Senate Bill 1788

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



    Florida Senate - 1998                                  SB 1788

    By Senator Jones





    40-1507-98                                         See HB 1461

  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, 960.03, F.S., relating to

28         written reports of accidents and definitions

29         with respect to the Florida Crimes Compensation

30         Act, respectively, to correct a

31         cross-reference; providing an effective date.

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






    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




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






    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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 section 316.027, Florida Statutes, in references

10  thereto, paragraphs (e) and (f) of subsection (3) of section

11  921.0022, Florida Statutes, are reenacted to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

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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    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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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    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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                              (f)  LEVEL 6

23  316.027(1)(b)      2nd      Accident involving death, failure

24                              to stop; leaving scene.

25  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

26                              conviction.

27  775.0875(1)        3rd      Taking firearm from law

28                              enforcement officer.

29  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

30                              without intent to kill.

31

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






    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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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    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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.

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






    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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         Section 3.  Paragraph (a) of subsection (1) of section

27  775.089, Florida Statutes, is amended to read:

28         775.089  Restitution.--

29         (1)(a)  In addition to any punishment, the court shall

30  order the defendant to make restitution to the victim for:

31

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    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  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  921.0021, Florida Statutes, is amended to read:

23         921.0021  Definitions.--As used in this chapter, the

24  term:

25         (7)(a)  "Victim injury" means the physical injury or

26  death suffered by a person as a direct result of the primary

27  offense, or any additional offense, for which an offender is

28  convicted and which is pending before the court for sentencing

29  at the time of the primary offense. However, if the primary

30  offense or additional offense is a violation of s. 316.027(1),

31  the term "victim injury" includes the physical injury or death

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    Florida Senate - 1998                                  SB 1788
    40-1507-98                                         See HB 1461




  1  suffered by a person as a direct or indirect result of the

  2  underlying accident.

  3         Section 5.  This act shall take effect October 1, 1998.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Redefines the offense of unlawful failure to stop or
  8    remain at the scene of accident. Provides circumstances
      under which a person who knew or should have known the
  9    accident occurred commits such offense, regardless of
      whether the person knew at the time of the accident that
10    injury or death resulted. Provides that the court may
      order a person who commits such offense to make
11    restitution for certain damages or loss related to, or
      occurring directly or indirectly as a result of, the
12    underlying accident resulting in injury or death.
      Redefines the term "victim injury," for purposes of
13    sentencing a person who commits such offense, to include
      physical injury or death suffered by a person as a direct
14    or indirect result of the underlying accident.

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