House Bill 0071

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    Florida House of Representatives - 1999                  HB 71

        By Representative Stafford






  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.

14

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

16

17         Section 1.  Section 782.071, Florida Statutes, 1998

18  Supplement, is amended to read:

19         782.071  Vehicular homicide.--"Vehicular homicide" is

20  the killing of a human being, or the killing of a viable fetus

21  by any injury to the mother, caused by the operation of a

22  motor vehicle by another in a reckless manner likely to cause

23  the death of, or great bodily harm to, another. Vehicular

24  homicide is:

25         (1)  A felony of the second third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         (2)  A felony of the first second degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084, if:

29         (a)  At the time of the accident, the person knew, or

30  should have known, that the accident occurred; and

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  1         (b)  The person failed to give information and render

  2  aid as required by s. 316.062.

  3

  4  This subsection does not require that the person knew that the

  5  accident resulted in injury or death.

  6         (3)  For purposes of this section, a fetus is viable

  7  when it becomes capable of meaningful life outside the womb

  8  through standard medical measures.

  9         (4)  A right of action for civil damages shall exist

10  under s. 768.19, under all circumstances, for all deaths

11  described in this section.

12         Section 2.  Section 782.072, Florida Statutes, is

13  amended to read:

14         782.072  Vessel homicide.--"Vessel homicide" is the

15  killing of a human being by the operation of a vessel as

16  defined in s. 327.02 by another in a reckless manner likely to

17  cause the death of, or great bodily harm to, another. Vessel

18  homicide is:

19         (1)  A felony of the second third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         (2)  A felony of the first second degree, punishable as

22  provided in s. 775.082, s. 775.083, or s. 775.084, if:

23         (a)  At the time of the accident, the person knew, or

24  should have known, that the accident occurred; and

25         (b)  The person failed to give information and render

26  aid as required by s. 327.30(1).

27

28  This subsection does not require that the person knew that the

29  accident resulted in injury or death.

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  1         Section 3.  Paragraphs (g) and (h) of subsection (3) of

  2  section 921.0022, Florida Statutes, 1998 Supplement, are

  3  amended to read:

  4         921.0022  Criminal Punishment Code; offense severity

  5  ranking chart.--

  6         (3)  OFFENSE SEVERITY RANKING CHART

  7

  8  Florida           Felony

  9  Statute           Degree             Description

10

11

12                              (g)  LEVEL 7

13  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

14                              injury.

15  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

16                              bodily injury.

17  409.920(2)         3rd      Medicaid provider fraud.

18  494.0018(2)        1st      Conviction of any violation of

19                              ss. 494.001-494.0077 in which the

20                              total money and property

21                              unlawfully obtained exceeded

22                              $50,000 and there were five or

23                              more victims.

24  782.051(3)         2nd      Attempted felony murder of a

25                              person by a person other than the

26                              perpetrator or the perpetrator of

27                              an attempted felony.

28  782.07(1)          2nd      Killing of a human being by the

29                              act, procurement, or culpable

30                              negligence of another

31                              (manslaughter).

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  1  782.071            2nd 3rd  Killing of human being or viable

  2                              fetus by the operation of a motor

  3                              vehicle in a reckless manner

  4                              (vehicular homicide).

  5  782.072            2nd 3rd  Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).

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  1  790.16(1)          1st      Discharge of a machine gun under

  2                              specified circumstances.

  3  796.03             2nd      Procuring any person under 16

  4                              years for prostitution.

  5  800.04             2nd      Handle, fondle, or assault child

  6                              under 16 years in lewd,

  7                              lascivious, or indecent manner.

  8  806.01(2)          2nd      Maliciously damage structure by

  9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; property stolen

18                              while causing other property

19                              damage; 1st degree grand theft.

20  812.019(2)         1st      Stolen property; initiates,

21                              organizes, plans, etc., the theft

22                              of property and traffics in

23                              stolen property.

24  812.133(2)(b)      1st      Carjacking; no firearm, deadly

25                              weapon, or other weapon.

26  825.102(3)(b)      2nd      Neglecting an elderly person or

27                              disabled adult causing great

28                              bodily harm, disability, or

29                              disfigurement.

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  1  825.1025(2)        2nd      Lewd or lascivious battery upon

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(b)      2nd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at $20,000 or more, but

  7                              less than $100,000.

  8  827.03(3)(b)       2nd      Neglect of a child causing great

  9                              bodily harm, disability, or

10                              disfigurement.

11  827.04(4)          3rd      Impregnation of a child under 16

12                              years of age by person 21 years

13                              of age or older.

14  837.05(2)          3rd      Giving false information about

15                              alleged capital felony to a law

16                              enforcement officer.

17  872.06             2nd      Abuse of a dead human body.

18  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

19                              cocaine (or other drug prohibited

20                              under s. 893.03(1)(a), (1)(b),

21                              (1)(d), (2)(a), or (2)(b)) within

22                              1,000 feet of a child care

23                              facility or school.

24  893.13(1)(e)       1st      Sell, manufacture, or deliver

25                              cocaine or other drug prohibited

26                              under s. 893.03(1)(a), (1)(b),

27                              (1)(d), (2)(a), or (2)(b), within

28                              1,000 feet of property used for

29                              religious services or a specified

30                              business site.

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  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), or (2)(b) drugs).

  4  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  5                              than 50 lbs., less than 2,000

  6                              lbs.

  7  893.135

  8   (1)(b)1.a.        1st      Trafficking in cocaine, more than

  9                              28 grams, less than 200 grams.

10  893.135

11   (1)(c)1.a.        1st      Trafficking in illegal drugs,

12                              more than 4 grams, less than 14

13                              grams.

14  893.135

15   (1)(d)1.          1st      Trafficking in phencyclidine,

16                              more than 28 grams, less than 200

17                              grams.

18  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

19                              than 200 grams, less than 5

20                              kilograms.

21  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

22                              than 14 grams, less than 28

23                              grams.

24  893.135

25   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

26                              grams or more, less than 14

27                              grams.

28                              (h)  LEVEL 8

29  316.193

30   (3)(c)3.a.        2nd      DUI manslaughter.

31  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

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  1  777.03(2)(a)       1st      Accessory after the fact, capital

  2                              felony.

  3  782.04(4)          2nd      Killing of human without design

  4                              when engaged in act or attempt of

  5                              any felony other than arson,

  6                              sexual battery, robbery,

  7                              burglary, kidnapping, aircraft

  8                              piracy, or unlawfully discharging

  9                              bomb.

10  782.051(2)         1st      Attempted felony murder while

11                              perpetrating or attempting to

12                              perpetrate a felony not

13                              enumerated in s. 782.04(3).

14  782.071(2)         1st 2nd  Committing vehicular homicide and

15                              failing to render aid or give

16                              information.

17  782.072(2)         1st 2nd  Committing vessel homicide and

18                              failing to render aid or give

19                              information.

20  790.161(3)         1st      Discharging a destructive device

21                              which results in bodily harm or

22                              property damage.

23  794.011(5)         2nd      Sexual battery, victim 12 years

24                              or over, offender does not use

25                              physical force likely to cause

26                              serious injury.

27  806.01(1)          1st      Maliciously damage dwelling or

28                              structure by fire or explosive,

29                              believing person in structure.

30  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

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  1  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

  2                              or dangerous weapon.

  3  810.02(2)(c)       1st      Burglary of a dwelling or

  4                              structure causing structural

  5                              damage or $1,000 or more property

  6                              damage.

  7  812.13(2)(b)       1st      Robbery with a weapon.

  8  812.135(2)         1st      Home-invasion robbery.

  9  825.102(2)         2nd      Aggravated abuse of an elderly

10                              person or disabled adult.

11  825.103(2)(a)      1st      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at $100,000 or more.

14  827.03(2)          2nd      Aggravated child abuse.

15  837.02(2)          2nd      Perjury in official proceedings

16                              relating to prosecution of a

17                              capital felony.

18  837.021(2)         2nd      Making contradictory statements

19                              in official proceedings relating

20                              to prosecution of a capital

21                              felony.

22  860.121(2)(c)      1st      Shooting at or throwing any

23                              object in path of railroad

24                              vehicle resulting in great bodily

25                              harm.

26  860.16             1st      Aircraft piracy.

27  893.13(1)(b)       1st      Sell or deliver in excess of 10

28                              grams of any substance specified

29                              in s. 893.03(1)(a) or (b).

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  1  893.13(2)(b)       1st      Purchase in excess of 10 grams of

  2                              any substance specified in s.

  3                              893.03(1)(a) or (b).

  4  893.13(6)(c)       1st      Possess in excess of 10 grams of

  5                              any substance specified in s.

  6                              893.03(1)(a) or (b).

  7  893.135(1)(a)2.    1st      Trafficking in cannabis, more

  8                              than 2,000 lbs., less than 10,000

  9                              lbs.

10  893.135

11   (1)(b)1.b.        1st      Trafficking in cocaine, more than

12                              200 grams, less than 400 grams.

13  893.135

14   (1)(c)1.b.        1st      Trafficking in illegal drugs,

15                              more than 14 grams, less than 28

16                              grams.

17  893.135

18   (1)(d)1.b.        1st      Trafficking in phencyclidine,

19                              more than 200 grams, less than

20                              400 grams.

21  893.135

22   (1)(e)1.b.        1st      Trafficking in methaqualone, more

23                              than 5 kilograms, less than 25

24                              kilograms.

25  893.135

26   (1)(f)1.b.        1st      Trafficking in amphetamine, more

27                              than 28 grams, less than 200

28                              grams.

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  1  893.135

  2  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

  3                              grams or more, less than 28

  4                              grams.

  5  895.03(1)          1st      Use or invest proceeds derived

  6                              from pattern of racketeering

  7                              activity.

  8  895.03(2)          1st      Acquire or maintain through

  9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15         Section 4.  This act shall take effect October 1 of the

16  year in which enacted.

17

18            *****************************************

19                          SENATE SUMMARY

20    Provides that vehicular homicide or vessel homicide is a
      second-degree felony rather than a third-degree felony.
21    Provides that vehicular homicide or vessel homicide is a
      first-degree felony rather than a second-degree felony if
22    the offender knew, or should have known, that an accident
      occurred and failed to give information and render aid.
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