Senate Bill 0948
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Florida Senate - 1998 SB 948
By Senator Campbell
33-594-98
1 A bill to be entitled
2 An act relating to homicide; amending ss.
3 782.071, 782.072, F.S.; increasing the
4 penalties imposed for committing the offense of
5 vehicular homicide or vessel homicide;
6 increasing the penalties imposed for committing
7 vehicular homicide or vessel homicide and
8 failing to give information and render aid when
9 the offender knew, or should have known, that
10 the accident occurred; amending s. 921.0022,
11 F.S., relating to the Criminal Punishment Code;
12 conforming references to changes made by the
13 act; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. 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 by the operation of a motor
21 vehicle by another in a reckless manner likely to cause the
22 death of, or great bodily harm to, another. Vehicular homicide
23 is:
24 (1) A felony of the second third degree, punishable as
25 provided in s. 775.082, s. 775.083, or s. 775.084.
26 (2) A felony of the first second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084, if:
28 (a) At the time of the accident, the person knew, or
29 should have known, that the accident occurred; and
30 (b) The person failed to give information and render
31 aid as required by s. 316.062.
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Florida Senate - 1998 SB 948
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2 This subsection does not require that the person knew that the
3 accident resulted in injury or death.
4 Section 2. Section 782.072, Florida Statutes, is
5 amended to read:
6 782.072 Vessel homicide.--"Vessel homicide" is the
7 killing of a human being by the operation of a vessel as
8 defined in s. 327.02 by another in a reckless manner likely to
9 cause the death of, or great bodily harm to, another. Vessel
10 homicide is:
11 (1) A felony of the second third degree, punishable as
12 provided in s. 775.082, s. 775.083, or s. 775.084.
13 (2) A felony of the first second degree, punishable as
14 provided in s. 775.082, s. 775.083, or s. 775.084, if:
15 (a) At the time of the accident, the person knew, or
16 should have known, that the accident occurred; and
17 (b) The person failed to give information and render
18 aid as required by s. 327.30(1).
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20 This subsection does not require that the person knew that the
21 accident resulted in injury or death.
22 Section 3. Paragraphs (g) and (h) of subsection (3) of
23 section 921.0022, Florida Statutes, are amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
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Florida Senate - 1998 SB 948
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1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 409.920(2) 3rd Medicaid provider fraud.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd 3rd Killing of human being by the
18 operation of a motor vehicle in a
19 reckless manner (vehicular
20 homicide).
21 782.072 2nd 3rd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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Florida Senate - 1998 SB 948
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 796.03 2nd Procuring any person under 16
18 years for prostitution.
19 800.04 2nd Handle, fondle, or assault child
20 under 16 years in lewd,
21 lascivious, or indecent manner.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.019(2) 1st Stolen property; initiates,
6 organizes, plans, etc., the theft
7 of property and traffics in
8 stolen property.
9 812.133(2)(b) 1st Carjacking; no firearm, deadly
10 weapon, or other weapon.
11 825.102(3)(b) 2nd Neglecting an elderly person or
12 disabled adult causing great
13 bodily harm, disability, or
14 disfigurement.
15 825.1025(2) 2nd Lewd or lascivious battery upon
16 an elderly person or disabled
17 adult.
18 825.103(2)(b) 2nd Exploiting an elderly person or
19 disabled adult and property is
20 valued at $20,000 or more, but
21 less than $100,000.
22 827.03(3)(b) 2nd Neglect of a child causing great
23 bodily harm, disability, or
24 disfigurement.
25 827.04(4) 3rd Impregnation of a child under 16
26 years of age by person 21 years
27 of age or older.
28 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st 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) within
5 1,000 feet of a school.
6 893.13(4)(a) 1st Deliver to minor cocaine (or
7 other s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), or (2)(b) drugs).
9 893.135(1)(a)1. 1st Trafficking in cannabis, more
10 than 50 lbs., less than 2,000
11 lbs.
12 893.135
13 (1)(b)1.a. 1st Trafficking in cocaine, more than
14 28 grams, less than 200 grams.
15 893.135
16 (1)(c)1.a. 1st Trafficking in illegal drugs,
17 more than 4 grams, less than 14
18 grams.
19 893.135
20 (1)(d)1. 1st Trafficking in phencyclidine,
21 more than 28 grams, less than 200
22 grams.
23 893.135(1)(e)1. 1st Trafficking in methaqualone, more
24 than 200 grams, less than 5
25 kilograms.
26 893.135(1)(f)1. 1st Trafficking in amphetamine, more
27 than 14 grams, less than 28
28 grams.
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
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1 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2 777.03(2)(a) 1st Accessory after the fact, capital
3 felony.
4 782.04(4) 2nd Killing of human without design
5 when engaged in act or attempt of
6 any felony other than arson,
7 sexual battery, robbery,
8 burglary, kidnapping, aircraft
9 piracy, or unlawfully discharging
10 bomb.
11 782.071(2) 1st 2nd Committing vehicular homicide and
12 failing to render aid or give
13 information.
14 782.072(2) 1st 2nd Committing vessel homicide and
15 failing to render aid or give
16 information.
17 790.161(3) 1st Discharging a destructive device
18 which results in bodily harm or
19 property damage.
20 794.011(5) 2nd Sexual battery, victim 12 years
21 or over, offender does not use
22 physical force likely to cause
23 serious injury.
24 806.01(1) 1st Maliciously damage dwelling or
25 structure by fire or explosive,
26 believing person in structure.
27 810.02(2)(a) 1st,PBL Burglary with assault or battery.
28 810.02(2)(b) 1st,PBL Burglary; armed with explosives
29 or dangerous weapon.
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Florida Senate - 1998 SB 948
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 827.03(2) 2nd Aggravated child abuse.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
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1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 895.03(1) 1st Use or invest proceeds derived
21 from pattern of racketeering
22 activity.
23 895.03(2) 1st Acquire or maintain through
24 racketeering activity any
25 interest in or control of any
26 enterprise or real property.
27 895.03(3) 1st Conduct or participate in any
28 enterprise through pattern of
29 racketeering activity.
30 Section 4. This act shall take effect October 1, 1998.
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2 SENATE SUMMARY
3 Provides that vehicular homicide or vessel homicide is a
second-degree felony rather than a third-degree felony.
4 Provides that vehicular homicide or vessel homicide is a
first-degree felony rather than a second-degree felony if
5 the offender knew, or should have known, that an accident
occurred and failed to give information and render aid.
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