| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle crashes; amending s. |
| 3 | 316.027, F.S.; requiring the driver of a vehicle involved |
| 4 | in a crash that results in serious bodily injury to stop |
| 5 | and remain at the scene until he or she has fulfilled |
| 6 | specified requirements; providing penalties; directing the |
| 7 | court to order restitution; revising the mandatory minimum |
| 8 | term of imprisonment for a person driving under the |
| 9 | influence who fails to stop and fulfill such requirements |
| 10 | at the scene of a crash that results in the death of any |
| 11 | person; providing certain mandatory penalties for failing |
| 12 | to stop and fulfill such requirements at the scene of a |
| 13 | crash that results in the injury, serious bodily injury, |
| 14 | or death of any person; providing that a person who |
| 15 | commits such violation may be required to participate in a |
| 16 | victim impact panel session; removing a provision |
| 17 | directing the department to revoke the driver's license of |
| 18 | a person convicted of such violation; reenacting s. |
| 19 | 316.062, F.S., relating to duty to give information and |
| 20 | render aid, to incorporate changes made by the act in a |
| 21 | reference thereto; amending s. 322.28, F.S.; providing for |
| 22 | the period of revocation of a driver's license to be |
| 23 | ordered by the court for a violation of the requirements |
| 24 | to stop and remain at the scene of a crash that results in |
| 25 | the injury, serious bodily injury, or death of any person; |
| 26 | directing the Department of Highway Safety and Motor |
| 27 | Vehicles to revoke the driver's license for a specified |
| 28 | period of time if the court does not specify the period of |
| 29 | revocation; reenacting s. 322.34(6)(b), F.S., relating to |
| 30 | driving while a license is suspended, revoked, canceled, |
| 31 | or disqualified, to incorporate changes made by the act in |
| 32 | a reference thereto; amending s. 921.0022, F.S.; revising |
| 33 | the offense severity ranking chart of the Criminal |
| 34 | Punishment Code to provide for the offense of failing to |
| 35 | stop and fulfill specified requirements at the scene of a |
| 36 | crash that results in serious bodily injury; conforming a |
| 37 | cross-reference; providing an effective date. |
| 38 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 41 | Section 1. Section 316.027, Florida Statutes, is amended |
| 42 | to read: |
| 43 | 316.027 Crash involving death or personal injuries.- |
| 44 | (1)(a) The driver of any vehicle involved in a crash |
| 45 | occurring on public or private property that results in injury |
| 46 | of any person must immediately stop the vehicle at the scene of |
| 47 | the crash, or as close thereto as possible, and must remain at |
| 48 | the scene of the crash until he or she has fulfilled the |
| 49 | requirements of s. 316.062. Any person who willfully violates |
| 50 | this paragraph commits a felony of the third degree, punishable |
| 51 | as provided in s. 775.082, s. 775.083, or s. 775.084, with a |
| 52 | mandatory minimum term of imprisonment of 3 years. |
| 53 | (b) The driver of any vehicle involved in a crash |
| 54 | occurring on public or private property that results in serious |
| 55 | bodily injury of any person must immediately stop the vehicle at |
| 56 | the scene of the crash, or as close thereto as possible, and |
| 57 | must remain at the scene of the crash until he or she has |
| 58 | fulfilled the requirements of s. 316.062. Any person who |
| 59 | willfully violates this paragraph commits a felony of the second |
| 60 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 61 | 775.084, with a mandatory minimum term of imprisonment of 7 |
| 62 | years. |
| 63 | (c)(b) The driver of any vehicle involved in a crash |
| 64 | occurring on public or private property that results in the |
| 65 | death of any person must immediately stop the vehicle at the |
| 66 | scene of the crash, or as close thereto as possible, and must |
| 67 | remain at the scene of the crash until he or she has fulfilled |
| 68 | the requirements of s. 316.062. Any person who willfully |
| 69 | violates this paragraph commits a felony of the first degree, |
| 70 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 71 | with a mandatory minimum term of imprisonment of 10 years. Any |
| 72 | person who willfully violates this paragraph while driving under |
| 73 | the influence as set forth in s. 316.193(1) shall be sentenced |
| 74 | to a mandatory minimum term of imprisonment of 12 2 years. |
| 75 | (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of |
| 76 | a vehicle violates paragraph (a), or paragraph (b), or paragraph |
| 77 | (c), the court shall order the driver to make restitution to the |
| 78 | victim for any damage or loss unless the court finds clear and |
| 79 | compelling reasons not to order the restitution. Restitution may |
| 80 | be monetary or nonmonetary restitution. The court shall make the |
| 81 | payment of restitution a condition of probation in accordance |
| 82 | with s. 948.03. An order requiring the defendant to make |
| 83 | restitution to a victim does not remove or diminish the |
| 84 | requirement that the court order payment to the Crimes |
| 85 | Compensation Trust Fund under chapter 960. Payment of an award |
| 86 | by the Crimes Compensation Trust Fund creates an order of |
| 87 | restitution to the Crimes Compensation Trust Fund unless |
| 88 | specifically waived in accordance with s. 775.089(1)(b). |
| 89 | (2) In addition to any other penalty provided for by law, |
| 90 | a driver who violates paragraph (1)(a), paragraph (1)(b), or |
| 91 | paragraph (1)(c) is subject to mandatory license revocation for |
| 92 | a period of not less than 3 years in accordance with s. |
| 93 | 322.28(4)(b) and participation in a victim impact panel session |
| 94 | in those judicial circuits where one exists. The department |
| 95 | shall revoke the driver's license of the person so convicted. |
| 96 | (3) Every stop must be made without obstructing traffic |
| 97 | more than is necessary, and, if a damaged vehicle is obstructing |
| 98 | traffic, the driver of the vehicle must make every reasonable |
| 99 | effort to move the vehicle or have it moved so as not to |
| 100 | obstruct the regular flow of traffic. Any person who fails to |
| 101 | comply with this subsection shall be cited for a nonmoving |
| 102 | violation, punishable as provided in chapter 318. |
| 103 | (4) A person whose commission of a noncriminal traffic |
| 104 | infraction or any violation of this chapter or s. 1006.66 causes |
| 105 | or results in the death of another person may, in addition to |
| 106 | any other civil, criminal, or administrative penalty imposed, be |
| 107 | required by the court to serve 120 community service hours in a |
| 108 | trauma center or hospital that regularly receives victims of |
| 109 | vehicle accidents, under the supervision of a registered nurse, |
| 110 | an emergency room physician, or an emergency medical technician |
| 111 | pursuant to a voluntary community service program operated by |
| 112 | the trauma center or hospital. |
| 113 | (5) This section does not apply to crashes occurring |
| 114 | during a motorsports event, as defined in s. 549.10(1), or at a |
| 115 | closed-course motorsport facility, as defined in s. 549.09(1). |
| 116 | Section 2. For the purpose of incorporating the amendment |
| 117 | made by this act to section 316.027, Florida Statutes, in a |
| 118 | reference thereto, section 316.062, Florida Statutes, is |
| 119 | reenacted to read: |
| 120 | 316.062 Duty to give information and render aid.- |
| 121 | (1) The driver of any vehicle involved in a crash |
| 122 | resulting in injury to or death of any person or damage to any |
| 123 | vehicle or other property which is driven or attended by any |
| 124 | person shall give his or her name, address, and the registration |
| 125 | number of the vehicle he or she is driving, and shall upon |
| 126 | request and if available exhibit his or her license or permit to |
| 127 | drive, to any person injured in such crash or to the driver or |
| 128 | occupant of or person attending any vehicle or other property |
| 129 | damaged in the crash and shall give such information and, upon |
| 130 | request, exhibit such license or permit to any police officer at |
| 131 | the scene of the crash or who is investigating the crash and |
| 132 | shall render to any person injured in the crash reasonable |
| 133 | assistance, including the carrying, or the making of |
| 134 | arrangements for the carrying, of such person to a physician, |
| 135 | surgeon, or hospital for medical or surgical treatment if it is |
| 136 | apparent that treatment is necessary, or if such carrying is |
| 137 | requested by the injured person. |
| 138 | (2) In the event none of the persons specified are in |
| 139 | condition to receive the information to which they otherwise |
| 140 | would be entitled under subsection (1), and no police officer is |
| 141 | present, the driver of any vehicle involved in such crash, after |
| 142 | fulfilling all other requirements of s. 316.027 and subsection |
| 143 | (1), insofar as possible on his or her part to be performed, |
| 144 | shall forthwith report the crash to the nearest office of a duly |
| 145 | authorized police authority and submit thereto the information |
| 146 | specified in subsection (1). |
| 147 | (3) The statutory duty of a person to make a report or |
| 148 | give information to a law enforcement officer making a written |
| 149 | report relating to a crash shall not be construed as extending |
| 150 | to information which would violate the privilege of such person |
| 151 | against self-incrimination. |
| 152 | (4) A violation of this section is a noncriminal traffic |
| 153 | infraction, punishable as a nonmoving violation as provided in |
| 154 | chapter 318. |
| 155 | Section 3. Subsection (4) of section 322.28, Florida |
| 156 | Statutes, is amended to read: |
| 157 | 322.28 Period of suspension or revocation.- |
| 158 | (4)(a) Upon a conviction for a violation of s. |
| 159 | 316.193(3)(c)2., involving serious bodily injury, a conviction |
| 160 | of manslaughter resulting from the operation of a motor vehicle, |
| 161 | or a conviction of vehicular homicide, the court shall revoke |
| 162 | the driver's license of the person convicted for a minimum |
| 163 | period of 3 years. If a conviction under s. 316.193(3)(c)2., |
| 164 | involving serious bodily injury, is also a subsequent conviction |
| 165 | as described under paragraph (2)(a), the court shall revoke the |
| 166 | driver's license or driving privilege of the person convicted |
| 167 | for the period applicable as provided in paragraph (2)(a) or |
| 168 | paragraph (2)(e). |
| 169 | (b) Upon a conviction for a violation of s. 316.027(1)(a), |
| 170 | (b), or (c) involving a crash that results in injury, serious |
| 171 | bodily injury, or death, the court shall revoke the driver's |
| 172 | license of the person convicted for a minimum of 3 years. |
| 173 | (c)(b) If the period of revocation was not specified by |
| 174 | the court at the time of imposing sentence or within 30 days |
| 175 | thereafter, the department shall revoke the driver's license for |
| 176 | the minimum period applicable under paragraph (a) or paragraph |
| 177 | (b) or, for a subsequent conviction, for the minimum period |
| 178 | applicable under paragraph (2)(a) or paragraph (2)(e). |
| 179 | Section 4. For the purpose of incorporating the amendment |
| 180 | made by this act to section 322.28, Florida Statutes, in a |
| 181 | reference thereto, paragraph (b) of subsection (6) of section |
| 182 | 322.34, Florida Statutes, is reenacted to read: |
| 183 | 322.34 Driving while license suspended, revoked, canceled, |
| 184 | or disqualified.- |
| 185 | (6) Any person who operates a motor vehicle: |
| 186 | (b) While his or her driver's license or driving privilege |
| 187 | is canceled, suspended, or revoked pursuant to s. 316.655, s. |
| 188 | 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), |
| 189 |
|
| 190 | and who by careless or negligent operation of the motor vehicle |
| 191 | causes the death of or serious bodily injury to another human |
| 192 | being is guilty of a felony of the third degree, punishable as |
| 193 | provided in s. 775.082 or s. 775.083. |
| 194 | Section 5. Paragraphs (f) and (g) of subsection (3) of |
| 195 | section 921.0022, Florida Statutes, are amended to read: |
| 196 | 921.0022 Criminal Punishment Code; offense severity |
| 197 | ranking chart.- |
| 198 | (3) OFFENSE SEVERITY RANKING CHART |
| 199 | (f) LEVEL 6 |
| 200 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 201 |
|
| | | 316.027(1)(b) | 2nd | Accident involving serious bodily injury, failure to stop; leaving scene. |
|
| 202 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 203 |
|
| | | 499.0051(3) | 2nd | Knowing forgery of pedigree papers. |
|
| 204 |
|
| | | 499.0051(4) | 2nd | Knowing purchase or receipt of prescription drug from unauthorized person. |
|
| 205 |
|
| | | 499.0051(5) | 2nd | Knowing sale or transfer of prescription drug to unauthorized person. |
|
| 206 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 207 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 208 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 209 |
|
| | | 784.041 | 3rd | Felony battery; domestic battery by strangulation. |
|
| 210 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 211 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 212 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 213 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 214 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 215 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 216 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 217 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 218 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 219 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 220 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 221 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 222 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 223 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 224 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 225 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 226 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 227 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 228 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 229 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 230 |
|
| | | 812.014(6) | 2nd | Theft; property stolen $3,000 or more; coordination of others. |
|
| 231 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 232 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 233 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 234 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 235 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 236 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 237 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 238 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 239 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 240 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 241 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 242 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 243 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 244 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 245 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 246 |
|
| | | 847.011 | 3rd | Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. |
|
| 247 |
|
| | | 847.012 | 3rd | Knowingly using a minor in the production of materials harmful to minors. |
|
| 248 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 249 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 250 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 251 |
|
| | |
| 252 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 253 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 254 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 255 |
|
| 256 | (g) LEVEL 7 |
| 257 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 258 |
|
| | 316.027(1)(c)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 259 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 260 |
|
| | | 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. |
|
| 261 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 262 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 263 |
|
| | | 409.920(2)(b)1.a. | 3rd | Medicaid provider fraud; $10,000 or less. |
|
| 264 |
|
| | | 409.920(2)(b)1.b. | 2nd | Medicaid provider fraud; more than $10,000, but less than $50,000. |
|
| 265 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 266 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 267 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 268 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 269 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 270 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 271 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 272 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 273 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 274 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 275 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 276 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 277 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 278 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 279 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 280 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 281 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 282 |
|
| | | 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. |
|
| 283 |
|
| | | 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. |
|
| 284 |
|
| | | 560.125(5)(a) | 3rd | Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 285 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 286 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 287 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 288 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 289 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 290 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 291 |
|
| | | 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 292 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 293 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 294 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 295 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 296 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 297 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 298 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 299 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 300 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 301 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 302 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 303 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 304 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 305 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 306 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 307 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 308 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 309 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 310 |
|
| | | 790.23 | 1st,PBL | Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. |
|
| 311 |
|
| | | 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. |
|
| 312 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 313 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 314 |
|
| | | 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. |
|
| 315 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 316 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 317 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 318 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 319 |
|
| | | 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
|
| 320 |
|
| | | 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. |
|
| 321 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 322 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 323 |
|
| | | 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
|
| 324 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 325 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 326 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 327 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 328 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 329 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 330 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 331 |
|
| | | 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. |
|
| 332 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 333 |
|
| | | 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. |
|
| 334 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 335 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 336 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 337 |
|
| | |
| 338 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 339 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 340 |
|
| | |
| 341 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 342 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 343 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 344 |
|
| | | 874.10 | 1st,PBL | Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. |
|
| 345 |
|
| | | 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. |
|
| 346 |
|
| | | 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. |
|
| 347 |
|
| | | 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). |
|
| 348 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 349 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 350 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 351 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 352 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 353 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 354 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 355 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 356 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 357 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 358 |
|
| | | 893.1351(2) | 2nd | Possession of place for trafficking in or manufacturing of controlled substance. |
|
| 359 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 360 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 361 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 362 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 363 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 364 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 365 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 366 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 367 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 368 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 369 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 370 |
|
| | | 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 371 |
|
| | | 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 372 |
|
| | | 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 373 |
|
| 374 | Section 6. This act shall take effect July 1, 2010. |