Senate Bill sb1662
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Florida Senate - 2006 SB 1662
By Senator Crist
12-919A-06
1 A bill to be entitled
2 An act relating to vehicular accidents
3 involving death or personal injuries; amending
4 s. 316.027, F.S.; creating the
5 "Wilkins-Caldwell Act"; requiring a court to
6 sentence a driver of a vehicle to a minimum
7 term of imprisonment if the driver leaves the
8 scene of a crash that results in death or
9 personal injuries and the driver does not
10 report to a law enforcement agency within a
11 specified period of time; amending ss. 318.13,
12 318.14, 318.18, 921.0022, and 960.03, F.S.;
13 conforming cross-references; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 316.027, Florida Statutes, is
19 amended to read:
20 316.027 Crash involving death or personal injuries.--
21 (1) This section may be cited as the "Wilkins-Caldwell
22 Act."
23 (2)(1)(a) The driver of any vehicle involved in a
24 crash resulting in injury of any person must immediately stop
25 the vehicle at the scene of the crash, or as close thereto as
26 possible, and must remain at the scene of the crash until he
27 or she has fulfilled the requirements of s. 316.062. Any
28 person who willfully violates this paragraph commits is guilty
29 of a felony of the third degree, punishable as provided in s.
30 775.082, s. 775.083, or s. 775.084. A driver who willfully
31 violates this paragraph by leaving the scene of the crash and
1
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Florida Senate - 2006 SB 1662
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1 not reporting to a law enforcement agency within 24 hours
2 after the crash shall be sentenced to a minimum mandatory
3 period of incarceration of 2 years.
4 (b) The driver of any vehicle involved in a crash
5 resulting in the death of any person must immediately stop the
6 vehicle at the scene of the crash, or as close thereto as
7 possible, and must remain at the scene of the crash until he
8 or she has fulfilled the requirements of s. 316.062. Any
9 person who willfully violates this paragraph commits is guilty
10 of a felony of the second degree, punishable as provided in s.
11 775.082, s. 775.083, or s. 775.084. A driver who willfully
12 violates this paragraph by leaving the scene of the crash and
13 not reporting to a law enforcement agency within 24 hours
14 after the crash shall be sentenced to a minimum mandatory
15 period of incarceration of 4 years.
16 (3)(2) The department shall revoke the driver's
17 license of the person so convicted.
18 (4)(3) Every stop must be made without obstructing
19 traffic more than is necessary, and, if a damaged vehicle is
20 obstructing traffic, the driver of the vehicle must make every
21 reasonable effort to move the vehicle or have it moved so as
22 not to obstruct the regular flow of traffic. Any person who
23 fails to comply with this subsection shall be cited for a
24 nonmoving violation, punishable as provided in chapter 318.
25 (5)(4) A person whose commission of a noncriminal
26 traffic infraction or any violation of this chapter or s.
27 1006.66 causes or results in the death of another person may,
28 in addition to any other civil, criminal, or administrative
29 penalty imposed, be required by the court to serve 120
30 community service hours in a trauma center or hospital that
31 regularly receives victims of vehicle accidents, under the
2
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1 supervision of a registered nurse, an emergency room
2 physician, or an emergency medical technician pursuant to a
3 voluntary community service program operated by the trauma
4 center or hospital.
5 Section 2. Subsection (3) of section 318.13, Florida
6 Statutes, is amended to read:
7 318.13 Definitions.--The following words and phrases,
8 when used in this chapter, shall have the meanings
9 respectively ascribed to them in this section, except where
10 the context otherwise requires:
11 (3) "Infraction" means a noncriminal violation that
12 may require community service hours under s. 316.027(5) s.
13 316.027(4), but is not punishable by incarceration and for
14 which there is no right to a trial by jury or a right to
15 court-appointed counsel.
16 Section 3. Subsection (1) of section 318.14, Florida
17 Statutes, is amended to read:
18 318.14 Noncriminal traffic infractions; exception;
19 procedures.--
20 (1) Except as provided in ss. 318.17 and 320.07(3)(c),
21 any person cited for a violation of chapter 316, s. 320.0605,
22 s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2)
23 or (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged
24 with a noncriminal infraction and must be cited for such an
25 infraction and cited to appear before an official. If another
26 person dies as a result of the noncriminal infraction, the
27 person cited may be required to perform 120 community service
28 hours under s. 316.027(5) s. 316.027(4), in addition to any
29 other penalties.
30 Section 4. Paragraph (c) of subsection (8) of section
31 318.18, Florida Statutes, is amended to read:
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1 318.18 Amount of civil penalties.--The penalties
2 required for a noncriminal disposition pursuant to s. 318.14
3 are as follows:
4 (8)
5 (c) If the noncriminal infraction has caused or
6 resulted in the death of another, the person who committed the
7 infraction may perform 120 community service hours under s.
8 316.027(5) s. 316.027(4), in addition to any other penalties.
9 Section 5. Paragraphs (e) and (g) of subsection (3) of
10 section 921.0022, Florida Statutes, are amended to read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
14
15 Florida Felony
16 Statute Degree Description
17
18
19 (e) LEVEL 5
20 316.027(2)(1)(a) 3rd Accidents involving personal
21 injuries, failure to stop;
22 leaving scene.
23 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
24 322.34(6) 3rd Careless operation of motor
25 vehicle with suspended license,
26 resulting in death or serious
27 bodily injury.
28 327.30(5) 3rd Vessel accidents involving
29 personal injury; leaving scene.
30
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1 381.0041
2 (11)(b) 3rd Donate blood, plasma, or organs
3 knowing HIV positive.
4 440.10(1)(g) 2nd Failure to obtain workers'
5 compensation coverage.
6 440.105(5) 2nd Unlawful solicitation for the
7 purpose of making workers'
8 compensation claims.
9 440.381(2) 2nd Submission of false, misleading,
10 or incomplete information with
11 the purpose of avoiding or
12 reducing workers' compensation
13 premiums.
14 624.401(4)(b)2. 2nd Transacting insurance without a
15 certificate or authority; premium
16 collected $20,000 or more but
17 less than $100,000.
18 626.902(1)(c) 2nd Representing an unauthorized
19 insurer; repeat offender.
20 790.01(2) 3rd Carrying a concealed firearm.
21 790.162 2nd Threat to throw or discharge
22 destructive device.
23 790.163(1) 2nd False report of deadly explosive
24 or weapon of mass destruction.
25 790.221(1) 2nd Possession of short-barreled
26 shotgun or machine gun.
27 790.23 2nd Felons in possession of firearms,
28 ammunition, or electronic weapons
29 or devices.
30 800.04(6)(c) 3rd Lewd or lascivious conduct;
31 offender less than 18 years.
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1 800.04(7)(c) 2nd Lewd or lascivious exhibition;
2 offender 18 years or older.
3 806.111(1) 3rd Possess, manufacture, or dispense
4 fire bomb with intent to damage
5 any structure or property.
6 812.0145(2)(b) 2nd Theft from person 65 years of age
7 or older; $10,000 or more but
8 less than $50,000.
9 812.015(8) 3rd Retail theft; property stolen is
10 valued at $300 or more and one or
11 more specified acts.
12 812.019(1) 2nd Stolen property; dealing in or
13 trafficking in.
14 812.131(2)(b) 3rd Robbery by sudden snatching.
15 812.16(2) 3rd Owning, operating, or conducting
16 a chop shop.
17 817.034(4)(a)2. 2nd Communications fraud, value
18 $20,000 to $50,000.
19 817.234(11)(b) 2nd Insurance fraud; property value
20 $20,000 or more but less than
21 $100,000.
22 817.2341(1),
23 (2)(a)&(3)(a) 3rd Filing false financial
24 statements, making false entries
25 of material fact or false
26 statements regarding property
27 values relating to the solvency
28 of an insuring entity.
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1 817.568(2)(b) 2nd Fraudulent use of personal
2 identification information; value
3 of benefit, services received,
4 payment avoided, or amount of
5 injury or fraud, $5,000 or more
6 or use of personal identification
7 information of 10 or more
8 individuals.
9 817.625(2)(b) 2nd Second or subsequent fraudulent
10 use of scanning device or
11 reencoder.
12 825.1025(4) 3rd Lewd or lascivious exhibition in
13 the presence of an elderly person
14 or disabled adult.
15 827.071(4) 2nd Possess with intent to promote
16 any photographic material, motion
17 picture, etc., which includes
18 sexual conduct by a child.
19 827.071(5) 3rd Possess any photographic
20 material, motion picture, etc.,
21 which includes sexual conduct by
22 a child.
23 839.13(2)(b) 2nd Falsifying records of an
24 individual in the care and
25 custody of a state agency
26 involving great bodily harm or
27 death.
28 843.01 3rd Resist officer with violence to
29 person; resist arrest with
30 violence.
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1 847.0137(2)&(3) 3rd Transmission of pornography by
2 electronic device or equipment.
3 847.0138(2)&(3) 3rd Transmission of material harmful
4 to minors to a minor by
5 electronic device or equipment.
6 874.05(2) 2nd Encouraging or recruiting another
7 to join a criminal street gang;
8 second or subsequent offense.
9 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
15 cannabis (or other s.
16 893.03(1)(c), (2)(c)1., (2)(c)2.,
17 (2)(c)3., (2)(c)5., (2)(c)6.,
18 (2)(c)7., (2)(c)8., (2)(c)9.,
19 (3), or (4) drugs) within 1,000
20 feet of a child care facility,
21 school, or state, county, or
22 municipal park or publicly owned
23 recreational facility or
24 community center.
25 893.13(1)(d)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), (2)(b), or (2)(c)4.
29 drugs) within 1,000 feet of
30 university.
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1 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c)1.,
4 (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8.,
6 (2)(c)9., (3), or (4) within
7 1,000 feet of property used for
8 religious services or a specified
9 business site.
10 893.13(1)(f)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d), or
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 1,000 feet of
15 public housing facility.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) drugs).
21 (g) LEVEL 7
22 316.027(2)(1)(b) 2nd Accident involving death, failure
23 to stop; leaving scene.
24 316.193(3)(c)2. 3rd DUI resulting in serious bodily
25 injury.
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 775.21(10)(a) 3rd Sexual predator; failure to
14 register; failure to renew
15 driver's license or
16 identification card; other
17 registration violations.
18 775.21(10)(b) 3rd Sexual predator working where
19 children regularly congregate.
20 775.21(10)(g) 3rd Failure to report or providing
21 false information about a sexual
22 predator; harbor or conceal a
23 sexual predator.
24 782.051(3) 2nd Attempted felony murder of a
25 person by a person other than the
26 perpetrator or the perpetrator of
27 an attempted felony.
28 782.07(1) 2nd Killing of a human being by the
29 act, procurement, or culpable
30 negligence of another
31 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.048(7) 3rd Aggravated stalking; violation of
19 court order.
20 784.07(2)(d) 1st Aggravated battery on law
21 enforcement officer.
22 784.074(1)(a) 1st Aggravated battery on sexually
23 violent predators facility staff.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.165(2) 2nd Manufacture, sell, possess, or
9 deliver hoax bomb.
10 790.165(3) 2nd Possessing, displaying, or
11 threatening to use any hoax bomb
12 while committing or attempting to
13 commit a felony.
14 790.166(3) 2nd Possessing, selling, using, or
15 attempting to use a hoax weapon
16 of mass destruction.
17 790.166(4) 2nd Possessing, displaying, or
18 threatening to use a hoax weapon
19 of mass destruction while
20 committing or attempting to
21 commit a felony.
22 796.03 2nd Procuring any person under 16
23 years for prostitution.
24 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
25 victim less than 12 years of age;
26 offender less than 18 years.
27 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 18 years or older.
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1 806.01(2) 2nd Maliciously damage structure by
2 fire or explosive.
3 810.02(3)(a) 2nd Burglary of occupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
6 unarmed; no assault or battery.
7 810.02(3)(d) 2nd Burglary of occupied conveyance;
8 unarmed; no assault or battery.
9 812.014(2)(a)1. 1st Property stolen, valued at
10 $100,000 or more; property stolen
11 while causing other property
12 damage; 1st degree grand theft.
13 812.014(2)(b)2. 2nd Property stolen, cargo valued at
14 less than $50,000, grand theft in
15 2nd degree.
16 812.014(2)(b)3. 2nd Property stolen, emergency
17 medical equipment; 2nd degree
18 grand theft.
19 812.0145(2)(a) 1st Theft from person 65 years of age
20 or older; $50,000 or more.
21 812.019(2) 1st Stolen property; initiates,
22 organizes, plans, etc., the theft
23 of property and traffics in
24 stolen property.
25 812.131(2)(a) 2nd Robbery by sudden snatching.
26 812.133(2)(b) 1st Carjacking; no firearm, deadly
27 weapon, or other weapon.
28 817.234(8)(a) 2nd Solicitation of motor vehicle
29 accident victims with intent to
30 defraud.
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1 817.234(9) 2nd Organizing, planning, or
2 participating in an intentional
3 motor vehicle collision.
4 817.234(11)(c) 1st Insurance fraud; property value
5 $100,000 or more.
6 817.2341(2)(b)&
7 (3)(b) 1st Making false entries of material
8 fact or false statements
9 regarding property values
10 relating to the solvency of an
11 insuring entity which are a
12 significant cause of the
13 insolvency of that entity.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.103(2)(b) 2nd Exploiting an elderly person or
19 disabled adult and property is
20 valued at $20,000 or more, but
21 less than $100,000.
22 827.03(3)(b) 2nd Neglect of a child causing great
23 bodily harm, disability, or
24 disfigurement.
25 827.04(3) 3rd Impregnation of a child under 16
26 years of age by person 21 years
27 of age or older.
28 837.05(2) 3rd Giving false information about
29 alleged capital felony to a law
30 enforcement officer.
31 838.015 2nd Bribery.
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1 838.016 2nd Unlawful compensation or reward
2 for official behavior.
3 838.021(3)(a) 2nd Unlawful harm to a public
4 servant.
5 838.22 2nd Bid tampering.
6 847.0135(3) 3rd Solicitation of a child, via a
7 computer service, to commit an
8 unlawful sex act.
9 872.06 2nd Abuse of a dead human body.
10 893.13(1)(c)1. 1st Sell, manufacture, or deliver
11 cocaine (or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4.) within 1,000 feet of a
15 child care facility, school, or
16 state, county, or municipal park
17 or publicly owned recreational
18 facility or community center.
19 893.13(1)(e)1. 1st Sell, manufacture, or deliver
20 cocaine or other drug prohibited
21 under s. 893.03(1)(a), (1)(b),
22 (1)(d), (2)(a), (2)(b), or
23 (2)(c)4., within 1,000 feet of
24 property used for religious
25 services or a specified business
26 site.
27 893.13(4)(a) 1st Deliver to minor cocaine (or
28 other s. 893.03(1)(a), (1)(b),
29 (1)(d), (2)(a), (2)(b), or
30 (2)(c)4. drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 25 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 893.135
26 (1)(h)1.a. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 1 kilogram or more, less than 5
29 kilograms.
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 943.0435(4)(c) 2nd Sexual offender vacating
18 permanent residence; failure to
19 comply with reporting
20 requirements.
21 943.0435(8) 2nd Sexual offender; remains in state
22 after indicating intent to leave;
23 failure to comply with reporting
24 requirements.
25 943.0435(9)(a) 3rd Sexual offender; failure to
26 comply with reporting
27 requirements.
28 943.0435(13) 3rd Failure to report or providing
29 false information about a sexual
30 offender; harbor or conceal a
31 sexual offender.
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1 943.0435(14) 3rd Sexual offender; failure to
2 report and reregister; failure to
3 respond to address verification.
4 944.607(9) 3rd Sexual offender; failure to
5 comply with reporting
6 requirements.
7 944.607(10)(a) 3rd Sexual offender; failure to
8 submit to the taking of a
9 digitized photograph.
10 944.607(12) 3rd Failure to report or providing
11 false information about a sexual
12 offender; harbor or conceal a
13 sexual offender.
14 944.607(13) 3rd Sexual offender; failure to
15 report and reregister; failure to
16 respond to address verification.
17 Section 6. Paragraph (b) of subsection (3) of section
18 960.03, Florida Statutes, is amended to read:
19 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
20 960.01-960.28, unless the context otherwise requires, the
21 term:
22 (3) "Crime" means:
23 (b) A violation of s. 316.193, s. 316.027(2) s.
24 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a)
25 which results in physical injury or death; however, no other
26 act involving the operation of a motor vehicle, boat, or
27 aircraft which results in injury or death shall constitute a
28 crime for the purpose of this chapter unless the injury or
29 death was intentionally inflicted through the use of such
30 vehicle, boat, or aircraft or unless such vehicle, boat, or
31 aircraft is an implement of a crime to which this act applies.
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Florida Senate - 2006 SB 1662
12-919A-06
1 Section 7. This act shall take effect July 1, 2006.
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4 SENATE SUMMARY
5 Requires a court to sentence a driver of a vehicle to a
minimum term of imprisonment if the driver leaves the
6 scene of a crash that results in death or personal
injuries and the driver does not report to a law
7 enforcement agency within a specified period of time.
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