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.

24  

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

26  

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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    Florida Senate - 2006                            CS for SB 276
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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,

31  

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    Florida Senate - 2006                            CS for SB 276
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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.

28  

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

31  

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    Florida Senate - 2006                            CS for SB 276
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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.

16  

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

30  

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    Florida Senate - 2006                            CS for SB 276
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 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4                     

 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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    Florida Senate - 2006                            CS for SB 276
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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.

31  

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    Florida Senate - 2006                            CS for SB 276
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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.

30  

31  

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    Florida Senate - 2006                            CS for SB 276
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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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    Florida Senate - 2006                            CS for SB 276
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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.

31  

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    Florida Senate - 2006                            CS for SB 276
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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.

31  

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    Florida Senate - 2006                            CS for SB 276
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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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    Florida Senate - 2006                            CS for SB 276
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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

 5                                 

 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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