CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Futch offered the following:
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13 Amendment (with title amendment)
14 remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 316.1935, Florida Statutes, is
18 amended to read:
19 316.1935 Fleeing or attempting to elude a law
20 enforcement officer; aggravated fleeing and eluding.--
21 (1) It is unlawful for the operator of any vehicle,
22 having knowledge that he or she has been ordered directed to
23 stop such vehicle by a duly authorized law enforcement
24 officer, willfully to refuse or fail to stop the vehicle in
25 compliance with such order directive or, having stopped in
26 knowing compliance with such order the directive, willfully to
27 flee in an attempt to elude the officer, and a person who
28 violates this subsection shall, upon conviction, be punished
29 by imprisonment in the county jail for a period not to exceed
30 1 year, or by fine not to exceed $1,000, or by both such fine
31 and imprisonment.
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 (2) Any person who willfully flees or attempts, in the
2 course of unlawfully fleeing or attempting to elude a law
3 enforcement officer in an authorized law enforcement patrol
4 vehicle with agency insignia and other jurisdictional markings
5 prominently displayed on the vehicle with siren and lights
6 activated pursuant to subsection (1), having knowledge of an
7 order to stop by a duly authorized law enforcement officer,
8 causes the law enforcement officer to engage in a high-speed
9 vehicle pursuit commits a felony of the third degree,
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084.
12 (3) Any person who willfully flees or attempts to
13 elude a law enforcement officer in an authorized law
14 enforcement patrol vehicle with agency insignia and other
15 jurisdictional markings prominently displayed on the vehicle
16 with siren and lights activated, and during the course of the
17 fleeing or attempted eluding drives at high speed, or in any
18 manner which demonstrates a wanton disregard for the safety of
19 persons or property commits a felony of the second degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 (4)(3) Any person who, in the course of unlawfully
23 leaving or attempting to leave the scene of an accident in
24 violation of s. 316.027 or s. 316.061, having knowledge of an
25 order to stop by a duly authorized law enforcement officer:
26 (a) Willfully refuses or fails to stop in compliance
27 with such an order, or having stopped in knowing compliance
28 with such order, willfully flees in an attempt to elude such
29 officer; and
30 (b) As a result of such fleeing or eluding, causes
31 injury to another person or causes damage to any property
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 belonging to another person
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3 commits aggravated fleeing or eluding, a felony of the second
4 third degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084. The felony of aggravated fleeing or
6 eluding constitutes a separate offense for which a person may
7 be charged, in addition to the offense of unlawfully leaving
8 the scene of an accident which the person had been in the
9 course of committing or attempting to commit when the order to
10 stop was given.
11 (5)(4) The court may revoke, for a period not to
12 exceed 1 year, the driver's license of any operator of a motor
13 vehicle convicted of a violation of subsection (1), subsection
14 (2), or subsection (3), or subsection (4).
15 Section 2. Paragraphs (c), (d), and (e) of subsection
16 (3) of section 921.0022, Florida Statutes, as created by
17 section 5 of chapter 97-194, Laws of Florida, are amended to
18 read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
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23 Florida Felony
24 Statute Degree Description
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27 (c) LEVEL 3
28 39.061 3rd Escapes from juvenile facility
29 (secure detention or residential
30 commitment facility).
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 316.1935(2) 3rd Fleeing or attempting to elude
2 law enforcement officer in marked
3 patrol vehicle with siren and
4 lights activated.
5 319.30(4) 3rd Possession by junkyard of motor
6 vehicle with identification
7 number plate removed.
8 319.33(1)(a) 3rd Alter or forge any certificate of
9 title to a motor vehicle or
10 mobile home.
11 319.33(1)(c) 3rd Procure or pass title on stolen
12 vehicle.
13 319.33(4) 3rd With intent to defraud, possess,
14 sell, etc., a blank, forged, or
15 unlawfully obtained title or
16 registration.
17 328.05(2) 3rd Possess, sell, or counterfeit
18 fictitious, stolen, or fraudulent
19 titles or bills of sale of
20 vessels.
21 328.07(4) 3rd Manufacture, exchange, or possess
22 vessel with counterfeit or wrong
23 ID number.
24 376.302(5) 3rd Fraud related to reimbursement
25 for cleanup expenses under the
26 Inland Protection Trust Fund.
27 501.001(2)(b) 2nd Tampers with a consumer product
28 or the container using materially
29 false/misleading information.
30 697.08 3rd Equity skimming.
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 790.15(3) 3rd Person directs another to
2 discharge firearm from a vehicle.
3 796.05(1) 3rd Live on earnings of a prostitute.
4 806.10(1) 3rd Maliciously injure, destroy, or
5 interfere with vehicles or
6 equipment used in firefighting.
7 806.10(2) 3rd Interferes with or assaults
8 firefighter in performance of
9 duty.
10 810.09(2)(c) 3rd Trespass on property other than
11 structure or conveyance armed
12 with firearm or dangerous weapon.
13 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
14 less than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 828.12(2) 3rd Tortures any animal with intent
23 to inflict intense pain, serious
24 physical injury, or death.
25 831.29 2nd Possession of instruments for
26 counterfeiting drivers' licenses.
27 838.021(3)(b) 3rd Threatens unlawful harm to public
28 servant.
29 843.19 3rd Injure, disable, or kill police
30 dog or horse.
31 870.01(2) 3rd Riot; inciting or encouraging.
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
2 cannabis (or other s.
3 893.03(1)(c), (2)(c), (3), or (4)
4 drugs).
5 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
6 893.03(1)(c), (2)(c), (3), or (4)
7 drugs within 200 feet of
8 university, public housing
9 facility, or public park.
10 893.13(6)(a) 3rd Possession of any controlled
11 substance other than felony
12 possession of cannabis.
13 893.13(7)(a)9. 3rd Obtain or attempt to obtain
14 controlled substance by fraud,
15 forgery, misrepresentation, etc.
16 893.13(7)(a)11. 3rd Furnish false or fraudulent
17 material information on any
18 document or record required by
19 chapter 893.
20 918.13(1)(a) 3rd Alter, destroy, or conceal
21 investigation evidence.
22 944.47
23 (1)(a)1.-2. 3rd Introduce contraband to
24 correctional facility.
25 944.47(1)(c) 2nd Possess contraband while upon the
26 grounds of a correctional
27 institution.
28 (d) LEVEL 4
29 316.1935(3)(2) 2nd Driving at high speed or with
30 3rd wanton disregard for safety while
31 fleeing or attempting to elude
6
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 law enforcement officer who is in
2 a marked patrol vehicle with
3 siren and lights activated
4 resulting in high-speed pursuit.
5 784.07(2)(b) 3rd Battery of law enforcement
6 officer, firefighter, intake
7 officer, etc.
8 784.075 3rd Battery on detention or
9 commitment facility staff.
10 784.08(2)(c) 3rd Battery on a person 65 years of
11 age or older.
12 784.081(3) 3rd Battery on specified official or
13 employee.
14 784.082(3) 3rd Battery by detained person on
15 visitor or other detainee.
16 787.03(1) 3rd Interference with custody;
17 wrongly takes child from
18 appointed guardian.
19 787.04(2) 3rd Take, entice, or remove child
20 beyond state limits with criminal
21 intent pending custody
22 proceedings.
23 787.04(3) 3rd Carrying child beyond state lines
24 with criminal intent to avoid
25 producing child at custody
26 hearing or delivering to
27 designated person.
28 790.115(1) 3rd Exhibiting firearm or weapon
29 within 1,000 feet of a school.
30 790.115(2)(b) 3rd Possessing electric weapon or
31 device, destructive device, or
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 other weapon on school property.
2 790.115(2)(c) 3rd Possessing firearm on school
3 property.
4 810.02(4)(a) 3rd Burglary, or attempted burglary,
5 of an unoccupied structure;
6 unarmed; no assault or battery.
7 810.02(4)(b) 3rd Burglary, or attempted burglary,
8 of an unoccupied conveyance;
9 unarmed; no assault or battery.
10 810.06 3rd Burglary; possession of tools.
11 810.08(2)(c) 3rd Trespass on property, armed with
12 firearm or dangerous weapon.
13 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
14 or more but less than $20,000.
15 812.014
16 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
17 firearm, motor vehicle,
18 livestock, etc.
19 817.563(1) 3rd Sell or deliver substance other
20 than controlled substance agreed
21 upon, excluding s. 893.03(5)
22 drugs.
23 828.125(1) 2nd Kill, maim, or cause great bodily
24 harm or permanent breeding
25 disability to any registered
26 horse or cattle.
27 837.02(1) 3rd Perjury in official proceedings.
28 837.021(1) 3rd Make contradictory statements in
29 official proceedings.
30 843.025 3rd Deprive law enforcement,
31 correctional, or correctional
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 probation officer of means of
2 protection or communication.
3 843.15(1)(a) 3rd Failure to appear while on bail
4 for felony (bond estreature or
5 bond jumping).
6 874.05(1) 3rd Encouraging or recruiting another
7 to join a criminal street gang.
8 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
9 893.03(1)(a), (b), or (d), or
10 (2)(a) or (b) drugs).
11 914.14(2) 3rd Witnesses accepting bribes.
12 914.22(1) 3rd Force, threaten, etc., witness,
13 victim, or informant.
14 914.23(2) 3rd Retaliation against a witness,
15 victim, or informant, no bodily
16 injury.
17 918.12 3rd Tampering with jurors.
18 (e) LEVEL 5
19 316.027(1)(a) 3rd Accidents involving personal
20 injuries, failure to stop;
21 leaving scene.
22 316.1935(4)(3) 2nd Aggravated fleeing or eluding.
23 3rd
24 322.34(3) 3rd Careless operation of motor
25 vehicle with suspended license,
26 resulting in death or serious
27 bodily injury.
28 327.30(5) 3rd Vessel accidents involving
29 personal injury; leaving scene.
30 381.0041(11)(b) 3rd Donate blood, plasma, or organs
31 knowing HIV positive.
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 790.01(2) 3rd Carrying a concealed firearm.
2 790.162 2nd Threat to throw or discharge
3 destructive device.
4 790.163 2nd False report of deadly explosive.
5 790.165(2) 3rd Manufacture, sell, possess, or
6 deliver hoax bomb.
7 790.221(1) 2nd Possession of short-barreled
8 shotgun or machine gun.
9 790.23 2nd Felons in possession of firearms
10 or electronic weapons or devices.
11 806.111(1) 3rd Possess, manufacture, or dispense
12 fire bomb with intent to damage
13 any structure or property.
14 812.019(1) 2nd Stolen property; dealing in or
15 trafficking in.
16 812.16(2) 3rd Owning, operating, or conducting
17 a chop shop.
18 817.034(4)(a)2. 2nd Communications fraud, value
19 $20,000 to $50,000.
20 825.1025(4) 3rd Lewd or lascivious exhibition in
21 the presence of an elderly person
22 or disabled adult.
23 827.071(4) 2nd Possess with intent to promote
24 any photographic material, motion
25 picture, etc., which includes
26 sexual conduct by a child.
27 843.01 3rd Resist officer with violence to
28 person; resist arrest with
29 violence.
30 874.05(2) 2nd Encouraging or recruiting another
31 to join a criminal street gang;
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HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 second or subsequent offense.
2 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
3 cocaine (or other s.
4 893.03(1)(a), (1)(b), (1)(d),
5 (2)(a), or (2)(b) drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c), (3), or (4)
9 drugs) within 1,000 feet of a
10 school.
11 893.13(1)(d)1. 1st Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), or (2)(b) drugs) within
15 200 feet of university, public
16 housing facility, or public park.
17 893.13(4)(b) 2nd Deliver to minor cannabis (or
18 other s. 893.03(1)(c), (2)(c),
19 (3), or (4) drugs).
20 Section 3. This act shall take effect October 1, 1998.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 remove from the bill: entire title
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27 and insert in lieu thereof:
28 An act relating to violations of traffic law; amending
29 s. 316.1935, F.S.; providing that it is a third-degree felony
30 for a person to willfully flee or attempt to elude a law
31 enforcement officer in a marked patrol vehicle; providing
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File original & 9 copies 04/13/98
hle0002 04:49 pm 04059-0030-193141
HOUSE AMENDMENT
Bill No. HB 4059
Amendment No. 01 (for drafter's use only)
1 that, it is a second-degree felony for a person to drive at
2 high speed, or in any manner demonstrating a wanton disregard
3 for the safety of persons or property, during the course of
4 willfully fleeing or attempting to elude a law enforcement
5 officer in a marked patrol vehicle; providing that the offense
6 of aggravated fleeing or eluding a law enforcement officer is
7 a second-degree felony; amending s. 921.0022, F.S., relating
8 to the offense severity ranking chart of the Criminal
9 Punishment Code; revising the ranking of such offenses to
10 conform to changes made by the act; providing an effective
11 date.
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File original & 9 copies 04/13/98
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