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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5 ORIGINAL STAMP BELOW
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11 Representative(s) Healey offered the following:
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13 Substitute Amendment for Amendment (762589) (with title
14 amendment)
15 Remove from the bill: Everything after the enacting clause
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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
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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.
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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
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21 Florida Felony
22 Statute Degree Description
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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
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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.
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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.
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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.
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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
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31 (g) LEVEL 7
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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.
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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.
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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.
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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
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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
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