House Bill hb0175er
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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; creating s.
10 316.1923, F.S.; defining the term "aggressive
11 careless driving"; amending s. 316.650, F.S.;
12 requiring that the Department of Highway Safety
13 and Motor Vehicles revise the uniform traffic
14 citation upon future printings, to include a
15 special check-off box for law enforcement
16 officers to use to indicate aggressive careless
17 driving; requiring the department to make a
18 report to the Legislature on the number of
19 aggressive careless driving incidents;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsections (3) and (4) of section 316.192,
25 Florida Statutes, are renumbered as subsections (4) and (5),
26 respectively, subsection (2) is amended, and a new subsection
27 (3) is added to said section, to read:
28 316.192 Reckless driving.--
29 (2) Except as provided in subsection (3), any person
30 convicted of reckless driving shall be punished:
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1 (a) Upon a first conviction, by imprisonment for a
2 period of not more than 90 days or by fine of not less than
3 $25 nor more than $500, or by both such fine and imprisonment.
4 (b) On a second or subsequent conviction, by
5 imprisonment for not more than 6 months or by a fine of not
6 less than $50 nor more than $1,000, or by both such fine and
7 imprisonment. In addition, if the person's reckless driving
8 causes or results in the death of another, the person may
9 serve 120 community hours as provided in s. 316.027(4).
10 (3) Any person:
11 (a) Who is in violation of subsection (1);
12 (b) Who operates a vehicle; and
13 (c) Who, by reason of such operation, causes:
14 1. Damage to the property or person of another commits
15 a misdemeanor of the first degree, punishable as provided in
16 s. 775.082 or s. 775.083.
17 2. Serious bodily injury to another commits a felony
18 of the third degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084. The term "serious bodily injury" means
20 an injury to another person, which consists of a physical
21 condition that creates a substantial risk of death, serious
22 personal disfigurement, or protracted loss or impairment of
23 the function of any bodily member or organ.
24 Section 2. Section 782.071, Florida Statutes, is
25 amended to read:
26 782.071 Vehicular homicide.--"Vehicular homicide" is
27 the killing of a human being, or the killing of a viable fetus
28 by any injury to the mother, caused by the operation of a
29 motor vehicle by another in a reckless manner likely to cause
30 the death of, or great bodily harm to, another.
31 (1) Vehicular homicide is:
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1 (a)(1) A felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (b)(2) A felony of the first degree, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084, if:
5 1.(a) At the time of the accident, the person knew, or
6 should have known, that the accident occurred; and
7 2.(b) The person failed to give information and render
8 aid as required by s. 316.062.
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10 This paragraph subsection does not require that the person
11 knew that the accident resulted in injury or death.
12 (2)(3) For purposes of this section, a fetus is viable
13 when it becomes capable of meaningful life outside the womb
14 through standard medical measures.
15 (3)(4) A right of action for civil damages shall exist
16 under s. 768.19, under all circumstances, for all deaths
17 described in this section.
18 (4) In addition to any other punishment, the court may
19 order the person to serve 120 community service hours in a
20 trauma center or hospital that regularly receives victims of
21 vehicle accidents, under the supervision of a registered
22 nurse, an emergency room physician, or an emergency medical
23 technician pursuant to a voluntary community service program
24 operated by the trauma center or hospital.
25 Section 3. Paragraph (h) of subsection (3) of section
26 921.0022, Florida Statutes, is amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
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4 (h) LEVEL 8
5 316.193
6 (3)(c)3.a. 2nd DUI manslaughter.
7 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
8 560.123(8)(b)2. 2nd Failure to report currency or
9 payment instruments totaling or
10 exceeding $20,000, but less than
11 $100,000 by money transmitter.
12 560.125(5)(b) 2nd Money transmitter business by
13 unauthorized person, currency or
14 payment instruments totaling or
15 exceeding $20,000, but less than
16 $100,000.
17 655.50(10)(b)2. 2nd Failure to report financial
18 transactions totaling or
19 exceeding $20,000, but less than
20 $100,000 by financial
21 institutions.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
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1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(1)(b)(2) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.13(2)(b) 1st Robbery with a weapon.
30 812.135(2) 1st Home-invasion robbery.
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1 825.102(2) 2nd Aggravated abuse of an elderly
2 person or disabled adult.
3 825.103(2)(a) 1st Exploiting an elderly person or
4 disabled adult and property is
5 valued at $100,000 or more.
6 837.02(2) 2nd Perjury in official proceedings
7 relating to prosecution of a
8 capital felony.
9 837.021(2) 2nd Making contradictory statements
10 in official proceedings relating
11 to prosecution of a capital
12 felony.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
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1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 893.135
25 (1)(h)1.b. 1st Trafficking in
26 gamma-hydroxybutyric acid (GHB),
27 5 kilograms or more, less than 10
28 kilograms.
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1 893.135
2 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
3 kilograms or more, less than 10
4 kilograms.
5 893.135
6 (1)(j)2.b. 1st Trafficking in Phenethylamines,
7 200 grams or more, less than 400
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 896.101(5)(b) 2nd Money laundering, financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000.
23 896.104(4)(a)2. 2nd Structuring transactions to evade
24 reporting or registration
25 requirements, financial
26 transactions totaling or
27 exceeding $20,000 but less than
28 $100,000.
29 Section 4. Paragraph (b) of subsection (3) of section
30 960.03, Florida Statutes, is amended to read:
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1 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
2 960.01-960.28, unless the context otherwise requires, the
3 term:
4 (3) "Crime" means:
5 (b) A violation of s. 316.193, s. 316.027(1), s.
6 327.35(1), s. 782.071(1)(b)(2), or s. 860.13(1)(a) which
7 results in physical injury or death; however, no other act
8 involving the operation of a motor vehicle, boat, or aircraft
9 which results in injury or death shall constitute a crime for
10 the purpose of this chapter unless the injury or death was
11 intentionally inflicted through the use of such vehicle, boat,
12 or aircraft or unless such vehicle, boat, or aircraft is an
13 implement of a crime to which this act applies.
14 Section 5. Section 316.1923, Florida Statutes, is
15 created to read:
16 316.1923 Aggressive careless driving.--"Aggressive
17 careless driving" means committing two or more of the
18 following acts simultaneously or in succession:
19 (1) Exceeding the posted speed as defined in s.
20 322.27(3)(d)5.b.
21 (2) Unsafely or improperly changing lanes as defined
22 in s. 316.085.
23 (3) Following another vehicle too closely as defined
24 in s. 316.0895(1).
25 (4) Failing to yield the right-of-way as defined in s.
26 316.079, s. 316.0815, or s. 316.123.
27 (5) Improperly passing as defined in s. 316.083, s.
28 316.084, or s. 316.085.
29 (6) Violating traffic control and signal devices as
30 defined in ss. 316.074 and 316.075.
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1 Section 6. Paragraph (a) of subsection (1) of section
2 316.650, Florida Statutes, is amended to read:
3 316.650 Traffic citations.--
4 (1)(a) The department shall prepare, and supply to
5 every traffic enforcement agency in this state, an appropriate
6 form traffic citation containing a notice to appear (which
7 shall be issued in prenumbered books with citations in
8 quintuplicate) and meeting the requirements of this chapter or
9 any laws of this state regulating traffic, which form shall be
10 consistent with the state traffic court rules and the
11 procedures established by the department. Upon all future
12 printings of the traffic citation, the form shall include a
13 special box which is to be checked by the law enforcement
14 officer when the officer believes that the traffic violation
15 or crash was due to aggressive careless driving as defined in
16 s. 316.1923.
17 Section 7. The Department of Highway Safety and Motor
18 Vehicles shall prepare and deliver a report to the Speaker of
19 the House of Representatives and the President of the Senate
20 no later than December 1, 2002, setting forth the number of
21 incidents of aggressive careless driving in this state.
22 Section 8. This act shall take effect October 1, 2001.
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