HB 1281

1
A bill to be entitled
2An act relating to vehicular accidents involving death or
3personal injuries; amending s. 316.027, F.S.; creating the
4"Wilkins-Caldwell Act"; requiring a court to sentence a
5driver of a vehicle to a minimum term of imprisonment if
6the driver leaves the scene of a crash that results in
7death or personal injuries and the driver does not report
8to a law enforcement agency within a specified period of
9time; amending ss. 318.13, 318.14, 318.18, 921.0022, and
10960.03, F.S.; conforming cross-references; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 316.027, Florida Statutes, is amended
16to read:
17     316.027  Crash involving death or personal injuries.--
18     (1)  This section may be cited as the "Wilkins-Caldwell
19Act."
20     (2)(1)(a)  The driver of any vehicle involved in a crash
21resulting in injury of any person must immediately stop the
22vehicle at the scene of the crash, or as close thereto as
23possible, and must remain at the scene of the crash until he or
24she has fulfilled the requirements of s. 316.062. Any person who
25willfully violates this paragraph commits is guilty of a felony
26of the third degree, punishable as provided in s. 775.082, s.
27775.083, or s. 775.084. A driver who willfully violates this
28paragraph by leaving the scene of the crash and not reporting to
29a law enforcement agency within 24 hours after the crash shall
30be sentenced to a minimum mandatory period of incarceration of 2
31years.
32     (b)  The driver of any vehicle involved in a crash
33resulting in the death of any person must immediately stop the
34vehicle at the scene of the crash, or as close thereto as
35possible, and must remain at the scene of the crash until he or
36she has fulfilled the requirements of s. 316.062. Any person who
37willfully violates this paragraph commits is guilty of a felony
38of the second degree, punishable as provided in s. 775.082, s.
39775.083, or s. 775.084. A driver who willfully violates this
40paragraph by leaving the scene of the crash and not reporting to
41a law enforcement agency within 24 hours after the crash shall
42be sentenced to a minimum mandatory period of incarceration of 4
43years.
44     (3)(2)  The department shall revoke the driver's license of
45the person so convicted.
46     (4)(3)  Every stop must be made without obstructing traffic
47more than is necessary, and, if a damaged vehicle is obstructing
48traffic, the driver of the vehicle must make every reasonable
49effort to move the vehicle or have it moved so as not to
50obstruct the regular flow of traffic. Any person who fails to
51comply with this subsection shall be cited for a nonmoving
52violation, punishable as provided in chapter 318.
53     (5)(4)  A person whose commission of a noncriminal traffic
54infraction or any violation of this chapter or s. 1006.66 causes
55or results in the death of another person may, in addition to
56any other civil, criminal, or administrative penalty imposed, be
57required by the court to serve 120 community service hours in a
58trauma center or hospital that regularly receives victims of
59vehicle accidents, under the supervision of a registered nurse,
60an emergency room physician, or an emergency medical technician
61pursuant to a voluntary community service program operated by
62the trauma center or hospital.
63     Section 2.  Subsection (3) of section 318.13, Florida
64Statutes, is amended to read:
65     318.13  Definitions.--The following words and phrases, when
66used in this chapter, shall have the meanings respectively
67ascribed to them in this section, except where the context
68otherwise requires:
69     (3)  "Infraction" means a noncriminal violation that may
70require community service hours under s. 316.027(5)(4), but is
71not punishable by incarceration and for which there is no right
72to a trial by jury or a right to court-appointed counsel.
73     Section 3.  Subsection (1) of section 318.14, Florida
74Statutes, is amended to read:
75     318.14  Noncriminal traffic infractions; exception;
76procedures.--
77     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
78person cited for a violation of chapter 316, s. 320.0605, s.
79320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
80(3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
81a noncriminal infraction and must be cited for such an
82infraction and cited to appear before an official. If another
83person dies as a result of the noncriminal infraction, the
84person cited may be required to perform 120 community service
85hours under s. 316.027(5)(4), in addition to any other
86penalties.
87     Section 4.  Paragraph (c) of subsection (8) of section
88318.18, Florida Statutes, is amended to read:
89     318.18  Amount of civil penalties.--The penalties required
90for a noncriminal disposition pursuant to s. 318.14 are as
91follows:
92     (8)
93     (c)  If the noncriminal infraction has caused or resulted
94in the death of another, the person who committed the infraction
95may perform 120 community service hours under s. 316.027(5)(4),
96in addition to any other penalties.
97     Section 5.  Paragraphs (e) and (g) of subsection (3) of
98section 921.0022, Florida Statutes, are amended to read:
99     921.0022  Criminal Punishment Code; offense severity
100ranking chart.--
101     (3)  OFFENSE SEVERITY RANKING CHART  
 
Florida StatuteFelony DegreeDescription
102
 


(e)  LEVEL 5
103
 
316.027(2)(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
104
 
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
105
 
322.34(6) 3rd Careless operation of motor vehicle with suspended  license, resulting in death or serious bodily injury.
106
 
327.30(5) 3rd Vessel accidents involving personal injury; leaving  scene.
107
 
381.0041(11)(b)3rd Donate blood, plasma, or organs knowing HIV positive.
108
 
440.10(1)(g)2nd Failure to obtain workers' compensation coverage.
109
 
440.105(5) 2nd Unlawful solicitation for the purpose of making  workers' compensation claims.
110
 
440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
111
 
624.401(4)(b)2. 2nd Transacting insurance without a certificate or  authority; premium collected $20,000 or more but less than $100,000.
112
 
626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
113
 
790.01(2) 3rd Carrying a concealed firearm.
114
 
790.162 2nd Threat to throw or discharge destructive device.
115
 
790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
116
 
790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
117
 
790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
118
 
800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
119
 
800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
120
 
806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
121
 
812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
122
 
812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
123
 
812.019(1) 2nd Stolen property; dealing in or trafficking in.
124
 
812.131(2)(b) 3rd Robbery by sudden snatching.
125
 
812.16(2) 3rd Owning, operating, or conducting a chop shop.
126
 
817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
127
 
817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
128
 
817.2341(1),(2)(a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
129
 
817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
130
 
817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
131
 
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
132
 
827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
133
 
827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
134
 
839.13(2)(b) 2nd Falsifying records of an individual in the care and  custody of a state agency involving great bodily harm or death.
135
 
843.01 3rd Resist officer with violence to person; resist arrest with violence.
136
 
847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
137
 
847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
138
 
874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
139
 
893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
140
 
893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
141
 
893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
142
 
893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
143
 
893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
144
 
893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
145
 


(g)  LEVEL 7
146
 
316.027(2)(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
147
 
316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
148
 
316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
149
 
327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
150
 
402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
151
 
409.920(2) 3rd Medicaid provider fraud.
152
 
456.065(2) 3rd Practicing a health care profession without a license.
153
 
456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
154
 
458.327(1) 3rd Practicing medicine without a license.
155
 
459.013(1) 3rd Practicing osteopathic medicine without a license.
156
 
460.411(1) 3rd Practicing chiropractic medicine without a license.
157
 
461.012(1) 3rd Practicing podiatric medicine without a license.
158
 
462.17 3rd Practicing naturopathy without a license.
159
 
463.015(1) 3rd Practicing optometry without a license.
160
 
464.016(1) 3rd Practicing nursing without a license.
161
 
465.015(2) 3rd Practicing pharmacy without a license.
162
 
466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
163
 
467.201 3rd Practicing midwifery without a license.
164
 
468.366 3rd Delivering respiratory care services without a license.
165
 
483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
166
 
483.901(9) 3rd Practicing medical physics without a license.
167
 
484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
168
 
484.053 3rd Dispensing hearing aids without a license.
169
 
494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
170
 
560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
171
 
560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
172
 
655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
173
 
775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
174
 
775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
175
 
775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
176
 
782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
177
 
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
178
 
782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
179
 
782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
180
 
784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
181
 
784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
182
 
784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
183
 
784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
184
 
784.048(7) 3rd Aggravated stalking; violation of court order.
185
 
784.07(2)(d) 1st Aggravated battery on law enforcement officer.
186
 
784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
187
 
784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
188
 
784.081(1) 1st Aggravated battery on specified official or employee.
189
 
784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
190
 
784.083(1) 1st Aggravated battery on code inspector.
191
 
790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
192
 
790.16(1) 1st Discharge of a machine gun under specified circumstances.
193
 
790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
194
 
790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
195
 
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
196
 
790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
197
 
796.03 2nd Procuring any person under 16 years for prostitution.
198
 
800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
199
 
800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
200
 
806.01(2) 2nd Maliciously damage structure by fire or explosive.
201
 
810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
202
 
810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
203
 
810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
204
 
812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
205
 
812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
206
 
812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
207
 
812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
208
 
812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
209
 
812.131(2)(a) 2nd Robbery by sudden snatching.
210
 
812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
211
 
817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
212
 
817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
213
 
817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
214
 
817.2341(2)(b)&(3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
215
 
825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
216
 
825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
217
 
827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
218
 
827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
219
 
837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
220
 
838.015 2nd Bribery.
221
 
838.016 2nd Unlawful compensation or reward for official behavior.
222
 
838.021(3)(a) 2nd Unlawful harm to a public servant.
223
 
838.22 2nd Bid tampering.
224
 
847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
225
 
872.06 2nd Abuse of a dead human body.
226
 
893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
227
 
893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
228
 
893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
229
 
893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
230
 
893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
231
 
893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
232
 
893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
233
 
893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
234
 
893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
235
 
893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
236
 
893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
237
 
893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
238
 
893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
239
 
896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
240
 
896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
241
 
943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
242
 
943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
243
 
943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
244
 
943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
245
 
943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
246
 
944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
247
 
944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
248
 
944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
249
 
944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
250
251     Section 6.  Paragraph (b) of subsection (3) of section
252960.03, Florida Statutes, is amended to read:
253     960.03  Definitions; ss. 960.01-960.28.--As used in ss.
254960.01-960.28, unless the context otherwise requires, the term:
255     (3)  "Crime" means:
256     (b)  A violation of s. 316.193, s. 316.027(2)(1), s.
257327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
258physical injury or death; however, no other act involving the
259operation of a motor vehicle, boat, or aircraft which results in
260injury or death shall constitute a crime for the purpose of this
261chapter unless the injury or death was intentionally inflicted
262through the use of such vehicle, boat, or aircraft or unless
263such vehicle, boat, or aircraft is an implement of a crime to
264which this act applies.
265     Section 7.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.