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.
1
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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
2
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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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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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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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