Senate Bill sb0276c1
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Florida Senate - 2006 CS for SB 276
By the Committee on Criminal Justice; and Senators Baker,
Smith, Posey, Crist and Bennett
591-1823-06
1 A bill to be entitled
2 An act relating to vehicle crashes; creating
3 the "Justin McWilliams 'Justice For Justin'
4 Act"; amending s. 316.027, F.S.; requiring the
5 driver of a vehicle involved in a crash
6 occurring on public or private property that
7 results in injury of a person to immediately
8 stop the vehicle and remain at the scene;
9 providing that failure to stop the vehicle and
10 remain at the scene by the driver of a vehicle
11 involved in a crash occurring on public or
12 private property which results in the death of
13 a person is a first-degree felony; providing
14 penalties; amending s. 316.006, F.S.;
15 authorizing the board of directors of a
16 homeowners' association to provide for local
17 law enforcement agencies to enforce state
18 traffic laws on private roads that are
19 controlled by the association; amending s.
20 921.0022, F.S.; revising felony classification
21 in the Criminal Punishment Code offense
22 severity ranking chart for specified
23 violations; providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. This act may be cited as the "Justin
28 McWilliams 'Justice For Justin' Act."
29 Section 2. Subsection (1) of section 316.027, Florida
30 Statutes, is amended to read:
31 316.027 Crash involving death or personal injuries.--
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1 (1)(a) The driver of any vehicle involved in a crash
2 occurring on public or private property that results resulting
3 in injury of any person must immediately stop the vehicle at
4 the scene of the crash, or as close thereto as possible, and
5 must remain at the scene of the crash until he or she has
6 fulfilled the requirements of s. 316.062. Any person who
7 willfully violates this paragraph commits is guilty of a
8 felony of the third degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 (b) The driver of any vehicle involved in a crash
11 occurring on public or private property which results
12 resulting in the death of any person must immediately stop the
13 vehicle at the scene of the crash, or as close thereto as
14 possible, and must remain at the scene of the crash until he
15 or she has fulfilled the requirements of s. 316.062. Any
16 person who willfully violates this paragraph commits is guilty
17 of a felony of the first second degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 Section 3. Paragraph (b) of subsection (2) and
20 paragraph (b) of subsection (3) of section 316.006, Florida
21 Statutes, are amended to read:
22 316.006 Jurisdiction.--Jurisdiction to control traffic
23 is vested as follows:
24 (2) MUNICIPALITIES.--
25 (b) A municipality may exercise jurisdiction over any
26 private road or roads, or over any limited access road or
27 roads owned or controlled by a special district, located
28 within its boundaries if the municipality and party or parties
29 owning or controlling such road or roads provide, by written
30 agreement approved by the governing body of the municipality,
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1 for municipal traffic control jurisdiction over the road or
2 roads encompassed by such agreement. Pursuant thereto:
3 1. Provision for reimbursement for actual costs of
4 traffic control and enforcement and for liability insurance
5 and indemnification by the party or parties, and such other
6 terms as are mutually agreeable, may be included in such an
7 agreement.
8 2. The exercise of jurisdiction provided for herein
9 shall be in addition to jurisdictional authority presently
10 exercised by municipalities under law, and nothing in this
11 paragraph shall be construed to limit or remove any such
12 jurisdictional authority. Such jurisdiction includes
13 regulation of access to such road or roads by security devices
14 or personnel.
15 3. Any such agreement may provide for the installation
16 of multiparty stop signs by the parties controlling the roads
17 covered by the agreement if a determination is made by such
18 parties that the signage will enhance traffic safety.
19 Multiparty stop signs must conform to the manual and
20 specifications of the Department of Transportation; however,
21 minimum traffic volumes may not be required for the
22 installation of such signage. Enforcement for the signs shall
23 be as provided in s. 316.123.
24 4. The board of directors of a homeowners' association
25 as defined in chapter 720 may, by majority vote, elect to have
26 state traffic laws enforced by local law enforcement agencies
27 on private roads that are controlled by the association.
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29 This subsection shall not limit those counties which have the
30 charter powers to provide and regulate arterial, toll, and
31 other roads, bridges, tunnels, and related facilities from the
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Florida Senate - 2006 CS for SB 276
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1 proper exercise of those powers by the placement and
2 maintenance of traffic control devices which conform to the
3 manual and specifications of the Department of Transportation
4 on streets and highways located within municipal boundaries.
5 (3) COUNTIES.--
6 (b) A county may exercise jurisdiction over any
7 private road or roads, or over any limited access road or
8 roads owned or controlled by a special district, located in
9 the unincorporated area within its boundaries if the county
10 and party or parties owning or controlling such road or roads
11 provide, by written agreement approved by the governing body
12 of the county, for county traffic control jurisdiction over
13 the road or roads encompassed by such agreement. Pursuant
14 thereto:
15 1. Provision for reimbursement for actual costs of
16 traffic control and enforcement and for liability insurance
17 and indemnification by the party or parties, and such other
18 terms as are mutually agreeable, may be included in such an
19 agreement.
20 2. Prior to entering into an agreement which provides
21 for enforcement of the traffic laws of the state over a
22 private road or roads, or over any limited access road or
23 roads owned or controlled by a special district, the governing
24 body of the county shall consult with the sheriff. No such
25 agreement shall take effect prior to October 1, the beginning
26 of the county fiscal year, unless this requirement is waived
27 in writing by the sheriff.
28 3. The exercise of jurisdiction provided for herein
29 shall be in addition to jurisdictional authority presently
30 exercised by counties under law, and nothing in this paragraph
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1 shall be construed to limit or remove any such jurisdictional
2 authority.
3 4. Any such agreement may provide for the installation
4 of multiparty stop signs by the parties controlling the roads
5 covered by the agreement if a determination is made by such
6 parties that the signage will enhance traffic safety.
7 Multiparty stop signs must conform to the manual and
8 specifications of the Department of Transportation; however,
9 minimum traffic volumes may not be required for the
10 installation of such signage. Enforcement for the signs shall
11 be as provided in s. 316.123.
12 5. The board of directors of a homeowners' association
13 as defined in chapter 720 may, by majority vote, elect to have
14 state traffic laws enforced by local law enforcement agencies
15 on private roads that are controlled by the association.
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17 Notwithstanding the provisions of subsection (2), each county
18 shall have original jurisdiction to regulate parking, by
19 resolution of the board of county commissioners and the
20 erection of signs conforming to the manual and specifications
21 of the Department of Transportation, in parking areas located
22 on property owned or leased by the county, whether or not such
23 areas are located within the boundaries of chartered
24 municipalities.
25 Section 4. Paragraph (g) of subsection (3) of section
26 921.0022, Florida Statutes, is amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
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5 (g) LEVEL 7
6 316.027(1)(b) 1st 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 316.1935(3)(b) 1st Causing serious bodily injury or
11 death to another person; driving
12 at high speed or with wanton
13 disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a patrol vehicle with siren and
17 lights activated.
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.
27 484.013(1)(c) 3rd Preparing or dispensing optical
28 devices without a prescription.
29 484.053 3rd Dispensing hearing aids without a
30 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.
19 775.21(10)(a) 3rd Sexual predator; failure to
20 register; failure to renew
21 driver's license or
22 identification card; other
23 registration violations.
24 775.21(10)(b) 3rd Sexual predator working where
25 children regularly congregate.
26 775.21(10)(g) 3rd Failure to report or providing
27 false information about a sexual
28 predator; harbor or conceal a
29 sexual predator.
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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.
26 784.048(7) 3rd Aggravated stalking; violation of
27 court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.074(1)(a) 1st Aggravated battery on sexually
31 violent predators facility staff.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.165(2) 2nd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.165(3) 2nd Possessing, displaying, or
18 threatening to use any hoax bomb
19 while committing or attempting to
20 commit a felony.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 790.166(4) 2nd Possessing, displaying, or
25 threatening to use a hoax weapon
26 of mass destruction while
27 committing or attempting to
28 commit a felony.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
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1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a)1. 1st Property stolen, valued at
17 $100,000 or more; property stolen
18 while causing other property
19 damage; 1st degree grand theft.
20 812.014(2)(b)2. 2nd Property stolen, cargo valued at
21 less than $50,000, grand theft in
22 2nd degree.
23 812.014(2)(b)3. 2nd Property stolen, emergency
24 medical equipment; 2nd degree
25 grand theft.
26 812.0145(2)(a) 1st Theft from person 65 years of age
27 or older; $50,000 or more.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
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1 812.131(2)(a) 2nd Robbery by sudden snatching.
2 812.133(2)(b) 1st Carjacking; no firearm, deadly
3 weapon, or other weapon.
4 817.234(8)(a) 2nd Solicitation of motor vehicle
5 accident victims with intent to
6 defraud.
7 817.234(9) 2nd Organizing, planning, or
8 participating in an intentional
9 motor vehicle collision.
10 817.234(11)(c) 1st Insurance fraud; property value
11 $100,000 or more.
12 817.2341(2)(b)&
13 (3)(b) 1st Making false entries of material
14 fact or false statements
15 regarding property values
16 relating to the solvency of an
17 insuring entity which are a
18 significant cause of the
19 insolvency of that entity.
20 825.102(3)(b) 2nd Neglecting an elderly person or
21 disabled adult causing great
22 bodily harm, disability, or
23 disfigurement.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
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1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 838.015 2nd Bribery.
8 838.016 2nd Unlawful compensation or reward
9 for official behavior.
10 838.021(3)(a) 2nd Unlawful harm to a public
11 servant.
12 838.22 2nd Bid tampering.
13 847.0135(3) 3rd Solicitation of a child, via a
14 computer service, to commit an
15 unlawful sex act.
16 872.06 2nd Abuse of a dead human body.
17 893.13(1)(c)1. 1st Sell, manufacture, or deliver
18 cocaine (or other drug prohibited
19 under s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4.) within 1,000 feet of a
22 child care facility, school, or
23 state, county, or municipal park
24 or publicly owned recreational
25 facility or community center.
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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.
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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.
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1 943.0435(4)(c) 2nd Sexual offender vacating
2 permanent residence; failure to
3 comply with reporting
4 requirements.
5 943.0435(8) 2nd Sexual offender; remains in state
6 after indicating intent to leave;
7 failure to comply with reporting
8 requirements.
9 943.0435(9)(a) 3rd Sexual offender; failure to
10 comply with reporting
11 requirements.
12 943.0435(13) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or conceal a
15 sexual offender.
16 943.0435(14) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 944.607(9) 3rd Sexual offender; failure to
20 comply with reporting
21 requirements.
22 944.607(10)(a) 3rd Sexual offender; failure to
23 submit to the taking of a
24 digitized photograph.
25 944.607(12) 3rd Failure to report or providing
26 false information about a sexual
27 offender; harbor or conceal a
28 sexual offender.
29 944.607(13) 3rd Sexual offender; failure to
30 report and reregister; failure to
31 respond to address verification.
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1 Section 5. This act shall take effect October 1, 2006.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 276
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6 Provides that the board of directors of a homeowners'
association may, by a majority vote, elect to have local law
7 enforcement agencies enforce state traffic laws on private
roads which are controlled by the association. Homeowners'
8 associations could enter into these agreements with
municipalities and counties.
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