Florida Senate - 2012                                     SB 286
       
       
       
       By Senator Fasano
       
       
       
       
       11-00307-12                                            2012286__
    1                        A bill to be entitled                      
    2         An act relating to vehicle crashes resulting in
    3         personal injury; amending s. 316.027, F.S.; increasing
    4         from a third-degree felony to a second-degree felony
    5         the penalty imposed for willfully failing to remain at
    6         the scene of a crash involving personal injury;
    7         amending s. 921.0022, F.S.; conforming provisions of
    8         the offense severity ranking chart of the Criminal
    9         Punishment Code; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (1) of section
   14  316.027, Florida Statutes, is amended to read:
   15         316.027 Crash involving death or personal injuries.—
   16         (1)(a) The driver of a any vehicle involved in a crash
   17  occurring on public or private property which that results in
   18  injury of a any person must immediately stop the vehicle at the
   19  scene of the crash, or as close thereto as possible, and must
   20  remain at the scene of the crash until he or she has fulfilled
   21  the requirements of s. 316.062. A Any person who willfully
   22  violates this paragraph commits a felony of the second third
   23  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   24  775.084.
   25         Section 2. Paragraph (e) of subsection (3) of section
   26  921.0022, Florida Statutes, is amended to read:
   27         921.0022 Criminal Punishment Code; offense severity ranking
   28  chart.—
   29         (3) OFFENSE SEVERITY RANKING CHART
   30         (e) LEVEL 5
   31  FloridaStatute   FelonyDegree                Description                 
   32  316.027(1)(a)     2nd3rd Accidents involving personal injuries, failure to stop; leaving scene.
   33  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
   34  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   35  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
   36  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
   37  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
   38  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
   39  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   40  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   41  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
   42  790.01(2)          3rd   Carrying a concealed firearm.               
   43  790.162            2nd   Threat to throw or discharge destructive device.
   44  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
   45  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
   46  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
   47  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
   48  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
   49  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   50  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   51  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
   52  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
   53  812.131(2)(b)      3rd   Robbery by sudden snatching.                
   54  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
   55  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
   56  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
   57  817.2341(1), (2)(a) & (3)(a)  3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
   58  817.568(2)(b)      2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
   59  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
   60  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
   61  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
   62  827.071(5)         3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
   63  839.13(2)(b)       2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
   64  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
   65  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
   66  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
   67  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
   68  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
   69  893.13(1)(a)1.     2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
   70  893.13(1)(c)2.     2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
   71  893.13(1)(d)1.     1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
   72  893.13(1)(e)2.     2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
   73  893.13(1)(f)1.     1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
   74  893.13(4)(b)       2nd   Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
   75  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
   76         Section 3. This act shall take effect July 1, 2012.