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A bill to be entitled |
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An act relating to vehicular homicide; amending s. |
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782.071, F.S.; providing that operating a motor vehicle |
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without having slept within the preceding 24 hours creates |
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a rebuttable presumption that the person is operating the |
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vehicle in a reckless manner for purposes of vehicular- |
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homicide provisions; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 782.071, Florida Statutes, is amended |
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to read: |
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782.071 Vehicular homicide.--"Vehicular homicide" is the |
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killing of a human being, or the killing of a viable fetus by |
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any injury to the mother, caused by the operation of a motor |
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vehicle by another in a reckless manner likely to cause the |
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death of, or great bodily harm to, another. |
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(1) Vehicular homicide is: |
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(a) A felony of the second degree, punishable as provided |
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in s. 775.082, s. 775.083, or s. 775.084. |
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(b) A felony of the first degree, punishable as provided |
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in s. 775.082, s. 775.083, or s. 775.084, if: |
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1. At the time of the accident, the person knew, or should |
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have known, that the accident occurred; and |
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2. The person failed to give information and render aid as |
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required by s. 316.062. |
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This paragraph does not require that the person knew that the |
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accident resulted in injury or death. |
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(2) For purposes of this section, a fetus is viable when |
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it becomes capable of meaningful life outside the womb through |
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standard medical measures. |
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(3) For purposes of this section, operating a motor |
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vehicle without having slept within the preceding 24 hours |
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creates a rebuttable presumption that the person is operating |
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the vehicle in a reckless manner. |
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(4)(3)A right of action for civil damages shall exist |
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under s. 768.19, under all circumstances, for all deaths |
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described in this section. |
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(5)(4)In addition to any other punishment, the court may |
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order the person to serve 120 community service hours in a |
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trauma center or hospital that regularly receives victims of |
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vehicle accidents, under the supervision of a registered nurse, |
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an emergency room physician, or an emergency medical technician |
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pursuant to a voluntary community service program operated by |
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the trauma center or hospital. |
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Section 2. This act shall take effect July 1, 2004. |