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.

25

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

27

28         Section 1.  Subsection (11) of section 318.18, Florida

29  Statutes, is amended to read:

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    Florida Senate - 1998                            CS for SB 794
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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:

  7

  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).

16

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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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

  6

  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

26

27  Florida           Felony

28  Statute           Degree             Description

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31                              (c)  LEVEL 3

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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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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    Florida Senate - 1998                            CS for SB 794
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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

  5

  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.
  9
    .    Makes technical changes to the misdemeanor offense of
10       fleeing or eluding by deleting "directed" or "directive"
         and substituting in its place "order."
11
    .    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.
14
    .    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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