HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Andrews offered the following:
12
13 Amendment (with title amendment)
14 On page 1, line 24,
15
16 insert:
17 Section 1. Subsection (3) of section 316.193, Florida
18 Statutes, is amended to read:
19 316.193 Driving under the influence; penalties.--
20 (3) Any person:
21 (a) Who is in violation of subsection (1);
22 (b) Who operates a vehicle; and
23 (c) Who, by reason of such operation, causes:
24 1. Damage to the property or person of another commits
25 a misdemeanor of the first degree, punishable as provided in
26 s. 775.082 or s. 775.083.
27 2. Serious bodily injury to another, as defined in s.
28 316.1933, commits a felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
30 3. The death of any human being or unborn quick child
31 commits DUI manslaughter, and commits:
1
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a. A felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 b. A felony of the first degree, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084, if:
5 (I) At the time of the crash, the person knew, or
6 should have known, that the crash occurred; and
7 (II) The person failed to give information and render
8 aid as required by s. 316.062.
9 Section 2. Section 782.071, Florida Statutes, is
10 amended to read:
11 782.071 Vehicular homicide.--"Vehicular homicide" is
12 the killing of a human being, or the killing of an unborn
13 quick child a viable fetus by any injury to the mother, caused
14 by the operation of a motor vehicle by another in a reckless
15 manner likely to cause the death of, or great bodily harm to,
16 another. Vehicular homicide is:
17 (1) A felony of the second degree, punishable as
18 provided in s. 775.082, s. 775.083, or s. 775.084.
19 (2) A felony of the first degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084, if:
21 (a) At the time of the accident, the person knew, or
22 should have known, that the accident occurred; and
23 (b) The person failed to give information and render
24 aid as required by s. 316.062.
25
26 This subsection does not require that the person knew that the
27 accident resulted in injury or death.
28 (3) For purposes of this section, a fetus is viable
29 when it becomes capable of meaningful life outside the womb
30 through standard medical measures.
31 (3)(4) A right of action for civil damages shall exist
2
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under s. 768.19, under all circumstances, for all deaths
2 described in this section.
3 Section 3. Section 782.09, Florida Statutes, is
4 amended to read:
5 782.09 Killing of unborn child by injury to mother.--
6 (1) The unlawful willful killing of an unborn quick
7 child, by any injury to the mother of such child which would
8 be murder if it resulted in the death of such mother, shall be
9 deemed murder in the same degree as that which would have been
10 committed against the mother. A person who unlawfully kills an
11 unborn quick child by any injury to the mother:
12 (a) Which would be murder in the first degree
13 constituting a capital felony if it resulted in the mother's
14 death commits murder in the first degree constituting a
15 capital felony, punishable as provided in s. 775.082.
16 (b) Which would be murder in the second degree if it
17 resulted in the mother's death commits murder in the second
18 degree, a felony of the first degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084.
20 (c) Which would be murder in the third degree if it
21 resulted in the mother's death commits murder in the third
22 degree, manslaughter, a felony of the second degree,
23 punishable as provided in s. 775.082, s. 775.083, or s.
24 775.084.
25 (2) The unlawful killing of an unborn quick child, by
26 any injury to the mother of such child which would be
27 manslaughter if it resulted in the death of such mother, shall
28 be deemed manslaughter. A person who unlawfully kills an
29 unborn quick child by any injury to the mother which would be
30 manslaughter if it resulted in the mother's death commits
31 manslaughter, a felony of the second degree, punishable as
3
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 provided in s. 775.082, s. 775.083, or s. 775.084.
2 (3) The death of the mother resulting from the same
3 act or criminal episode which caused the death of the unborn
4 quick child shall not bar prosecution under this section.
5 (4) This section does not authorize the prosecution of
6 any person in connection with a termination of pregnancy
7 pursuant to chapter 390.
8 Section 4. Paragraphs (g) and (h) of subsection (3) of
9 section 921.0022, Florida Statutes, are amended to read:
10 921.0022 Criminal Punishment Code; offense severity
11 ranking chart.--
12 (3) OFFENSE SEVERITY RANKING CHART
13
14 Florida Felony
15 Statute Degree Description
16
17
18 (g) LEVEL 7
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 402.319(2) 2nd Misrepresentation and negligence
24 or intentional act resulting in
25 great bodily harm, permanent
26 disfiguration, permanent
27 disability, or death.
28 409.920(2) 3rd Medicaid provider fraud.
29 456.065(2) 3rd Practicing a health care
30 profession without a license.
31
4
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
31
5
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 484.053 3rd Dispensing hearing aids without a
2 license.
3 494.0018(2) 1st Conviction of any violation of
4 ss. 494.001-494.0077 in which the
5 total money and property
6 unlawfully obtained exceeded
7 $50,000 and there were five or
8 more victims.
9 560.123(8)(b)1. 3rd Failure to report currency or
10 payment instruments exceeding
11 $300 but less than $20,000 by
12 money transmitter.
13 560.125(5)(a) 3rd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments exceeding
16 $300 but less than $20,000.
17 655.50(10)(b)1. 3rd Failure to report financial
18 transactions exceeding $300 but
19 less than $20,000 by financial
20 institution.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
29 782.071 2nd Killing of human being or unborn
30 quick child viable fetus by the
31 operation of a motor vehicle in a
6
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 reckless manner (vehicular
2 homicide).
3 782.072 2nd Killing of a human being by the
4 operation of a vessel in a
5 reckless manner (vessel
6 homicide).
7 784.045(1)(a)1. 2nd Aggravated battery; intentionally
8 causing great bodily harm or
9 disfigurement.
10 784.045(1)(a)2. 2nd Aggravated battery; using deadly
11 weapon.
12 784.045(1)(b) 2nd Aggravated battery; perpetrator
13 aware victim pregnant.
14 784.048(4) 3rd Aggravated stalking; violation of
15 injunction or court order.
16 784.07(2)(d) 1st Aggravated battery on law
17 enforcement officer.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
7
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 796.03 2nd Procuring any person under 16
5 years for prostitution.
6 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
7 victim less than 12 years of age;
8 offender less than 18 years.
9 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 18 years or older.
13 806.01(2) 2nd Maliciously damage structure by
14 fire or explosive.
15 810.02(3)(a) 2nd Burglary of occupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(d) 2nd Burglary of occupied conveyance;
20 unarmed; no assault or battery.
21 812.014(2)(a) 1st Property stolen, valued at
22 $100,000 or more; property stolen
23 while causing other property
24 damage; 1st degree grand theft.
25 812.019(2) 1st Stolen property; initiates,
26 organizes, plans, etc., the theft
27 of property and traffics in
28 stolen property.
29 812.131(2)(a) 2nd Robbery by sudden snatching.
30 812.133(2)(b) 1st Carjacking; no firearm, deadly
31 weapon, or other weapon.
8
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.05(2) 3rd Giving false information about
19 alleged capital felony to a law
20 enforcement officer.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), (2)(b), or
26 (2)(c)4.) within 1,000 feet of a
27 child care facility or school.
28 893.13(1)(e)1. 1st Sell, manufacture, or deliver
29 cocaine or other drug prohibited
30 under s. 893.03(1)(a), (1)(b),
31 (1)(d), (2)(a), (2)(b), or
9
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (2)(c)4., within 1,000 feet of
2 property used for religious
3 services or a specified business
4 site.
5 893.13(4)(a) 1st Deliver to minor cocaine (or
6 other s. 893.03(1)(a), (1)(b),
7 (1)(d), (2)(a), (2)(b), or
8 (2)(c)4. drugs).
9 893.135(1)(a)1. 1st Trafficking in cannabis, more
10 than 50 lbs., less than 2,000
11 lbs.
12 893.135
13 (1)(b)1.a. 1st Trafficking in cocaine, more than
14 28 grams, less than 200 grams.
15 893.135
16 (1)(c)1.a. 1st Trafficking in illegal drugs,
17 more than 4 grams, less than 14
18 grams.
19 893.135
20 (1)(d)1. 1st Trafficking in phencyclidine,
21 more than 28 grams, less than 200
22 grams.
23 893.135(1)(e)1. 1st Trafficking in methaqualone, more
24 than 200 grams, less than 5
25 kilograms.
26 893.135(1)(f)1. 1st Trafficking in amphetamine, more
27 than 14 grams, less than 28
28 grams.
29 893.135
30 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
31 grams or more, less than 14
10
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grams.
2 893.135
3 (1)(h)1.a. 1st Trafficking in
4 gamma-hydroxybutyric acid (GHB),
5 1 kilogram or more, less than 5
6 kilograms.
7 893.135
8 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
9 kilogram or more, less then 5
10 kilograms.
11 893.135
12 (1)(j)2.a. 1st Trafficking in Phenethylamines,
13 10 grams or more, less than 200
14 grams.
15 896.101(5)(a) 3rd Money laundering, financial
16 transactions exceeding $300 but
17 less than $20,000.
18 896.104(4)(a)1. 3rd Structuring transactions to evade
19 reporting or registration
20 requirements, financial
21 transactions exceeding $300 but
22 less than $20,000.
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.
31
11
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
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.
30 790.161(3) 1st Discharging a destructive device
31 which results in bodily harm or
12
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 property damage.
2 794.011(5) 2nd Sexual battery, victim 12 years
3 or over, offender does not use
4 physical force likely to cause
5 serious injury.
6 800.04(4) 2nd Lewd or lascivious battery.
7 806.01(1) 1st Maliciously damage dwelling or
8 structure by fire or explosive,
9 believing person in structure.
10 810.02(2)(a) 1st,PBL Burglary with assault or battery.
11 810.02(2)(b) 1st,PBL Burglary; armed with explosives
12 or dangerous weapon.
13 810.02(2)(c) 1st Burglary of a dwelling or
14 structure causing structural
15 damage or $1,000 or more property
16 damage.
17 812.13(2)(b) 1st Robbery with a weapon.
18 812.135(2) 1st Home-invasion robbery.
19 825.102(2) 2nd Aggravated abuse of an elderly
20 person or disabled adult.
21 825.103(2)(a) 1st Exploiting an elderly person or
22 disabled adult and property is
23 valued at $100,000 or more.
24 837.02(2) 2nd Perjury in official proceedings
25 relating to prosecution of a
26 capital felony.
27 837.021(2) 2nd Making contradictory statements
28 in official proceedings relating
29 to prosecution of a capital
30 felony.
31
13
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 860.121(2)(c) 1st Shooting at or throwing any
2 object in path of railroad
3 vehicle resulting in great bodily
4 harm.
5 860.16 1st Aircraft piracy.
6 893.13(1)(b) 1st Sell or deliver in excess of 10
7 grams of any substance specified
8 in s. 893.03(1)(a) or (b).
9 893.13(2)(b) 1st Purchase in excess of 10 grams of
10 any substance specified in s.
11 893.03(1)(a) or (b).
12 893.13(6)(c) 1st Possess in excess of 10 grams of
13 any substance specified in s.
14 893.03(1)(a) or (b).
15 893.135(1)(a)2. 1st Trafficking in cannabis, more
16 than 2,000 lbs., less than 10,000
17 lbs.
18 893.135
19 (1)(b)1.b. 1st Trafficking in cocaine, more than
20 200 grams, less than 400 grams.
21 893.135
22 (1)(c)1.b. 1st Trafficking in illegal drugs,
23 more than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(d)1.b. 1st Trafficking in phencyclidine,
27 more than 200 grams, less than
28 400 grams.
29 893.135
30 (1)(e)1.b. 1st Trafficking in methaqualone, more
31 than 5 kilograms, less than 25
14
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 kilograms.
2 893.135
3 (1)(f)1.b. 1st Trafficking in amphetamine, more
4 than 28 grams, less than 200
5 grams.
6 893.135
7 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
8 grams or more, less than 28
9 grams.
10 893.135
11 (1)(h)1.b. 1st Trafficking in
12 gamma-hydroxybutyric acid (GHB),
13 5 kilograms or more, less than 10
14 kilograms.
15 893.135
16 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
17 kilograms or more, less than 10
18 kilograms.
19 893.135
20 (1)(j)2.b. 1st Trafficking in Phenethylamines,
21 200 grams or more, less than 400
22 grams.
23 895.03(1) 1st Use or invest proceeds derived
24 from pattern of racketeering
25 activity.
26 895.03(2) 1st Acquire or maintain through
27 racketeering activity any
28 interest in or control of any
29 enterprise or real property.
30 895.03(3) 1st Conduct or participate in any
31 enterprise through pattern of
15
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 racketeering activity.
2 896.101(5)(b) 2nd Money laundering, financial
3 transactions totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 896.104(4)(a)2. 2nd Structuring transactions to evade
7 reporting or registration
8 requirements, financial
9 transactions totaling or
10 exceeding $20,000 but less than
11 $100,000.
12 Section 5. Paragraph (b) of subsection (3) of section
13 960.03, Florida Statutes, is amended to read:
14 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
15 960.01-960.28, unless the context otherwise requires, the
16 term:
17 (3) "Crime" means:
18 (b) A violation of s. 316.193, s. 316.027(1), s.
19 327.35(1), s. 782.071(1)(b) s. 782.071(2), or s. 860.13(1)(a)
20 which results in physical injury or death; however, no other
21 act involving the operation of a motor vehicle, boat, or
22 aircraft which results in injury or death shall constitute a
23 crime for the purpose of this chapter unless the injury or
24 death was intentionally inflicted through the use of such
25 vehicle, boat, or aircraft or unless such vehicle, boat, or
26 aircraft is an implement of a crime to which this act applies.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, line 2,
16
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HOUSE AMENDMENT
Bill No. SB 338, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 after the semicolon insert:
2 amending s. 316.193, F.S.; including the death
3 of an unborn quick child under DUI
4 manslaughter; amending s. 782.071, F.S.; making
5 the killing of an unborn quick child rather
6 than the killing of a viable fetus a "vehicular
7 homicide"; deleting a provision describing the
8 viability of a fetus; amending s. 782.09, F.S.;
9 providing that killing an unborn quick child by
10 injury to the mother which would be murder in
11 any degree if it resulted in the death of the
12 mother is murder in the same degree; providing
13 penalties; providing that the unlawful killing
14 of an unborn quick child by injury to the
15 mother which would be manslaughter if it
16 resulted in the death of the mother is
17 manslaughter; providing penalties; providing
18 that the death of the mother does not bar
19 prosecution under specified circumstances;
20 providing that the section does not authorize
21 prosecution of a person in connection with a
22 termination of pregnancy; providing a claim for
23 civil damages; amending ss. 921.0022, 960.03,
24 F.S., relating to the Criminal Punishment Code
25 offense severity ranking chart and the
26 definition of "crime" with respect to the
27 Florida Crimes Compensation Act; conforming
28 provisions to changes made by the act;
29
30
31
17
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