House Bill 4059er
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1998 Legislature HB 4059, First Engrossed
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2 An act relating to violations of traffic law;
3 amending s. 316.1935, F.S.; providing that it
4 is a third-degree felony for a person to
5 willfully flee or attempt to elude a law
6 enforcement officer in a marked patrol vehicle;
7 providing that, it is a second-degree felony
8 for a person to drive at high speed, or in any
9 manner demonstrating a wanton disregard for the
10 safety of persons or property, during the
11 course of willfully fleeing or attempting to
12 elude a law enforcement officer in a marked
13 patrol vehicle; providing that the offense of
14 aggravated fleeing or eluding a law enforcement
15 officer is a second-degree felony; amending s.
16 921.0022, F.S., relating to the offense
17 severity ranking chart of the Criminal
18 Punishment Code; revising the ranking of such
19 offenses to conform to changes made by the act;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 316.1935, Florida Statutes, is
25 amended to read:
26 316.1935 Fleeing or attempting to elude a law
27 enforcement officer; aggravated fleeing and eluding.--
28 (1) It is unlawful for the operator of any vehicle,
29 having knowledge that he or she has been ordered directed to
30 stop such vehicle by a duly authorized law enforcement
31 officer, willfully to refuse or fail to stop the vehicle in
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1998 Legislature HB 4059, First Engrossed
1 compliance with such order directive or, having stopped in
2 knowing compliance with such order the directive, willfully to
3 flee in an attempt to elude the officer, and a person who
4 violates this subsection shall, upon conviction, be punished
5 by imprisonment in the county jail for a period not to exceed
6 1 year, or by fine not to exceed $1,000, or by both such fine
7 and imprisonment.
8 (2) Any person who willfully flees or attempts, in the
9 course of unlawfully fleeing or attempting to elude a law
10 enforcement officer in an authorized law enforcement patrol
11 vehicle with agency insignia and other jurisdictional markings
12 prominently displayed on the vehicle with siren and lights
13 activated pursuant to subsection (1), having knowledge of an
14 order to stop by a duly authorized law enforcement officer,
15 causes the law enforcement officer to engage in a high-speed
16 vehicle pursuit commits a felony of the third degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 (3) Any person who willfully flees or attempts to
20 elude a law enforcement officer in an authorized law
21 enforcement patrol vehicle with agency insignia and other
22 jurisdictional markings prominently displayed on the vehicle
23 with siren and lights activated, and during the course of the
24 fleeing or attempted eluding drives at high speed, or in any
25 manner which demonstrates a wanton disregard for the safety of
26 persons or property commits a felony of the second degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084.
29 (4)(3) Any person who, in the course of unlawfully
30 leaving or attempting to leave the scene of an accident in
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1 violation of s. 316.027 or s. 316.061, having knowledge of an
2 order to stop by a duly authorized law enforcement officer:
3 (a) Willfully refuses or fails to stop in compliance
4 with such an order, or having stopped in knowing compliance
5 with such order, willfully flees in an attempt to elude such
6 officer; and
7 (b) As a result of such fleeing or eluding, causes
8 injury to another person or causes damage to any property
9 belonging to another person
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11 commits aggravated fleeing or eluding, a felony of the second
12 third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084. The felony of aggravated fleeing or
14 eluding constitutes a separate offense for which a person may
15 be charged, in addition to the offense of unlawfully leaving
16 the scene of an accident which the person had been in the
17 course of committing or attempting to commit when the order to
18 stop was given.
19 (5)(4) The court may revoke, for a period not to
20 exceed 1 year, the driver's license of any operator of a motor
21 vehicle convicted of a violation of subsection (1), subsection
22 (2), or subsection (3), or subsection (4).
23 Section 2. Paragraphs (c), (d), and (e) of subsection
24 (3) of section 921.0022, Florida Statutes, as created by
25 section 5 of chapter 97-194, Laws of Florida, are amended to
26 read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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1998 Legislature HB 4059, First Engrossed
1 Florida Felony
2 Statute Degree Description
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5 (c) LEVEL 3
6 39.061 3rd Escapes from juvenile facility
7 (secure detention or residential
8 commitment facility).
9 316.1935(2) 3rd Fleeing or attempting to elude
10 law enforcement officer in marked
11 patrol vehicle with siren and
12 lights activated.
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(3)(2) 2nd Driving at high speed or with
6 3rd wanton disregard for safety while
7 fleeing or attempting to elude
8 law enforcement officer who is in
9 a marked patrol vehicle with
10 siren and lights activated
11 resulting in 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.
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1 316.1935(4)(3) 2nd Aggravated fleeing or eluding.
2 3rd
3 322.34(3) 3rd Careless operation of motor
4 vehicle with suspended license,
5 resulting in death or serious
6 bodily injury.
7 327.30(5) 3rd Vessel accidents involving
8 personal injury; leaving scene.
9 381.0041(11)(b) 3rd Donate blood, plasma, or organs
10 knowing HIV positive.
11 790.01(2) 3rd Carrying a concealed firearm.
12 790.162 2nd Threat to throw or discharge
13 destructive device.
14 790.163 2nd False report of deadly explosive.
15 790.165(2) 3rd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.221(1) 2nd Possession of short-barreled
18 shotgun or machine gun.
19 790.23 2nd Felons in possession of firearms
20 or electronic weapons or devices.
21 806.111(1) 3rd Possess, manufacture, or dispense
22 fire bomb with intent to damage
23 any structure or property.
24 812.019(1) 2nd Stolen property; dealing in or
25 trafficking in.
26 812.16(2) 3rd Owning, operating, or conducting
27 a chop shop.
28 817.034(4)(a)2. 2nd Communications fraud, value
29 $20,000 to $50,000.
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1 825.1025(4) 3rd Lewd or lascivious exhibition in
2 the presence of an elderly person
3 or disabled adult.
4 827.071(4) 2nd Possess with intent to promote
5 any photographic material, motion
6 picture, etc., which includes
7 sexual conduct by a child.
8 843.01 3rd Resist officer with violence to
9 person; resist arrest with
10 violence.
11 874.05(2) 2nd Encouraging or recruiting another
12 to join a criminal street gang;
13 second or subsequent offense.
14 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), or (2)(b) drugs).
18 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
19 cannabis (or other s.
20 893.03(1)(c), (2)(c), (3), or (4)
21 drugs) within 1,000 feet of a
22 school.
23 893.13(1)(d)1. 1st Sell, manufacture, or deliver
24 cocaine (or other s.
25 893.03(1)(a), (1)(b), (1)(d),
26 (2)(a), or (2)(b) drugs) within
27 200 feet of university, public
28 housing facility, or public park.
29 893.13(4)(b) 2nd Deliver to minor cannabis (or
30 other s. 893.03(1)(c), (2)(c),
31 (3), or (4) drugs).
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1 Section 3. This act shall take effect October 1, 1998.
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