Florida Senate - 2011 SB 514
By Senator Garcia
40-00552-11 2011514__
1 A bill to be entitled
2 An act relating to vehicle crashes involving death;
3 providing a short title; amending s. 316.027, F.S.;
4 requiring a defendant who was arrested for leaving the
5 scene of a crash involving death be held in custody
6 until brought before a judge for admittance to bail in
7 certain circumstances; reenacting s. 921.0022(3)(g),
8 F.S., relating to the Criminal Punishment Code, to
9 incorporate the amendments made to s. 316.027, F.S.,
10 in a reference thereto; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. This act may be cited as the “Ashley Nicole
15 Valdes Act.”
16 Section 2. Paragraph (b) of subsection (1) of section
17 316.027, Florida Statutes, is amended to read:
18 316.027 Crash involving death or personal injuries.—
19 (1)
20 (b) The driver of any vehicle involved in a crash occurring
21 on public or private property that results in the death of any
22 person must immediately stop the vehicle at the scene of the
23 crash, or as close thereto as possible, and must remain at the
24 scene of the crash until he or she has fulfilled the
25 requirements of s. 316.062. A person who is arrested for a
26 violation of this paragraph and who has previously been
27 convicted of a violation of s. 316.027, s. 316.061, s. 316.191,
28 or s. 316.193, or a felony violation of s. 322.34, shall be held
29 in custody until brought before the court for admittance to bail
30 in accordance with chapter 903. Any person who willfully
31 violates this paragraph commits a felony of the first degree,
32 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
33 Any person who willfully commits such a violation violates this
34 paragraph while driving under the influence as set forth in s.
35 316.193(1) shall be sentenced to a mandatory minimum term of
36 imprisonment of 2 years.
37 Section 3. For the purpose of incorporating the amendment
38 made by this act to section 316.027, Florida Statutes, in a
39 reference thereto, paragraph (g) of subsection (3) of section
40 921.0022, Florida Statutes, is reenacted to read:
41 921.0022 Criminal Punishment Code; offense severity ranking
42 chart.—
43 (3) OFFENSE SEVERITY RANKING CHART
44 (g) LEVEL 7
45 FloridaStatute FelonyDegree Description
46 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
47 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
48 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
49 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
50 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
51 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
52 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
53 456.065(2) 3rd Practicing a health care profession without a license.
54 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
55 458.327(1) 3rd Practicing medicine without a license.
56 459.013(1) 3rd Practicing osteopathic medicine without a license.
57 460.411(1) 3rd Practicing chiropractic medicine without a license.
58 461.012(1) 3rd Practicing podiatric medicine without a license.
59 462.17 3rd Practicing naturopathy without a license.
60 463.015(1) 3rd Practicing optometry without a license.
61 464.016(1) 3rd Practicing nursing without a license.
62 465.015(2) 3rd Practicing pharmacy without a license.
63 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
64 467.201 3rd Practicing midwifery without a license.
65 468.366 3rd Delivering respiratory care services without a license.
66 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
67 483.901(9) 3rd Practicing medical physics without a license.
68 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
69 484.053 3rd Dispensing hearing aids without a license.
70 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
71 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
72 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
73 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
74 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
75 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
76 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
77 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
78 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
79 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
80 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
81 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
82 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
83 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
84 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
85 784.048(7) 3rd Aggravated stalking; violation of court order.
86 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
87 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
88 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
89 784.081(1) 1st Aggravated battery on specified official or employee.
90 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
91 784.083(1) 1st Aggravated battery on code inspector.
92 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
93 790.16(1) 1st Discharge of a machine gun under specified circumstances.
94 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
95 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
96 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
97 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
98 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
99 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
100 796.03 2nd Procuring any person under 16 years for prostitution.
101 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
102 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
103 806.01(2) 2nd Maliciously damage structure by fire or explosive.
104 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
105 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
106 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
107 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
108 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
109 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
110 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
111 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
112 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
113 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
114 812.131(2)(a) 2nd Robbery by sudden snatching.
115 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
116 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
117 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
118 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
119 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
120 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
121 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
122 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
123 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
124 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
125 838.015 2nd Bribery.
126 838.016 2nd Unlawful compensation or reward for official behavior.
127 838.021(3)(a) 2nd Unlawful harm to a public servant.
128 838.22 2nd Bid tampering.
129 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
130 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
131 872.06 2nd Abuse of a dead human body.
132 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
133 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
134 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
135 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
136 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
137 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
138 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
139 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
140 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
141 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
142 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
143 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
144 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
145 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
146 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
147 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
148 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
149 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
150 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
151 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
152 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
153 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
154 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
155 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
156 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
157 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
158 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
159 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
160 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
161 Section 4. This act shall take effect October 1, 2011.