Senate Bill 1506c1
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    Florida Senate - 2000                           CS for SB 1506
    By the Committee on Criminal Justice and Senator Diaz-Balart
    307-2114-00
  1                      A bill to be entitled
  2         An act relating to driving or boating under the
  3         influence of alcohol or controlled substances;
  4         amending s. 316.193, F.S.; reducing the number
  5         of convictions required for a felony DUI;
  6         amending conditions for conviction in cases of
  7         accident, serious bodily injury, or death;
  8         removing a cross-reference; allowing a law
  9         enforcement officer to place a person in
10         protective custody under certain circumstances;
11         requiring a person placed in protective custody
12         to pay reasonable costs of evaluation and
13         treatment under certain circumstances; amending
14         s. 316.1932, F.S.; requiring a law enforcement
15         officer to inform a person that refusal to
16         submit to certain tests is a misdemeanor;
17         amending s. 316.1933, F.S.; requiring a person
18         to submit to a blood test under certain
19         circumstances; providing that the test need not
20         be incidental to a lawful arrest; providing
21         that a breath alcohol test may substitute for a
22         blood alcohol test under certain circumstances;
23         creating s. 316.1939, F.S.; providing a penalty
24         for refusing to submit to a chemical test of
25         breath, urine, or blood; providing application;
26         amending s. 327.35, F.S.; reducing the number
27         of convictions required for a felony BUI;
28         amending conditions for conviction in cases of
29         accident, serious bodily injury, or death;
30         correcting cross-references; allowing a law
31         enforcement officer to place a person in
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    Florida Senate - 2000                           CS for SB 1506
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  1         protective custody under certain circumstances;
  2         requiring a person placed in protective custody
  3         to pay reasonable costs of evaluation and
  4         treatment under certain circumstances; amending
  5         s. 327.352, F.S.; requiring a law enforcement
  6         officer to inform a person that refusal to
  7         submit to certain tests is a misdemeanor;
  8         amending s. 327.353, F.S.; requiring a person
  9         to submit to a blood test under certain
10         circumstances; providing that the test need not
11         be incidental to a lawful arrest; providing
12         that a breath alcohol test may substitute for a
13         blood alcohol test under certain circumstances;
14         creating s. 327.359, F.S.; providing a penalty
15         for refusing to submit to a chemical test of
16         breath, urine, or blood; providing application;
17         creating s. 397.6755, F.S.; specifying grounds
18         for which a court may determine that criteria
19         exist for involuntary admission and treatment
20         of certain persons; requiring payment for such
21         evaluation and treatment from a certain fund;
22         requiring persons placed in such involuntary
23         custody to reimburse the provider of services
24         under certain circumstances; amending s.
25         921.0022, F.S.; including certain BUI offenses
26         within the offense severity ranking chart;
27         amending s. 938.07, F.S.; providing for
28         application of a fee to persons found guilty of
29         boating under the influence; correcting a
30         cross-reference; providing an effective date.
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    Florida Senate - 2000                           CS for SB 1506
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  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Subsections (2), (3), (4), and (9) of
  4  section 316.193, Florida Statutes, are amended to read:
  5         316.193  Driving under the influence; penalties.--
  6         (2)(a)  Except as provided in paragraph (b), subsection
  7  (3), or subsection (4), any person who is convicted of a
  8  violation of subsection (1) shall be punished:
  9         1.  By a fine of:
10         a.  Not less than $250 or more than $500 for a first
11  conviction.
12         b.  Not less than $500 or more than $1,000 for a second
13  conviction.
14         c.  Not less than $1,000 or more than $2,500 for a
15  third conviction; and
16         2.  By imprisonment for:
17         a.  Not more than 6 months for a first conviction.
18         b.  Not more than 9 months for a second conviction.
19         c.  Not more than 12 months for a third conviction.
20         (b)  Any person who is convicted of a third fourth or
21  subsequent violation of this section is guilty of a felony of
22  the third degree, punishable as provided in s. 775.082, s.
23  775.083, or s. 775.084; however, the fine imposed for such
24  third fourth or subsequent violation may be not less than
25  $1,000.
26         (3)  Any person:
27         (a)  Who is in violation of subsection (1);
28         (b)  Who operates a vehicle; and
29         (c)  Who, by reason of such operation, causes or
30  contributes to the cause of:
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  1         1.  Damage to the property or person of another commits
  2  a misdemeanor of the first degree, punishable as provided in
  3  s. 775.082 or s. 775.083.
  4         2.  Serious bodily injury to another, as defined in s.
  5  316.1933, commits a felony of the third degree, punishable as
  6  provided in s. 775.082, s. 775.083, or s. 775.084.
  7         3.  The death of any human being commits DUI
  8  manslaughter, and commits:
  9         a.  A felony of the second degree, punishable as
10  provided in s. 775.082, s. 775.083, or s. 775.084.
11         b.  A felony of the first degree, punishable as
12  provided in s. 775.082, s. 775.083, or s. 775.084, if:
13         (I)  At the time of the crash, the person knew, or
14  should have known, that the crash occurred; and
15         (II)  The person failed to give information and render
16  aid as required by s. 316.062.
17         (4)  Any person who is convicted of a violation of
18  subsection (1) and who has a blood-alcohol level or
19  breath-alcohol level of 0.20 or higher, or any person who is
20  convicted of a violation of subsection (1) and who at the time
21  of the offense was accompanied in the vehicle by a person
22  under the age of 18 years, shall be punished:
23         (a)  By a fine of:
24         1.  Not less than $500 or more than $1,000 for a first
25  conviction.
26         2.  Not less than $1,000 or more than $2,000 for a
27  second conviction.
28         3.  Not less than $2,000 or more than $5,000 for a
29  third or subsequent conviction.
30         (b)  By imprisonment for:
31         1.  Not more than 9 months for a first conviction.
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  1         2.  Not more than 12 months for a second conviction.
  2         3.  Not more than 12 months for a third conviction.
  3
  4  For the purposes of this subsection, any conviction for a
  5  violation of s. 327.35, only the instant offense is required
  6  to be a violation of subsection (1) by a person who has a
  7  blood-alcohol level or breath-alcohol level of 0.20 or higher.
  8         (9)(a)  A person who is arrested for a violation of
  9  this section may not be released from custody:
10         1.(a)  Until the person is no longer under the
11  influence of alcoholic beverages, any chemical substance set
12  forth in s. 877.111, or any substance controlled under chapter
13  893 and affected to the extent that his or her normal
14  faculties are impaired;
15         2.(b)  Until the person's blood-alcohol level or
16  breath-alcohol level is less than 0.05; or
17         3.(c)  Until 8 hours have elapsed from the time the
18  person was arrested.
19         (b)  The arresting officer may place the person in
20  protective custody pursuant to s. 397.6772 if:
21         1.  The person has previously been convicted of a
22  violation of this section or s. 327.35;
23         2.  The person's blood-alcohol level or breath-alcohol
24  level, as determined by a test conducted incident to the
25  person's arrest, was 0.20 or greater;
26         3.  The person, by reason of operation of a motor
27  vehicle, has caused death or serious bodily injury as defined
28  in s. 316.1933; or
29         4.  The person is on pretrial release for a previous
30  offense under this section or s. 327.35.
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  1  The election to place a person in protective custody may be
  2  done at the time of arrest but transfer of the person to a
  3  facility shall not occur prior to the conclusion of the time
  4  period set forth in paragraph (a) or the time that the person
  5  is released on bail, whichever is later.  The provisions of
  6  this paragraph are in addition to, not in lieu of, the
  7  provisions of subsection (5).  A court shall order any person
  8  placed in protective custody pursuant to this paragraph who is
  9  subsequently convicted of a violation of this section to pay
10  the reasonable costs of evaluation and treatment.
11         Section 2.  Section 316.1932, Florida Statutes, is
12  amended to read:
13         316.1932  Breath, blood, and urine tests for alcohol,
14  chemical substances, or controlled substances; implied
15  consent; refusal right to refuse.--
16         (1)(a)  Any person who accepts the privilege extended
17  by the laws of this state of operating a motor vehicle within
18  this state is, by so operating such vehicle, deemed to have
19  given his or her consent to submit to an approved chemical
20  test or physical test including, but not limited to, an
21  infrared light test of his or her breath for the purpose of
22  determining the alcoholic content of his or her blood or
23  breath, and to a urine test for the purpose of detecting the
24  presence of chemical substances as set forth in s. 877.111 or
25  controlled substances, if the person is lawfully arrested for
26  any offense allegedly committed while the person was driving
27  or was in actual physical control of a motor vehicle while
28  under the influence of alcoholic beverages, chemical
29  substances, or controlled substances.  The chemical or
30  physical breath test must be incidental to a lawful arrest and
31  administered at the request of a law enforcement officer who
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  1  has reasonable cause to believe such person was driving or was
  2  in actual physical control of the motor vehicle within this
  3  state while under the influence of alcoholic beverages. The
  4  urine test must be incidental to a lawful arrest and
  5  administered at a detention facility or any other facility,
  6  mobile or otherwise, which is equipped to administer such
  7  tests at the request of a law enforcement officer who has
  8  reasonable cause to believe such person was driving or was in
  9  actual physical control of a motor vehicle within this state
10  while under the influence of controlled substances. The urine
11  test shall be administered at a detention facility or any
12  other facility, mobile or otherwise, which is equipped to
13  administer such tests in a reasonable manner that will ensure
14  the accuracy of the specimen and maintain the privacy of the
15  individual involved. The administration of one type of test
16  does not preclude the administration of another type of test.
17  The person shall be told that his or her failure to submit to
18  any lawful test of his or her breath or urine, or both, is a
19  misdemeanor and, in addition, will result in the suspension of
20  the person's privilege to operate a motor vehicle for a period
21  of 1 year for a first refusal, or for a period of 18 months if
22  the driving privilege of such person has been previously
23  suspended as a result of a refusal to submit to such a test or
24  tests.  The refusal to submit to a chemical or physical breath
25  test or to a urine test upon the request of a law enforcement
26  officer as provided in this section is admissible into
27  evidence in any criminal proceeding.
28         (b)1.  The blood-alcohol level must be based upon grams
29  of alcohol per 100 milliliters of blood. The breath-alcohol
30  level must be based upon grams of alcohol per 210 liters of
31  breath.
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  1         2.  An analysis of a person's breath, in order to be
  2  considered valid under this section, must have been performed
  3  substantially according to methods approved by the Department
  4  of Law Enforcement.  For this purpose, the department may
  5  approve satisfactory techniques or methods.  Any insubstantial
  6  differences between approved techniques and actual testing
  7  procedures in any individual case do not render the test or
  8  test results invalid.
  9         (c)  Any person who accepts the privilege extended by
10  the laws of this state of operating a motor vehicle within
11  this state is, by operating such vehicle, deemed to have given
12  his or her consent to submit to an approved blood test for the
13  purpose of determining the alcoholic content of the blood or a
14  blood test for the purpose of determining the presence of
15  chemical substances or controlled substances as provided in
16  this section if there is reasonable cause to believe the
17  person was driving or in actual physical control of a motor
18  vehicle while under the influence of alcoholic beverages or
19  chemical or controlled substances and the person appears for
20  treatment at a hospital, clinic, or other medical facility and
21  the administration of a breath or urine test is impractical or
22  impossible. As used in this paragraph, the term "other medical
23  facility" includes an ambulance or other medical emergency
24  vehicle. The blood test shall be performed in a reasonable
25  manner. Any person who is incapable of refusal by reason of
26  unconsciousness or other mental or physical condition is
27  deemed not to have withdrawn his or her consent to such test.
28  A blood test may be administered whether or not the person is
29  told that his or her failure to submit to such a blood test is
30  a misdemeanor and, in addition, will result in the suspension
31  of the person's privilege to operate a motor vehicle upon the
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  1  public highways of this state.  Any person who is capable of
  2  refusal shall be told that his or her failure to submit to
  3  such a blood test is a misdemeanor and, in addition, will
  4  result in the suspension of the person's privilege to operate
  5  a motor vehicle for a period of 1 year for a first refusal, or
  6  for a period of 18 months if the driving privilege of the
  7  person has been suspended previously as a result of a refusal
  8  to submit to such a test or tests.  The refusal to submit to a
  9  blood test upon the request of a law enforcement officer is
10  admissible in evidence in any criminal proceeding.
11         (d)  If the arresting officer does not request a
12  chemical or physical breath test of the person arrested for
13  any offense allegedly committed while the person was driving
14  or was in actual physical control of a motor vehicle while
15  under the influence of alcoholic beverages or controlled
16  substances, such person may request the arresting officer to
17  have a chemical or physical test made of the arrested person's
18  breath or a test of the urine or blood for the purpose of
19  determining the alcoholic content of the person's blood or
20  breath or the presence of chemical substances or controlled
21  substances; and, if so requested, the arresting officer shall
22  have the test performed.
23         (e)1.  By applying for a driver's license and by
24  accepting and using a driver's license, the person holding the
25  driver's license is deemed to have expressed his or her
26  consent to the provisions of this section.
27         2.  A nonresident or any other person driving in a
28  status exempt from the requirements of the driver's license
29  law, by his or her act of driving in such exempt status, is
30  deemed to have expressed his or her consent to the provisions
31  of this section.
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  1         3.  A warning of the consent provision of this section
  2  shall be printed above the signature line on each new or
  3  renewed driver's license.
  4         (f)1.  The tests determining the weight of alcohol in
  5  the defendant's blood or breath shall be administered at the
  6  request of a law enforcement officer substantially in
  7  accordance with rules of the Department of Law Enforcement.
  8  Such rules must specify precisely the test or tests that are
  9  approved by the Department of Law Enforcement for reliability
10  of result and ease of administration, and must provide an
11  approved method of administration which must be followed in
12  all such tests given under this section.  However, the failure
13  of a law enforcement officer to request the withdrawal of
14  blood does not affect the admissibility of a test of blood
15  withdrawn for medical purposes.
16         2.a.  Only a physician, certified paramedic, registered
17  nurse, licensed practical nurse, other personnel authorized by
18  a hospital to draw blood, or duly licensed clinical laboratory
19  director, supervisor, technologist, or technician, acting at
20  the request of a law enforcement officer, may withdraw blood
21  for the purpose of determining its alcoholic content or the
22  presence of chemical substances or controlled substances
23  therein. However, the failure of a law enforcement officer to
24  request the withdrawal of blood does not affect the
25  admissibility of a test of blood withdrawn for medical
26  purposes.
27         b.  Notwithstanding any provision of law pertaining to
28  the confidentiality of hospital records or other medical
29  records, if a health care provider, who is providing medical
30  care in a health care facility to a person injured in a motor
31  vehicle crash, becomes aware, as a result of any blood test
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  1  performed in the course of that medical treatment, that the
  2  person's blood-alcohol level meets or exceeds the
  3  blood-alcohol level specified in s. 316.193(1)(b), the health
  4  care provider may notify any law enforcement officer or law
  5  enforcement agency. Any such notice must be given within a
  6  reasonable time after the health care provider receives the
  7  test result. Any such notice shall be used only for the
  8  purpose of providing the law enforcement officer with
  9  reasonable cause to request the withdrawal of a blood sample
10  pursuant to this section.
11         c.  The notice shall consist only of the name of the
12  person being treated, the name of the person who drew the
13  blood, the blood-alcohol level indicated by the test, and the
14  date and time of the administration of the test.
15         d.  Nothing contained in s. 395.3025(4), s. 455.667, or
16  any applicable practice act affects the authority to provide
17  notice under this section, and the health care provider is not
18  considered to have breached any duty owed to the person under
19  s. 395.3025(4), s. 455.667, or any applicable practice act by
20  providing notice or failing to provide notice. It shall not be
21  a breach of any ethical, moral, or legal duty for a health
22  care provider to provide notice or fail to provide notice.
23         e.  A civil, criminal, or administrative action may not
24  be brought against any person or health care provider
25  participating in good faith in the provision of notice or
26  failure to provide notice as provided in this section. Any
27  person or health care provider participating in the provision
28  of notice or failure to provide notice as provided in this
29  section shall be immune from any civil or criminal liability
30  and from any professional disciplinary action with respect to
31  the provision of notice or failure to provide notice under
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  1  this section. Any such participant has the same immunity with
  2  respect to participating in any judicial proceedings resulting
  3  from the notice or failure to provide notice.
  4         3.  The person tested may, at his or her own expense,
  5  have a physician, registered nurse, other personnel authorized
  6  by a hospital to draw blood, or duly licensed clinical
  7  laboratory director, supervisor, technologist, or technician,
  8  or other person of his or her own choosing administer an
  9  independent test in addition to the test administered at the
10  direction of the law enforcement officer for the purpose of
11  determining the amount of alcohol in the person's blood or
12  breath or the presence of chemical substances or controlled
13  substances at the time alleged, as shown by chemical analysis
14  of his or her blood or urine, or by chemical or physical test
15  of his or her breath. The failure or inability to obtain an
16  independent test by a person does not preclude the
17  admissibility in evidence of the test taken at the direction
18  of the law enforcement officer.  The law enforcement officer
19  shall not interfere with the person's opportunity to obtain
20  the independent test and shall provide the person with timely
21  telephone access to secure the test, but the burden is on the
22  person to arrange and secure the test at the person's own
23  expense.
24         4.  Upon the request of the person tested, full
25  information concerning the test taken at the direction of the
26  law enforcement officer shall be made available to the person
27  or his or her attorney.
28         5.  A hospital, clinical laboratory, medical clinic, or
29  similar medical institution or physician, certified paramedic,
30  registered nurse, licensed practical nurse, other personnel
31  authorized by a hospital to draw blood, or duly licensed
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  1  clinical laboratory director, supervisor, technologist, or
  2  technician, or other person assisting a law enforcement
  3  officer does not incur any civil or criminal liability as a
  4  result of the withdrawal or analysis of a blood or urine
  5  specimen, or the chemical or physical test of a person's
  6  breath pursuant to accepted medical standards when requested
  7  by a law enforcement officer, regardless of whether or not the
  8  subject resisted administration of the test.
  9         (2)  The results of any test administered pursuant to
10  this section for the purpose of detecting the presence of any
11  controlled substance shall not be admissible as evidence in a
12  criminal prosecution for the possession of a controlled
13  substance.
14         (3)  Notwithstanding any provision of law pertaining to
15  the confidentiality of hospital records or other medical
16  records, information relating to the alcoholic content of the
17  blood or breath or the presence of chemical substances or
18  controlled substances in the blood obtained pursuant to this
19  section shall be released to a court, prosecuting attorney,
20  defense attorney, or law enforcement officer in connection
21  with an alleged violation of s. 316.193 upon request for such
22  information.
23         Section 3.  Subsection (1) of section 316.1933, Florida
24  Statutes, is amended to read:
25         316.1933  Blood test for impairment or intoxication in
26  cases of death or serious bodily injury; right to use
27  reasonable force.--
28         (1)(a)  Notwithstanding any recognized ability to
29  refuse to submit to the tests provided in s. 316.1932 or any
30  recognized power to revoke the implied consent to such tests,
31  If a law enforcement officer has probable cause to believe
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  1  that a motor vehicle driven by or in the actual physical
  2  control of a person under the influence of alcoholic
  3  beverages, any chemical substances, or any controlled
  4  substances has caused the death or serious bodily injury of a
  5  human being, such person shall submit, upon the request of a
  6  law enforcement officer shall require the person driving or in
  7  actual physical control of the motor vehicle to submit, to a
  8  test of the person's blood for the purpose of determining the
  9  alcoholic content thereof or the presence of chemical
10  substances as set forth in s. 877.111 or any substance
11  controlled under chapter 893.  The law enforcement officer may
12  use reasonable force if necessary to require such person to
13  submit to the administration of the blood test.  The blood
14  test shall be performed in a reasonable manner.
15  Notwithstanding s. 316.1932, the testing required by this
16  paragraph need not be incidental to a lawful arrest of the
17  person.
18         (b)  The term "serious bodily injury" means an injury
19  to any person, including the driver, which consists of a
20  physical condition that creates a substantial risk of death,
21  serious personal disfigurement, or protracted loss or
22  impairment of the function of any bodily member or organ.
23         (c)  The law enforcement officer shall offer any person
24  subject to a blood test under this subsection the opportunity
25  to submit to an approved chemical test of the person's breath
26  and, if the person submits to the test and a valid reading is
27  obtained, the blood test shall be waived.  This paragraph
28  shall not apply to any person who is unconscious or whose
29  mental or physical condition does not allow the administration
30  of a breath test or any person whom the law enforcement
31  officer has probable cause to believe was operating a motor
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  1  vehicle under the influence of any chemical substances as set
  2  forth in s. 877.111 or any controlled substances.
  3         Section 4.  Section 316.1939, Florida Statutes, is
  4  created to read:
  5         316.1939  Refusal to submit to testing; penalties.--
  6         (1)  Any person who refuses to submit to a chemical or
  7  physical test of his or her breath, blood, or urine, as
  8  described in s. 316.1932, and:
  9         (a)  Whom the arresting law enforcement officer had
10  probable cause to believe was driving or in actual physical
11  control of a motor vehicle in this state while under the
12  influence of alcoholic beverages or controlled substances;
13         (b)  Who was placed under lawful arrest for a violation
14  of s. 316.193, unless such test was requested pursuant to s.
15  316.1932(1)(c);
16         (c)  Who was informed that if he or she refused to
17  submit to such test his or her privilege to operate a motor
18  vehicle would be suspended for a period of 1 year or, in the
19  case of a second or subsequent refusal, for a period of 18
20  months, and that the refusal to submit to such test is a
21  misdemeanor; and
22         (d)  Who, after having been so informed, refused to
23  submit to any such test when requested to do so by a law
24  enforcement officer or correctional officer
25
26  commits a misdemeanor of the first degree and is subject to
27  punishment as provided in s. 775.082 or s. 775.083.
28         (2)  The disposition of any administrative proceeding
29  that relates to the suspension of a person's driving privilege
30  does not affect a criminal action under this section.
31
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  1         (3)  The disposition of a criminal action under this
  2  section does not affect any administrative proceeding that
  3  relates to the suspension of a person's driving privilege.
  4         Section 5.  Subsections (2), (3), (4), and (8) of
  5  section 327.35, Florida Statutes, are amended to read:
  6         327.35  Boating under the influence; penalties;
  7  "designated drivers".--
  8         (2)(a)  Except as provided in paragraph (b), subsection
  9  (3), or subsection (4), any person who is convicted of a
10  violation of subsection (1) shall be punished:
11         1.  By a fine of:
12         a.  Not less than $250 or more than $500 for a first
13  conviction.
14         b.  Not less than $500 or more than $1,000 for a second
15  conviction.
16         c.  Not less than $1,000 or more than $2,500 for a
17  third conviction; and
18         2.  By imprisonment for:
19         a.  Not more than 6 months for a first conviction.
20         b.  Not more than 9 months for a second conviction.
21         c.  Not more than 12 months for a third conviction.
22         (b)  Any person who is convicted of a third fourth or
23  subsequent violation of this section is guilty of a felony of
24  the third degree, punishable as provided in s. 775.082, s.
25  775.083, or s. 775.084; however, the fine imposed for such
26  third fourth or subsequent violation may not be less than
27  $1,000.
28         (3)  Any person:
29         (a)  Who is in violation of subsection (1);
30         (b)  Who operates a vessel; and
31
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  1         (c)  Who, by reason of such operation, causes or
  2  contributes to the cause of:
  3         1.  Damage to the property or person of another commits
  4  a misdemeanor of the first degree, punishable as provided in
  5  s. 775.082 or s. 775.083.
  6         2.  Serious bodily injury to another, as defined in s.
  7  327.353 316.1933, commits a felony of the third degree,
  8  punishable as provided in s. 775.082, s. 775.083, or s.
  9  775.084.
10         3.  The death of any human being commits BUI
11  manslaughter, and commits:
12         a.  A felony of the second degree, punishable as
13  provided in s. 775.082, s. 775.083, or s. 775.084.
14         b.  A felony of the first degree, punishable as
15  provided in s. 775.082, s. 775.083, or s. 775.084, if:
16         (I)  At the time of the accident, the person knew, or
17  should have known, that the accident occurred; and
18         (II)  The person failed to give information and render
19  aid as required by s. 327.30 316.062.
20
21  This sub-subparagraph does not require that the person knew
22  that the accident resulted in injury or death.
23         (4)  Any person who is convicted of a violation of
24  subsection (1) and who has a blood-alcohol level or
25  breath-alcohol level of 0.20 or higher, or any person who is
26  convicted of a violation of subsection (1) and who at the time
27  of the offense was accompanied in the vessel by a person under
28  the age of 18 years, shall be punished:
29         (a)  By a fine of:
30         1.  Not less than $500 or more than $1,000 for a first
31  conviction.
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  1         2.  Not less than $1,000 or more than $2,000 for a
  2  second conviction.
  3         3.  Not less than $2,000 or more than $5,000 for a
  4  third or subsequent conviction.
  5         (b)  By imprisonment for:
  6         1.  Not more than 9 months for a first conviction.
  7         2.  Not more than 12 months for a second conviction.
  8         3.  Not more than 12 months for a third conviction.
  9
10  For the purposes of this subsection, only the instant offense
11  is required to be a violation of subsection (1) by a person
12  who has a blood-alcohol level or breath-alcohol level of 0.20
13  or higher.
14         (8)(a)  A person who is arrested for a violation of
15  this section may not be released from custody:
16         1.(a)  Until the person is no longer under the
17  influence of alcoholic beverages, any chemical substance set
18  forth in s. 877.111, or any substance controlled under chapter
19  893 and affected to the extent that his or her normal
20  faculties are impaired;
21         2.(b)  Until the person's blood-alcohol level or
22  breath-alcohol level is less than 0.05; or
23         3.(c)  Until 8 hours have elapsed from the time the
24  person was arrested.
25         (b)  The arresting officer may place the person in
26  protective custody pursuant to s. 397.6772 if:
27         1.  The person has previously been convicted of a
28  violation of this section or s. 316.193;
29         2.  The person's blood-alcohol level or breath-alcohol
30  level, as determined by a test conducted incident to the
31  person's arrest, was 0.20 or greater;
                                  18
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  1         3.  The person, by reason of operation of a vessel, has
  2  caused death or serious bodily injury as defined in s.
  3  327.353; or
  4         4.  The person is on pretrial release for a previous
  5  offense under this section or s. 316.193.
  6
  7  The election to place a person in protective custody may be
  8  done at the time of arrest but transfer of the person to a
  9  facility shall not occur prior to the conclusion of the time
10  period set forth in paragraph (a).  The provisions of this
11  paragraph are in addition to, not in lieu of, the provisions
12  of subsection (5).  A court shall order any person placed in
13  protective custody pursuant to this paragraph, who is
14  subsequently convicted of a violation of this section, to pay
15  the reasonable costs of evaluation and treatment.
16         Section 6.  Section 327.352, Florida Statutes, is
17  amended to read:
18         327.352  Breath, blood, and urine tests for alcohol,
19  chemical substances, or controlled substances; implied
20  consent; refusal right to refuse.--
21         (1)(a)  The Legislature declares that the operation of
22  a vessel is a privilege that must be exercised in a reasonable
23  manner. In order to protect the public health and safety, it
24  is essential that a lawful and effective means of reducing the
25  incidence of boating while impaired or intoxicated be
26  established. Therefore, any person who accepts the privilege
27  extended by the laws of this state of operating a vessel
28  within this state is, by so operating such vessel, deemed to
29  have given his or her consent to submit to an approved
30  chemical test or physical test including, but not limited to,
31  an infrared light test of his or her breath for the purpose of
                                  19
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  1  determining the alcoholic content of his or her blood or
  2  breath, and to a urine test for the purpose of detecting the
  3  presence of chemical substances as set forth in s. 877.111 or
  4  controlled substances, if the person is lawfully arrested for
  5  any offense allegedly committed while the person was operating
  6  a vessel while under the influence of alcoholic beverages,
  7  chemical substances, or controlled substances.  The chemical
  8  or physical breath test must be incidental to a lawful arrest
  9  and administered at the request of a law enforcement officer
10  who has reasonable cause to believe such person was operating
11  the vessel within this state while under the influence of
12  alcoholic beverages. The urine test must be incidental to a
13  lawful arrest and administered at a detention facility or any
14  other facility, mobile or otherwise, which is equipped to
15  administer such tests at the request of a law enforcement
16  officer who has reasonable cause to believe such person was
17  operating a vessel within this state while under the influence
18  of controlled substances. The urine test shall be administered
19  at a detention facility or any other facility, mobile or
20  otherwise, which is equipped to administer such tests in a
21  reasonable manner that will ensure the accuracy of the
22  specimen and maintain the privacy of the individual involved.
23  The administration of one type of test does not preclude the
24  administration of another type of test.  The person shall be
25  told that his or her failure to submit to any lawful test of
26  his or her breath or urine, or both, is a misdemeanor and, in
27  addition, will result in a civil penalty of $500. The refusal
28  to submit to a chemical or physical breath or urine test upon
29  the request of a law enforcement officer as provided in this
30  section is admissible into evidence in any criminal
31  proceeding.
                                  20
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  1         (b)1.  The blood-alcohol level must be based upon grams
  2  of alcohol per 100 milliliters of blood. The breath-alcohol
  3  level must be based upon grams of alcohol per 210 liters of
  4  breath.
  5         2.  An analysis of a person's breath, in order to be
  6  considered valid under this section, must have been performed
  7  substantially according to methods approved by the Department
  8  of Law Enforcement.  For this purpose, the department may
  9  approve satisfactory techniques or methods.  Any insubstantial
10  differences between approved techniques and actual testing
11  procedures in any individual case do not render the test or
12  test results invalid.
13         (c)  Any person who accepts the privilege extended by
14  the laws of this state of operating a vessel within this state
15  is, by operating such vessel, deemed to have given his or her
16  consent to submit to an approved blood test for the purpose of
17  determining the alcoholic content of the blood or a blood test
18  for the purpose of determining the presence of chemical
19  substances or controlled substances as provided in this
20  section if there is reasonable cause to believe the person was
21  operating a vessel while under the influence of alcoholic
22  beverages or chemical or controlled substances and the person
23  appears for treatment at a hospital, clinic, or other medical
24  facility and the administration of a breath or urine test is
25  impractical or impossible. As used in this paragraph, the term
26  "other medical facility" includes an ambulance or other
27  medical emergency vehicle. The blood test shall be performed
28  in a reasonable manner.  Any person who is incapable of
29  refusal by reason of unconsciousness or other mental or
30  physical condition is deemed not to have withdrawn his or her
31  consent to such test. Any person who is capable of refusal
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  1  shall be told that his or her failure to submit to such a
  2  blood test is a misdemeanor and, in addition, will result in a
  3  civil penalty of $500. The refusal to submit to a blood test
  4  upon the request of a law enforcement officer shall be
  5  admissible in evidence in any criminal proceeding.
  6         (d)  If the arresting officer does not request a
  7  chemical or physical breath test of the person arrested for
  8  any offense allegedly committed while the person was operating
  9  a vessel while under the influence of alcoholic beverages or
10  controlled substances, the person may request the arresting
11  officer to have a chemical or physical test made of the
12  arrested person's breath or a test of the urine or blood for
13  the purpose of determining the alcoholic content of the
14  person's blood or breath or the presence of chemical
15  substances or controlled substances; and, if so requested, the
16  arresting officer shall have the test performed.
17         (e)1.  The tests determining the weight of alcohol in
18  the defendant's blood or breath shall be administered at the
19  request of a law enforcement officer substantially in
20  accordance with rules of the Department of Law Enforcement.
21  Such rules must specify precisely the test or tests that are
22  approved by the Department of Law Enforcement for reliability
23  of result and ease of administration, and must provide an
24  approved method of administration which must be followed in
25  all such tests given under this section.  However, the failure
26  of a law enforcement officer to request the withdrawal of
27  blood does not affect the admissibility of a test of blood
28  withdrawn for medical purposes.
29         2.  Only a physician, certified paramedic, registered
30  nurse, licensed practical nurse, other personnel authorized by
31  a hospital to draw blood, or duly licensed clinical laboratory
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  1  director, supervisor, technologist, or technician, acting at
  2  the request of a law enforcement officer, may withdraw blood
  3  for the purpose of determining its alcoholic content or the
  4  presence of chemical substances or controlled substances
  5  therein. However, the failure of a law enforcement officer to
  6  request the withdrawal of blood does not affect the
  7  admissibility of a test of blood withdrawn for medical
  8  purposes.
  9         3.  The person tested may, at his or her own expense,
10  have a physician, registered nurse, other personnel authorized
11  by a hospital to draw blood, or duly licensed clinical
12  laboratory director, supervisor, technologist, or technician,
13  or other person of his or her own choosing administer an
14  independent test in addition to the test administered at the
15  direction of the law enforcement officer for the purpose of
16  determining the amount of alcohol in the person's blood or
17  breath or the presence of chemical substances or controlled
18  substances at the time alleged, as shown by chemical analysis
19  of his or her blood or urine, or by chemical or physical test
20  of his or her breath. The failure or inability to obtain an
21  independent test by a person does not preclude the
22  admissibility in evidence of the test taken at the direction
23  of the law enforcement officer.  The law enforcement officer
24  shall not interfere with the person's opportunity to obtain
25  the independent test and shall provide the person with timely
26  telephone access to secure the test, but the burden is on the
27  person to arrange and secure the test at the person's own
28  expense.
29         4.  Upon the request of the person tested, full
30  information concerning the test taken at the direction of the
31
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  1  law enforcement officer shall be made available to the person
  2  or his or her attorney.
  3         5.  A hospital, clinical laboratory, medical clinic, or
  4  similar medical institution or physician, certified paramedic,
  5  registered nurse, licensed practical nurse, other personnel
  6  authorized by a hospital to draw blood, or duly licensed
  7  clinical laboratory director, supervisor, technologist, or
  8  technician, or other person assisting a law enforcement
  9  officer does not incur any civil or criminal liability as a
10  result of the withdrawal or analysis of a blood or urine
11  specimen, or the chemical or physical test of a person's
12  breath pursuant to accepted medical standards when requested
13  by a law enforcement officer, regardless of whether or not the
14  subject resisted administration of the test.
15         (2)  The results of any test administered pursuant to
16  this section for the purpose of detecting the presence of any
17  controlled substance shall not be admissible as evidence in a
18  criminal prosecution for the possession of a controlled
19  substance.
20         (3)  Notwithstanding any provision of law pertaining to
21  the confidentiality of hospital records or other medical
22  records, information relating to the alcoholic content of the
23  blood or breath or the presence of chemical substances or
24  controlled substances in the blood obtained pursuant to this
25  section shall be released to a court, prosecuting attorney,
26  defense attorney, or law enforcement officer in connection
27  with an alleged violation of s. 327.35 upon request for such
28  information.
29         Section 7.  Subsection (1) of section 327.353, Florida
30  Statutes, is amended to read:
31
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  1         327.353  Blood test for impairment or intoxication in
  2  cases of death or serious bodily injury; right to use
  3  reasonable force.--
  4         (1)(a)  Notwithstanding any recognized ability to
  5  refuse to submit to the tests provided in s. 327.352 or any
  6  recognized power to revoke the implied consent to such tests,
  7  If a law enforcement officer has probable cause to believe
  8  that a vessel operated by a person under the influence of
  9  alcoholic beverages, any chemical substances, or any
10  controlled substances has caused the death or serious bodily
11  injury of a human being, the person shall submit, upon the
12  request of a law enforcement officer shall require the person
13  operating or in actual physical control of the vessel to
14  submit, to a test of the person's blood for the purpose of
15  determining the alcoholic content thereof or the presence of
16  chemical substances as set forth in s. 877.111 or any
17  substance controlled under chapter 893. The law enforcement
18  officer may use reasonable force if necessary to require the
19  person to submit to the administration of the blood test. The
20  blood test shall be performed in a reasonable manner.
21  Notwithstanding s. 327.352, the testing required by this
22  paragraph need not be incidental to a lawful arrest of the
23  person.
24         (b)  The term "serious bodily injury" means an injury
25  to any person, including the operator, which consists of a
26  physical condition that creates a substantial risk of death,
27  serious personal disfigurement, or protracted loss or
28  impairment of the function of any bodily member or organ.
29         (c)  The law enforcement officer shall offer any person
30  subject to a blood test under this subsection the opportunity
31  to submit to an approved chemical test of the person's breath
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  1  and, if the person submits to the test and a valid reading is
  2  obtained, the blood test shall be waived. This paragraph shall
  3  not apply to any person who is unconscious or whose mental or
  4  physical condition does not allow the administration of a
  5  breath test or any person whom the law enforcement officer has
  6  probable cause to believe was operating a vessel under the
  7  influence of any chemical substances as set forth in s.
  8  877.111 or any controlled substances.
  9         Section 8.  Section 327.359, Florida Statutes, is
10  created to read:
11         327.359  Refusal to submit to testing; penalties.--
12         (1)  Any person who refuses to submit to a chemical
13  test of his or her breath, blood, or urine, as described in s.
14  327.352, upon the request of a law enforcement officer who has
15  reasonable cause to believe such person was driving or was in
16  actual physical control of a vessel while under the influence
17  of alcoholic beverages, chemical substances, or controlled
18  substances, commits a misdemeanor of the first degree,
19  punishable as provided in s. 775.082 or s. 775.083.
20         (2)  The disposition of any administrative proceeding
21  that relates to the suspension of a person's driving privilege
22  does not affect a criminal action under this section.
23         (3)  The disposition of a criminal action under this
24  section does not affect any administrative proceeding that
25  relates to the suspension of a person's driving privilege.
26         Section 9.  Section 397.6755, Florida Statutes, is
27  created to read:
28         397.6755  Evidence of criteria for involuntary
29  admissions and involuntary treatment; funding.--
30         (1)  In addition to any other ground that may give rise
31  to a finding that a person has lost the power of self-control
                                  26
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  1  with respect to substance use and is likely to inflict
  2  physical harm on himself or herself or another, a court may
  3  find that a person has lost the power of self-control with
  4  respect to substance use and is likely to inflict physical
  5  harm on himself or herself or another if the person has been
  6  arrested for a violation of s. 316.193 or s. 327.35, and:
  7         (a)  The person has previous to the arrest been
  8  convicted of a violation of s. 316.193 or s. 327.35;
  9         (b)  The person's blood-alcohol level or breath-alcohol
10  level, as determined by a test conducted incident to the
11  person's arrest, was 0.20 or greater;
12         (c)  The person, by reason of operation of a motor
13  vehicle or a vessel, has caused death or serious bodily injury
14  as defined in s. 316.1933 or s. 327.353; or
15         (d)  The person is on pretrial release for a previous
16  offense under s. 316.193 or s. 327.35.
17         (2)  Any person who meets the criteria for involuntary
18  admission pursuant to s. 397.675, who was placed in protective
19  custody pursuant to s. 316.193(9)(b) or s. 327.35(8)(b), and
20  who is a qualified resident as defined in s. 212.055(4)(d)
21  shall have the costs of evaluation and treatment paid from the
22  fund established pursuant to s. 212.055(4)(e).  A court shall
23  order any person whose care is paid for under this subsection,
24  who is subsequently convicted of a violation of s. 316.193 or
25  s. 327.35, to reimburse the provider of the services for the
26  reasonable cost of the services provided and, if the person is
27  unable to reimburse the provider, a civil judgment in favor of
28  such fund shall be entered.
29         Section 10.  Paragraphs (f) and (i) of subsection (3)
30  of section 921.0022, Florida Statutes, are amended to read:
31
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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)      3rd      Felony DUI, 3rd 4th or subsequent
13                              conviction.
14  327.35(2)(b)       3rd      Felony BUI, 3rd or subsequent
15                              conviction.
16  775.0875(1)        3rd      Taking firearm from law
17                              enforcement officer.
18  775.21(10)         3rd      Sexual predators; failure to
19                              register; failure to renew
20                              driver's license or
21                              identification card.
22  784.021(1)(a)      3rd      Aggravated assault; deadly weapon
23                              without intent to kill.
24  784.021(1)(b)      3rd      Aggravated assault; intent to
25                              commit felony.
26  784.041            3rd      Felony battery.
27  784.048(3)         3rd      Aggravated stalking; credible
28                              threat.
29  784.048(5)         3rd      Aggravated stalking of person
30                              under 16.
31
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  1  784.07(2)(c)       2nd      Aggravated assault on law
  2                              enforcement officer.
  3  784.08(2)(b)       2nd      Aggravated assault on a person 65
  4                              years of age or older.
  5  784.081(2)         2nd      Aggravated assault on specified
  6                              official or employee.
  7  784.082(2)         2nd      Aggravated assault by detained
  8                              person on visitor or other
  9                              detainee.
10  784.083(2)         2nd      Aggravated assault on code
11                              inspector.
12  787.02(2)          3rd      False imprisonment; restraining
13                              with purpose other than those in
14                              s. 787.01.
15  790.115(2)(d)      2nd      Discharging firearm or weapon on
16                              school property.
17  790.161(2)         2nd      Make, possess, or throw
18                              destructive device with intent to
19                              do bodily harm or damage
20                              property.
21  790.164(1)         2nd      False report of deadly explosive
22                              or act of arson or violence to
23                              state property.
24  790.19             2nd      Shooting or throwing deadly
25                              missiles into dwellings, vessels,
26                              or vehicles.
27  794.011(8)(a)      3rd      Solicitation of minor to
28                              participate in sexual activity by
29                              custodial adult.
30  794.05(1)          2nd      Unlawful sexual activity with
31                              specified minor.
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  1  800.04(5)(d)       3rd      Lewd or lascivious molestation;
  2                              victim 12 years of age or older
  3                              but less than 16 years; offender
  4                              less than 18 years.
  5  800.04(6)(b)       2nd      Lewd or lascivious conduct;
  6                              offender 18 years of age or
  7                              older.
  8  806.031(2)         2nd      Arson resulting in great bodily
  9                              harm to firefighter or any other
10                              person.
11  810.02(3)(c)       2nd      Burglary of occupied structure;
12                              unarmed; no assault or battery.
13  812.014(2)(b)      2nd      Property stolen $20,000 or more,
14                              but less than $100,000, grand
15                              theft in 2nd degree.
16  812.13(2)(c)       2nd      Robbery, no firearm or other
17                              weapon (strong-arm robbery).
18  817.034(4)(a)1.    1st      Communications fraud, value
19                              greater than $50,000.
20  817.4821(5)        2nd      Possess cloning paraphernalia
21                              with intent to create cloned
22                              cellular telephones.
23  825.102(1)         3rd      Abuse of an elderly person or
24                              disabled adult.
25  825.102(3)(c)      3rd      Neglect of an elderly person or
26                              disabled adult.
27  825.1025(3)        3rd      Lewd or lascivious molestation of
28                              an elderly person or disabled
29                              adult.
30
31
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  1  825.103(2)(c)      3rd      Exploiting an elderly person or
  2                              disabled adult and property is
  3                              valued at less than $20,000.
  4  827.03(1)          3rd      Abuse of a child.
  5  827.03(3)(c)       3rd      Neglect of a child.
  6  827.071(2)&(3)     2nd      Use or induce a child in a sexual
  7                              performance, or promote or direct
  8                              such performance.
  9  836.05             2nd      Threats; extortion.
10  836.10             2nd      Written threats to kill or do
11                              bodily injury.
12  843.12             3rd      Aids or assists person to escape.
13  847.0135(3)        3rd      Solicitation of a child, via a
14                              computer service, to commit an
15                              unlawful sex act.
16  914.23             2nd      Retaliation against a witness,
17                              victim, or informant, with bodily
18                              injury.
19  943.0435(9)        3rd      Sex offenders; failure to comply
20                              with reporting requirements.
21  944.35(3)(a)2.     3rd      Committing malicious battery upon
22                              or inflicting cruel or inhuman
23                              treatment on an inmate or
24                              offender on community
25                              supervision, resulting in great
26                              bodily harm.
27  944.40             2nd      Escapes.
28  944.46             3rd      Harboring, concealing, aiding
29                              escaped prisoners.
30
31
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  1  944.47(1)(a)5.     2nd      Introduction of contraband
  2                              (firearm, weapon, or explosive)
  3                              into correctional facility.
  4  951.22(1)          3rd      Intoxicating drug, firearm, or
  5                              weapon introduced into county
  6                              facility.
  7                              (i)  LEVEL 9
  8  316.193
  9   (3)(c)3.b.        1st      DUI manslaughter; failing to
10                              render aid or give information.
11  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to
12                              render aid or give information.
13  782.04(1)          1st      Attempt, conspire, or solicit to
14                              commit premeditated murder.
15  782.04(3)          1st,PBL   Accomplice to murder in
16                              connection with arson, sexual
17                              battery, robbery, burglary, and
18                              other specified felonies.
19  782.051(1)         1st      Attempted felony murder while
20                              perpetrating or attempting to
21                              perpetrate a felony enumerated in
22                              s. 782.04(3).
23  782.07(2)          1st      Aggravated manslaughter of an
24                              elderly person or disabled adult.
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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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                           CS for SB 1506
    307-2114-00
  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                              aggravated child abuse, sexual
  8                              battery, or lewd or lascivious
  9                              battery, molestation, conduct, or
10                              exhibition.
11  790.161            1st      Attempted capital destructive
12                              device offense.
13  794.011(2)         1st      Attempted sexual battery; victim
14                              less than 12 years of age.
15  794.011(2)         Life     Sexual battery; offender younger
16                              than 18 years and commits sexual
17                              battery on a person less than 12
18                              years.
19  794.011(4)         1st      Sexual battery; victim 12 years
20                              or older, certain circumstances.
21  794.011(8)(b)      1st      Sexual battery; engage in sexual
22                              conduct with minor 12 to 18 years
23                              by person in familial or
24                              custodial authority.
25  800.04(5)(b)       1st      Lewd or lascivious molestation;
26                              victim less than 12 years;
27                              offender 18 years or older.
28  812.13(2)(a)       1st,PBL  Robbery with firearm or other
29                              deadly weapon.
30  812.133(2)(a)      1st,PBL  Carjacking; firearm or other
31                              deadly weapon.
                                  33
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                           CS for SB 1506
    307-2114-00
  1  827.03(2)          1st      Aggravated child abuse.
  2  847.0145(1)        1st      Selling, or otherwise
  3                              transferring custody or control,
  4                              of a minor.
  5  847.0145(2)        1st      Purchasing, or otherwise
  6                              obtaining custody or control, of
  7                              a minor.
  8  859.01             1st      Poisoning food, drink, medicine,
  9                              or water with intent to kill or
10                              injure another person.
11  893.135            1st      Attempted capital trafficking
12                              offense.
13  893.135(1)(a)3.    1st      Trafficking in cannabis, more
14                              than 10,000 lbs.
15  893.135
16   (1)(b)1.c.        1st      Trafficking in cocaine, more than
17                              400 grams, less than 150
18                              kilograms.
19  893.135
20   (1)(c)1.c.        1st      Trafficking in illegal drugs,
21                              more than 28 grams, less than 30
22                              kilograms.
23  893.135
24   (1)(d)1.c.        1st      Trafficking in phencyclidine,
25                              more than 400 grams.
26  893.135
27   (1)(e)1.c.        1st      Trafficking in methaqualone, more
28                              than 25 kilograms.
29  893.135
30   (1)(f)1.c.        1st      Trafficking in amphetamine, more
31                              than 200 grams.
                                  34
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                           CS for SB 1506
    307-2114-00
  1         Section 11.  Section 938.07, Florida Statutes, is
  2  amended to read:
  3         938.07  Driving or boating under the
  4  influence.--Notwithstanding any other provision of s. 316.193
  5  or s. 327.35, a court cost of $135 shall be added to any fine
  6  imposed pursuant to s. 316.193 or s. 327.35, of which $25
  7  shall be deposited in the Emergency Medical Services Trust
  8  Fund, $50 shall be deposited in the Criminal Justice Standards
  9  and Training Trust Fund of the Department of Law Enforcement
10  to be used for operational expenses in conducting the
11  statewide criminal analysis laboratory system established in
12  s. 943.32, and $60 shall be deposited in the Brain and Spinal
13  Cord Injury Rehabilitation Trust Fund created in s. 381.79
14  413.613.
15         Section 12.  This act shall take effect January 1,
16  2001.
17
18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1506
20
21  -     Deletes appropriation to FDLE.
22  -     Requires probable cause to believe the driver is under
          the influence before a law enforcement officer can order
23        mandatory blood tests.
24  -     Prescribes the steps that a law enforcement officer must
          take before being able to charge the newly created
25        misdemeanor.
26
27
28
29
30
31
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