SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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
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23 Florida Felony
24 Statute Degree Description
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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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Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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.
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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
11
12 and insert:
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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SENATE AMENDMENT
Bill No. CS for SB 678
Amendment No. ___ Barcode 541822
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