HOUSE AMENDMENT
    779-100AXC-02                     Bill No. CS/HB 175, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Machek offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Subsections (3) and (4) of section 316.192,
18  Florida Statutes, are renumbered as subsections (4) and (5),
19  respectively, subsection (2) is amended, and a new subsection
20  (3) is added to said section, to read:
21         316.192  Reckless driving.--
22         (2)  Except as provided in subsection (3), any person
23  convicted of reckless driving shall be punished:
24         (a)  Upon a first conviction, by imprisonment for a
25  period of not more than 90 days or by fine of not less than
26  $25 nor more than $500, or by both such fine and imprisonment.
27         (b)  On a second or subsequent conviction, by
28  imprisonment for not more than 6 months or by a fine of not
29  less than $50 nor more than $1,000, or by both such fine and
30  imprisonment. In addition, if the person's reckless driving
31  causes or results in the death of another, the person may
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    File original & 9 copies    04/30/01                          
    hbd0005                     09:21 am         00175-0078-111461

HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 serve 120 community hours as provided in s. 316.027(4). 2 (3) Any person: 3 (a) Who is in violation of subsection (1); 4 (b) Who operates a vehicle; and 5 (c) Who, by reason of such operation, causes: 6 1. Damage to the property or person of another commits 7 a misdemeanor of the first degree, punishable as provided in 8 s. 775.082 or s. 775.083. 9 2. Serious bodily injury to another commits a felony 10 of the third degree, punishable as provided in s. 775.082, s. 11 775.083, or s. 775.084. The term "serious bodily injury" means 12 an injury to another person, which consists of a physical 13 condition that creates a substantial risk of death, serious 14 personal disfigurement, or protracted loss or impairment of 15 the function of any bodily member or organ. 16 Section 2. Section 782.071, Florida Statutes, is 17 amended to read: 18 782.071 Vehicular homicide.--"Vehicular homicide" is 19 the killing of a human being, or the killing of a viable fetus 20 by any injury to the mother, caused by the operation of a 21 motor vehicle by another in a reckless manner likely to cause 22 the death of, or great bodily harm to, another. 23 (1) Vehicular homicide is: 24 (a)(1) A felony of the second degree, punishable as 25 provided in s. 775.082, s. 775.083, or s. 775.084. 26 (b)(2) A felony of the first degree, punishable as 27 provided in s. 775.082, s. 775.083, or s. 775.084, if: 28 1.(a) At the time of the accident, the person knew, or 29 should have known, that the accident occurred; and 30 2.(b) The person failed to give information and render 31 aid as required by s. 316.062. 2 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 2 This paragraph subsection does not require that the person 3 knew that the accident resulted in injury or death. 4 (2)(3) For purposes of this section, a fetus is viable 5 when it becomes capable of meaningful life outside the womb 6 through standard medical measures. 7 (3)(4) A right of action for civil damages shall exist 8 under s. 768.19, under all circumstances, for all deaths 9 described in this section. 10 (4) In addition to any other punishment, the court may 11 order the person to serve 120 community service hours in a 12 trauma center or hospital that regularly receives victims of 13 vehicle accidents, under the supervision of a registered 14 nurse, an emergency room physician, or an emergency medical 15 technician pursuant to a voluntary community service program 16 operated by the trauma center or hospital. 17 Section 3. Paragraph (h) of subsection (3) of section 18 921.0022, Florida Statutes, is amended to read: 19 921.0022 Criminal Punishment Code; offense severity 20 ranking chart.-- 21 (3) OFFENSE SEVERITY RANKING CHART 22 23 Florida Felony 24 Statute Degree Description 25 26 (h) LEVEL 8 27 316.193 28 (3)(c)3.a. 2nd DUI manslaughter. 29 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 30 560.123(8)(b)2. 2nd Failure to report currency or 31 payment instruments totaling or 3 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 exceeding $20,000, but less than 2 $100,000 by money transmitter. 3 560.125(5)(b) 2nd Money transmitter business by 4 unauthorized person, currency or 5 payment instruments totaling or 6 exceeding $20,000, but less than 7 $100,000. 8 655.50(10)(b)2. 2nd Failure to report financial 9 transactions totaling or 10 exceeding $20,000, but less than 11 $100,000 by financial 12 institutions. 13 777.03(2)(a) 1st Accessory after the fact, capital 14 felony. 15 782.04(4) 2nd Killing of human without design 16 when engaged in act or attempt of 17 any felony other than arson, 18 sexual battery, robbery, 19 burglary, kidnapping, aircraft 20 piracy, or unlawfully discharging 21 bomb. 22 782.051(2) 1st Attempted felony murder while 23 perpetrating or attempting to 24 perpetrate a felony not 25 enumerated in s. 782.04(3). 26 782.071(1)(b)(2) 1st Committing vehicular homicide and 27 failing to render aid or give 28 information. 29 782.072(2) 1st Committing vessel homicide and 30 failing to render aid or give 31 information. 4 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 790.161(3) 1st Discharging a destructive device 2 which results in bodily harm or 3 property damage. 4 794.011(5) 2nd Sexual battery, victim 12 years 5 or over, offender does not use 6 physical force likely to cause 7 serious injury. 8 800.04(4) 2nd Lewd or lascivious battery. 9 806.01(1) 1st Maliciously damage dwelling or 10 structure by fire or explosive, 11 believing person in structure. 12 810.02(2)(a) 1st,PBL Burglary with assault or battery. 13 810.02(2)(b) 1st,PBL Burglary; armed with explosives 14 or dangerous weapon. 15 810.02(2)(c) 1st Burglary of a dwelling or 16 structure causing structural 17 damage or $1,000 or more property 18 damage. 19 812.13(2)(b) 1st Robbery with a weapon. 20 812.135(2) 1st Home-invasion robbery. 21 825.102(2) 2nd Aggravated abuse of an elderly 22 person or disabled adult. 23 825.103(2)(a) 1st Exploiting an elderly person or 24 disabled adult and property is 25 valued at $100,000 or more. 26 837.02(2) 2nd Perjury in official proceedings 27 relating to prosecution of a 28 capital felony. 29 837.021(2) 2nd Making contradictory statements 30 in official proceedings relating 31 to prosecution of a capital 5 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 felony. 2 860.121(2)(c) 1st Shooting at or throwing any 3 object in path of railroad 4 vehicle resulting in great bodily 5 harm. 6 860.16 1st Aircraft piracy. 7 893.13(1)(b) 1st Sell or deliver in excess of 10 8 grams of any substance specified 9 in s. 893.03(1)(a) or (b). 10 893.13(2)(b) 1st Purchase in excess of 10 grams of 11 any substance specified in s. 12 893.03(1)(a) or (b). 13 893.13(6)(c) 1st Possess in excess of 10 grams of 14 any substance specified in s. 15 893.03(1)(a) or (b). 16 893.135(1)(a)2. 1st Trafficking in cannabis, more 17 than 2,000 lbs., less than 10,000 18 lbs. 19 893.135 20 (1)(b)1.b. 1st Trafficking in cocaine, more than 21 200 grams, less than 400 grams. 22 893.135 23 (1)(c)1.b. 1st Trafficking in illegal drugs, 24 more than 14 grams, less than 28 25 grams. 26 893.135 27 (1)(d)1.b. 1st Trafficking in phencyclidine, 28 more than 200 grams, less than 29 400 grams. 30 893.135 31 (1)(e)1.b. 1st Trafficking in methaqualone, more 6 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 than 5 kilograms, less than 25 2 kilograms. 3 893.135 4 (1)(f)1.b. 1st Trafficking in amphetamine, more 5 than 28 grams, less than 200 6 grams. 7 893.135 8 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 9 grams or more, less than 28 10 grams. 11 893.135 12 (1)(h)1.b. 1st Trafficking in 13 gamma-hydroxybutyric acid (GHB), 14 5 kilograms or more, less than 10 15 kilograms. 16 893.135 17 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5 18 kilograms or more, less than 10 19 kilograms. 20 893.135 21 (1)(j)2.b. 1st Trafficking in Phenethylamines, 22 200 grams or more, less than 400 23 grams. 24 895.03(1) 1st Use or invest proceeds derived 25 from pattern of racketeering 26 activity. 27 895.03(2) 1st Acquire or maintain through 28 racketeering activity any 29 interest in or control of any 30 enterprise or real property. 31 7 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 895.03(3) 1st Conduct or participate in any 2 enterprise through pattern of 3 racketeering activity. 4 896.101(5)(b) 2nd Money laundering, financial 5 transactions totaling or 6 exceeding $20,000, but less than 7 $100,000. 8 896.104(4)(a)2. 2nd Structuring transactions to evade 9 reporting or registration 10 requirements, financial 11 transactions totaling or 12 exceeding $20,000 but less than 13 $100,000. 14 Section 4. Paragraph (b) of subsection (3) of section 15 960.03, Florida Statutes, is amended to read: 16 960.03 Definitions; ss. 960.01-960.28.--As used in ss. 17 960.01-960.28, unless the context otherwise requires, the 18 term: 19 (3) "Crime" means: 20 (b) A violation of s. 316.193, s. 316.027(1), s. 21 327.35(1), s. 782.071(1)(b)(2), or s. 860.13(1)(a) which 22 results in physical injury or death; however, no other act 23 involving the operation of a motor vehicle, boat, or aircraft 24 which results in injury or death shall constitute a crime for 25 the purpose of this chapter unless the injury or death was 26 intentionally inflicted through the use of such vehicle, boat, 27 or aircraft or unless such vehicle, boat, or aircraft is an 28 implement of a crime to which this act applies. 29 Section 5. Section 316.1923, Florida Statutes, is 30 created to read: 31 316.1923 Aggressive careless driving.--"Aggressive 8 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 careless driving" means committing two or more of the 2 following acts simultaneously or in succession: 3 (1) Exceeding the posted speed as defined in s. 4 322.27(3)(d)5.b. 5 (2) Unsafely or improperly changing lanes as defined 6 in s. 316.085. 7 (3) Following another vehicle too closely as defined 8 in s. 316.0895(1). 9 (4) Failing to yield the right-of-way as defined in s. 10 316.079, s. 316.0815, or s. 316.123. 11 (5) Improperly passing as defined in s. 316.083, s. 12 316.084, or s. 316.085. 13 (6) Violating traffic control and signal devices as 14 defined in ss. 316.074 and 316.075. 15 Section 6. Paragraph (a) of subsection (1) of section 16 316.650, Florida Statutes, is amended to read: 17 316.650 Traffic citations.-- 18 (1)(a) The department shall prepare, and supply to 19 every traffic enforcement agency in this state, an appropriate 20 form traffic citation containing a notice to appear (which 21 shall be issued in prenumbered books with citations in 22 quintuplicate) and meeting the requirements of this chapter or 23 any laws of this state regulating traffic, which form shall be 24 consistent with the state traffic court rules and the 25 procedures established by the department. Upon all future 26 printings of the traffic citation, the form shall include a 27 special box which is to be checked by the law enforcement 28 officer when the officer believes that the traffic violation 29 or crash was due to aggressive careless driving as defined in 30 s. 316.1923. 31 Section 7. The Department of Highway Safety and Motor 9 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Vehicles shall prepare and deliver a report to the Speaker of 2 the House of Representatives and the President of the Senate 3 no later than December 1, 2002, setting forth the number of 4 incidents of aggressive careless driving in this state. 5 Section 8. This act shall take effect October 1, 2001. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 remove from the title of the bill: the entire title 11 12 and insert in lieu thereof: 13 A bill to be entitled 14 An act relating to reckless driving; amending 15 s. 316.192, F.S.; providing penalties for 16 reckless driving resulting in damage to 17 property or person or serious bodily injury; 18 providing a definition; amending s. 782.071, 19 F.S., relating to vehicular homicide; providing 20 penalties; amending ss. 921.0022 and 960.03, 21 F.S.; conforming cross references; creating s. 22 316.1923, F.S.; defining the term "aggressive 23 careless driving"; amending s. 316.650, F.S.; 24 requiring that the Department of Highway Safety 25 and Motor Vehicles revise the uniform traffic 26 citation upon future printings, to include a 27 special check-off box for law enforcement 28 officers to use to indicate aggressive careless 29 driving; requiring the department to make a 30 report to the Legislature on the number of 31 aggressive careless driving incidents; 10 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461
HOUSE AMENDMENT 779-100AXC-02 Bill No. CS/HB 175, 1st Eng. Amendment No. ___ (for drafter's use only) 1 providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 File original & 9 copies 04/30/01 hbd0005 09:21 am 00175-0078-111461