CODING: Words stricken are deletions; words underlined are additions.House Bill 1461
Florida House of Representatives - 1997 HB 1461
By Representative Horan
1 A bill to be entitled
2 An act relating to offenses by driver of
3 vehicle in accident involving death or personal
4 injury; amending s. 316.027, F.S.; redefining
5 the offense of unlawful failure to stop or
6 remain at the scene of such accident; providing
7 circumstances under which a person who knew or
8 should have known the accident occurred commits
9 such offense, regardless of whether the person
10 knew at the time of the accident that injury or
11 death resulted; reenacting s. 921.0012(3)(e)
12 and (f), F.S., relating to the sentencing
13 guidelines offense severity ranking chart, to
14 incorporate said amendment in references;
15 amending s. 775.089, F.S., relating to
16 restitution; providing that the court may order
17 a person who commits such offense to make
18 restitution for certain damages or loss related
19 to, or occurring directly or indirectly as a
20 result of, the underlying accident resulting in
21 injury or death; amending s. 921.0011, F.S.;
22 redefining the term "victim injury," for
23 purposes of sentencing a person who commits
24 such offense, to include physical injury or
25 death suffered by a person as a direct or
26 indirect result of the underlying accident;
27 amending ss. 316.066 and 960.03, F.S., relating
28 to written reports of accidents and definitions
29 with respect to the Florida Crimes Compensation
30 Act, respectively, to correct a cross
31 reference; providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (1) of section 316.027, Florida
4 Statutes, 1996 Supplement, is amended to read:
5 316.027 Accidents involving death or personal
6 injuries.--
7 (1)(a) The driver of any vehicle:
8 1. Who is involved in an accident resulting in injury
9 of any person; and
10 2. Who, at the time of the accident, knew or should
11 have known that the accident occurred
12
13 must immediately stop the vehicle at the scene of the
14 accident, or as close thereto as possible, and must remain at
15 the scene of the accident until he or she has fulfilled the
16 requirements of s. 316.062. Any person who willfully violates
17 this paragraph commits is guilty of a felony of the third
18 degree, punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084. This paragraph does not require that the person
20 knew at the time of the accident that the accident resulted in
21 injury.
22 (b) The driver of any vehicle:
23 1. Who is involved in an accident resulting in the
24 death of any person; and
25 2. Who, at the time of the accident, knew or should
26 have known that the accident occurred
27
28 must immediately stop the vehicle at the scene of the
29 accident, or as close thereto as possible, and must remain at
30 the scene of the accident until he or she has fulfilled the
31 requirements of s. 316.062. Any person who willfully violates
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1 this paragraph commits is guilty of a felony of the second
2 degree, punishable as provided in s. 775.082, s. 775.083, or
3 s. 775.084. This paragraph does not require that the person
4 knew at the time of the accident that the accident resulted in
5 death.
6 (2) The department shall revoke the driver's license
7 of the person so convicted.
8 Section 2. For the purpose of incorporating the
9 amendment to s. 316.027, Florida Statutes, in references
10 thereto, paragraphs (e) and (f) of subsection (3) of section
11 921.0012, Florida Statutes, 1996 Supplement, are amended to
12 read:
13 921.0012 Sentencing guidelines offense levels; offense
14 severity ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16 Florida Felony
17 Statute Degree Description
18
19
20 (e) LEVEL 5
21 316.027(1)(a) 3rd Accidents involving personal
22 injuries, failure to stop;
23 leaving scene.
24 316.1935(3) 3rd Aggravated fleeing or eluding.
25 322.34(3) 3rd Careless operation of motor
26 vehicle with suspended license,
27 resulting in death or serious
28 bodily injury.
29 327.30(5) 3rd Vessel accidents involving
30 personal injury; leaving scene.
31
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1 381.0041(11)(b) 3rd Donate blood, plasma, or organs
2 knowing HIV positive.
3 790.01(2) 3rd Carrying a concealed firearm.
4 790.162 2nd Threat to throw or discharge
5 destructive device.
6 790.163 2nd False report of deadly explosive.
7 790.165(2) 3rd Manufacture, sell, possess, or
8 deliver hoax bomb.
9 790.221(1) 2nd Possession of short-barreled
10 shotgun or machine gun.
11 790.23 2nd Felons in possession of firearms
12 or electronic weapons or devices.
13 806.111(1) 3rd Possess, manufacture, or dispense
14 fire bomb with intent to damage
15 any structure or property.
16 812.019(1) 2nd Stolen property; dealing in or
17 trafficking in.
18 812.16(2) 3rd Owning, operating, or conducting
19 a chop shop.
20 817.034(4)(a)2. 2nd Communications fraud, value
21 $20,000 to $50,000.
22 825.1025(4) 3rd Lewd or lascivious exhibition in
23 the presence of an elderly person
24 or disabled adult.
25 827.071(4) 2nd Possess with intent to promote
26 any photographic material, motion
27 picture, etc., which includes
28 sexual conduct by a child.
29 843.01 3rd Resist officer with violence to
30 person; resist arrest with
31 violence.
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1 874.05(2) 2nd Encouraging or recruiting another
2 to join a criminal street gang;
3 second or subsequent offense.
4 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
5 cocaine (or other s.
6 893.03(1)(a), (1)(b), (1)(d),
7 (2)(a), or (2)(b) drugs).
8 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
9 cannabis (or other s.
10 893.03(1)(c), (2)(c), (3), or (4)
11 drugs) within 1,000 feet of a
12 school.
13 893.13(1)(d)1. 1st Sell, manufacture, or deliver
14 cocaine (or other s.
15 893.03(1)(a), (1)(b), (1)(d),
16 (2)(a), or (2)(b) drugs) within
17 200 feet of university, public
18 housing facility, or public park.
19 893.13(4)(b) 2nd Deliver to minor cannabis (or
20 other s. 893.03(1)(c), (2)(c),
21 (3), or (4) drugs).
22
23 (f) LEVEL 6
24 316.027(1)(b) 2nd Accident involving death, failure
25 to stop; leaving scene.
26 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
27 conviction.
28 775.0875(1) 3rd Taking firearm from law
29 enforcement officer.
30 784.021(1)(a) 3rd Aggravated assault; deadly weapon
31 without intent to kill.
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1 784.021(1)(b) 3rd Aggravated assault; intent to
2 commit felony.
3 784.048(3) 3rd Aggravated stalking; credible
4 threat.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.08(2)(b) 2nd Aggravated assault on a person 65
8 years of age or older.
9 784.081(2) 2nd Aggravated assault on specified
10 official or employee.
11 784.082(2) 2nd Aggravated assault by detained
12 person on visitor or other
13 detainee.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive
24 or act of arson or violence to
25 state property.
26 790.19 2nd Shooting or throwing deadly
27 missiles into dwellings, vessels,
28 or vehicles.
29 794.011(8)(a) 3rd Solicitation of minor to
30 participate in sexual activity by
31 custodial adult.
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1 794.05(1) 2nd Unlawful sexual activity with
2 specified minor.
3 806.031(2) 2nd Arson resulting in great bodily
4 harm to firefighter or any other
5 person.
6 810.02(3)(c) 2nd Burglary of occupied structure;
7 unarmed; no assault or battery.
8 812.014(2)(b) 2nd Property stolen $20,000 or more,
9 but less than $100,000, grand
10 theft in 2nd degree.
11 812.13(2)(c) 2nd Robbery, no firearm or other
12 weapon (strong-arm robbery).
13 817.034(4)(a)1. 1st Communications fraud, value
14 greater than $50,000.
15 817.4821(5) 2nd Possess cloning paraphernalia
16 with intent to create cloned
17 cellular telephones.
18 825.102(1) 3rd Abuse of an elderly person or
19 disabled adult.
20 825.102(3)(c) 3rd Neglect of an elderly person or
21 disabled adult.
22 825.1025(3) 3rd Lewd or lascivious molestation of
23 an elderly person or disabled
24 adult.
25 825.103(2)(c) 3rd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $100 or more, but less
28 than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
31
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1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 944.35(3)(a)2. 3rd Committing malicious battery upon
12 or inflicting cruel or inhuman
13 treatment on an inmate or
14 offender on community
15 supervision, resulting in great
16 bodily harm.
17 944.40 2nd Escapes.
18 944.46 3rd Harboring, concealing, aiding
19 escaped prisoners.
20 944.47(1)(a)5. 2nd Introduction of contraband
21 (firearm, weapon, or explosive)
22 into correctional facility.
23 951.22(1) 3rd Intoxicating drug, firearm, or
24 weapon introduced into county
25 facility.
26
27 Section 3. Paragraph (a) of subsection (1) of section
28 775.089, Florida Statutes, is amended to read:
29 775.089 Restitution.--
30 (1)(a) In addition to any punishment, the court shall
31 order the defendant to make restitution to the victim for:
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1 1. Damage or loss caused directly or indirectly by the
2 defendant's offense; and
3 2. Damage or loss related to the defendant's criminal
4 episode; and,
5 3. If the defendant's offense was a violation of s.
6 316.027(1), damage or loss related to, or occurring directly
7 or indirectly as a result of, the underlying accident
8 resulting in injury or death of any person,
9
10 unless it finds clear and compelling reasons not to order such
11 restitution. Restitution may be monetary or nonmonetary
12 restitution. The court shall make the payment of restitution a
13 condition of probation in accordance with s. 948.03. An order
14 requiring the defendant to make restitution to a victim does
15 not remove or diminish the requirement that the court order
16 payment to the Crimes Compensation Trust Fund pursuant to
17 chapter 960. Payment of an award by the Crimes Compensation
18 Trust Fund shall create an order of restitution to the Crimes
19 Compensation Trust Fund, unless specifically waived in
20 accordance with subparagraph (b)1.
21 Section 4. Paragraph (a) of subsection (7) of section
22 921.0011, Florida Statutes, 1996 Supplement, is amended to
23 read:
24 921.0011 Definitions.--As used in this chapter, the
25 term:
26 (7)(a) "Victim injury" means the physical injury or
27 death suffered by a person as a direct result of the primary
28 offense, or any additional offense, for which an offender is
29 convicted and which is pending before the court for sentencing
30 at the time of the primary offense. However, if the primary
31 offense or additional offense is a violation of s. 316.027(1),
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1 the term "victim injury" includes the physical injury or death
2 suffered by a person as a direct or indirect result of the
3 underlying accident.
4 Section 5. Paragraph (a) of subsection (3) of section
5 316.066, Florida Statutes, 1996 Supplement, is amended to
6 read:
7 316.066 Written reports of accidents.--
8 (3)(a) Every law enforcement officer who in the
9 regular course of duty investigates a motor vehicle accident:
10 1. Which accident resulted in death or personal injury
11 shall, within 10 days after completing the investigation,
12 forward a written report of the accident to the department or
13 traffic records center.
14 2. Which accident involved a violation of s.
15 316.027(1)(2), s. 316.061(1), or s. 316.193 shall, within 10
16 days after completing the investigation, forward a written
17 report of the accident to the department or traffic records
18 center.
19 3. In which accident a vehicle was rendered
20 inoperative to a degree which required a wrecker to remove it
21 from traffic may, within 10 days after completing the
22 investigation, forward a written report of the accident to the
23 department or traffic records center if such action is
24 appropriate, in the officer's discretion.
25
26 However, in every case in which an accident report is required
27 by this section and a written report to a law enforcement
28 officer is not prepared, the law enforcement officer shall
29 provide each party involved in the accident a short-form
30 report, prescribed by the state, to be completed by the party.
31 The short-form report must include, but is not limited to: the
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1 date, time, and location of the accident; a description of the
2 vehicles involved; the names and addresses of the parties
3 involved; the names and addresses of witnesses; the name,
4 badge number, and law enforcement agency of the officer
5 investigating the accident; and the names of the insurance
6 companies for the respective parties involved in the accident.
7 Each party to the accident shall provide the law enforcement
8 officer with proof of insurance to be included in the accident
9 report. If a law enforcement officer submits a report on the
10 accident, proof of insurance must be provided to the officer
11 by each party involved in the accident within 24 hours after
12 the accident. Any party who fails to provide the required
13 information within the applicable time limit prescribed by
14 this paragraph is guilty of an infraction for a nonmoving
15 violation, punishable as provided in chapter 318.
16 Section 6. Subsection (3) of section 960.03, Florida
17 Statutes, 1996 Supplement, is amended to read:
18 960.03 Definitions.--As used in ss. 960.01-960.28,
19 unless the context otherwise requires, the term:
20 (3) "Crime" means the commission by any person,
21 including a juvenile offender, of a felony or misdemeanor
22 offense punishable under the laws of this state, which results
23 in physical injury or death. The term also includes any such
24 criminal act which is committed within this state but which
25 falls exclusively within federal jurisdiction. "Crime" also
26 includes any violation of s. 316.193, s. 316.027(1)(2), or s.
27 782.071(2), which results in physical injury or death;
28 however, no other act involving the operation of a motor
29 vehicle, boat, or aircraft which results in injury or death
30 shall constitute a crime for the purpose of this chapter
31 unless the injury or death was intentionally inflicted through
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1 the use of such vehicle, boat, or aircraft or unless such
2 vehicle, boat, or aircraft is an implement of a crime to which
3 this act applies. "Crime" also includes any such criminal act
4 committed outside of this state against a resident of this
5 state that would have been compensable if it had occurred in
6 this state and that occurred in a state that does not have an
7 eligible crime victim compensation program as the term is
8 defined in the federal Victims of Crime Act of 1984.
9 Section 7. This act shall take effect October 1, 1997.
10
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12 HOUSE SUMMARY
13
Redefines the offense of unlawful failure to stop or
14 remain at the scene of accident. Provides circumstances
under which a person who knew or should have known the
15 accident occurred commits such offense, regardless of
whether the person knew at the time of the accident that
16 injury or death resulted. Provides that the court may
order a person who commits such offense to make
17 restitution for certain damages or loss related to, or
occurring directly or indirectly as a result of, the
18 underlying accident resulting in injury or death.
Redefines the term "victim injury," for purposes of
19 sentencing a person who commits such offense, to include
physical injury or death suffered by a person as a direct
20 or indirect result of the underlying accident. Revises
definition of "crime," with respect to the Florida Crimes
21 Compensation Act, to correct a cross reference.
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