Senate Bill 0794
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
By Senator Dudley
25-257A-98
1 A bill to be entitled
2 An act relating to the offense of fleeing or
3 attempting to elude a law enforcement officer;
4 amending s. 316.1935, F.S.; providing that it
5 is a third-degree felony for the operator of a
6 vehicle to fail to stop the vehicle when so
7 directed by a law enforcement officer or to
8 attempt to elude such officer; providing that,
9 following an order by a law enforcement officer
10 to stop, it is a second-degree felony for a
11 person to cause the law enforcement officer to
12 engage in a vehicle pursuit, regardless of the
13 speed of the pursuit; providing that the
14 offense of aggravated fleeing or eluding a law
15 enforcement officer is a second-degree felony;
16 amending s. 921.0022, F.S., relating to the
17 offense 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 directed to stop such
30 vehicle by a duly authorized law enforcement officer,
31 willfully to refuse or fail to stop the vehicle in compliance
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 with such directive or, having stopped in knowing compliance
2 with the directive, willfully to flee in an attempt to elude
3 the officer., and A person who violates this subsection
4 commits a felony of the third degree, punishable as provided
5 in s. 775.082, s. 775.083, or s. 775.084 shall, upon
6 conviction, be punished by imprisonment in the county jail for
7 a period not to exceed 1 year, or by fine not to exceed
8 $1,000, or by both such fine and imprisonment.
9 (2) Any person who, in the course of unlawfully
10 fleeing or attempting to elude a law enforcement officer in an
11 authorized law enforcement patrol vehicle with agency insignia
12 and other jurisdictional markings prominently displayed on the
13 vehicle with siren and lights activated pursuant to subsection
14 (1), having knowledge of an order to stop by a duly authorized
15 law enforcement officer, causes the law enforcement officer to
16 engage in a high-speed vehicle pursuit, regardless of the
17 speed of the pursuit, commits a felony of the second third
18 degree, punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084.
20 (3) Any person who, in the course of unlawfully
21 leaving or attempting to leave the scene of an accident in
22 violation of s. 316.027 or s. 316.061, having knowledge of an
23 order to stop by a duly authorized law enforcement officer:
24 (a) Willfully refuses or fails to stop in compliance
25 with such an order, or having stopped in knowing compliance
26 with such order, willfully flees in an attempt to elude such
27 officer; and
28 (b) As a result of such fleeing or eluding, causes
29 injury to another person or causes damage to any property
30 belonging to another person
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 commits aggravated fleeing or eluding, a felony of the second
2 third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084. The felony of aggravated fleeing or
4 eluding constitutes a separate offense for which a person may
5 be charged, in addition to the offense of unlawfully leaving
6 the scene of an accident which the person had been in the
7 course of committing or attempting to commit when the order to
8 stop was given.
9 (4) The court may revoke, for a period not to exceed 1
10 year, the driver's license of any operator of a motor vehicle
11 convicted of a violation of subsection (1), subsection (2), or
12 subsection (3).
13 Section 2. Paragraphs (c), (d), and (e) of subsection
14 (3) of section 921.0022, Florida Statutes, as created by
15 section 5 of chapter 97-194, Laws of Florida, are amended to
16 read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (c) LEVEL 3
26 39.061 3rd Escapes from juvenile facility
27 (secure detention or residential
28 commitment facility).
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 316.1935(1) 3rd Refusing to stop a vehicle
2 following directive by a law
3 enforcement officer or attempting
4 to elude the officer.
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.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
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.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
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(2) 2nd 3rd Fleeing or attempting to elude
30 law enforcement officer resulting
31 in high-speed pursuit.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 784.07(2)(b) 3rd Battery of law enforcement
2 officer, firefighter, intake
3 officer, etc.
4 784.075 3rd Battery on detention or
5 commitment facility staff.
6 784.08(2)(c) 3rd Battery on a person 65 years of
7 age or older.
8 784.081(3) 3rd Battery on specified official or
9 employee.
10 784.082(3) 3rd Battery by detained person on
11 visitor or other detainee.
12 787.03(1) 3rd Interference with custody;
13 wrongly takes child from
14 appointed guardian.
15 787.04(2) 3rd Take, entice, or remove child
16 beyond state limits with criminal
17 intent pending custody
18 proceedings.
19 787.04(3) 3rd Carrying child beyond state lines
20 with criminal intent to avoid
21 producing child at custody
22 hearing or delivering to
23 designated person.
24 790.115(1) 3rd Exhibiting firearm or weapon
25 within 1,000 feet of a school.
26 790.115(2)(b) 3rd Possessing electric weapon or
27 device, destructive device, or
28 other weapon on school property.
29 790.115(2)(c) 3rd Possessing firearm on school
30 property.
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5)
19 drugs.
20 828.125(1) 2nd Kill, maim, or cause great bodily
21 harm or permanent breeding
22 disability to any registered
23 horse or cattle.
24 837.02(1) 3rd Perjury in official proceedings.
25 837.021(1) 3rd Make contradictory statements in
26 official proceedings.
27 843.025 3rd Deprive law enforcement,
28 correctional, or correctional
29 probation officer of means of
30 protection or communication.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d), or
8 (2)(a) or (b) drugs).
9 914.14(2) 3rd Witnesses accepting bribes.
10 914.22(1) 3rd Force, threaten, etc., witness,
11 victim, or informant.
12 914.23(2) 3rd Retaliation against a witness,
13 victim, or informant, no bodily
14 injury.
15 918.12 3rd Tampering with jurors.
16 (e) LEVEL 5
17 316.027(1)(a) 3rd Accidents involving personal
18 injuries, failure to stop;
19 leaving scene.
20 316.1935(3) 2nd 3rd Aggravated fleeing or eluding.
21 322.34(3) 3rd Careless operation of motor
22 vehicle with suspended license,
23 resulting in death or serious
24 bodily injury.
25 327.30(5) 3rd Vessel accidents involving
26 personal injury; leaving scene.
27 381.0041(11)(b) 3rd Donate blood, plasma, or organs
28 knowing HIV positive.
29 790.01(2) 3rd Carrying a concealed firearm.
30 790.162 2nd Threat to throw or discharge
31 destructive device.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 790.163 2nd False report of deadly explosive.
2 790.165(2) 3rd Manufacture, sell, possess, or
3 deliver hoax bomb.
4 790.221(1) 2nd Possession of short-barreled
5 shotgun or machine gun.
6 790.23 2nd Felons in possession of firearms
7 or electronic weapons or devices.
8 806.111(1) 3rd Possess, manufacture, or dispense
9 fire bomb with intent to damage
10 any structure or property.
11 812.019(1) 2nd Stolen property; dealing in or
12 trafficking in.
13 812.16(2) 3rd Owning, operating, or conducting
14 a chop shop.
15 817.034(4)(a)2. 2nd Communications fraud, value
16 $20,000 to $50,000.
17 825.1025(4) 3rd Lewd or lascivious exhibition in
18 the presence of an elderly person
19 or disabled adult.
20 827.071(4) 2nd Possess with intent to promote
21 any photographic material, motion
22 picture, etc., which includes
23 sexual conduct by a child.
24 843.01 3rd Resist officer with violence to
25 person; resist arrest with
26 violence.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 794
25-257A-98
1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), or (2)(b) drugs).
5 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
6 cannabis (or other s.
7 893.03(1)(c), (2)(c), (3), or (4)
8 drugs) within 1,000 feet of a
9 school.
10 893.13(1)(d)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d),
13 (2)(a), or (2)(b) drugs) within
14 200 feet of university, public
15 housing facility, or public park.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c),
18 (3), or (4) drugs).
19 Section 3. This act shall take effect October 1, 1998.
20
21 *****************************************
22 SENATE SUMMARY
23 Makes the crime of refusing or failing to stop a vehicle
in compliance with a directive by a law enforcement
24 officer a third-degree felony. Provides that it is a
second-degree felony to cause a law enforcement officer
25 to engage in a vehicle pursuit following an order to
stop, regardless of the speed of the pursuit. Increases
26 the penalty for the offense of aggravated fleeing or
eluding a law enforcement officer from a third-degree
27 felony to a second-degree felony.
28
29
30
31
11