Senate Bill sb0846c1
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Florida Senate - 2001 CS for SB 846
By the Committee on Criminal Justice and Senator Campbell
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1 A bill to be entitled
2 An act relating to felony offenses; amending s.
3 316.1935, F.S.; providing an enhanced penalty
4 for the offense of fleeing or eluding a law
5 enforcement officer if, in the course of the
6 violation, the defendant causes serious bodily
7 injury to another; amending s. 921.0022, F.S.;
8 ranking the offense of aggravated fleeing or
9 eluding; reenacting ss. 318.17, 322.61, F.S.,
10 relating respectively to offense excepted from
11 motor vehicle licenses and disqualifications
12 from operating a commercial motor vehicle, to
13 incorporate the amendments to s. 316.1935,
14 F.S., in references thereto; creating s.
15 812.158, F.S.; prohibiting certain acts by
16 movers involving a shipper's household goods;
17 providing a penalty; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsections (3), (4), and (5) of section
23 316.1935, Florida Statutes, are amended to read:
24 316.1935 Fleeing or attempting to elude a law
25 enforcement officer; aggravated fleeing and eluding.--
26 (3)(a) Any person who willfully flees or attempts to
27 elude a law enforcement officer in an authorized law
28 enforcement patrol vehicle with agency insignia and other
29 jurisdictional markings prominently displayed on the vehicle
30 with siren and lights activated, and during the course of the
31 fleeing or attempted eluding drives at high speed, or in any
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Florida Senate - 2001 CS for SB 846
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1 manner which demonstrates a wanton disregard for the safety of
2 persons or property commits a felony of the second degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 (b) A person who in the course of a violation of
6 paragraph (a) causes serious bodily injury to another commits
7 aggravated fleeing or eluding of a law enforcement officer, a
8 felony of the first degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 (4) Any person who, in the course of unlawfully
11 leaving or attempting to leave the scene of a crash in
12 violation of s. 316.027 or s. 316.061, having knowledge of an
13 order to stop by a duly authorized law enforcement officer:
14 (a) Willfully refuses or fails to stop in compliance
15 with such an order, or having stopped in knowing compliance
16 with such order, willfully flees in an attempt to elude such
17 officer; and
18 (b) As a result of such fleeing or eluding, causes
19 injury to another person or causes damage to any property
20 belonging to another person
21
22 commits aggravated fleeing or eluding, a felony of the second
23 degree, punishable as provided in s. 775.082, s. 775.083, or
24 s. 775.084. For the purposes of this subsection, the felony of
25 aggravated fleeing or eluding constitutes a separate offense
26 for which a person may be charged, in addition to the offense
27 of unlawfully leaving the scene of a crash which the person
28 had been in the course of committing or attempting to commit
29 when the order to stop was given.
30 (5) The court may revoke, for a period not to exceed 1
31 year, the driver's license of any operator of a motor vehicle
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Florida Senate - 2001 CS for SB 846
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1 convicted of a violation of this section subsection (1),
2 subsection (2), subsection (3), or subsection (4).
3 Section 2. Paragraphs (d) and (g) of subsection (3) of
4 section 921.0022, Florida Statutes, are amended to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
8
9 Florida Felony
10 Statute Degree Description
11
12
13 (d) LEVEL 4
14 316.1935(3)(a)
15 316.1935(3) 2nd Driving at high speed or with
16 wanton disregard for safety while
17 fleeing or attempting to elude
18 law enforcement officer who is in
19 a marked patrol vehicle with
20 siren and lights activated.
21 784.07(2)(b) 3rd Battery of law enforcement
22 officer, firefighter, intake
23 officer, etc.
24 784.075 3rd Battery on detention or
25 commitment facility staff.
26 784.08(2)(c) 3rd Battery on a person 65 years of
27 age or older.
28 784.081(3) 3rd Battery on specified official or
29 employee.
30 784.082(3) 3rd Battery by detained person on
31 visitor or other detainee.
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1 784.083(3) 3rd Battery on code inspector.
2 784.085 3rd Battery of child by throwing,
3 tossing, projecting, or expelling
4 certain fluids or materials.
5 787.03(1) 3rd Interference with custody;
6 wrongly takes child from
7 appointed guardian.
8 787.04(2) 3rd Take, entice, or remove child
9 beyond state limits with criminal
10 intent pending custody
11 proceedings.
12 787.04(3) 3rd Carrying child beyond state lines
13 with criminal intent to avoid
14 producing child at custody
15 hearing or delivering to
16 designated person.
17 790.115(1) 3rd Exhibiting firearm or weapon
18 within 1,000 feet of a school.
19 790.115(2)(b) 3rd Possessing electric weapon or
20 device, destructive device, or
21 other weapon on school property.
22 790.115(2)(c) 3rd Possessing firearm on school
23 property.
24 800.04(7)(d) 3rd Lewd or lascivious exhibition;
25 offender less than 18 years.
26 810.02(4)(a) 3rd Burglary, or attempted burglary,
27 of an unoccupied structure;
28 unarmed; no assault or battery.
29 810.02(4)(b) 3rd Burglary, or attempted burglary,
30 of an unoccupied conveyance;
31 unarmed; no assault or battery.
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1 810.06 3rd Burglary; possession of tools.
2 810.08(2)(c) 3rd Trespass on property, armed with
3 firearm or dangerous weapon.
4 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
5 or more but less than $20,000.
6 812.014
7 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
8 firearm, motor vehicle,
9 livestock, etc.
10 817.563(1) 3rd Sell or deliver substance other
11 than controlled substance agreed
12 upon, excluding s. 893.03(5)
13 drugs.
14 828.125(1) 2nd Kill, maim, or cause great bodily
15 harm or permanent breeding
16 disability to any registered
17 horse or cattle.
18 837.02(1) 3rd Perjury in official proceedings.
19 837.021(1) 3rd Make contradictory statements in
20 official proceedings.
21 843.021 3rd Possession of a concealed
22 handcuff key by a person in
23 custody.
24 843.025 3rd Deprive law enforcement,
25 correctional, or correctional
26 probation officer of means of
27 protection or communication.
28 843.15(1)(a) 3rd Failure to appear while on bail
29 for felony (bond estreature or
30 bond jumping).
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1 874.05(1) 3rd Encouraging or recruiting another
2 to join a criminal street gang.
3 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
4 893.03(1)(a), (b), or (d),
5 (2)(a), (2)(b), or (2)(c)4.
6 drugs).
7 914.14(2) 3rd Witnesses accepting bribes.
8 914.22(1) 3rd Force, threaten, etc., witness,
9 victim, or informant.
10 914.23(2) 3rd Retaliation against a witness,
11 victim, or informant, no bodily
12 injury.
13 918.12 3rd Tampering with jurors.
14 (g) LEVEL 7
15 316.193(3)(c)2. 3rd DUI resulting in serious bodily
16 injury.
17 316.1935(3)(b) 1st Aggravated fleeing or eluding.
18 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
19 bodily injury.
20 402.319(2) 2nd Misrepresentation and negligence
21 or intentional act resulting in
22 great bodily harm, permanent
23 disfiguration, permanent
24 disability, or death.
25 409.920(2) 3rd Medicaid provider fraud.
26 456.065(2) 3rd Practicing a health care
27 profession without a license.
28 456.065(2) 2nd Practicing a health care
29 profession without a license
30 which results in serious bodily
31 injury.
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1 458.327(1) 3rd Practicing medicine without a
2 license.
3 459.013(1) 3rd Practicing osteopathic medicine
4 without a license.
5 460.411(1) 3rd Practicing chiropractic medicine
6 without a license.
7 461.012(1) 3rd Practicing podiatric medicine
8 without a license.
9 462.17 3rd Practicing naturopathy without a
10 license.
11 463.015(1) 3rd Practicing optometry without a
12 license.
13 464.016(1) 3rd Practicing nursing without a
14 license.
15 465.015(2) 3rd Practicing pharmacy without a
16 license.
17 466.026(1) 3rd Practicing dentistry or dental
18 hygiene without a license.
19 467.201 3rd Practicing midwifery without a
20 license.
21 468.366 3rd Delivering respiratory care
22 services without a license.
23 483.828(1) 3rd Practicing as clinical laboratory
24 personnel without a license.
25 483.901(9) 3rd Practicing medical physics
26 without a license.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
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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.
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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.
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1 893.13(1)(e)1. 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4., within 1,000 feet of
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135
14 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less then 5
16 kilograms.
17 893.135
18 (1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 Section 3. For the purpose of incorporating the
30 amendments made by this act to section 316.1935, Florida
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1 Statutes, in references thereto, section 318.17, Florida
2 Statutes, is reenacted to read:
3 318.17 Offenses excepted.--No provision of this
4 chapter is available to a person who is charged with any of
5 the following offenses:
6 (1) Fleeing or attempting to elude a police officer,
7 in violation of s. 316.1935;
8 (2) Leaving the scene of a crash, in violation of ss.
9 316.027 and 316.061;
10 (3) Driving, or being in actual physical control of,
11 any vehicle while under the influence of alcoholic beverages,
12 any chemical substance set forth in s. 877.111, or any
13 substance controlled under chapter 893, in violation of s.
14 316.193, or driving with an unlawful blood-alcohol level;
15 (4) Reckless driving, in violation of s. 316.192;
16 (5) Making false crash reports, in violation of s.
17 316.067;
18 (6) Willfully failing or refusing to comply with any
19 lawful order or direction of any police officer or member of
20 the fire department, in violation of s. 316.072(3);
21 (7) Obstructing an officer, in violation of s.
22 316.545(1); or
23 (8) Any other offense in chapter 316 which is
24 classified as a criminal violation.
25 Section 4. For the purpose of incorporating the
26 amendments made by this act to section 316.1935, Florida
27 Statutes, in reference thereto, subsection (1) of section
28 322.61, Florida Statutes, is reenacted to read:
29 322.61 Disqualification from operating a commercial
30 motor vehicle.--
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1 (1) A person who, within a 3-year period, is convicted
2 of two of the following serious traffic violations or any
3 combination thereof, arising in separate incidents committed
4 in a commercial motor vehicle shall, in addition to any other
5 applicable penalties, be disqualified from operating a
6 commercial motor vehicle for a period of 60 days:
7 (a) A violation of any state or local law relating to
8 motor vehicle traffic control, other than a parking violation,
9 a weight violation, or a vehicle equipment violation, arising
10 in connection with a crash resulting in death or personal
11 injury to any person;
12 (b) Reckless driving, as defined in s. 316.192;
13 (c) Careless driving, as defined in s. 316.1925;
14 (d) Fleeing or attempting to elude a law enforcement
15 officer, as defined in s. 316.1935;
16 (e) Unlawful speed of 15 miles per hour or more above
17 the posted speed limit;
18 (f) Driving a commercial motor vehicle, owned by such
19 person, which is not properly insured;
20 (g) Improper lane change, as defined in s. 316.085; or
21 (h) Following too closely, as defined in s. 316.0895.
22 Section 5. Section 812.158, Florida Statutes, is
23 created to read:
24 812.158 Failure of mover to relinquish or place
25 household goods; penalty.--
26 (1) As used in this section, the term:
27 (a) "Estimate" means a written document provided to a
28 prospective shipper which sets forth the total cost and the
29 basis of such cost related to a shipper's move, which must
30 include, but need not be limited to, transportation services
31 or accessorial services.
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1 (b) "Household goods" means personal effects or other
2 personal property found in a home, personal residence, other
3 storage facility, or other location of which items the shipper
4 is the owner or agent of the owner. The term includes property
5 held or found in a storage or warehouse facility that is owned
6 or rented by a shipper or shipper's agent. The term does not
7 include freight or personal property moving to or from a
8 factory, store, or other place of business.
9 (c) "Mover" means any person who engages in the
10 transportation or shipment of household goods for compensation
11 or any person who hold himself or herself out to the public as
12 engaging in the transportation or shipment of household goods
13 for compensation.
14 (d) "Shipper" means any person who uses the services
15 of a mover to transport or ship household goods. The term
16 includes any other person whom a shipper designates in
17 writing.
18 (2) A mover may not refuse to relinquish to a shipper
19 any of the shipper's household goods, or fail to place
20 household goods inside a shipper's dwelling, except when the
21 shipper has failed to tender payment in an amount specified in
22 a written contract or estimate signed by the shipper.
23 (3) A mover may not refuse to relinquish to a shipper
24 any of the shipper's household goods, or fail to place
25 household goods inside a shipper's dwelling, based upon the
26 mover's refusal to accept a particular form of payment,
27 including, but not limited to, cash, cashier's check, money
28 orders, travelers check, personal checks, credit cards, charge
29 cards, or debit cards, unless the mover clearly and
30 conspicuously discloses in a written estimate or contract the
31 methods of payment which the mover accepts.
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1 (4) A violation of this section constitutes a felony
2 of the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (5) Nothing in this section shall preempt any
5 ordinance or regulation with regard to moving and storage of
6 household goods by a municipality, county, or other political
7 subdivision.
8 Section 6. This act shall take effect July 1, 2001.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 846
12
13 - Ranks the new aggravated fleeing or eluding offense in
level 7 of the Criminal Punishment Code ranking chart.
14
- Provides that it is a third degree felony for a mover to
15 refuse to relinquish to a shipper any of the shipper's
household goods, or fail to place household goods inside
16 a shipper's dwelling.
17 - Provides the mover does not commit a criminal offense,
as provided, if the shipper has failed to tender payment
18 in an amount specified in a written contract or estimate
signed by the shipper, or if the mover has conspicuously
19 disclosed in a written estimate or contract the methods
of payment the mover accepts.
20
- Provides a definition of "mover" and other terms.
21
- Provides that provisions relating to unlawful acts by
22 movers do not preempt any ordinance or regulation of a
municipality, county, or political subdivision, relating
23 to moving and storage of household goods.
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