House Bill 4059er

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





    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  1

  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.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

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


                                  1

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




    ENROLLED

    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

31


                                  2

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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

10

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

30

31


                                  3

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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(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.


                                  4

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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.


                                  5

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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.


                                  6

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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.

30

31


                                  7

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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.


                                  8

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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


                                  9

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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.

30

31


                                  10

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



  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).


                                  11

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




    ENROLLED

    1998 Legislature                      HB 4059, First Engrossed



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

  2

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  12