Senate Bill 0794c1
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Florida Senate - 1998 CS for SB 794
By the Committee on Criminal Justice and Senator Dudley
307-1984B-98
1 A bill to be entitled
2 An act relating to violations of traffic law;
3 amending s. 318.18, F.S.; prescribing
4 additional assessments to be made by courts
5 with respect to traffic infractions to be used
6 to fund law enforcement education and training;
7 amending s. 316.1935, F.S.; providing that it
8 is a third-degree felony for a person to
9 willfully flee or attempt to elude a law
10 enforcement officer in a marked patrol vehicle;
11 providing that, it is a second-degree felony
12 for a person to drive at high speed, or in any
13 manner demonstrating a wanton disregard for the
14 safety of persons or property, during the
15 course of willfully fleeing or attempting to
16 elude a law enforcement officer in a marked
17 patrol vehicle; providing that the offense of
18 aggravated fleeing or eluding a law enforcement
19 officer is a second-degree felony; amending s.
20 921.0022, F.S., relating to the offense
21 severity ranking chart of the Criminal
22 Punishment Code; revising the ranking of such
23 offenses to conform to changes made by the act;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (11) of section 318.18, Florida
29 Statutes, is amended to read:
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1 318.18 Amount of civil penalties.--The penalties
2 required for a noncriminal disposition pursuant to s. 318.14
3 are as follows:
4 (11)(a) Court costs which are to be in addition to the
5 stated fine shall be imposed by the court in an amount not
6 less than the following:
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8 For pedestrian infractions................................$ 3.
9 For nonmoving traffic infractions.........................$ 6.
10 For moving traffic infractions............................$10.
11 (b) In addition to the court cost assessed under
12 paragraph (a), the court shall impose a $3 court cost for each
13 infraction to be distributed as provided in s. 938.01 and a $2
14 court cost as provided in s. 938.15 when assessed by a
15 municipality or county s. 943.25(3).
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17 In no event may court costs imposed under this subsection
18 exceed $30. A regional criminal justice assessment center or
19 other local criminal justice access and assessment center may
20 be funded from these court costs.
21 Section 2. Section 316.1935, Florida Statutes, is
22 amended to read:
23 316.1935 Fleeing or attempting to elude a law
24 enforcement officer; aggravated fleeing and eluding.--
25 (1) It is unlawful for the operator of any vehicle,
26 having knowledge that he or she has been ordered directed to
27 stop such vehicle by a duly authorized law enforcement
28 officer, willfully to refuse or fail to stop the vehicle in
29 compliance with such order directive or, having stopped in
30 knowing compliance with such order the directive, willfully to
31 flee in an attempt to elude the officer, and a person who
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1 violates this subsection shall, upon conviction, be punished
2 by imprisonment in the county jail for a period not to exceed
3 1 year, or by fine not to exceed $1,000, or by both such fine
4 and imprisonment.
5 (2) Any person who willfully flees or attempts, in the
6 course of unlawfully fleeing or attempting to elude a law
7 enforcement officer in an authorized law enforcement patrol
8 vehicle with agency insignia and other jurisdictional markings
9 prominently displayed on the vehicle with siren and lights
10 activated pursuant to subsection (1), having knowledge of an
11 order to stop by a duly authorized law enforcement officer,
12 causes the law enforcement officer to engage in a high-speed
13 vehicle pursuit commits a felony of the third degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (3) Any person who willfully flees or attempts to
17 elude a law enforcement officer in an authorized law
18 enforcement patrol vehicle with agency insignia and other
19 jurisdictional markings prominently displayed on the vehicle
20 with siren and lights activated, and during the course of the
21 fleeing or attempted eluding drives at high speed, or in any
22 manner which demonstrates a wanton disregard for the safety of
23 persons or property commits a felony of the second degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 (4)(3) Any person who, in the course of unlawfully
27 leaving or attempting to leave the scene of an accident in
28 violation of s. 316.027 or s. 316.061, having knowledge of an
29 order to stop by a duly authorized law enforcement officer:
30 (a) Willfully refuses or fails to stop in compliance
31 with such an order, or having stopped in knowing compliance
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1 with such order, willfully flees in an attempt to elude such
2 officer; and
3 (b) As a result of such fleeing or eluding, causes
4 injury to another person or causes damage to any property
5 belonging to another person
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7 commits aggravated fleeing or eluding, a felony of the second
8 third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084. The felony of aggravated fleeing or
10 eluding constitutes a separate offense for which a person may
11 be charged, in addition to the offense of unlawfully leaving
12 the scene of an accident which the person had been in the
13 course of committing or attempting to commit when the order to
14 stop was given.
15 (5)(4) The court may revoke, for a period not to
16 exceed 1 year, the driver's license of any operator of a motor
17 vehicle convicted of a violation of subsection (1), subsection
18 (2), or subsection (3), or subsection (4).
19 Section 3. Paragraphs (c), (d), and (e) of subsection
20 (3) of section 921.0022, Florida Statutes, as created by
21 section 5 of chapter 97-194, Laws of Florida, are amended to
22 read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
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27 Florida Felony
28 Statute Degree Description
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31 (c) LEVEL 3
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1 39.061 3rd Escapes from juvenile facility
2 (secure detention or residential
3 commitment facility).
4 316.1935(2) 3rd Fleeing or attempting to elude
5 law enforcement officer in marked
6 patrol vehicle with siren and
7 lights activated.
8 319.30(4) 3rd Possession by junkyard of motor
9 vehicle with identification
10 number plate removed.
11 319.33(1)(a) 3rd Alter or forge any certificate of
12 title to a motor vehicle or
13 mobile home.
14 319.33(1)(c) 3rd Procure or pass title on stolen
15 vehicle.
16 319.33(4) 3rd With intent to defraud, possess,
17 sell, etc., a blank, forged, or
18 unlawfully obtained title or
19 registration.
20 328.05(2) 3rd Possess, sell, or counterfeit
21 fictitious, stolen, or fraudulent
22 titles or bills of sale of
23 vessels.
24 328.07(4) 3rd Manufacture, exchange, or possess
25 vessel with counterfeit or wrong
26 ID number.
27 376.302(5) 3rd Fraud related to reimbursement
28 for cleanup expenses under the
29 Inland Protection Trust Fund.
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1 501.001(2)(b) 2nd Tampers with a consumer product
2 or the container using materially
3 false/misleading information.
4 697.08 3rd Equity skimming.
5 790.15(3) 3rd Person directs another to
6 discharge firearm from a vehicle.
7 796.05(1) 3rd Live on earnings of a prostitute.
8 806.10(1) 3rd Maliciously injure, destroy, or
9 interfere with vehicles or
10 equipment used in firefighting.
11 806.10(2) 3rd Interferes with or assaults
12 firefighter in performance of
13 duty.
14 810.09(2)(c) 3rd Trespass on property other than
15 structure or conveyance armed
16 with firearm or dangerous weapon.
17 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
18 less than $10,000.
19 815.04(4)(b) 2nd Computer offense devised to
20 defraud or obtain property.
21 817.034(4)(a)3. 3rd Engages in scheme to defraud
22 (Florida Communications Fraud
23 Act), property valued at less
24 than $20,000.
25 817.233 3rd Burning to defraud insurer.
26 828.12(2) 3rd Tortures any animal with intent
27 to inflict intense pain, serious
28 physical injury, or death.
29 831.29 2nd Possession of instruments for
30 counterfeiting drivers' licenses.
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1 838.021(3)(b) 3rd Threatens unlawful harm to public
2 servant.
3 843.19 3rd Injure, disable, or kill police
4 dog or horse.
5 870.01(2) 3rd Riot; inciting or encouraging.
6 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c), (3), or (4)
9 drugs).
10 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
11 893.03(1)(c), (2)(c), (3), or (4)
12 drugs within 200 feet of
13 university, public housing
14 facility, or public park.
15 893.13(6)(a) 3rd Possession of any controlled
16 substance other than felony
17 possession of cannabis.
18 893.13(7)(a)9. 3rd Obtain or attempt to obtain
19 controlled substance by fraud,
20 forgery, misrepresentation, etc.
21 893.13(7)(a)11. 3rd Furnish false or fraudulent
22 material information on any
23 document or record required by
24 chapter 893.
25 918.13(1)(a) 3rd Alter, destroy, or conceal
26 investigation evidence.
27 944.47
28 (1)(a)1.-2. 3rd Introduce contraband to
29 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 4. This act shall take effect October 1, 1998.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 794
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6 . Provides a $2 court cost for each noncriminal traffic
infraction when assessed by a municipality or county to
7 be used to fund local law enforcement agency training.
8 . Maintains the current penalties for the misdemeanor
offense of fleeing or eluding.
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. Makes technical changes to the misdemeanor offense of
10 fleeing or eluding by deleting "directed" or "directive"
and substituting in its place "order."
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. Amends the third-degree felony offense of fleeing or
12 eluding a marked patrol vehicle by removing the
requirement that the defendant's actions cause the law
13 enforcement officer to engage in a high speed vehicle
pursuit.
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. Creates a second-degree felony offense similar to the
15 amended third-degree felony offense which will require a
showing of willfully fleeing or attempting to elude a
16 marked patrol vehicle when the defendant "drives at high
speed, or in any manner which demonstrates a wanton
17 disregard for the safety of person or property."
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