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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. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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: 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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), 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1461 575-143-97 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 11 ***************************************** 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. 22 23 24 25 26 27 28 29 30 31 12