Senate Bill sb0246

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    Florida Senate - 2003                                   SB 246

    By Senator Saunders





    37-217-03

  1                      A bill to be entitled

  2         An act relating to the offense of leaving the

  3         scene of an accident involving a fatality;

  4         amending s. 921.0022, F.S.; providing an

  5         enhanced penalty for that offense under the

  6         offense severity ranking chart of the Criminal

  7         Punishment Code; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Paragraphs (f) and (g) of subsection (3) of

12  section 921.0022, Florida Statutes, are amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16  

17  Florida           Felony

18  Statute           Degree             Description

19  

20                     

21                              (f)  LEVEL 6

22  316.027(1)(b)      2nd      Accident involving death, failure

23                              to stop; leaving scene.

24  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

25                              conviction.

26  775.0875(1)        3rd      Taking firearm from law

27                              enforcement officer.

28  775.21(10)         3rd      Sexual predators; failure to

29                              register; failure to renew

30                              driver's license or

31                              identification card.

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    Florida Senate - 2003                                   SB 246
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 1  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 2                              without intent to kill.

 3  784.021(1)(b)      3rd      Aggravated assault; intent to

 4                              commit felony.

 5  784.041            3rd      Felony battery.

 6  784.048(3)         3rd      Aggravated stalking; credible

 7                              threat.

 8  784.048(5)         3rd      Aggravated stalking of person

 9                              under 16.

10  784.07(2)(c)       2nd      Aggravated assault on law

11                              enforcement officer.

12  784.074(1)(b)      2nd      Aggravated assault on sexually

13                              violent predators facility staff.

14  784.08(2)(b)       2nd      Aggravated assault on a person 65

15                              years of age or older.

16  784.081(2)         2nd      Aggravated assault on specified

17                              official or employee.

18  784.082(2)         2nd      Aggravated assault by detained

19                              person on visitor or other

20                              detainee.

21  784.083(2)         2nd      Aggravated assault on code

22                              inspector.

23  787.02(2)          3rd      False imprisonment; restraining

24                              with purpose other than those in

25                              s. 787.01.

26  790.115(2)(d)      2nd      Discharging firearm or weapon on

27                              school property.

28  790.161(2)         2nd      Make, possess, or throw

29                              destructive device with intent to

30                              do bodily harm or damage

31                              property.

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    Florida Senate - 2003                                   SB 246
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 1  790.164(1)         2nd      False report of deadly explosive,

 2                              weapon of mass destruction, or

 3                              act of arson or violence to state

 4                              property.

 5  790.19             2nd      Shooting or throwing deadly

 6                              missiles into dwellings, vessels,

 7                              or vehicles.

 8  794.011(8)(a)      3rd      Solicitation of minor to

 9                              participate in sexual activity by

10                              custodial adult.

11  794.05(1)          2nd      Unlawful sexual activity with

12                              specified minor.

13  800.04(5)(d)       3rd      Lewd or lascivious molestation;

14                              victim 12 years of age or older

15                              but less than 16 years; offender

16                              less than 18 years.

17  800.04(6)(b)       2nd      Lewd or lascivious conduct;

18                              offender 18 years of age or

19                              older.

20  806.031(2)         2nd      Arson resulting in great bodily

21                              harm to firefighter or any other

22                              person.

23  810.02(3)(c)       2nd      Burglary of occupied structure;

24                              unarmed; no assault or battery.

25  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

26                              but less than $100,000, grand

27                              theft in 2nd degree.

28  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

29                              less than $50,000, grand theft in

30                              2nd degree.

31  

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 1  812.015(9)         2nd      Retail theft; property stolen

 2                              $300 or more; second or

 3                              subsequent conviction.

 4  812.13(2)(c)       2nd      Robbery, no firearm or other

 5                              weapon (strong-arm robbery).

 6  817.034(4)(a)1.    1st      Communications fraud, value

 7                              greater than $50,000.

 8  817.4821(5)        2nd      Possess cloning paraphernalia

 9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  843.12             3rd      Aids or assists person to escape.

30  

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 1  847.0135(3)        3rd      Solicitation of a child, via a

 2                              computer service, to commit an

 3                              unlawful sex act.

 4  914.23             2nd      Retaliation against a witness,

 5                              victim, or informant, with bodily

 6                              injury.

 7  943.0435(9)        3rd      Sex offenders; failure to comply

 8                              with reporting requirements.

 9  944.35(3)(a)2.     3rd      Committing malicious battery upon

10                              or inflicting cruel or inhuman

11                              treatment on an inmate or

12                              offender on community

13                              supervision, resulting in great

14                              bodily harm.

15  944.40             2nd      Escapes.

16  944.46             3rd      Harboring, concealing, aiding

17                              escaped prisoners.

18  944.47(1)(a)5.     2nd      Introduction of contraband

19                              (firearm, weapon, or explosive)

20                              into correctional facility.

21  951.22(1)          3rd      Intoxicating drug, firearm, or

22                              weapon introduced into county

23                              facility.

24                              (g)  LEVEL 7

25  316.027(1)(b)      2nd      Accident involving death, failure

26                              to stop; leaving scene.

27  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

28                              injury.

29  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

30                              bodily injury.

31  

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 1  402.319(2)         2nd      Misrepresentation and negligence

 2                              or intentional act resulting in

 3                              great bodily harm, permanent

 4                              disfiguration, permanent

 5                              disability, or death.

 6  409.920(2)         3rd      Medicaid provider fraud.

 7  456.065(2)         3rd      Practicing a health care

 8                              profession without a license.

 9  456.065(2)         2nd      Practicing a health care

10                              profession without a license

11                              which results in serious bodily

12                              injury.

13  458.327(1)         3rd      Practicing medicine without a

14                              license.

15  459.013(1)         3rd      Practicing osteopathic medicine

16                              without a license.

17  460.411(1)         3rd      Practicing chiropractic medicine

18                              without a license.

19  461.012(1)         3rd      Practicing podiatric medicine

20                              without a license.

21  462.17             3rd      Practicing naturopathy without a

22                              license.

23  463.015(1)         3rd      Practicing optometry without a

24                              license.

25  464.016(1)         3rd      Practicing nursing without a

26                              license.

27  465.015(2)         3rd      Practicing pharmacy without a

28                              license.

29  466.026(1)         3rd      Practicing dentistry or dental

30                              hygiene without a license.

31  

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 1  467.201            3rd      Practicing midwifery without a

 2                              license.

 3  468.366            3rd      Delivering respiratory care

 4                              services without a license.

 5  483.828(1)         3rd      Practicing as clinical laboratory

 6                              personnel without a license.

 7  483.901(9)         3rd      Practicing medical physics

 8                              without a license.

 9  484.013(1)(c)      3rd      Preparing or dispensing optical

10                              devices without a prescription.

11  484.053            3rd      Dispensing hearing aids without a

12                              license.

13  494.0018(2)        1st      Conviction of any violation of

14                              ss. 494.001-494.0077 in which the

15                              total money and property

16                              unlawfully obtained exceeded

17                              $50,000 and there were five or

18                              more victims.

19  560.123(8)(b)1.    3rd      Failure to report currency or

20                              payment instruments exceeding

21                              $300 but less than $20,000 by

22                              money transmitter.

23  560.125(5)(a)      3rd      Money transmitter business by

24                              unauthorized person, currency or

25                              payment instruments exceeding

26                              $300 but less than $20,000.

27  655.50(10)(b)1.    3rd      Failure to report financial

28                              transactions exceeding $300 but

29                              less than $20,000 by financial

30                              institution.

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    Florida Senate - 2003                                   SB 246
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 1  782.051(3)         2nd      Attempted felony murder of a

 2                              person by a person other than the

 3                              perpetrator or the perpetrator of

 4                              an attempted felony.

 5  782.07(1)          2nd      Killing of a human being by the

 6                              act, procurement, or culpable

 7                              negligence of another

 8                              (manslaughter).

 9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.074(1)(a)      1st      Aggravated battery on sexually

29                              violent predators facility staff.

30  784.08(2)(a)       1st      Aggravated battery on a person 65

31                              years of age or older.

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    Florida Senate - 2003                                   SB 246
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 1  784.081(1)         1st      Aggravated battery on specified

 2                              official or employee.

 3  784.082(1)         1st      Aggravated battery by detained

 4                              person on visitor or other

 5                              detainee.

 6  784.083(1)         1st      Aggravated battery on code

 7                              inspector.

 8  790.07(4)          1st      Specified weapons violation

 9                              subsequent to previous conviction

10                              of s. 790.07(1) or (2).

11  790.16(1)          1st      Discharge of a machine gun under

12                              specified circumstances.

13  790.165(2)         2nd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.165(3)         2nd      Possessing, displaying, or

16                              threatening to use any hoax bomb

17                              while committing or attempting to

18                              commit a felony.

19  790.166(3)         2nd      Possessing, selling, using, or

20                              attempting to use a hoax weapon

21                              of mass destruction.

22  790.166(4)         2nd      Possessing, displaying, or

23                              threatening to use a hoax weapon

24                              of mass destruction while

25                              committing or attempting to

26                              commit a felony.

27  796.03             2nd      Procuring any person under 16

28                              years for prostitution.

29  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

30                              victim less than 12 years of age;

31                              offender less than 18 years.

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    Florida Senate - 2003                                   SB 246
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 1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              18 years or older.

 5  806.01(2)          2nd      Maliciously damage structure by

 6                              fire or explosive.

 7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 8                              unarmed; no assault or battery.

 9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; cargo stolen

15                              valued at $50,000 or more;

16                              property stolen while causing

17                              other property damage; 1st degree

18                              grand theft.

19  812.014(2)(b)3.    2nd      Property stolen, emergency

20                              medical equipment; 2nd degree

21                              grand theft.

22  812.0145(2)(a)     1st      Theft from person 65 years of age

23                              or older; $50,000 or more.

24  812.019(2)         1st      Stolen property; initiates,

25                              organizes, plans, etc., the theft

26                              of property and traffics in

27                              stolen property.

28  812.131(2)(a)      2nd      Robbery by sudden snatching.

29  812.133(2)(b)      1st      Carjacking; no firearm, deadly

30                              weapon, or other weapon.

31  

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 1  817.234(11)(c)     1st      Insurance fraud; property value

 2                              $100,000 or more.

 3  825.102(3)(b)      2nd      Neglecting an elderly person or

 4                              disabled adult causing great

 5                              bodily harm, disability, or

 6                              disfigurement.

 7  825.103(2)(b)      2nd      Exploiting an elderly person or

 8                              disabled adult and property is

 9                              valued at $20,000 or more, but

10                              less than $100,000.

11  827.03(3)(b)       2nd      Neglect of a child causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  827.04(3)          3rd      Impregnation of a child under 16

15                              years of age by person 21 years

16                              of age or older.

17  837.05(2)          3rd      Giving false information about

18                              alleged capital felony to a law

19                              enforcement officer.

20  872.06             2nd      Abuse of a dead human body.

21  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

22                              cocaine (or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4.) within 1,000 feet of a

26                              child care facility or school.

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    Florida Senate - 2003                                   SB 246
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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 25 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.

30  

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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)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

15                              kilogram or more, less than 5

16                              kilograms.

17  893.135

18   (1)(k)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 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                   SB 246
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Ranks the offense of leaving the scene of an accident
      that involves a fatality as a level 7 offense rather than
 4    a level 6 offense under the offense severity ranking
      chart of the Criminal Punishment Code.
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