify the court and the
15 department of the failure. Upon receipt of the notice, the
16 department shall cancel the offender's driving privilege. The
17 department shall reinstate the driving privilege when the
18 offender completes the substance abuse education course or
19 enters treatment required under this subsection. The
20 organization that conducts the substance abuse education and
21 evaluation may not provide required substance abuse treatment
22 unless a waiver has been granted to that organization by the
23 department. A waiver may be granted only if the department
24 determines, in accordance with its rules, that the service
25 provider that conducts the substance abuse education and
26 evaluation is the most appropriate service provider and is
27 licensed under chapter 397 or is exempt from such licensure.
28 All DUI treatment programs providing treatment services on
29 January 1, 1994, shall be allowed to continue to provide such
30 services until the department determines whether a waiver
31 should be granted. A statistical referral report shall be
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1 submitted quarterly to the department by each organization
2 authorized to provide services under this section.
3 (6) With respect to any person convicted of a
4 violation of subsection (1), regardless of any penalty imposed
5 pursuant to subsection (2), subsection (3), or subsection (4):
6 (a) For the first conviction, the court shall place
7 the defendant on probation for a period not to exceed 1 year
8 and, as a condition of such probation, shall order the
9 defendant to participate in public service or a community work
10 project for a minimum of 50 hours; or the court may order
11 instead, that any defendant pay an additional fine of $10 for
12 each hour of public service or community work otherwise
13 required, if, after consideration of the residence or location
14 of the defendant at the time public service or community work
15 is required, payment of the fine is in the best interests of
16 the state. However, the total period of probation and
17 incarceration may not exceed 1 year. The court must also, as a
18 condition of probation, order the impoundment or
19 immobilization of the vehicle that was operated by or in the
20 actual control of the defendant or any one vehicle registered
21 in the defendant's name at the time of impoundment or
22 immobilization, for a period of 10 days or for the unexpired
23 term of any lease or rental agreement that expires within 10
24 days. The impoundment or immobilization must not occur
25 concurrently with the incarceration of the defendant. The
26 impoundment or immobilization order may be dismissed in
27 accordance with paragraph (e), paragraph (f), or paragraph
28 (g).
29 (b) For the second conviction for an offense that
30 occurs within a period of 5 years after the date of a prior
31 conviction for violation of this section, the court shall
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1 order imprisonment for not less than 10 days. The court must
2 also, as a condition of probation, order the impoundment or
3 immobilization of the vehicle that was operated by or in the
4 actual control of the defendant or any one vehicle registered
5 in the defendant's name at the time of impoundment or
6 immobilization, for a period of 30 days or for the unexpired
7 term of any lease or rental agreement that expires within 30
8 days. The impoundment or immobilization must not occur
9 concurrently with the incarceration of the defendant. The
10 impoundment or immobilization order may be dismissed in
11 accordance with paragraph (e), paragraph (f), or paragraph
12 (g). At least 48 hours of confinement must be consecutive.
13 (c) For the third or subsequent conviction for an
14 offense that occurs within a period of 10 years after the date
15 of a prior conviction for violation of this section, the court
16 shall order imprisonment for not less than 30 days. The court
17 must also, as a condition of probation, order the impoundment
18 or immobilization of the vehicle that was operated by or in
19 the actual control of the defendant or any one vehicle
20 registered in the defendant's name at the time of impoundment
21 or immobilization, for a period of 90 days or for the
22 unexpired term of any lease or rental agreement that expires
23 within 90 days. The impoundment or immobilization must not
24 occur concurrently with the incarceration of the defendant.
25 The impoundment or immobilization order may be dismissed in
26 accordance with paragraph (e), paragraph (f), or paragraph
27 (g). At least 48 hours of confinement must be consecutive.
28 (d) The court must at the time of sentencing the
29 defendant issue an order for the impoundment or immobilization
30 of a vehicle. Within 7 business days after the date that the
31 court issues the order of impoundment or immobilization, and
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1 once again 30 business days before the actual impoundment or
2 immobilization of the vehicle, the clerk of the court must
3 send notice by certified mail, return receipt requested, to
4 the registered owner of each vehicle, if the registered owner
5 is a person other than the defendant, and to each person of
6 record claiming a lien against the vehicle.
7 (e) A person who owns but was not operating the
8 vehicle when the offense occurred may submit to the court a
9 police report indicating that the vehicle was stolen at the
10 time of the offense or documentation of having purchased the
11 vehicle after the offense was committed from an entity other
12 than the defendant or the defendant's agent. If the court
13 finds that the vehicle was stolen or that the sale was not
14 made to circumvent the order and allow the defendant continued
15 access to the vehicle, the order must be dismissed and the
16 owner of the vehicle will incur no costs. If the court denies
17 the request to dismiss the order of impoundment or
18 immobilization, the petitioner may request an evidentiary
19 hearing.
20 (f) A person who owns but was not operating the
21 vehicle when the offense occurred, and whose vehicle was
22 stolen or who purchased the vehicle after the offense was
23 committed directly from the defendant or the defendant's
24 agent, may request an evidentiary hearing to determine whether
25 the impoundment or immobilization should occur. If the court
26 finds that either the vehicle was stolen or the purchase was
27 made without knowledge of the offense, that the purchaser had
28 no relationship to the defendant other than through the
29 transaction, and that such purchase would not circumvent the
30 order and allow the defendant continued access to the vehicle,
31
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1 the order must be dismissed and the owner of the vehicle will
2 incur no costs.
3 (g) The court shall also dismiss the order of
4 impoundment or immobilization of the vehicle if the court
5 finds that the family of the owner of the vehicle has no other
6 private means of transportation.
7 (h) All costs and fees for the impoundment or
8 immobilization, including the cost of notification, must be
9 paid by the owner of the vehicle or, if the vehicle is leased
10 or rented, by the person leasing or renting the vehicle,
11 unless the impoundment or immobilization order is dismissed.
12 All provisions of s. 713.78 shall apply.
13 (i) The person who owns a vehicle that is impounded or
14 immobilized under this paragraph, or a person who has a lien
15 of record against such a vehicle and who has not requested a
16 review of the impoundment pursuant to paragraph (e), paragraph
17 (f), or paragraph (g), may, within 10 days after the date that
18 person has knowledge of the location of the vehicle, file a
19 complaint in the county in which the owner resides to
20 determine whether the vehicle was wrongfully taken or withheld
21 from the owner or lienholder. Upon the filing of a complaint,
22 the owner or lienholder may have the vehicle released by
23 posting with the court a bond or other adequate security equal
24 to the amount of the costs and fees for impoundment or
25 immobilization, including towing or storage, to ensure the
26 payment of such costs and fees if the owner or lienholder does
27 not prevail. When the bond is posted and the fee is paid as
28 set forth in s. 28.24, the clerk of the court shall issue a
29 certificate releasing the vehicle. At the time of release,
30 after reasonable inspection, the owner or lienholder must give
31
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1 a receipt to the towing or storage company indicating any loss
2 or damage to the vehicle or to the contents of the vehicle.
3 (j) A defendant, in the court's discretion, may be
4 required to serve all or any portion of a term of imprisonment
5 to which the defendant has been sentenced pursuant to this
6 section in a residential alcoholism treatment program or a
7 residential drug abuse treatment program. Any time spent in
8 such a program must be credited by the court toward the term
9 of imprisonment.
10
11 For the purposes of this section, any conviction for a
12 violation of s. 327.35; a previous conviction for the
13 violation of former s. 316.1931, former s. 327.351, former s.
14 860.01, or former s. 316.028; or a previous conviction outside
15 this state for driving or boating under the influence, driving
16 or boating while intoxicated, driving or boating with an
17 unlawful blood-alcohol level, driving or boating with an
18 unlawful breath-alcohol level, or any other similar
19 alcohol-related or drug-related traffic or boating offense, is
20 also considered a previous conviction for violation of this
21 section. However, in satisfaction of the fine imposed pursuant
22 to this section, the court may, upon a finding that the
23 defendant is financially unable to pay either all or part of
24 the fine, order that the defendant participate for a specified
25 additional period of time in public service or a community
26 work project in lieu of payment of that portion of the fine
27 which the court determines the defendant is unable to pay. In
28 determining such additional sentence, the court shall consider
29 the amount of the unpaid portion of the fine and the
30 reasonable value of the services to be ordered; however, the
31 court may not compute the reasonable value of services at a
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1 rate less than the federal minimum wage at the time of
2 sentencing.
3 (7) A conviction under this section does not bar any
4 civil suit for damages against the person so convicted.
5 (8) At the arraignment, or in conjunction with any
6 notice of arraignment provided by the clerk of the court, the
7 clerk shall provide any person charged with a violation of
8 this section with notice that upon conviction the court shall
9 suspend or revoke the offender's driver's license and that the
10 offender should make arrangements for transportation at any
11 proceeding in which the court may take such action. Failure
12 to provide such notice does not affect the court's suspension
13 or revocation of the offender's driver's license.
14 (9) A person who is arrested for a violation of this
15 section may not be released from custody:
16 (a) Until the person is no longer under the influence
17 of alcoholic beverages, any chemical substance set forth in s.
18 877.111, or any substance controlled under chapter 893 and
19 affected to the extent that his or her normal faculties are
20 impaired;
21 (b) Until the person's blood-alcohol level or
22 breath-alcohol level is less than 0.05; or
23 (c) Until 8 hours have elapsed from the time the
24 person was arrested.
25 (10) The rulings of the Department of Highway Safety
26 and Motor Vehicles under s. 322.2615 shall not be considered
27 in any trial for a violation of this section. Testimony or
28 evidence from the administrative proceedings or any written
29 statement submitted by a person in his or her request for
30 administrative review is inadmissible into evidence or for any
31 other purpose in any criminal proceeding, unless timely
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1 disclosed in criminal discovery pursuant to Rule 3.220,
2 Florida Rules of Criminal Procedure.
3 Section 2. Subsections (1), (2), (3), and (4) of
4 section 327.35, Florida Statutes, 1998 Supplement, are amended
5 to read:
6 327.35 Boating under the influence; penalties;
7 "designated drivers".--
8 (1) A person commits is guilty of the offense of
9 boating under the influence and is subject to punishment as
10 provided in subsection (2) if the person is operating a vessel
11 within this state and:
12 (a) The person is under the influence of alcoholic
13 beverages, any chemical substance set forth in s. 877.111, or
14 any substance controlled under chapter 893, when affected to
15 the extent that the person's normal faculties are impaired;
16 (b) The person has a blood-alcohol level of 0.08 or
17 more grams of alcohol per 100 milliliters of blood; or
18 (c) The person has a breath-alcohol level of 0.08 or
19 more grams of alcohol per 210 liters of breath.
20 (2)(a) Except as provided in paragraph (b), subsection
21 (3), or subsection (4), any person who is convicted of a
22 violation of subsection (1) shall be punished:
23 1. By a fine of:
24 a. Not less than $250 or more than $500 for a first
25 conviction.
26 b. Not less than $500 or more than $1,000 for a second
27 conviction.
28 c. Not less than $1,000 or more than $2,500 for a
29 third conviction; and
30 2. By imprisonment for:
31 a. Not more than 6 months for a first conviction.
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1 b. Not more than 9 months for a second conviction.
2 c. Not more than 12 months for a third conviction.
3 (b) Any person who is convicted of a fourth or
4 subsequent violation of this section commits is guilty of a
5 felony of the second third degree, punishable as provided in
6 s. 775.082, s. 775.083, or s. 775.084; however, the fine
7 imposed for such fourth or subsequent violation may not be
8 less than $1,000.
9 (3) Any person:
10 (a) Who is in violation of subsection (1);
11 (b) Who operates a vessel; and
12 (c) Who, by reason of such operation, causes:
13 1. Damage to the property or person of another valued
14 at $10,000 or less commits a misdemeanor of the first degree,
15 punishable as provided in s. 775.082 or s. 775.083.
16 2. Damage to the property of another valued in excess
17 of $10,000 commits a felony of the third degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 3.2. Serious bodily injury to another, as defined in
20 s. 316.1933, commits a felony of the second third degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 4.3. The death of any human being commits BUI
24 manslaughter, and commits:
25 a. a felony of the first second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 b. A felony of the first degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29 (I) At the time of the accident, the person knew, or
30 should have known, that the accident occurred; and
31
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1 (II) The person failed to give information and render
2 aid as required by s. 316.062.
3
4 This sub-subparagraph does not require that the person knew
5 that the accident resulted in injury or death.
6 (4) Any person who is convicted of a violation of
7 subsection (1) and who has a blood-alcohol level or
8 breath-alcohol level of 0.16 0.20 or higher, or any person who
9 is convicted of a violation of subsection (1) and who at the
10 time of the offense was accompanied in the vessel by a person
11 under the age of 18 years, shall be punished:
12 (a) By a fine of:
13 1. Not less than $500 or more than $1,000 for a first
14 conviction.
15 2. Not less than $1,000 or more than $2,000 for a
16 second conviction.
17 3. Not less than $2,000 or more than $5,000 for a
18 third conviction.
19 (b) By imprisonment for:
20 1. Not more than 9 months for a first conviction.
21 2. Not more than 12 months for a second conviction.
22 3. Not more than 12 months for a third conviction.
23
24 For the purposes of this subsection, only the instant offense
25 is required to be a violation of subsection (1) by a person
26 who has a blood-alcohol level or breath-alcohol level of 0.16
27 0.20 or higher.
28 Section 3. Paragraphs (f), (g), (h), and (i) of
29 subsection (3) of section 921.0022, Florida Statutes, 1998
30 Supplement, are amended to read:
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1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8
9 (f) LEVEL 6
10 316.027(1)(b) 2nd Accident involving death, failure
11 to stop; leaving scene.
12 316.193(2)(b) 2nd3rd Felony DUI, 4th or subsequent
13 conviction.
14 775.0875(1) 3rd Taking firearm from law
15 enforcement officer.
16 775.21(9) 3rd Sexual predators; failure to
17 register; failure to renew
18 driver's license or
19 identification card.
20 784.021(1)(a) 3rd Aggravated assault; deadly weapon
21 without intent to kill.
22 784.021(1)(b) 3rd Aggravated assault; intent to
23 commit felony.
24 784.041 3rd Felony battery.
25 784.048(3) 3rd Aggravated stalking; credible
26 threat.
27 784.048(5) 3rd Aggravated stalking of person
28 under 16.
29 784.07(2)(c) 2nd Aggravated assault on law
30 enforcement officer.
31
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1 784.08(2)(b) 2nd Aggravated assault on a person 65
2 years of age or older.
3 784.081(2) 2nd Aggravated assault on specified
4 official or employee.
5 784.082(2) 2nd Aggravated assault by detained
6 person on visitor or other
7 detainee.
8 784.083(2) 2nd Aggravated assault on code
9 inspector.
10 787.02(2) 3rd False imprisonment; restraining
11 with purpose other than those in
12 s. 787.01.
13 790.115(2)(d) 2nd Discharging firearm or weapon on
14 school property.
15 790.161(2) 2nd Make, possess, or throw
16 destructive device with intent to
17 do bodily harm or damage
18 property.
19 790.164(1) 2nd False report of deadly explosive
20 or act of arson or violence to
21 state property.
22 790.19 2nd Shooting or throwing deadly
23 missiles into dwellings, vessels,
24 or vehicles.
25 794.011(8)(a) 3rd Solicitation of minor to
26 participate in sexual activity by
27 custodial adult.
28 794.05(1) 2nd Unlawful sexual activity with
29 specified minor.
30
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1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b) 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.13(2)(c) 2nd Robbery, no firearm or other
10 weapon (strong-arm robbery).
11 817.034(4)(a)1. 1st Communications fraud, value
12 greater than $50,000.
13 817.4821(5) 2nd Possess cloning paraphernalia
14 with intent to create cloned
15 cellular telephones.
16 825.102(1) 3rd Abuse of an elderly person or
17 disabled adult.
18 825.102(3)(c) 3rd Neglect of an elderly person or
19 disabled adult.
20 825.1025(3) 3rd Lewd or lascivious molestation of
21 an elderly person or disabled
22 adult.
23 825.103(2)(c) 3rd Exploiting an elderly person or
24 disabled adult and property is
25 valued at less than $20,000.
26 827.03(1) 3rd Abuse of a child.
27 827.03(3)(c) 3rd Neglect of a child.
28 827.071(2)&(3) 2nd Use or induce a child in a sexual
29 performance, or promote or direct
30 such performance.
31 836.05 2nd Threats; extortion.
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1 836.10 2nd Written threats to kill or do
2 bodily injury.
3 843.12 3rd Aids or assists person to escape.
4 847.0135(3) 3rd Solicitation of a child, via a
5 computer service, to commit an
6 unlawful sex act.
7 914.23 2nd Retaliation against a witness,
8 victim, or informant, with bodily
9 injury.
10 943.0435(6) 3rd Sex offenders; failure to comply
11 with reporting requirements.
12 944.35(3)(a)2. 3rd Committing malicious battery upon
13 or inflicting cruel or inhuman
14 treatment on an inmate or
15 offender on community
16 supervision, resulting in great
17 bodily harm.
18 944.40 2nd Escapes.
19 944.46 3rd Harboring, concealing, aiding
20 escaped prisoners.
21 944.47(1)(a)5. 2nd Introduction of contraband
22 (firearm, weapon, or explosive)
23 into correctional facility.
24 951.22(1) 3rd Intoxicating drug, firearm, or
25 weapon introduced into county
26 facility.
27 (g) LEVEL 7
28 316.193(3)(c)3.
29 316.193(3)(c)2. 2nd3rd DUI resulting in serious bodily
30 injury.
31
18
CODING: Words stricken are deletions; words underlined are additions.
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1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
2 bodily injury.
3 409.920(2) 3rd Medicaid provider fraud.
4 494.0018(2) 1st Conviction of any violation of
5 ss. 494.001-494.0077 in which the
6 total money and property
7 unlawfully obtained exceeded
8 $50,000 and there were five or
9 more victims.
10 782.051(3) 2nd Attempted felony murder of a
11 person by a person other than the
12 perpetrator or the perpetrator of
13 an attempted felony.
14 782.07(1) 2nd Killing of a human being by the
15 act, procurement, or culpable
16 negligence of another
17 (manslaughter).
18 782.071 3rd Killing of human being or viable
19 fetus by the operation of a motor
20 vehicle in a reckless manner
21 (vehicular homicide).
22 782.072 3rd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
31
19
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1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 796.03 2nd Procuring any person under 16
22 years for prostitution.
23 800.04 2nd Handle, fondle, or assault child
24 under 16 years in lewd,
25 lascivious, or indecent manner.
26 806.01(2) 2nd Maliciously damage structure by
27 fire or explosive.
28 810.02(3)(a) 2nd Burglary of occupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
31 unarmed; no assault or battery.
20
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1 810.02(3)(d) 2nd Burglary of occupied conveyance;
2 unarmed; no assault or battery.
3 812.014(2)(a) 1st Property stolen, valued at
4 $100,000 or more; property stolen
5 while causing other property
6 damage; 1st degree grand theft.
7 812.019(2) 1st Stolen property; initiates,
8 organizes, plans, etc., the theft
9 of property and traffics in
10 stolen property.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 825.102(3)(b) 2nd Neglecting an elderly person or
14 disabled adult causing great
15 bodily harm, disability, or
16 disfigurement.
17 825.1025(2) 2nd Lewd or lascivious battery upon
18 an elderly person or disabled
19 adult.
20 825.103(2)(b) 2nd Exploiting an elderly person or
21 disabled adult and property is
22 valued at $20,000 or more, but
23 less than $100,000.
24 827.03(3)(b) 2nd Neglect of a child causing great
25 bodily harm, disability, or
26 disfigurement.
27 827.04(4) 3rd Impregnation of a child under 16
28 years of age by person 21 years
29 of age or older.
30
31
21
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1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), or (2)(b)) within
9 1,000 feet of a child care
10 facility or school.
11 893.13(1)(e) 1st Sell, manufacture, or deliver
12 cocaine or other drug prohibited
13 under s. 893.03(1)(a), (1)(b),
14 (1)(d), (2)(a), or (2)(b), within
15 1,000 feet of property used for
16 religious services or a specified
17 business site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), or (2)(b) drugs).
21 893.135(1)(a)1. 1st Trafficking in cannabis, more
22 than 50 lbs., less than 2,000
23 lbs.
24 893.135
25 (1)(b)1.a. 1st Trafficking in cocaine, more than
26 28 grams, less than 200 grams.
27 893.135
28 (1)(c)1.a. 1st Trafficking in illegal drugs,
29 more than 4 grams, less than 14
30 grams.
31
22
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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.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 (h) LEVEL 8
16 316.193
17 (3)(c)4.
18 316.193
19 (3)(c)3.a. 1st2nd DUI manslaughter.
20 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
21 777.03(2)(a) 1st Accessory after the fact, capital
22 felony.
23 782.04(4) 2nd Killing of human without design
24 when engaged in act or attempt of
25 any felony other than arson,
26 sexual battery, robbery,
27 burglary, kidnapping, aircraft
28 piracy, or unlawfully discharging
29 bomb.
30
31
23
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1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(2) 2nd Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 2nd Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 806.01(1) 1st Maliciously damage dwelling or
19 structure by fire or explosive,
20 believing person in structure.
21 810.02(2)(a) 1st,PBL Burglary with assault or battery.
22 810.02(2)(b) 1st,PBL Burglary; armed with explosives
23 or dangerous weapon.
24 810.02(2)(c) 1st Burglary of a dwelling or
25 structure causing structural
26 damage or $1,000 or more property
27 damage.
28 812.13(2)(b) 1st Robbery with a weapon.
29 812.135(2) 1st Home-invasion robbery.
30 825.102(2) 2nd Aggravated abuse of an elderly
31 person or disabled adult.
24
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1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 827.03(2) 2nd Aggravated child abuse.
5 837.02(2) 2nd Perjury in official proceedings
6 relating to prosecution of a
7 capital felony.
8 837.021(2) 2nd Making contradictory statements
9 in official proceedings relating
10 to prosecution of a capital
11 felony.
12 860.121(2)(c) 1st Shooting at or throwing any
13 object in path of railroad
14 vehicle resulting in great bodily
15 harm.
16 860.16 1st Aircraft piracy.
17 893.13(1)(b) 1st Sell or deliver in excess of 10
18 grams of any substance specified
19 in s. 893.03(1)(a) or (b).
20 893.13(2)(b) 1st Purchase in excess of 10 grams of
21 any substance specified in s.
22 893.03(1)(a) or (b).
23 893.13(6)(c) 1st Possess in excess of 10 grams of
24 any substance specified in s.
25 893.03(1)(a) or (b).
26 893.135(1)(a)2. 1st Trafficking in cannabis, more
27 than 2,000 lbs., less than 10,000
28 lbs.
29 893.135
30 (1)(b)1.b. 1st Trafficking in cocaine, more than
31 200 grams, less than 400 grams.
25
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1 893.135
2 (1)(c)1.b. 1st Trafficking in illegal drugs,
3 more than 14 grams, less than 28
4 grams.
5 893.135
6 (1)(d)1.b. 1st Trafficking in phencyclidine,
7 more than 200 grams, less than
8 400 grams.
9 893.135
10 (1)(e)1.b. 1st Trafficking in methaqualone, more
11 than 5 kilograms, less than 25
12 kilograms.
13 893.135
14 (1)(f)1.b. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 893.135
18 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
19 grams or more, less than 28
20 grams.
21 895.03(1) 1st Use or invest proceeds derived
22 from pattern of racketeering
23 activity.
24 895.03(2) 1st Acquire or maintain through
25 racketeering activity any
26 interest in or control of any
27 enterprise or real property.
28 895.03(3) 1st Conduct or participate in any
29 enterprise through pattern of
30 racketeering activity.
31 (i) LEVEL 9
26
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1 316.193
2 (3)(c)3.b. 1st DUI manslaughter; failing to
3 render aid or give information.
4 782.04(1) 1st Attempt, conspire, or solicit to
5 commit premeditated murder.
6 782.04(3) 1st,PBL Accomplice to murder in
7 connection with arson, sexual
8 battery, robbery, burglary, and
9 other specified felonies.
10 782.051(1) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony enumerated in
13 s. 782.04(3).
14 782.07(2) 1st Aggravated manslaughter of an
15 elderly person or disabled adult.
16 782.07(3) 1st Aggravated manslaughter of a
17 child.
18 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
19 reward or as a shield or hostage.
20 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
21 or facilitate commission of any
22 felony.
23 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
24 interfere with performance of any
25 governmental or political
26 function.
27 787.02(3)(a) 1st False imprisonment; child under
28 age 13; perpetrator also commits
29 child abuse, sexual battery,
30 lewd, or lascivious act, etc.
31
27
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1 790.161 1st Attempted capital destructive
2 device offense.
3 794.011(2) 1st Attempted sexual battery; victim
4 less than 12 years of age.
5 794.011(2) Life Sexual battery; offender younger
6 than 18 years and commits sexual
7 battery on a person less than 12
8 years.
9 794.011(4) 1st Sexual battery; victim 12 years
10 or older, certain circumstances.
11 794.011(8)(b) 1st Sexual battery; engage in sexual
12 conduct with minor 12 to 18 years
13 by person in familial or
14 custodial authority.
15 812.13(2)(a) 1st,PBL Robbery with firearm or other
16 deadly weapon.
17 812.133(2)(a) 1st,PBL Carjacking; firearm or other
18 deadly weapon.
19 847.0145(1) 1st Selling, or otherwise
20 transferring custody or control,
21 of a minor.
22 847.0145(2) 1st Purchasing, or otherwise
23 obtaining custody or control, of
24 a minor.
25 859.01 1st Poisoning food, drink, medicine,
26 or water with intent to kill or
27 injure another person.
28 893.135 1st Attempted capital trafficking
29 offense.
30 893.135(1)(a)3. 1st Trafficking in cannabis, more
31 than 10,000 lbs.
28
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 Section 4. This act shall take effect October 1, 1999.
19
20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 CS for SB 94
22
23 Lowers the blood-alcohol level threshold for enhanced
penalties for Driving Under the Influence (DUI) and Boating
24 Under the Influence (BUI) from .20 (grams of alcohol per 210
liters of breath) to .16.
25
Applies the provisions in the Committee Substitute pertaining
26 to Driving Under the Influence to Boating Under the Influence.
27
28
29
30
31
29