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
15  
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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                                                   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.
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                                                   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
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                                                   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.
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                                                   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
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                                                   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
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                                                   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  
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                                                   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
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                                                   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
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                                                   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;
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                                                   HOUSE AMENDMENT
    779-100AXC-02                     Bill No. CS/HB 175, 1st Eng.
    Amendment No. ___ (for drafter's use only)
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