Senate Bill sb0546

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    Florida Senate - 2007                                   SB 546

    By Senator Posey





    24-404-07

  1                      A bill to be entitled

  2         An act relating to fleeing or attempting to

  3         elude a law enforcement officer; amending s.

  4         316.1935, F.S.; providing that an owner of a

  5         motor vehicle commits a misdemeanor of the

  6         first degree if the owner allows another to use

  7         the owner's vehicle to elude or flee from a law

  8         enforcement officer under certain

  9         circumstances; providing criminal penalties;

10         providing an effective date.

11  

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

13  

14         Section 1.  Section 316.1935, Florida Statutes, is

15  amended to read:

16         316.1935  Fleeing or attempting to elude a law

17  enforcement officer; aggravated fleeing or eluding; motor

18  vehicle owner culpability.--

19         (1)  It is unlawful for the operator of any vehicle,

20  having knowledge that he or she has been ordered to stop such

21  vehicle by a duly authorized law enforcement officer,

22  willfully to refuse or fail to stop the vehicle in compliance

23  with such order or, having stopped in knowing compliance with

24  such order, willfully to flee in an attempt to elude the

25  officer, and a person who violates this subsection commits a

26  felony of the third degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (2)  Any person who willfully flees or attempts to

29  elude a law enforcement officer in an authorized law

30  enforcement patrol vehicle, with agency insignia and other

31  jurisdictional markings prominently displayed on the vehicle,

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    Florida Senate - 2007                                   SB 546
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 1  with siren and lights activated commits a felony of the third

 2  degree, punishable as provided in s. 775.082, s. 775.083, or

 3  s. 775.084.

 4         (3)  Any person who willfully flees or attempts to

 5  elude a law enforcement officer in an authorized law

 6  enforcement patrol vehicle, with agency insignia and other

 7  jurisdictional markings prominently displayed on the vehicle,

 8  with siren and lights activated, and during the course of the

 9  fleeing or attempted eluding:

10         (a)  Drives at high speed, or in any manner which

11  demonstrates a wanton disregard for the safety of persons or

12  property, commits a felony of the second degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (b)  Drives at high speed, or in any manner which

15  demonstrates a wanton disregard for the safety of persons or

16  property, and causes serious bodily injury or death to another

17  person, including any law enforcement officer involved in

18  pursuing or otherwise attempting to effect a stop of the

19  person's vehicle, commits a felony of the first degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084. Notwithstanding any other provision of law, the court

22  shall sentence any person convicted of committing the offense

23  described in this paragraph to a mandatory minimum sentence of

24  3 years imprisonment. Nothing in This paragraph does not shall

25  prevent a court from imposing a greater sentence of

26  incarceration as authorized by law.

27         (4)  Any person who, in the course of unlawfully

28  leaving or attempting to leave the scene of a crash in

29  violation of s. 316.027 or s. 316.061, having knowledge of an

30  order to stop by a duly authorized law enforcement officer,

31  willfully refuses or fails to stop in compliance with such an

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    Florida Senate - 2007                                   SB 546
    24-404-07




 1  order, or having stopped in knowing compliance with such

 2  order, willfully flees in an attempt to elude such officer

 3  and, as a result of such fleeing or eluding:

 4         (a)  Causes injury to another person or causes damage

 5  to any property belonging to another person, commits

 6  aggravated fleeing or eluding, a felony of the second degree,

 7  punishable as provided in s. 775.082, s. 775.083, or s.

 8  775.084.

 9         (b)  Causes serious bodily injury or death to another

10  person, including any law enforcement officer involved in

11  pursuing or otherwise attempting to effect a stop of the

12  person's vehicle, commits aggravated fleeing or eluding with

13  serious bodily injury or death, a felony of the first degree,

14  punishable as provided in s. 775.082, s. 775.083, or s.

15  775.084.

16  

17  The felony of aggravated fleeing or eluding and the felony of

18  aggravated fleeing or eluding with serious bodily injury or

19  death constitute separate offenses for which a person may be

20  charged, in addition to the offenses under ss. 316.027 and

21  316.061, relating to unlawfully leaving the scene of a crash,

22  which the person had been in the course of committing or

23  attempting to commit when the order to stop was given.

24  Notwithstanding any other provision of law, the court shall

25  sentence any person convicted of committing aggravated fleeing

26  or eluding with serious bodily injury or death to a mandatory

27  minimum sentence of 3 years imprisonment. Nothing in This

28  subsection does not shall prevent a court from imposing a

29  greater sentence of incarceration as authorized by law.

30         (5)  If the owner of a motor vehicle knowingly allows

31  another person to operate the vehicle in violation of

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    Florida Senate - 2007                                   SB 546
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 1  subsection (1), subsection (2), subsection (3), or subsection

 2  (4) and if the owner knows that the vehicle was previously

 3  used during a violation of subsection (1), subsection (2),

 4  subsection (3), or subsection (4), the owner commits a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083.

 7         (6)(5)  The court shall revoke, for a period not less

 8  than 1 year nor exceeding 5 years, the driver's license of any

 9  operator of a motor vehicle convicted of a violation of

10  subsection (1), subsection (2), subsection (3), or subsection

11  (4).

12         (7)(6)  Notwithstanding s. 948.01, a no court may not

13  suspend, defer, or withhold adjudication of guilt or

14  imposition of sentence for any violation of this section. A

15  person convicted and sentenced to a mandatory minimum term of

16  incarceration under paragraph (3)(b) or paragraph (4)(b) is

17  not eligible for statutory gain-time under s. 944.275 or any

18  form of discretionary early release, other than pardon or

19  executive clemency or conditional medical release under s.

20  947.149, prior to serving the mandatory minimum sentence.

21         (8)(7)  Any motor vehicle involved in a violation of

22  this section is deemed to be contraband, which may be seized

23  by a law enforcement agency and is subject to forfeiture

24  pursuant to ss. 932.701-932.704. Any vehicle not required to

25  be titled under the laws of this state is presumed to be the

26  property of the person in possession of the vehicle.

27         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 546
    24-404-07




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 2                          SENATE SUMMARY

 3    Provides that the owner of a motor vehicle commits a
      misdemeanor of the first degree if the owner allows
 4    another person to use the vehicle to elude or flee from a
      law enforcement officer under certain circumstances.
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