Senate Bill 0794

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    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

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    Florida Senate - 1998                                   SB 794
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  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

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  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

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  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.

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  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.

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  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.

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  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.

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  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.

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    Florida Senate - 1998                                   SB 794
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  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.

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  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

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    Florida Senate - 1998                                   SB 794
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  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

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