Senate Bill 1254
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1254
By Senator Grant
13-1498-98 See HB 1269
1 A bill to be entitled
2 An act relating to vehicular homicide; amending
3 s. 782.071, F.S.; redefining the offense of
4 "vehicular homicide" to include the killing of
5 an unborn quick child by any injury to the
6 mother which would be vehicular homicide if it
7 resulted in the death of the mother; providing
8 penalties; reenacting ss. 921.0012(3)(h) and
9 960.03(3), F.S., relating to the offense
10 severity ranking chart and the definition of
11 "crime" with respect to the Florida Crimes
12 Compensation Act, respectively, to incorporate
13 said amendment in references; amending s.
14 921.0012, F.S., relating to the offense
15 severity ranking chart, to conform terminology;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 782.071, Florida Statutes, is
21 amended to read:
22 782.071 Vehicular homicide.--"Vehicular homicide" is
23 the killing of a human being, or the killing of an unborn
24 quick child by any injury to the mother of such child which
25 would be vehicular homicide if it resulted in the death of
26 such mother, by the operation of a motor vehicle by another in
27 a reckless manner likely to cause the death of, or great
28 bodily harm to, another. Vehicular homicide is:
29 (1) A felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 (2) A felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if:
3 (a) At the time of the accident, the person knew, or
4 should have known, that the accident occurred; and
5 (b) The person failed to give information and render
6 aid as required by s. 316.062.
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8 This subsection does not require that the person knew that the
9 accident resulted in injury or death.
10 Section 2. Paragraph (g) of subsection (3) of section
11 921.0022, Florida Statutes, is amended, and paragraph (h) of
12 subsection (3) of that section is reenacted, to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16
17 Florida Felony
18 Statute Degree Description
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20
21 (g) LEVEL 7
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
25 bodily injury.
26 409.920(2) 3rd Medicaid provider fraud.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.07(1) 2nd Killing of a human being by the
8 act, procurement, or culpable
9 negligence of another
10 (manslaughter).
11 782.071 3rd Killing of human being or unborn
12 child by the operation of a motor
13 vehicle in a reckless manner
14 (vehicular homicide).
15 782.072 3rd Killing of a human being by the
16 operation of a vessel in a
17 reckless manner (vessel
18 homicide).
19 784.045(1)(a)1. 2nd Aggravated battery; intentionally
20 causing great bodily harm or
21 disfigurement.
22 784.045(1)(a)2. 2nd Aggravated battery; using deadly
23 weapon.
24 784.045(1)(b) 2nd Aggravated battery; perpetrator
25 aware victim pregnant.
26 784.048(4) 3rd Aggravated stalking; violation of
27 injunction or court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04 2nd Handle, fondle, or assault child
14 under 16 years in lewd,
15 lascivious, or indecent manner.
16 806.01(2) 2nd Maliciously damage structure by
17 fire or explosive.
18 810.02(3)(a) 2nd Burglary of occupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(d) 2nd Burglary of occupied conveyance;
23 unarmed; no assault or battery.
24 812.014(2)(a) 1st Property stolen, valued at
25 $100,000 or more; property stolen
26 while causing other property
27 damage; 1st degree grand theft.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(4) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 872.06 2nd Abuse of a dead human body.
21 893.13(1)(c)1. 1st Sell, manufacture, or deliver
22 cocaine (or other s.
23 893.03(1)(a), (1)(b), (1)(d),
24 (2)(a), or (2)(b) drugs) within
25 1,000 feet of a school.
26 893.13(4)(a) 1st Deliver to minor cocaine (or
27 other s. 893.03(1)(a), (1)(b),
28 (1)(d), (2)(a), or (2)(b) drugs).
29 893.135(1)(a)1. 1st Trafficking in cannabis, more
30 than 50 lbs., less than 2,000
31 lbs.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18 (h) LEVEL 8
19 316.193
20 (3)(c)3.a. 2nd DUI manslaughter.
21 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 782.071(2) 2nd Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 2nd Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 806.01(1) 1st Maliciously damage dwelling or
15 structure by fire or explosive,
16 believing person in structure.
17 810.02(2)(a) 1st,PBL Burglary with assault or battery.
18 810.02(2)(b) 1st,PBL Burglary; armed with explosives
19 or dangerous weapon.
20 810.02(2)(c) 1st Burglary of a dwelling or
21 structure causing structural
22 damage or $1,000 or more property
23 damage.
24 812.13(2)(b) 1st Robbery with a weapon.
25 812.135(2) 1st Home-invasion robbery.
26 825.102(2) 2nd Aggravated abuse of an elderly
27 person or disabled adult.
28 825.103(2)(a) 1st Exploiting an elderly person or
29 disabled adult and property is
30 valued at $100,000 or more.
31 827.03(2) 2nd Aggravated child abuse.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 860.121(2)(c) 1st Shooting at or throwing any
2 object in path of railroad
3 vehicle resulting in great bodily
4 harm.
5 860.16 1st Aircraft piracy.
6 893.13(1)(b) 1st Sell or deliver in excess of 10
7 grams of any substance specified
8 in s. 893.03(1)(a) or (b).
9 893.13(2)(b) 1st Purchase in excess of 10 grams of
10 any substance specified in s.
11 893.03(1)(a) or (b).
12 893.13(6)(c) 1st Possess in excess of 10 grams of
13 any substance specified in s.
14 893.03(1)(a) or (b).
15 893.135(1)(a)2. 1st Trafficking in cannabis, more
16 than 2,000 lbs., less than 10,000
17 lbs.
18 893.135
19 (1)(b)1.b. 1st Trafficking in cocaine, more than
20 200 grams, less than 400 grams.
21 893.135
22 (1)(c)1.b. 1st Trafficking in illegal drugs,
23 more than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(d)1.b. 1st Trafficking in phencyclidine,
27 more than 200 grams, less than
28 400 grams.
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 893.135
2 (1)(e)1.b. 1st Trafficking in methaqualone, more
3 than 5 kilograms, less than 25
4 kilograms.
5 893.135
6 (1)(f)1.b. 1st Trafficking in amphetamine, more
7 than 28 grams, less than 200
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 Section 3. For the purpose of incorporating the
20 amendment made by this act to section 782.071, Florida
21 Statutes, in a reference thereto, paragraph (b) of subsection
22 (3) of section 960.03, Florida Statutes, is reenacted to read:
23 960.03 Definitions.--As used in ss. 960.01-960.28,
24 unless the context otherwise requires, the term:
25 (b) A violation of s. 316.193, s. 316.027(1), or s.
26 782.071(2), which results in physical injury or death;
27 however, no other act involving the operation of a motor
28 vehicle, boat, or aircraft which results in injury or death
29 shall constitute a crime for the purpose of this chapter
30 unless the injury or death was intentionally inflicted through
31 the use of such vehicle, boat, or aircraft or unless such
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Florida Senate - 1998 SB 1254
13-1498-98 See HB 1269
1 vehicle, boat, or aircraft is an implement of a crime to which
2 this act applies.
3 Section 4. This act shall take effect October 1, 1998,
4 and shall apply to offenses committed on or after that date.
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6 *****************************************
7 LEGISLATIVE SUMMARY
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Redefines the offense of "vehicular homicide" to include
9 the killing of an unborn quick child by any injury to the
mother which would be vehicular homicide if it resulted
10 in the death of the mother. Provides penalties.
Conforms terminology in the offense severity ranking
11 chart.
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