CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Healey offered the following:

12

13         Substitute Amendment for Amendment (762589) (with title

14  amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 782.071, Florida Statutes, is

19  amended to read:

20         782.071  Vehicular homicide.--"Vehicular homicide" is

21  the killing of a human being, or the killing of a viable fetus

22  by any injury to the mother of such child which would be

23  vehicular homicide if it resulted in the death of such mother,

24  by the operation of a motor vehicle by another in a reckless

25  manner likely to cause the death of, or great bodily harm to,

26  another. Vehicular homicide is:

27         (1)  A felony of the third degree, punishable as

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

29         (2)  A felony of the second degree, punishable as

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

31         (a)  At the time of the accident, the person knew, or

                                  1

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  should have known, that the accident occurred; and

 2         (b)  The person failed to give information and render

 3  aid as required by s. 316.062.

 4

 5  This subsection does not require that the person knew that the

 6  accident resulted in injury or death. A right of action for

 7  civil damages shall exist under s. 768.19, under all

 8  circumstances, for all deaths described in this section. For

 9  the purposes of this section, a "viable fetus" is defined as

10  that point in time when the fetus becomes capable of

11  meaningful life outside the womb through standard medical

12  measures.

13         Section 2.  For the purpose of incorporating the

14  amendment to section 782.071, Florida Statutes, in references

15  thereto, the sections or subdivisions of Florida Statutes set

16  forth below are reenacted to read:

17         921.0022  Criminal Punishment Code; offense severity

18  ranking chart.--

19         (3)  OFFENSE SEVERITY RANKING CHART

20

21  Florida           Felony

22  Statute           Degree             Description

23

24                              (h)  LEVEL 8

25  316.193

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

27  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

28  777.03(2)(a)       1st      Accessory after the fact, capital

29                              felony.

30  782.04(4)          2nd      Killing of human without design

31                              when engaged in act or attempt of

                                  2

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1                              any felony other than arson,

 2                              sexual battery, robbery,

 3                              burglary, kidnapping, aircraft

 4                              piracy, or unlawfully discharging

 5                              bomb.

 6  782.071(2)         2nd      Committing vehicular homicide and

 7                              failing to render aid or give

 8                              information.

 9  782.072(2)         2nd      Committing vessel homicide and

10                              failing to render aid or give

11                              information.

12  790.161(3)         1st      Discharging a destructive device

13                              which results in bodily harm or

14                              property damage.

15  794.011(5)         2nd      Sexual battery, victim 12 years

16                              or over, offender does not use

17                              physical force likely to cause

18                              serious injury.

19  806.01(1)          1st      Maliciously damage dwelling or

20                              structure by fire or explosive,

21                              believing person in structure.

22  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

23  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

24                              or dangerous weapon.

25  810.02(2)(c)       1st      Burglary of a dwelling or

26                              structure causing structural

27                              damage or $1,000 or more property

28                              damage.

29  812.13(2)(b)       1st      Robbery with a weapon.

30  812.135(2)         1st      Home-invasion robbery.

31

                                  3

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  825.102(2)         2nd      Aggravated abuse of an elderly

 2                              person or disabled adult.

 3  825.103(2)(a)      1st      Exploiting an elderly person or

 4                              disabled adult and property is

 5                              valued at $100,000 or more.

 6  827.03(2)          2nd      Aggravated child abuse.

 7  860.121(2)(c)      1st      Shooting at or throwing any

 8                              object in path of railroad

 9                              vehicle resulting in great bodily

10                              harm.

11  860.16             1st      Aircraft piracy.

12  893.13(1)(b)       1st      Sell or deliver in excess of 10

13                              grams of any substance specified

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

15  893.13(2)(b)       1st      Purchase in excess of 10 grams of

16                              any substance specified in s.

17                              893.03(1)(a) or (b).

18  893.13(6)(c)       1st      Possess in excess of 10 grams of

19                              any substance specified in s.

20                              893.03(1)(a) or (b).

21  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

23                              lbs.

24  893.135

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

26                              200 grams, less than 400 grams.

27  893.135

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

29                              more than 14 grams, less than 28

30                              grams.

31

                                  4

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 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  895.03(1)          1st      Use or invest proceeds derived

14                              from pattern of racketeering

15                              activity.

16  895.03(2)          1st      Acquire or maintain through

17                              racketeering activity any

18                              interest in or control of any

19                              enterprise or real property.

20  895.03(3)          1st      Conduct or participate in any

21                              enterprise through pattern of

22                              racketeering activity.

23         960.03  Definitions.--As used in ss. 960.01-960.28,

24  unless the context otherwise requires, the term:

25         (3)  "Crime" means:

26         (a)  A felony or misdemeanor offense committed by

27  either an adult or a juvenile which results in physical injury

28  or death.  The term also includes any such criminal act which

29  is committed within this state but which falls exclusively

30  within federal jurisdiction.

31         (b)  A violation of s. 316.193, s. 316.027(1), or s.

                                  5

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  782.071(2), which results in physical injury or death;

 2  however, no other act involving the operation of a motor

 3  vehicle, boat, or aircraft which results in injury or death

 4  shall constitute a crime for the purpose of this chapter

 5  unless the injury or death was intentionally inflicted through

 6  the use of such vehicle, boat, or aircraft or unless such

 7  vehicle, boat, or aircraft is an implement of a crime to which

 8  this act applies.

 9         (c)  A criminal act committed outside of this state

10  against a resident of this state that would have been

11  compensable if it had occurred in this state and that occurred

12  in a state that does not have an eligible crime victim

13  compensation program as the term is defined in the federal

14  Victims of Crime Act of 1984.

15         (d)  An act of mass violence or an act of international

16  terrorism, as defined in 18 U.S.C. s. 2331, that is committed

17  outside of the territorial boundaries of the United States

18  upon a resident of this state, when such act results in

19  physical injury or death and the person is not eligible for

20  compensation under Title VIII of the Omnibus Diplomatic

21  Security and Antiterrorism Act of 1986.

22         Section 3.  Paragraph (g) of subsection (3) of section

23  921.0022, Florida Statutes, is amended to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27

28  Florida           Felony

29  Statute           Degree             Description

30

31                              (g)  LEVEL 7

                                  6

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 2                              injury.

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

 4                              bodily injury.

 5  409.920(2)         3rd      Medicaid provider fraud.

 6  494.0018(2)        1st      Conviction of any violation of

 7                              ss. 494.001-494.0077 in which the

 8                              total money and property

 9                              unlawfully obtained exceeded

10                              $50,000 and there were five or

11                              more victims.

12  782.07(1)          2nd      Killing of a human being by the

13                              act, procurement, or culpable

14                              negligence of another

15                              (manslaughter).

16  782.071            3rd      Killing of human being or viable

17                              fetus by the operation of a motor

18                              vehicle in a reckless manner

19                              (vehicular homicide).

20  782.072            3rd      Killing of a human being by the

21                              operation of a vessel in a

22                              reckless manner (vessel

23                              homicide).

24  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

25                              causing great bodily harm or

26                              disfigurement.

27  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

28                              weapon.

29  784.045(1)(b)      2nd      Aggravated battery; perpetrator

30                              aware victim pregnant.

31

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  784.048(4)         3rd      Aggravated stalking; violation of

 2                              injunction or court order.

 3  784.07(2)(d)       1st      Aggravated battery on law

 4                              enforcement officer.

 5  784.08(2)(a)       1st      Aggravated battery on a person 65

 6                              years of age or older.

 7  784.081(1)         1st      Aggravated battery on specified

 8                              official or employee.

 9  784.082(1)         1st      Aggravated battery by detained

10                              person on visitor or other

11                              detainee.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

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

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04             2nd      Handle, fondle, or assault child

20                              under 16 years in lewd,

21                              lascivious, or indecent manner.

22  806.01(2)          2nd      Maliciously damage structure by

23                              fire or explosive.

24  810.02(3)(a)       2nd      Burglary of occupied dwelling;

25                              unarmed; no assault or battery.

26  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(d)       2nd      Burglary of occupied conveyance;

29                              unarmed; no assault or battery.

30  812.014(2)(a)      1st      Property stolen, valued at

31                              $100,000 or more; property stolen

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1                              while causing other property

 2                              damage; 1st degree grand theft.

 3  812.019(2)         1st      Stolen property; initiates,

 4                              organizes, plans, etc., the theft

 5                              of property and traffics in

 6                              stolen property.

 7  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 8                              weapon, or other weapon.

 9  825.102(3)(b)      2nd      Neglecting an elderly person or

10                              disabled adult causing great

11                              bodily harm, disability, or

12                              disfigurement.

13  825.1025(2)        2nd      Lewd or lascivious battery upon

14                              an elderly person or disabled

15                              adult.

16  825.103(2)(b)      2nd      Exploiting an elderly person or

17                              disabled adult and property is

18                              valued at $20,000 or more, but

19                              less than $100,000.

20  827.03(3)(b)       2nd      Neglect of a child causing great

21                              bodily harm, disability, or

22                              disfigurement.

23  827.04(4)          3rd      Impregnation of a child under 16

24                              years of age by person 21 years

25                              of age or older.

26  872.06             2nd      Abuse of a dead human body.

27  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

28                              cocaine (or other s.

29                              893.03(1)(a), (1)(b), (1)(d),

30                              (2)(a), or (2)(b) drugs) within

31                              1,000 feet of a school.

                                  9

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





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

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

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

 4  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 5                              than 50 lbs., less than 2,000

 6                              lbs.

 7  893.135

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

 9                              28 grams, less than 200 grams.

10  893.135

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

12                              more than 4 grams, less than 14

13                              grams.

14  893.135

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

16                              more than 28 grams, less than 200

17                              grams.

18  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

19                              than 200 grams, less than 5

20                              kilograms.

21  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

22                              than 14 grams, less than 28

23                              grams.

24         Section 4.  This act shall take effect October 1 of the

25  year in which enacted, and shall apply to offenses committed

26  on or after that date.

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 1, lines 5-14

                                  10

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                                                   HOUSE AMENDMENT

    268-236XA                                     Bill No. HB 1269

    Amendment No.     (for drafter's use only)





 1  remove from the title of the bill:  all of said lines

 2

 3  and insert in lieu thereof:

 4         a viable fetus by any injury to the mother

 5         which would be vehicular homicide if it

 6         resulted in the death of the mother; providing

 7         a right of action for civil damages; providing

 8         a definition; providing penalties; reenacting

 9         ss. 921.0022(3)(h) and 960.03(3), F.S.,

10         relating to the Criminal Punishment Code

11         offense severity ranking chart and the

12         definition of "crime" with respect to the

13         Florida Crimes Compensation Act, respectively,

14         to incorporate said amendment in references;

15         amending s. 921.0022, F.S., relating to the

16         Criminal Punishment Code offense

17

18

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