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.
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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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