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2011 Florida Statutes

Title XLVI CRIMES
Chapter 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS
CHAPTER 860
CHAPTER 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS
OFFENSES CONCERNING AIRCRAFT, VEHICLES, VESSELS, ETC.
860.02 Carelessness of common carrier.
860.03 Intoxicated servant of common carrier.
860.04 Riding or attempting to ride on a railroad train with intent to ride free.
860.05 Unauthorized person interfering with railroad train, cars, or engines.
860.065 Commercial transportation; penalty for use in commission of a felony.
860.07 Unauthorized persons giving signals to railroad trains or engines.
860.08 Interference with railroad signals prohibited; penalty.
860.09 Interference with railroad track and other equipment prohibited; penalties.
860.091 Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in death; penalty.
860.10 Disposing of duplicate switch keys of railroad companies; penalty.
860.11 Injuring railroad structures; driving cattle on tracks.
860.121 Crimes against railroad vehicles; penalties.
860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.
860.14 Motor vehicle parts and accessories; records of certain purchases.
860.145 Airbag Antitheft Act.
860.146 Fake airbags; junk-filled airbag compartment.
860.15 Overcharging for repairs and parts; penalty.
860.151 Short title.
860.152 Purpose.
860.153 Definitions.
860.154 Florida Motor Vehicle Theft Prevention Authority.
860.155 Compensation of members.
860.156 Personnel.
860.157 Powers and duties of the authority.
860.158 Florida Motor Vehicle Theft Prevention Authority Expenditures.
860.16 Aircraft piracy; penalty.
860.17 Tampering with or interfering with motor vehicles or trailers.
860.20 Outboard motors; identification numbers.
860.02 Carelessness of common carrier.—Whoever, having management or control of or over any railroad train, steamboat, or other public conveyance used for the common carriage of passengers is guilty of gross carelessness or neglect in or in relation to the conduct, management and control of such conveyance, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083.
History.—s. 48, ch. 1637, 1868; RS 2692; GS 3637; RGS 5573; CGL 7759; s. 1086, ch. 71-136.
860.03 Intoxicated servant of common carrier.—If any person while in charge of a locomotive engine, acting as the conductor or superintendent of a car or train, on the car or train as a brakeman, employed to attend the switches, drawbridges or signal stations on any railway, or acting as captain or pilot on any steamboat shall be intoxicated, the person shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—RS 2693; GS 3638; RGS 5574; CGL 7760; s. 1087, ch. 71-136; s. 1390, ch. 97-102.
860.04 Riding or attempting to ride on a railroad train with intent to ride free.—Any person who, without permission of those having authority, with the intention of being transported free, rides or attempts to ride on any railroad train in this state shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 4703, 1899; GS 3643; RGS 5579; CGL 7765; s. 1088, ch. 71-136.
860.05 Unauthorized person interfering with railroad train, cars, or engines.—Any person, other than an employee or authorized agent of the railroad company acting within the line of duty, who shall knowingly or willfully detach or uncouple any train; put on, apply, or tamper with any brake, bell cord, or emergency valve; or otherwise interfere with any train, engine, car, or part thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, ch. 4704, 1899; GS 3654; RGS 5591; CGL 7777; s. 1089, ch. 71-136; s. 1, ch. 79-360; s. 1391, ch. 97-102.
860.065 Commercial transportation; penalty for use in commission of a felony.—
(1) It is unlawful for any person to attempt to obtain, solicit to obtain, or obtain any means of public or commercial transportation or conveyance, including vessels, aircraft, railroad trains, or commercial vehicles as defined in s. 316.003(66), with the intent to use such public or commercial transportation or conveyance to commit any felony or to facilitate the commission of any felony.
(2) Any person who violates the provisions of subsection (1) commits a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2002-79.
860.07 Unauthorized persons giving signals to railroad trains or engines.—Any person who wrongfully, recklessly, or wantonly and without authority, signals any train or engine in this state with a red light or with a red flag, or gives any signal calculated to affect the movement or operation of any train, engine, or cars on any railroad in this state shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This section shall not apply to any person giving signals to stop a train for the purpose of preventing an accident to such train, or at a regular station or flag station when the train is flagged for the purpose of taking passage on said train.
History.—s. 1, ch. 4708, 1899; GS 3656; RGS 5593; CGL 7779; s. 1091, ch. 71-136.
860.08 Interference with railroad signals prohibited; penalty.—Any person, other than an employee or authorized agent of a railroad company acting within the line of duty, who knowingly or willfully interferes with or removes any railroad signal system used to control railroad operations, any railroad crossing warning devices, or any lantern, light, lamp, torch, flag, fuse, torpedo, or other signal used in connection with railroad operations is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 2, ch. 4705, 1899; GS 3657; RGS 5594; CGL 7780; s. 1092, ch. 71-136; s. 1, ch. 79-360; s. 1392, ch. 97-102.
860.09 Interference with railroad track and other equipment prohibited; penalties.—Any person, other than an employee or authorized agent of a railroad company acting within the line of duty, who knowingly or willfully moves, interferes with, removes, or obstructs any railroad switch, bridge, track, crossties, or other equipment located on the right-of-way or property of a railroad and used in railroad operations is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 3755, 1887; RS 2698; GS 3660; RGS 5597; CGL 7783; s. 1093, ch. 71-136; s. 1, ch. 79-360; s. 1393, ch. 97-102.
860.091 Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in death; penalty.—Any person who violates the provisions of s. 860.05, s. 860.08, or s. 860.09 when such violation results in the death of another person is guilty of homicide as defined in chapter 782, punishable as provided in s. 775.082.
History.—s. 2, ch. 79-360.
860.10 Disposing of duplicate switch keys of railroad companies; penalty.—It is unlawful for any person to make, buy, sell, or give away any duplicate key to any lock belonging to or in use by any railroad company in this state on its switches or switch tracks, except on the written order of the officer of said railroad company whose duty it is to distribute and issue switch lock keys to the employees of such railroad company. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 9307, 1923; CGL 7786; s. 1094, ch. 71-136.
860.11 Injuring railroad structures; driving cattle on tracks.—Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle guard, or other superstructure of any railroad company or salts the track of any railroad company for the purpose of attracting cattle thereto, or who shall drive cattle thereon, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 3, ch. 3281, 1881; RS 2699; GS 3661; RGS 5598; CGL 7784; s. 1095, ch. 71-136.
860.121 Crimes against railroad vehicles; penalties.—
(1) It shall be unlawful for any person to shoot at, throw any object capable of causing death or great bodily harm at, or place any object capable of causing death or great bodily harm in the path of any railroad train, locomotive, car, caboose, or other railroad vehicle.
(2)(a) Any person who violates subsection (1) with respect to an unoccupied railroad vehicle is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who violates subsection (1) with respect to an occupied railroad vehicle or a railroad vehicle connected thereto is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who violates subsection (1), if such violation results in great bodily harm, is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) Any person who violates subsection (1), if such violation results in death, is guilty of homicide as defined in chapter 782, punishable as provided in s. 775.082.
History.—s. 3, ch. 79-360.
860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.—
(1) It shall be unlawful for any person:
(a) To operate an aircraft in the air or on the ground or water while under the influence of:
1. Alcoholic beverages;
2. Any substance controlled under chapter 893;
3. Any chemical substance set forth in s. 877.111; or
(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.
(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.
(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate.
History.—ss. 1-4, ch. 25259, 1949; s. 1096, ch. 71-136; ss. 1, 2A, ch. 71-282; s. 32, ch. 73-331; s. 5, ch. 83-187; s. 15, ch. 2010-117.
860.14 Motor vehicle parts and accessories; records of certain purchases.—Every person engaged in the business of buying and selling parts and accessories for motor vehicles who purchases such parts and accessories from any person other than manufacturers, distributors, wholesalers, retailers, or other persons usually and regularly engaged in the business of selling such parts and accessories shall keep a daily record of all such parts and accessories so purchased, which record shall show the date and time of each purchase of such parts and accessories, the name and address of each person from whom such parts and accessories were purchased, the number of the driver’s license of such person or, if such person does not have a driver’s license, adequate information to properly identify such person, and a detailed description of the parts and accessories purchased from such person, which description shall include all serial and other identifying numbers, if any. Such records shall be retained for not less than 1 year and shall at all times be subject to the inspection of all police or peace officers. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 61-420; s. 1097, ch. 71-136.
860.145 Airbag Antitheft Act.—
(1) SHORT TITLE.—This section may be cited as the “Airbag Antitheft Act.”
(2) DEFINITIONS.—As used in this section, the term “airbag” means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to activate in the event of a crash; and the term “salvaged airbag” means an airbag that has been removed from a motor vehicle.
(3) PURCHASE, SALE, OR INSTALLATION OF SALVAGED AIRBAGS; RECORDS.—Any person engaged in the business of purchasing, selling, or installing salvaged airbags shall maintain a manual or electronic record of the purchase, sale, or installation, which must include the identification number of the salvaged airbag; the vehicle identification number of the vehicle from which the salvaged airbag was removed; the name, address, and driver’s license number or other means of identification of the person from whom the salvaged airbag was purchased; and, in the event that the salvaged airbag is installed, the vehicle identification number of the vehicle into which the airbag is installed. Such record must be maintained for 36 months following the transaction and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this section. Any person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the purchaser or consumer that the airbag is salvaged. Upon request, information within a portion of such record pertaining to a specific transaction must be provided to an insurer or consumer.
(4) PROHIBITION; PENALTIES.—
(a) It is unlawful for any person to knowingly possess, sell, or install a stolen uninstalled airbag; a new or salvaged airbag from which the manufacturer’s part identification number has been removed, altered, or defaced; or an airbag taken from a stolen motor vehicle. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who fails to maintain complete and accurate records, to prepare complete and accurate documents, to provide information within a portion of such record upon request, or to properly disclose that an airbag is salvaged, as required by this act, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 99-170.
860.146 Fake airbags; junk-filled airbag compartment.—
(1) As used in this section, the term:
(a) “Fake airbag” means any item other than an airbag that was designed in accordance with federal safety regulations for a given make, model, and year of motor vehicle as part of a motor vehicle inflatable restraint system.
(b) “Junk-filled airbag compartment” means an airbag compartment that is filled with any substance that does not function in the same manner or to the same extent as an airbag to protect vehicle occupants in a vehicle crash. The term does not include a compartment from which an airbag has deployed if there is no concealment of the deployment.
(2) It is unlawful for anyone to knowingly purchase, sell, or install on any vehicle any fake airbag or junk-filled airbag compartment. Any person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 2001-85.
860.15 Overcharging for repairs and parts; penalty.—
(1) It is unlawful for a person to knowingly charge for any services on motor vehicles which are not actually performed, to knowingly and falsely charge for any parts and accessories for motor vehicles not actually furnished, or to knowingly and fraudulently substitute parts when such substitution has no relation to the repairing or servicing of the motor vehicle.
(2) Any person willfully violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) If the charges referred to in subsection (1) will be paid from the proceeds of a motor vehicle insurance policy, a person willfully violating the provisions of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 63-203; s. 1098, ch. 71-136; s. 7, ch. 2003-148.
860.151 Short title.—This act shall be known as the “Florida Motor Vehicle Theft Prevention Act.”
History.—ss. 1, 9, ch. 92-145.
860.152 Purpose.—The purpose of this act is to prevent, combat, and reduce motor vehicle theft in Florida and to improve and support motor vehicle theft law enforcement, prosecution, and administration of motor vehicle theft laws by establishing statewide planning capabilities for and coordination of financial resources.
History.—ss. 2, 9, ch. 92-145.
860.153 Definitions.—
(1) “Authority” means the Florida Motor Vehicle Theft Prevention Authority established in the Department of Legal Affairs.
(2) “Board” means the Florida Motor Vehicle Theft Prevention Authority Board of Directors established within the authority by this act.
(3) “Motor vehicle” means the same as set forth in s. 320.01(1).
History.—ss. 3, 9, ch. 92-145; s. 17, ch. 2003-179.
860.154 Florida Motor Vehicle Theft Prevention Authority.—
(1) There is established within the Department of Legal Affairs the Florida Motor Vehicle Theft Prevention Authority, which shall exercise its powers, duties, and responsibilities independently of the department. The purposes, powers, and duties of the authority shall be vested in and exercised by a board of directors. There shall be nine members of the board, consisting of the Chief Financial Officer or his or her designee; the executive director of the Department of Highway Safety and Motor Vehicles; the executive director of the Department of Law Enforcement; six additional members, each of whom shall be appointed by the Attorney General: a state attorney or city or county executive, a chief executive law enforcement official, a sheriff, one representative of companies authorized to sell motor vehicle insurance, one representative of insurers authorized to write motor vehicle insurance in this state, and one representative of purchasers of motor vehicle insurance in this state who is not employed by or connected with the business of insurance.
(2) The Attorney General shall designate the chair of the board from the membership annually. All members of the board appointed by the Attorney General shall serve at the discretion of the Attorney General for a term not to exceed 2 years. The initial appointed members of the board shall serve from October 1, 1992, until October 1, 1994, or until their successors are appointed. The board shall meet at least quarterly.
(3) A majority of the members of the board shall constitute a quorum for the transaction of business at a meeting or the exercise of a power or function of the authority, notwithstanding the existence of one or more vacancies on the board.
History.—ss. 4, 9, ch. 92-145; s. 1394, ch. 97-102; s. 1915, ch. 2003-261.
860.155 Compensation of members.—Members of the board shall serve without compensation. All members shall be reimbursed for reasonable expenses incurred in connection with their duties.
History.—ss. 5, 9, ch. 92-145.
860.156 Personnel.—The Attorney General shall appoint an executive director of the authority. The executive director of the authority shall employ, in accordance with the provisions of the Florida Statutes, such administrative, professional, clerical, and other personnel as may be required and may organize such staff as may be appropriate to effectuate the purposes of this act. The budgeting, procurement, and related functions of the authority and the administrative responsibilities for employees of the authority shall be performed by the executive director under the direction of the Attorney General.
History.—ss. 6, 9, ch. 92-145.
860.157 Powers and duties of the authority.—The authority shall have the following powers, duties, and responsibilities:
(1) To apply for, solicit, receive, establish priorities for, allocate, disburse, contract for, and spend funds that are made available to the authority from any source to effectuate the purposes of this act.
(2) To make grants and to provide financial support for federal and state agencies, units of local government, corporations, and neighborhood, community, and business organizations to effectuate the purposes of this act.
(3) To assess the scope of the problem of motor vehicle theft, including particular areas of the state where the problem is greatest, and to conduct impact analysis of state and local criminal justice policies, programs, plans, and methods for combating the problem.
(4) To develop and sponsor the implementation of statewide plans and strategies to combat motor vehicle theft and to improve the administration of the motor vehicle theft laws and provide an effective forum for identification of critical problems associated with motor vehicle theft.
(5) To coordinate the development, adoption, and implementation of plans and strategies relating to interagency or intergovernmental cooperation with respect to motor vehicle theft law enforcement.
(6) To promulgate rules or regulations necessary to ensure that appropriate agencies, units of government, private organizations, and combinations thereof are included in the development and implementation of strategies or plans adopted pursuant to this act and to promulgate rules or regulations as may otherwise be necessary to effectuate the purposes of this act.
(7) To report annually, on or before January 1, to the Governor, Attorney General, Chief Financial Officer, President of the Senate, Speaker of the House of Representatives, Minority Leader of the House of Representatives, Minority Leader of the Senate, and appropriate committee chairs in the House of Representatives and the Senate, and, upon request, to members of the general public on the authority’s activities in the preceding year.
(8) To exercise any other powers that are reasonable, necessary, or convenient to fulfill its responsibilities; to carry out and to effectuate the objectives and purposes of the authority and the provisions of this act; and to comply with requirements of applicable federal or state laws or regulations; however, such powers shall not include the power to subpoena or arrest.
History.—ss. 7, 9, ch. 92-145; s. 1916, ch. 2003-261.
860.158 Florida Motor Vehicle Theft Prevention Authority Expenditures.—Money appropriated to the authority shall be expended as follows:
(1) To pay the authority’s cost to administer the board and the trust fund.
(2) To achieve the purposes and objectives of this act, which may include, but not be limited to, the following:
(a) To provide financial support to law enforcement and correctional agencies, prosecutors, and the judiciary for programs designed to reduce motor vehicle theft and to improve the administration of motor vehicle theft laws.
(b) To provide financial support for federal and state agencies, units of local government, corporations, and neighborhood, community, or business organizations for programs designed to reduce motor vehicle theft and to improve the administration of motor vehicle theft laws.
(c) To provide financial support to conduct programs designed to inform owners of motor vehicles about the financial and social cost of motor vehicle theft and to suggest to those owners methods for preventing motor vehicle theft.
(d) To provide financial support for plans, programs, and projects consistent with the purposes of this act.
History.—ss. 8, 9, ch. 92-145; s. 4, ch. 93-200; s. 73, ch. 94-209; s. 39, ch. 95-267; s. 9, ch. 2001-380; ss. 23, 74, 75, ch. 2002-402; s. 18, ch. 2003-179.
860.16 Aircraft piracy; penalty.—Whoever without lawful authority seizes or exercises control, by force or violence and with wrongful intent, of any aircraft containing a nonconsenting person or persons within this state is guilty of the crime of aircraft piracy, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 72-725.
860.17 Tampering with or interfering with motor vehicles or trailers.—Whoever, without authority, willfully, maliciously, or intentionally tampers with, attempts to tamper with, or otherwise interferes with any motor vehicle or trailer of another which results in the cargo or contents of such motor vehicle or trailer becoming unloaded or damaged, or which results in the mechanical functions of such motor vehicle or trailer becoming inoperative or impaired, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction of any person violating this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 73-181.
860.20 Outboard motors; identification numbers.—
(1)(a) The Department of Highway Safety and Motor Vehicles shall adopt rules specifying the locations and manner in which serial numbers for outboard motors shall be affixed. In adopting such rules, the department shall consider the adequacy of voluntary industry standards, the current state of technology, and the overall purpose of reducing vessel and motor thefts in the state.
(b) Any outboard motor manufactured after October 1, 1985, which is for sale in the state shall comply with the serial number rules promulgated by the department. Any person, firm, or corporation which sells or offers for sale any outboard boat motor manufactured after October 1, 1985, which does not comply with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) It is unlawful for any person to possess any outboard boat motor with the knowledge that the serial number required by subsection (1) has been removed, erased, defaced, or otherwise altered to prevent identification.
(b) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s outboard motor serial number plate or decal used for the purpose of identification of any outboard motor; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer’s outboard motor serial number plate or decal; or to conspire to do any of the foregoing.
(c) Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) If any of the serial numbers required by this section to identify ownership of an outboard motor do not exist or have been removed, erased, defaced, or otherwise altered to prevent identification and its true identity cannot be determined, the outboard motor may be seized as contraband property by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704. Such outboard motor may not be sold or used to propel a vessel on the waters of the state unless the department is directed by written order of a court of competent jurisdiction to issue to the outboard motor a replacement identifying number which shall be affixed to the outboard motor and shall thereafter be used for identification purposes.
History.—s. 3, ch. 83-102; s. 1, ch. 84-129; s. 2, ch. 86-73; s. 476, ch. 94-356; s. 125, ch. 2002-20.