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