House Bill hb0175c1
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Florida House of Representatives - 2001 CS/HB 175
By the Committee on Crime Prevention, Corrections & Safety
and Representatives Machek and Slosberg
1 A bill to be entitled
2 An act relating to reckless driving; amending
3 s. 316.192, F.S.; providing penalties for
4 reckless driving resulting in damage to
5 property or person or serious bodily injury;
6 providing a definition; amending s. 782.071,
7 F.S., relating to vehicular homicide; providing
8 penalties; amending ss. 921.0022 and 960.03,
9 F.S.; conforming cross references; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsections (3) and (4) of section 316.192,
15 Florida Statutes, are renumbered as subsections (4) and (5),
16 respectively, subsection (2) is amended, and a new subsection
17 (3) is added to said section, to read:
18 316.192 Reckless driving.--
19 (2) Except as provided in subsection (3), any person
20 convicted of reckless driving shall be punished:
21 (a) Upon a first conviction, by imprisonment for a
22 period of not more than 90 days or by fine of not less than
23 $25 nor more than $500, or by both such fine and imprisonment.
24 (b) On a second or subsequent conviction, by
25 imprisonment for not more than 6 months or by a fine of not
26 less than $50 nor more than $1,000, or by both such fine and
27 imprisonment. In addition, if the person's reckless driving
28 causes or results in the death of another, the person may
29 serve 120 community hours as provided in s. 316.027(4).
30 (3) Any person:
31 (a) Who is in violation of subsection (1);
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Florida House of Representatives - 2001 CS/HB 175
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1 (b) Who operates a vehicle; and
2 (c) Who, by reason of such operation, causes:
3 1. Damage to the property or person of another commits
4 a misdemeanor of the first degree, punishable as provided in
5 s. 775.082 or s. 775.083.
6 2. Serious bodily injury to another commits a felony
7 of the third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084. The term "serious bodily injury" means
9 an injury to any person, including the driver, which consists
10 of a physical condition that creates a substantial risk of
11 death, serious personal disfigurement, or protracted loss or
12 impairment of the function of any bodily member or organ.
13 Section 2. Section 782.071, Florida Statutes, is
14 amended to read:
15 782.071 Vehicular homicide.--"Vehicular homicide" is
16 the killing of a human being, or the killing of a viable fetus
17 by any injury to the mother, caused by the operation of a
18 motor vehicle by another in a reckless manner likely to cause
19 the death of, or great bodily harm to, another.
20 (1) Vehicular homicide is:
21 (a)(1) A felony of the second degree, punishable as
22 provided in s. 775.082, s. 775.083, or s. 775.084.
23 (b)(2) A felony of the first degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084, if:
25 1.(a) At the time of the accident, the person knew, or
26 should have known, that the accident occurred; and
27 2.(b) The person failed to give information and render
28 aid as required by s. 316.062.
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30 This paragraph subsection does not require that the person
31 knew that the accident resulted in injury or death.
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1 (2)(3) For purposes of this section, a fetus is viable
2 when it becomes capable of meaningful life outside the womb
3 through standard medical measures.
4 (3)(4) A right of action for civil damages shall exist
5 under s. 768.19, under all circumstances, for all deaths
6 described in this section.
7 (4) In addition to any other punishment, the court may
8 order the person to serve 120 community service hours in a
9 trauma center or hospital that regularly receives victims of
10 vehicle accidents, under the supervision of a registered
11 nurse, an emergency room physician, or an emergency medical
12 technician pursuant to a voluntary community service program
13 operated by the trauma center or hospital.
14 Section 3. Paragraph (h) of subsection (3) of section
15 921.0022, Florida Statutes, is amended to read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
19
20 Florida Felony
21 Statute Degree Description
22
23 (h) LEVEL 8
24 316.193
25 (3)(c)3.a. 2nd DUI manslaughter.
26 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
27 560.123(8)(b)2. 2nd Failure to report currency or
28 payment instruments totaling or
29 exceeding $20,000, but less than
30 $100,000 by money transmitter.
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1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b)(2) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
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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.
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 Section 4. Paragraph (b) of subsection (3) of section
22 960.03, Florida Statutes, is amended to read:
23 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
24 960.01-960.28, unless the context otherwise requires, the
25 term:
26 (3) "Crime" means:
27 (b) A violation of s. 316.193, s. 316.027(1), s.
28 327.35(1), s. 782.071(1)(b)(2), or s. 860.13(1)(a) which
29 results in physical injury or death; however, no other act
30 involving the operation of a motor vehicle, boat, or aircraft
31 which results in injury or death shall constitute a crime for
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1 the purpose of this chapter unless the injury or death was
2 intentionally inflicted through the use of such vehicle, boat,
3 or aircraft or unless such vehicle, boat, or aircraft is an
4 implement of a crime to which this act applies.
5 Section 5. This act shall take effect October 1, 2001.
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