CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 4233
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Grant moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 15, between lines 13 and 14,
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16 insert:
17 Section 9. Section 782.071, Florida Statutes, is
18 amended to read:
19 782.071 Vehicular homicide.--"Vehicular homicide" is
20 the killing of a human being, or the killing of a viable fetus
21 by any injury to the mother caused by the operation of a motor
22 vehicle by another in a reckless manner likely to cause the
23 death of, or great bodily harm to, another. Vehicular homicide
24 is:
25 (1) A felony of the third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (2) A felony of the second degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084, if:
29 (a) At the time of the accident, the person knew, or
30 should have known, that the accident occurred; and
31 (b) The person failed to give information and render
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1 aid as required by s. 316.062.
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3 This subsection does not require that the person knew that the
4 accident resulted in injury or death.
5 (3) For purposes of this section, a fetus is viable if
6 there is a reasonable degree of medical probability that it is
7 capable of life outside the womb.
8 (4) A right of action for civil damages shall exist
9 under s. 768.19, under all circumstances, for all deaths
10 described in this section.
11 Section 10. Paragraph (g) of subsection (3) of section
12 921.0022, Florida Statutes, is amended, and paragraph (h) of
13 subsection (3) of that section is reenacted, to read:
14 921.0022 Criminal Punishment Code; offense severity
15 ranking chart.--
16 (3) OFFENSE SEVERITY RANKING CHART
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18 Florida Felony
19 Statute Degree Description
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22 (g) LEVEL 7
23 316.193(3)(c)2. 3rd DUI resulting in serious bodily
24 injury.
25 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
26 bodily injury.
27 409.920(2) 3rd Medicaid provider fraud.
28 494.0018(2) 1st Conviction of any violation of
29 ss. 494.001-494.0077 in which the
30 total money and property
31 unlawfully obtained exceeded
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1 $50,000 and there were five or
2 more victims.
3 782.07(1) 2nd Killing of a human being by the
4 act, procurement, or culpable
5 negligence of another
6 (manslaughter).
7 782.071 3rd Killing of human being or viable
8 fetus by the operation of a motor
9 vehicle in a reckless manner
10 (vehicular homicide).
11 782.072 3rd Killing of a human being by the
12 operation of a vessel in a
13 reckless manner (vessel
14 homicide).
15 784.045(1)(a)1. 2nd Aggravated battery; intentionally
16 causing great bodily harm or
17 disfigurement.
18 784.045(1)(a)2. 2nd Aggravated battery; using deadly
19 weapon.
20 784.045(1)(b) 2nd Aggravated battery; perpetrator
21 aware victim pregnant.
22 784.048(4) 3rd Aggravated stalking; violation of
23 injunction or court order.
24 784.07(2)(d) 1st Aggravated battery on law
25 enforcement officer.
26 784.08(2)(a) 1st Aggravated battery on a person 65
27 years of age or older.
28 784.081(1) 1st Aggravated battery on specified
29 official or employee.
30 784.082(1) 1st Aggravated battery by detained
31 person on visitor or other
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1 detainee.
2 790.07(4) 1st Specified weapons violation
3 subsequent to previous conviction
4 of s. 790.07(1) or (2).
5 790.16(1) 1st Discharge of a machine gun under
6 specified circumstances.
7 796.03 2nd Procuring any person under 16
8 years for prostitution.
9 800.04 2nd Handle, fondle, or assault child
10 under 16 years in lewd,
11 lascivious, or indecent manner.
12 806.01(2) 2nd Maliciously damage structure by
13 fire or explosive.
14 810.02(3)(a) 2nd Burglary of occupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(d) 2nd Burglary of occupied conveyance;
19 unarmed; no assault or battery.
20 812.014(2)(a) 1st Property stolen, valued at
21 $100,000 or more; property stolen
22 while causing other property
23 damage; 1st degree grand theft.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.133(2)(b) 1st Carjacking; no firearm, deadly
29 weapon, or other weapon.
30 825.102(3)(b) 2nd Neglecting an elderly person or
31 disabled adult causing great
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1 bodily harm, disability, or
2 disfigurement.
3 825.1025(2) 2nd Lewd or lascivious battery upon
4 an elderly person or disabled
5 adult.
6 825.103(2)(b) 2nd Exploiting an elderly person or
7 disabled adult and property is
8 valued at $20,000 or more, but
9 less than $100,000.
10 827.03(3)(b) 2nd Neglect of a child causing great
11 bodily harm, disability, or
12 disfigurement.
13 827.04(4) 3rd Impregnation of a child under 16
14 years of age by person 21 years
15 of age or older.
16 872.06 2nd Abuse of a dead human body.
17 893.13(1)(c)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), or (2)(b) drugs) within
21 1,000 feet of a school.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), or (2)(b) drugs).
25 893.135(1)(a)1. 1st Trafficking in cannabis, more
26 than 50 lbs., less than 2,000
27 lbs.
28 893.135
29 (1)(b)1.a. 1st Trafficking in cocaine, more than
30 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 (h) LEVEL 8
16 316.193
17 (3)(c)3.a. 2nd DUI manslaughter.
18 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
19 777.03(2)(a) 1st Accessory after the fact, capital
20 felony.
21 782.04(4) 2nd Killing of human without design
22 when engaged in act or attempt of
23 any felony other than arson,
24 sexual battery, robbery,
25 burglary, kidnapping, aircraft
26 piracy, or unlawfully discharging
27 bomb.
28 782.071(2) 2nd Committing vehicular homicide and
29 failing to render aid or give
30 information.
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1 782.072(2) 2nd Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 806.01(1) 1st Maliciously damage dwelling or
12 structure by fire or explosive,
13 believing person in structure.
14 810.02(2)(a) 1st,PBL Burglary with assault or battery.
15 810.02(2)(b) 1st,PBL Burglary; armed with explosives
16 or dangerous weapon.
17 810.02(2)(c) 1st Burglary of a dwelling or
18 structure causing structural
19 damage or $1,000 or more property
20 damage.
21 812.13(2)(b) 1st Robbery with a weapon.
22 812.135(2) 1st Home-invasion robbery.
23 825.102(2) 2nd Aggravated abuse of an elderly
24 person or disabled adult.
25 825.103(2)(a) 1st Exploiting an elderly person or
26 disabled adult and property is
27 valued at $100,000 or more.
28 827.03(2) 2nd Aggravated child abuse.
29 860.121(2)(c) 1st Shooting at or throwing any
30 object in path of railroad
31 vehicle resulting in great bodily
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1 harm.
2 860.16 1st Aircraft piracy.
3 893.13(1)(b) 1st Sell or deliver in excess of 10
4 grams of any substance specified
5 in s. 893.03(1)(a) or (b).
6 893.13(2)(b) 1st Purchase in excess of 10 grams of
7 any substance specified in s.
8 893.03(1)(a) or (b).
9 893.13(6)(c) 1st Possess in excess of 10 grams of
10 any substance specified in s.
11 893.03(1)(a) or (b).
12 893.135(1)(a)2. 1st Trafficking in cannabis, more
13 than 2,000 lbs., less than 10,000
14 lbs.
15 893.135
16 (1)(b)1.b. 1st Trafficking in cocaine, more than
17 200 grams, less than 400 grams.
18 893.135
19 (1)(c)1.b. 1st Trafficking in illegal drugs,
20 more than 14 grams, less than 28
21 grams.
22 893.135
23 (1)(d)1.b. 1st Trafficking in phencyclidine,
24 more than 200 grams, less than
25 400 grams.
26 893.135
27 (1)(e)1.b. 1st Trafficking in methaqualone, more
28 than 5 kilograms, less than 25
29 kilograms.
30 893.135
31 (1)(f)1.b. 1st Trafficking in amphetamine, more
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1 than 28 grams, less than 200
2 grams.
3 895.03(1) 1st Use or invest proceeds derived
4 from pattern of racketeering
5 activity.
6 895.03(2) 1st Acquire or maintain through
7 racketeering activity any
8 interest in or control of any
9 enterprise or real property.
10 895.03(3) 1st Conduct or participate in any
11 enterprise through pattern of
12 racketeering activity.
13 Section 11. For the purpose of incorporating the
14 amendment made by this act to section 782.071, Florida
15 Statutes, in a reference thereto, paragraph (b) of subsection
16 (3) of section 960.03, Florida Statutes, is reenacted to read:
17 960.03 Definitions.--As used in ss. 960.01-960.28,
18 unless the context otherwise requires, the term:
19 (b) A violation of s. 316.193, s. 316.027(1), or s.
20 782.071(2), which results in physical injury or death;
21 however, no other act involving the operation of a motor
22 vehicle, boat, or aircraft which results in injury or death
23 shall constitute a crime for the purpose of this chapter
24 unless the injury or death was intentionally inflicted through
25 the use of such vehicle, boat, or aircraft or unless such
26 vehicle, boat, or aircraft is an implement of a crime to which
27 this act applies.
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29 (Redesignate subsequent sections.)
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 24, after the semicolon
4
5 insert:
6 amending s. 782.071, F.S.; redefining the
7 offense of "vehicular homicide" to include the
8 killing of a viable fetus by any injury to the
9 mother caused by the operation of a motor
10 vehicle by another; providing penalties;
11 specifying when a fetus is viable; providing a
12 right of action for civil damages; reenacting
13 ss. 921.0012(3)(h) and 960.03(3), F.S.,
14 relating to the offense severity ranking chart
15 and the definition of "crime" with respect to
16 the Florida Crimes Compensation Act,
17 respectively, to incorporate said amendment in
18 references; amending s. 921.0012, F.S.,
19 relating to the offense severity ranking chart,
20 to conform terminology;
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