House Bill 1461c1
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Florida House of Representatives - 1998 CS/HB 1461
By the Committee on Transportation and Representatives
Horan, Fasano and Heyman
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. 921.0022(3)(e)
12 and (f), F.S., relating to the Criminal
13 Punishment Code offense severity ranking chart,
14 to 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. 921.0021, 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 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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Florida House of Representatives - 1998 CS/HB 1461
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1 Section 1. Subsection (1) of section 316.027, Florida
2 Statutes, is amended to read:
3 316.027 Accidents involving death or personal
4 injuries.--
5 (1)(a) The driver of any vehicle:
6 1. Who is involved in an accident resulting in injury
7 of any person; and
8 2. Who, at the time of the accident, knew or should
9 have known that the accident occurred
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11 must immediately stop the vehicle at the scene of the
12 accident, or as close thereto as possible, and must remain at
13 the scene of the accident until he or she has fulfilled the
14 requirements of s. 316.062. Any person who willfully violates
15 this paragraph commits is guilty of a felony of the third
16 degree, punishable as provided in s. 775.082, s. 775.083, or
17 s. 775.084. This paragraph does not require that the person
18 knew at the time of the accident that the accident resulted in
19 injury.
20 (b) The driver of any vehicle:
21 1. Who is involved in an accident resulting in the
22 death of any person; and
23 2. Who, at the time of the accident, knew or should
24 have known that the accident occurred
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26 must immediately stop the vehicle at the scene of the
27 accident, or as close thereto as possible, and must remain at
28 the scene of the accident until he or she has fulfilled the
29 requirements of s. 316.062. Any person who willfully violates
30 this paragraph commits is guilty of a felony of the second
31 degree, punishable as provided in s. 775.082, s. 775.083, or
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Florida House of Representatives - 1998 CS/HB 1461
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1 s. 775.084. This paragraph does not require that the person
2 knew at the time of the accident that the accident resulted in
3 death.
4 (2) The department shall revoke the driver's license
5 of the person so convicted.
6 Section 2. For the purpose of incorporating the
7 amendment to s. 316.027, Florida Statutes, in references
8 thereto, paragraphs (e) and (f) of subsection (3) of section
9 921.0022, Florida Statutes, are reenacted to read:
10 921.0022 Criminal Punishment Code; offense severity
11 ranking chart.--
12 (3) OFFENSE SEVERITY RANKING CHART
13
14 Florida Felony
15 Statute Degree Description
16
17 (e) LEVEL 5
18 316.027(1)(a) 3rd Accidents involving personal
19 injuries, failure to stop;
20 leaving scene.
21 316.1935(3) 3rd Aggravated fleeing or eluding.
22 322.34(3) 3rd Careless operation of motor
23 vehicle with suspended license,
24 resulting in death or serious
25 bodily injury.
26 327.30(5) 3rd Vessel accidents involving
27 personal injury; leaving scene.
28 381.0041(11)(b) 3rd Donate blood, plasma, or organs
29 knowing HIV positive.
30 790.01(2) 3rd Carrying a concealed firearm.
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Florida House of Representatives - 1998 CS/HB 1461
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163 2nd False report of deadly explosive.
4 790.165(2) 3rd Manufacture, sell, possess, or
5 deliver hoax bomb.
6 790.221(1) 2nd Possession of short-barreled
7 shotgun or machine gun.
8 790.23 2nd Felons in possession of firearms
9 or electronic weapons or devices.
10 806.111(1) 3rd Possess, manufacture, or dispense
11 fire bomb with intent to damage
12 any structure or property.
13 812.019(1) 2nd Stolen property; dealing in or
14 trafficking in.
15 812.16(2) 3rd Owning, operating, or conducting
16 a chop shop.
17 817.034(4)(a)2. 2nd Communications fraud, value
18 $20,000 to $50,000.
19 825.1025(4) 3rd Lewd or lascivious exhibition in
20 the presence of an elderly person
21 or disabled adult.
22 827.071(4) 2nd Possess with intent to promote
23 any photographic material, motion
24 picture, etc., which includes
25 sexual conduct by a child.
26 843.01 3rd Resist officer with violence to
27 person; resist arrest with
28 violence.
29 874.05(2) 2nd Encouraging or recruiting another
30 to join a criminal street gang;
31 second or subsequent offense.
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1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), or (2)(b) drugs).
5 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
6 cannabis (or other s.
7 893.03(1)(c), (2)(c), (3), or (4)
8 drugs) within 1,000 feet of a
9 school.
10 893.13(1)(d)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d),
13 (2)(a), or (2)(b) drugs) within
14 200 feet of university, public
15 housing facility, or public park.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c),
18 (3), or (4) drugs).
19 (f) LEVEL 6
20 316.027(1)(b) 2nd Accident involving death, failure
21 to stop; leaving scene.
22 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
23 conviction.
24 775.0875(1) 3rd Taking firearm from law
25 enforcement officer.
26 784.021(1)(a) 3rd Aggravated assault; deadly weapon
27 without intent to kill.
28 784.021(1)(b) 3rd Aggravated assault; intent to
29 commit felony.
30 784.048(3) 3rd Aggravated stalking; credible
31 threat.
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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.
10 787.02(2) 3rd False imprisonment; restraining
11 with purpose other than those in
12 s. 787.01.
13 790.115(2)(d) 2nd Discharging firearm or weapon on
14 school property.
15 790.161(2) 2nd Make, possess, or throw
16 destructive device with intent to
17 do bodily harm or damage
18 property.
19 790.164(1) 2nd False report of deadly explosive
20 or act of arson or violence to
21 state property.
22 790.19 2nd Shooting or throwing deadly
23 missiles into dwellings, vessels,
24 or vehicles.
25 794.011(8)(a) 3rd Solicitation of minor to
26 participate in sexual activity by
27 custodial adult.
28 794.05(1) 2nd Unlawful sexual activity with
29 specified minor.
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1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b) 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.13(2)(c) 2nd Robbery, no firearm or other
10 weapon (strong-arm robbery).
11 817.034(4)(a)1. 1st Communications fraud, value
12 greater than $50,000.
13 817.4821(5) 2nd Possess cloning paraphernalia
14 with intent to create cloned
15 cellular telephones.
16 825.102(1) 3rd Abuse of an elderly person or
17 disabled adult.
18 825.102(3)(c) 3rd Neglect of an elderly person or
19 disabled adult.
20 825.1025(3) 3rd Lewd or lascivious molestation of
21 an elderly person or disabled
22 adult.
23 825.103(2)(c) 3rd Exploiting an elderly person or
24 disabled adult and property is
25 valued at $100 or more, but less
26 than $20,000.
27 827.03(1) 3rd Abuse of a child.
28 827.03(3)(c) 3rd Neglect of a child.
29 827.071(2)&(3) 2nd Use or induce a child in a sexual
30 performance, or promote or direct
31 such performance.
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Florida House of Representatives - 1998 CS/HB 1461
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1 836.05 2nd Threats; extortion.
2 836.10 2nd Written threats to kill or do
3 bodily injury.
4 843.12 3rd Aids or assists person to escape.
5 914.23 2nd Retaliation against a witness,
6 victim, or informant, with bodily
7 injury.
8 944.35(3)(a)2. 3rd Committing malicious battery upon
9 or inflicting cruel or inhuman
10 treatment on an inmate or
11 offender on community
12 supervision, resulting in great
13 bodily harm.
14 944.40 2nd Escapes.
15 944.46 3rd Harboring, concealing, aiding
16 escaped prisoners.
17 944.47(1)(a)5. 2nd Introduction of contraband
18 (firearm, weapon, or explosive)
19 into correctional facility.
20 951.22(1) 3rd Intoxicating drug, firearm, or
21 weapon introduced into county
22 facility.
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24 Section 3. Paragraph (a) of subsection (1) of section
25 775.089, Florida Statutes, is amended to read:
26 775.089 Restitution.--
27 (1)(a) In addition to any punishment, the court shall
28 order the defendant to make restitution to the victim for:
29 1. Damage or loss caused directly or indirectly by the
30 defendant's offense; and
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Florida House of Representatives - 1998 CS/HB 1461
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1 2. Damage or loss related to the defendant's criminal
2 episode; and,
3 3. If the defendant's offense was a violation of s.
4 316.027(1), damage or loss related to, or occurring directly
5 or indirectly as a result of, the underlying accident
6 resulting in injury or death of any person,
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8 unless it finds clear and compelling reasons not to order such
9 restitution. Restitution may be monetary or nonmonetary
10 restitution. The court shall make the payment of restitution a
11 condition of probation in accordance with s. 948.03. An order
12 requiring the defendant to make restitution to a victim does
13 not remove or diminish the requirement that the court order
14 payment to the Crimes Compensation Trust Fund pursuant to
15 chapter 960. Payment of an award by the Crimes Compensation
16 Trust Fund shall create an order of restitution to the Crimes
17 Compensation Trust Fund, unless specifically waived in
18 accordance with subparagraph (b)1.
19 Section 4. Paragraph (a) of subsection (7) of section
20 921.0021, Florida Statutes, is amended to read:
21 921.0021 Definitions.--As used in this chapter, the
22 term:
23 (7)(a) "Victim injury" means the physical injury or
24 death suffered by a person as a direct result of the primary
25 offense, or any additional offense, for which an offender is
26 convicted and which is pending before the court for sentencing
27 at the time of the primary offense. However, if the primary
28 offense or additional offense is a violation of s. 316.027(1),
29 the term "victim injury" includes the physical injury or death
30 suffered by a person as a direct or indirect result of the
31 underlying accident.
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1 Section 5. This act shall take effect October 1 of the
2 year in which enacted.
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