Senate Bill sb0276c2
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Florida Senate - 2006 CS for CS for SB 276
By the Committees on Justice Appropriations; Criminal Justice;
and Senators Baker, Smith, Posey, Crist, Bennett and Atwater
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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 an exception for a crash within a
10 closed-course motorsport facility; providing
11 that failure to stop the vehicle and remain at
12 the scene by the driver of a vehicle involved
13 in a crash occurring on public or private
14 property which results in the death of a person
15 is a first-degree felony; providing penalties;
16 amending s. 921.0022, F.S.; revising felony
17 classification in the Criminal Punishment Code
18 offense severity ranking chart for specified
19 violations; providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. This act may be cited as the "Justin
24 McWilliams 'Justice For Justin' Act."
25 Section 2. Subsection (1) of section 316.027, Florida
26 Statutes, is amended to read:
27 316.027 Crash involving death or personal injuries.--
28 (1)(a) The driver of any vehicle involved in a crash
29 occurring on public or private property, except within a
30 closed-course motorsport facility as defined in s. 549.09(1),
31 which results resulting in injury of any person must
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1 immediately stop the vehicle at the scene of the crash, or as
2 close thereto as possible, and must remain at the scene of the
3 crash until he or she has fulfilled the requirements of s.
4 316.062. Any person who willfully violates this paragraph
5 commits is guilty of a felony of the third degree, punishable
6 as provided in s. 775.082, s. 775.083, or s. 775.084.
7 (b) The driver of any vehicle involved in a crash
8 occurring on public or private property which results
9 resulting in the death of any person must immediately stop the
10 vehicle at the scene of the crash, or as close thereto as
11 possible, and must remain at the scene of the crash until he
12 or she has fulfilled the requirements of s. 316.062. Any
13 person who willfully violates this paragraph commits is guilty
14 of a felony of the first second degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084.
16 Section 3. Paragraph (g) of subsection (3) of section
17 921.0022, Florida Statutes, is amended to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
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22 Florida Felony
23 Statute Degree Description
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25
26 (g) LEVEL 7
27 316.027(1)(b) 1st 2nd Accident involving death, failure
28 to stop; leaving scene.
29 316.193(3)(c)2. 3rd DUI resulting in serious bodily
30 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 4. This act shall take effect October 1, 2006.
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19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 CS for Senate Bill 276
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22 Deletes the provision that allows the board of directors of a
homeowners association, by a majority vote, to elect to have
23 local law enforcement agencies enforce state traffic laws on
private roads that are controlled by the association. Also,
24 exempts closed-course motorsport facilities from the
provisions of this law.
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