Senate Bill 0814

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    Florida Senate - 2000                                   SB 814

    By Senator Rossin





    35-76-00

  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

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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:

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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 is guilty of a felony of

  6  the second third degree, punishable as provided in s. 775.082,

  7  s. 775.083, or s. 775.084; however, the fine imposed for such

  8  fourth or subsequent violation may be not less than $1,000.

  9         (3)  Any person:

10         (a)  Who is in violation of subsection (1);

11         (b)  Who operates a vehicle; 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 DUI

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 crash, the person knew, or

30  should have known, that the crash 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)  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 all offenders convicted of

27  violating this section on monthly reporting probation and

28  shall require completion of a substance abuse course conducted

29  by a DUI program licensed by the department under s. 322.292,

30  which must include a psychosocial evaluation of the offender.

31  If the DUI program refers the offender to an authorized

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  1  substance abuse treatment provider for substance abuse

  2  treatment, in addition to any sentence or fine imposed under

  3  this section, completion of all such education, evaluation,

  4  and treatment is a condition of reporting probation.  The

  5  offender shall assume reasonable costs for such education,

  6  evaluation, and treatment. The referral to treatment resulting

  7  from a psychosocial evaluation shall not be waived without a

  8  supporting independent psychosocial evaluation conducted by an

  9  authorized substance abuse treatment provider appointed by the

10  court, which shall have access to the DUI program's

11  psychosocial evaluation before the independent psychosocial

12  evaluation is conducted. The court shall review the results

13  and recommendations of both evaluations before determining the

14  request for waiver.  The offender shall bear the full cost of

15  this procedure. The term "substance abuse" means the abuse of

16  alcohol or any substance named or described in Schedules I

17  through V of s. 893.03.  If an offender referred to treatment

18  under this subsection fails to report for or complete such

19  treatment or fails to complete the DUI program substance abuse

20  education course and evaluation, the DUI program shall notify

21  the court and the department of the failure.  Upon receipt of

22  the notice, the department shall cancel the offender's driving

23  privilege, notwithstanding the terms of the court order or any

24  suspension or revocation of the driving privilege.  The

25  department may temporarily reinstate the driving privilege on

26  a restricted basis upon verification from the DUI program that

27  the offender is currently participating in treatment and the

28  DUI education course and evaluation requirement has been

29  completed. If the DUI program notifies the department of the

30  second failure to complete treatment, the department shall

31  reinstate the driving privilege only after notice of

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  1  completion of treatment from the DUI program.  The

  2  organization that conducts the substance abuse education and

  3  evaluation may not provide required substance abuse treatment

  4  unless a waiver has been granted to that organization by the

  5  department.  A waiver may be granted only if the department

  6  determines, in accordance with its rules, that the service

  7  provider that conducts the substance abuse education and

  8  evaluation is the most appropriate service provider and is

  9  licensed under chapter 397 or is exempt from such licensure. A

10  statistical referral report shall be submitted quarterly to

11  the department by each organization authorized to provide

12  services under this section.

13         (6)  With respect to any person convicted of a

14  violation of subsection (1), regardless of any penalty imposed

15  pursuant to subsection (2), subsection (3), or subsection (4):

16         (a)  For the first conviction, the court shall place

17  the defendant on probation for a period not to exceed 1 year

18  and, as a condition of such probation, shall order the

19  defendant to participate in public service or a community work

20  project for a minimum of 50 hours; or the court may order

21  instead, that any defendant pay an additional fine of $10 for

22  each hour of public service or community work otherwise

23  required, if, after consideration of the residence or location

24  of the defendant at the time public service or community work

25  is required, payment of the fine is in the best interests of

26  the state. However, the total period of probation and

27  incarceration may not exceed 1 year. The court must also, as a

28  condition of probation, order the impoundment or

29  immobilization of the vehicle that was operated by or in the

30  actual control of the defendant or any one vehicle registered

31  in the defendant's name at the time of impoundment or

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  1  immobilization, for a period of 10 days or for the unexpired

  2  term of any lease or rental agreement that expires within 10

  3  days. The impoundment or immobilization must not occur

  4  concurrently with the incarceration of the defendant.  The

  5  impoundment or immobilization order may be dismissed in

  6  accordance with paragraph (e), paragraph (f), or paragraph

  7  (g).

  8         (b)  For the second conviction for an offense that

  9  occurs within a period of 5 years after the date of a prior

10  conviction for violation of this section, the court shall

11  order imprisonment for not less than 10 days. The court must

12  also, as a condition of probation, order the impoundment or

13  immobilization of the vehicle that was operated by or in the

14  actual control of the defendant or any one vehicle registered

15  in the defendant's name at the time of impoundment or

16  immobilization, for a period of 30 days or for the unexpired

17  term of any lease or rental agreement that expires within 30

18  days. The impoundment or immobilization must not occur

19  concurrently with the incarceration of the defendant.  The

20  impoundment or immobilization order may be dismissed in

21  accordance with paragraph (e), paragraph (f), or paragraph

22  (g).  At least 48 hours of confinement must be consecutive.

23         (c)  For the third or subsequent conviction for an

24  offense that occurs within a period of 10 years after the date

25  of a prior conviction for violation of this section, the court

26  shall order imprisonment for not less than 30 days. The court

27  must also, as a condition of probation, order the impoundment

28  or immobilization of the vehicle that was operated by or in

29  the actual control of the defendant or any one vehicle

30  registered in the defendant's name at the time of impoundment

31  or immobilization, for a period of 90 days or for the

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  1  unexpired term of any lease or rental agreement that expires

  2  within 90 days. The impoundment or immobilization must not

  3  occur concurrently with the incarceration of the defendant.

  4  The impoundment or immobilization order may be dismissed in

  5  accordance with paragraph (e), paragraph (f), or paragraph

  6  (g). At least 48 hours of confinement must be consecutive.

  7         (d)  The court must at the time of sentencing the

  8  defendant issue an order for the impoundment or immobilization

  9  of a vehicle. Within 7 business days after the date that the

10  court issues the order of impoundment or immobilization, the

11  clerk of the court must send notice by certified mail, return

12  receipt requested, to the registered owner of each vehicle, if

13  the registered owner is a person other than the defendant, and

14  to each person of record claiming a lien against the vehicle.

15         (e)  A person who owns but was not operating the

16  vehicle when the offense occurred may submit to the court a

17  police report indicating that the vehicle was stolen at the

18  time of the offense or documentation of having purchased the

19  vehicle after the offense was committed from an entity other

20  than the defendant or the defendant's agent. If the court

21  finds that the vehicle was stolen or that the sale was not

22  made to circumvent the order and allow the defendant continued

23  access to the vehicle, the order must be dismissed and the

24  owner of the vehicle will incur no costs. If the court denies

25  the request to dismiss the order of impoundment or

26  immobilization, the petitioner may request an evidentiary

27  hearing.

28         (f)  A person who owns but was not operating the

29  vehicle when the offense occurred, and whose vehicle was

30  stolen or who purchased the vehicle after the offense was

31  committed directly from the defendant or the defendant's

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  1  agent, may request an evidentiary hearing to determine whether

  2  the impoundment or immobilization should occur. If the court

  3  finds that either the vehicle was stolen or the purchase was

  4  made without knowledge of the offense, that the purchaser had

  5  no relationship to the defendant other than through the

  6  transaction, and that such purchase would not circumvent the

  7  order and allow the defendant continued access to the vehicle,

  8  the order must be dismissed and the owner of the vehicle will

  9  incur no costs.

10         (g)  The court shall also dismiss the order of

11  impoundment or immobilization of the vehicle if the court

12  finds that the family of the owner of the vehicle has no other

13  private means of transportation.

14         (h)  All costs and fees for the impoundment or

15  immobilization, including the cost of notification, must be

16  paid by the owner of the vehicle or, if the vehicle is leased

17  or rented, by the person leasing or renting the vehicle,

18  unless the impoundment or immobilization order is dismissed.

19  All provisions of s. 713.78 shall apply.

20         (i)  The person who owns a vehicle that is impounded or

21  immobilized under this paragraph, or a person who has a lien

22  of record against such a vehicle and who has not requested a

23  review of the impoundment pursuant to paragraph (e), paragraph

24  (f), or paragraph (g), may, within 10 days after the date that

25  person has knowledge of the location of the vehicle, file a

26  complaint in the county in which the owner resides to

27  determine whether the vehicle was wrongfully taken or withheld

28  from the owner or lienholder. Upon the filing of a complaint,

29  the owner or lienholder may have the vehicle released by

30  posting with the court a bond or other adequate security equal

31  to the amount of the costs and fees for impoundment or

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  1  immobilization, including towing or storage, to ensure the

  2  payment of such costs and fees if the owner or lienholder does

  3  not prevail. When the bond is posted and the fee is paid as

  4  set forth in s. 28.24, the clerk of the court shall issue a

  5  certificate releasing the vehicle. At the time of release,

  6  after reasonable inspection, the owner or lienholder must give

  7  a receipt to the towing or storage company indicating any loss

  8  or damage to the vehicle or to the contents of the vehicle.

  9         (j)  A defendant, in the court's discretion, may be

10  required to serve all or any portion of a term of imprisonment

11  to which the defendant has been sentenced pursuant to this

12  section in a residential alcoholism treatment program or a

13  residential drug abuse treatment program. Any time spent in

14  such a program must be credited by the court toward the term

15  of imprisonment.

16

17  For the purposes of this section, any conviction for a

18  violation of s. 327.35; a previous conviction for the

19  violation of former s. 316.1931, former s. 327.351, former s.

20  860.01, or former s. 316.028; or a previous conviction outside

21  this state for driving or boating under the influence, driving

22  or boating while intoxicated, driving or boating with an

23  unlawful blood-alcohol level, driving or boating with an

24  unlawful breath-alcohol level, or any other similar

25  alcohol-related or drug-related traffic or boating offense, is

26  also considered a previous conviction for violation of this

27  section. However, in satisfaction of the fine imposed pursuant

28  to this section, the court may, upon a finding that the

29  defendant is financially unable to pay either all or part of

30  the fine, order that the defendant participate for a specified

31  additional period of time in public service or a community

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  1  work project in lieu of payment of that portion of the fine

  2  which the court determines the defendant is unable to pay. In

  3  determining such additional sentence, the court shall consider

  4  the amount of the unpaid portion of the fine and the

  5  reasonable value of the services to be ordered; however, the

  6  court may not compute the reasonable value of services at a

  7  rate less than the federal minimum wage at the time of

  8  sentencing.

  9         (7)  A conviction under this section does not bar any

10  civil suit for damages against the person so convicted.

11         (8)  At the arraignment, or in conjunction with any

12  notice of arraignment provided by the clerk of the court, the

13  clerk shall provide any person charged with a violation of

14  this section with notice that upon conviction the court shall

15  suspend or revoke the offender's driver's license and that the

16  offender should make arrangements for transportation at any

17  proceeding in which the court may take such action.  Failure

18  to provide such notice does not affect the court's suspension

19  or revocation of the offender's driver's license.

20         (9)  A person who is arrested for a violation of this

21  section may not be released from custody:

22         (a)  Until the person is no longer under the influence

23  of alcoholic beverages, any chemical substance set forth in s.

24  877.111, or any substance controlled under chapter 893 and

25  affected to the extent that his or her normal faculties are

26  impaired;

27         (b)  Until the person's blood-alcohol level or

28  breath-alcohol level is less than 0.05; or

29         (c)  Until 8 hours have elapsed from the time the

30  person was arrested.

31

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  1         (10)  The rulings of the Department of Highway Safety

  2  and Motor Vehicles under s. 322.2615 shall not be considered

  3  in any trial for a violation of this section. Testimony or

  4  evidence from the administrative proceedings or any written

  5  statement submitted by a person in his or her request for

  6  administrative review is inadmissible into evidence or for any

  7  other purpose in any criminal proceeding, unless timely

  8  disclosed in criminal discovery pursuant to Rule 3.220,

  9  Florida Rules of Criminal Procedure.

10         Section 2.  Subsections (1), (2), (3), and (4) of

11  section 327.35, Florida Statutes, are amended to read:

12         327.35  Boating under the influence; penalties;

13  "designated drivers".--

14         (1)  A person commits is guilty of the offense of

15  boating under the influence and is subject to punishment as

16  provided in subsection (2) if the person is operating a vessel

17  within this state and:

18         (a)  The person is under the influence of alcoholic

19  beverages, any chemical substance set forth in s. 877.111, or

20  any substance controlled under chapter 893, when affected to

21  the extent that the person's normal faculties are impaired;

22         (b)  The person has a blood-alcohol level of 0.08 or

23  more grams of alcohol per 100 milliliters of blood; or

24         (c)  The person has a breath-alcohol level of 0.08 or

25  more grams of alcohol per 210 liters of breath.

26         (2)(a)  Except as provided in paragraph (b), subsection

27  (3), or subsection (4), any person who is convicted of a

28  violation of subsection (1) shall be punished:

29         1.  By a fine of:

30         a.  Not less than $250 or more than $500 for a first

31  conviction.

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  1         b.  Not less than $500 or more than $1,000 for a second

  2  conviction.

  3         c.  Not less than $1,000 or more than $2,500 for a

  4  third conviction; and

  5         2.  By imprisonment for:

  6         a.  Not more than 6 months for a first conviction.

  7         b.  Not more than 9 months for a second conviction.

  8         c.  Not more than 12 months for a third conviction.

  9         (b)  Any person who is convicted of a fourth or

10  subsequent violation of this section is guilty of a felony of

11  the second third degree, punishable as provided in s. 775.082,

12  s. 775.083, or s. 775.084; however, the fine imposed for such

13  fourth or subsequent violation may not be less than $1,000.

14         (3)  Any person:

15         (a)  Who is in violation of subsection (1);

16         (b)  Who operates a vessel; and

17         (c)  Who, by reason of such operation, causes:

18         1.  Damage to the property or person of another valued

19  at $10,000 or less commits a misdemeanor of the first degree,

20  punishable as provided in s. 775.082 or s. 775.083.

21         2.  Damage to the property of another valued in excess

22  of $10,000 commits a felony of the third degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084.

24         3.2.  Serious bodily injury to another, as defined in

25  s. 316.1933, commits a felony of the second third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         4.3.  The death of any human being commits BUI

29  manslaughter, and commits:

30         a.  a felony of the first second degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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  1         b.  A felony of the first degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  3         (I)  At the time of the accident, the person knew, or

  4  should have known, that the accident occurred; and

  5         (II)  The person failed to give information and render

  6  aid as required by s. 316.062.

  7

  8  This sub-subparagraph does not require that the person knew

  9  that the accident resulted in injury or death.

10         (4)  Any person who is convicted of a violation of

11  subsection (1) and who has a blood-alcohol level or

12  breath-alcohol level of 0.16 0.20 or higher, or any person who

13  is convicted of a violation of subsection (1) and who at the

14  time of the offense was accompanied in the vessel by a person

15  under the age of 18 years, shall be punished:

16         (a)  By a fine of:

17         1.  Not less than $500 or more than $1,000 for a first

18  conviction.

19         2.  Not less than $1,000 or more than $2,000 for a

20  second conviction.

21         3.  Not less than $2,000 or more than $5,000 for a

22  third conviction.

23         (b)  By imprisonment for:

24         1.  Not more than 9 months for a first conviction.

25         2.  Not more than 12 months for a second conviction.

26         3.  Not more than 12 months for a third conviction.

27

28  For the purposes of this subsection, only the instant offense

29  is required to be a violation of subsection (1) by a person

30  who has a blood-alcohol level or breath-alcohol level of 0.16

31  0.20 or higher.

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  1         Section 3.  Paragraphs (f), (g), (h), and (i) of

  2  subsection (3) of section 921.0022, Florida Statutes, are

  3  amended to read:

  4         921.0022  Criminal Punishment Code; offense severity

  5  ranking chart.--

  6         (3)  OFFENSE SEVERITY RANKING CHART

  7

  8  Florida           Felony

  9  Statute           Degree             Description

10

11

12                              (f)  LEVEL 6

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(2)(b)      2nd 3rd  Felony DUI, 4th or subsequent

16                              conviction.

17  775.0875(1)        3rd      Taking firearm from law

18                              enforcement officer.

19  775.21(10)         3rd      Sexual predators; failure to

20                              register; failure to renew

21                              driver's license or

22                              identification card.

23  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

24                              without intent to kill.

25  784.021(1)(b)      3rd      Aggravated assault; intent to

26                              commit felony.

27  784.041            3rd      Felony battery.

28  784.048(3)         3rd      Aggravated stalking; credible

29                              threat.

30  784.048(5)         3rd      Aggravated stalking of person

31                              under 16.

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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.

                                  16

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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

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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                              (g)  LEVEL 7

  8  316.193(3)(c)3.    2nd

  9  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

10                              injury.

11  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

12                              bodily injury.

13  402.319(2)         2nd      Misrepresentation and negligence

14                              or intentional act resulting in

15                              great bodily harm, permanent

16                              disfiguration, permanent

17                              disability, or death.

18  409.920(2)         3rd      Medicaid provider fraud.

19  494.0018(2)        1st      Conviction of any violation of

20                              ss. 494.001-494.0077 in which the

21                              total money and property

22                              unlawfully obtained exceeded

23                              $50,000 and there were five or

24                              more victims.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29

30

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  1  782.07(1)          2nd      Killing of a human being by the

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            2nd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31

                                  20

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  1  784.083(1)         1st      Aggravated battery on code

  2                              inspector.

  3  790.07(4)          1st      Specified weapons violation

  4                              subsequent to previous conviction

  5                              of s. 790.07(1) or (2).

  6  790.16(1)          1st      Discharge of a machine gun under

  7                              specified circumstances.

  8  796.03             2nd      Procuring any person under 16

  9                              years for prostitution.

10  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

11                              victim less than 12 years of age;

12                              offender less than 18 years.

13  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              18 years or older.

17  806.01(2)          2nd      Maliciously damage structure by

18                              fire or explosive.

19  810.02(3)(a)       2nd      Burglary of occupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

22                              unarmed; no assault or battery.

23  810.02(3)(d)       2nd      Burglary of occupied conveyance;

24                              unarmed; no assault or battery.

25  812.014(2)(a)      1st      Property stolen, valued at

26                              $100,000 or more; property stolen

27                              while causing other property

28                              damage; 1st degree grand theft.

29

30

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  1  812.019(2)         1st      Stolen property; initiates,

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  825.102(3)(b)      2nd      Neglecting an elderly person or

  9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  872.06             2nd      Abuse of a dead human body.

29

30

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  1  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other drug prohibited

  3                              under s. 893.03(1)(a), (1)(b),

  4                              (1)(d), (2)(a), or (2)(b)) within

  5                              1,000 feet of a child care

  6                              facility or school.

  7  893.13(1)(e)       1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

  9                              under s. 893.03(1)(a), (1)(b),

10                              (1)(d), (2)(a), or (2)(b), within

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

15                              other s. 893.03(1)(a), (1)(b),

16                              (1)(d), (2)(a), or (2)(b) drugs).

17  893.135(1)(a)1.    1st      Trafficking in cannabis, more

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

21   (1)(b)1.a.        1st      Trafficking in cocaine, more than

22                              28 grams, less than 200 grams.

23  893.135

24   (1)(c)1.a.        1st      Trafficking in illegal drugs,

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

28   (1)(d)1.          1st      Trafficking in phencyclidine,

29                              more than 28 grams, less than 200

30                              grams.

31

                                  23

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  1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  2                              than 200 grams, less than 5

  3                              kilograms.

  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  5                              than 14 grams, less than 28

  6                              grams.

  7  893.135

  8   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  9                              grams or more, less than 14

10                              grams.

11                              (h)  LEVEL 8

12  316.193(3)(c)4.    1st

13  316.193

14   (3)(c)3.a.        2nd      DUI manslaughter.

15  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

16  777.03(2)(a)       1st      Accessory after the fact, capital

17                              felony.

18  782.04(4)          2nd      Killing of human without design

19                              when engaged in act or attempt of

20                              any felony other than arson,

21                              sexual battery, robbery,

22                              burglary, kidnapping, aircraft

23                              piracy, or unlawfully discharging

24                              bomb.

25  782.051(2)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony not

28                              enumerated in s. 782.04(3).

29  782.071(2)         1st      Committing vehicular homicide and

30                              failing to render aid or give

31                              information.

                                  24

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  1  782.072(2)         1st      Committing vessel homicide and

  2                              failing to render aid or give

  3                              information.

  4  790.161(3)         1st      Discharging a destructive device

  5                              which results in bodily harm or

  6                              property damage.

  7  794.011(5)         2nd      Sexual battery, victim 12 years

  8                              or over, offender does not use

  9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  825.102(2)         2nd      Aggravated abuse of an elderly

25                              person or disabled adult.

26  825.103(2)(a)      1st      Exploiting an elderly person or

27                              disabled adult and property is

28                              valued at $100,000 or more.

29  837.02(2)          2nd      Perjury in official proceedings

30                              relating to prosecution of a

31                              capital felony.

                                  25

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  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

23   (1)(b)1.b.        1st      Trafficking in cocaine, more than

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

30

31

                                  26

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  1  893.135

  2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

  6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135

14   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

15                              grams or more, less than 28

16                              grams.

17  895.03(1)          1st      Use or invest proceeds derived

18                              from pattern of racketeering

19                              activity.

20  895.03(2)          1st      Acquire or maintain through

21                              racketeering activity any

22                              interest in or control of any

23                              enterprise or real property.

24  895.03(3)          1st      Conduct or participate in any

25                              enterprise through pattern of

26                              racketeering activity.

27                              (i)  LEVEL 9

28  316.193

29   (3)(c)3.b.        1st      DUI manslaughter; failing to

30                              render aid or give information.

31

                                  27

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  1  782.04(1)          1st      Attempt, conspire, or solicit to

  2                              commit premeditated murder.

  3  782.04(3)          1st,PBL   Accomplice to murder in

  4                              connection with arson, sexual

  5                              battery, robbery, burglary, and

  6                              other specified felonies.

  7  782.051(1)         1st      Attempted felony murder while

  8                              perpetrating or attempting to

  9                              perpetrate a felony enumerated in

10                              s. 782.04(3).

11  782.07(2)          1st      Aggravated manslaughter of an

12                              elderly person or disabled adult.

13  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

14                              reward or as a shield or hostage.

15  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

16                              or facilitate commission of any

17                              felony.

18  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

19                              interfere with performance of any

20                              governmental or political

21                              function.

22  787.02(3)(a)       1st      False imprisonment; child under

23                              age 13; perpetrator also commits

24                              aggravated child abuse, sexual

25                              battery, or lewd or lascivious

26                              battery, molestation, conduct, or

27                              exhibition.

28  790.161            1st      Attempted capital destructive

29                              device offense.

30  794.011(2)         1st      Attempted sexual battery; victim

31                              less than 12 years of age.

                                  28

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  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  800.04(5)(b)       1st      Lewd or lascivious molestation;

12                              victim less than 12 years;

13                              offender 18 years or older.

14  812.13(2)(a)       1st,PBL  Robbery with firearm or other

15                              deadly weapon.

16  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

17                              deadly weapon.

18  827.03(2)          1st      Aggravated child abuse.

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.

                                  29

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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

19         Section 4.  This act shall take effect October 1, 2000.

20

21            *****************************************

22                          SENATE SUMMARY

23    Increases the penalty for a fourth or subsequent offense
      of driving or boating under the influence to that of a
24    second-degree felony. Increases the penalty for damage to
      property to a third-degree felony when the property is
25    valued at more than $10,000. Increases the penalty for
      certain DUI manslaughter and BUI manslaughter offenses to
26    a first-degree felony. Increases the penalty for causing
      serious bodily injury to a second-degree felony. Lowers
27    the blood-alcohol level that will invoke enhanced
      penalties from 0.20 to 0.16. Provides that convictions of
28    BUI offenses will be considered as convictions of DUI
      offenses for purposes of determining repeat-offender
29    status.

30

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