Florida Senate - 2010 SB 210
By Senator Dockery
15-00397-10 2010210__
1 A bill to be entitled
2 An act relating to leaving the scene of a crash
3 involving death or personal injuries; amending s.
4 316.027, F.S.; requiring a driver of any vehicle
5 involved in a crash that results in serious bodily
6 injury to any person to immediately stop the vehicle
7 at the scene of the crash; providing that a person
8 commits a felony of the second degree if he or she
9 fails to stop the vehicle at the scene of the crash;
10 providing additional penalties for failing to stop the
11 vehicle at the scene of the crash; amending s. 322.28,
12 F.S.; requiring the court to revoke the driver’s
13 license of a person convicted of leaving the scene of
14 a crash involving injury, serious bodily injury, or
15 death for at least 3 years; amending ss. 318.13,
16 318.14, and 318.18, F.S.; conforming cross-references;
17 reenacting s. 322.34(6), F.S., relating to driving
18 while a driver’s license is suspended, revoked,
19 canceled, or disqualified, to incorporate the
20 amendment to s. 322.28, F.S., in a reference thereto;
21 amending s. 921.0022, F.S.; conforming a cross
22 reference; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 316.027, Florida Statutes, is amended to
27 read:
28 316.027 Crash involving death or personal injuries.—
29 (1)(a) The driver of any vehicle involved in a crash
30 occurring on public or private property which that results in
31 injury of any person must immediately stop the vehicle at the
32 scene of the crash, or as close thereto as possible, and must
33 remain at the scene of the crash until he or she has fulfilled
34 the requirements of s. 316.062. Any person who willfully
35 violates this paragraph commits a felony of the third degree,
36 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37 (b) The driver of any vehicle involved in a crash occurring
38 on public or private property which results in serious bodily
39 injury of any person must immediately stop the vehicle at the
40 scene of the crash, or as close thereto as possible, and must
41 remain at the scene of the crash until he or she has fulfilled
42 the requirements of s. 316.062. Any person who willfully
43 violates this paragraph commits a felony of the second degree,
44 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
45 (c)(b) The driver of any vehicle involved in a crash
46 occurring on public or private property which that results in
47 the death of any person must immediately stop the vehicle at the
48 scene of the crash, or as close thereto as possible, and must
49 remain at the scene of the crash until he or she has fulfilled
50 the requirements of s. 316.062. Any person who willfully
51 violates this paragraph commits a felony of the first degree,
52 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
53 Any person who willfully violates this paragraph while driving
54 under the influence as set forth in s. 316.193(1) shall be
55 sentenced to a mandatory minimum term of imprisonment of 10 2
56 years.
57 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
58 vehicle violates paragraph (a), or paragraph (b), or paragraph
59 (c), the court shall order the driver to make restitution to the
60 victim for any damage or loss unless the court finds clear and
61 compelling reasons not to order the restitution. Restitution may
62 be monetary or nonmonetary restitution. The court shall make the
63 payment of restitution a condition of probation in accordance
64 with s. 948.03. An order requiring the defendant to make
65 restitution to a victim does not remove or diminish the
66 requirement that the court order payment to the Crimes
67 Compensation Trust Fund under chapter 960. Payment of an award
68 by the Crimes Compensation Trust Fund creates an order of
69 restitution to the Crimes Compensation Trust Fund unless
70 specifically waived in accordance with s. 775.089(1)(b).
71 (e) Any driver who violates paragraph (a), paragraph (b),
72 or paragraph (c) is also subject to:
73 1. A mandatory minimum term of imprisonment of:
74 a. Three years if the crash results in injury to any
75 person;
76 b. Seven years if the crash results in serious bodily
77 injury to any person; or
78 c. Ten years if the crash results in the death of any
79 person.
80 2. A mandatory revocation of the driver’s license for a
81 minimum period of not less than 3 years as provided in s.
82 322.28(4).
83 3. Participation in a victim’s impact panel session in a
84 judicial circuit where one exists.
85 (2) The department shall revoke the driver’s license of the
86 person so convicted.
87 (2)(3) Every stop must be made without obstructing traffic
88 more than is necessary, and, if a damaged vehicle is obstructing
89 traffic, the driver of the vehicle must make every reasonable
90 effort to move the vehicle or have it moved so as not to
91 obstruct the regular flow of traffic. Any person who fails to
92 comply with this subsection shall be cited for a nonmoving
93 violation, punishable as provided in chapter 318.
94 (3)(4) A person whose commission of a noncriminal traffic
95 infraction or any violation of this chapter or s. 1006.66 causes
96 or results in the death of another person may, in addition to
97 any other civil, criminal, or administrative penalty imposed, be
98 required by the court to serve 120 community service hours in a
99 trauma center or hospital that regularly receives victims of
100 vehicle accidents, under the supervision of a registered nurse,
101 an emergency room physician, or an emergency medical technician
102 pursuant to a voluntary community service program operated by
103 the trauma center or hospital.
104 (4)(5) This section does not apply to crashes occurring
105 during a motorsports event, as defined in s. 549.10(1), or at a
106 closed-course motorsport facility, as defined in s. 549.09(1).
107 Section 2. Subsection (4) of section 322.28, Florida
108 Statutes, is amended to read:
109 322.28 Period of suspension or revocation.—
110 (4)(a) Upon a conviction for a violation of s.
111 316.193(3)(c)2., involving serious bodily injury, a conviction
112 of manslaughter resulting from the operation of a motor vehicle,
113 or a conviction of vehicular homicide, the court shall revoke
114 the driver’s license of the person convicted for a minimum
115 period of 3 years. If a conviction under s. 316.193(3)(c)2.,
116 involving serious bodily injury, is also a subsequent conviction
117 as described under paragraph (2)(a), the court shall revoke the
118 driver’s license or driving privilege of the person convicted
119 for the period applicable as provided in paragraph (2)(a) or
120 paragraph (2)(e).
121 (b) Upon a conviction for a violation of s. 316.027(1)(a),
122 s. 316.027(1)(b), or s. 316.027(1)(c) involving injury, serious
123 bodily injury, or death, the court shall revoke the driver’s
124 license of the person convicted for a minimum period of 3 years.
125 (c)(b) If the period of revocation was not specified by the
126 court at the time of imposing sentence or within 30 days
127 thereafter, the department shall revoke the driver’s license for
128 the minimum period applicable under paragraph (a) or paragraph
129 (b) or, for a subsequent conviction, for the minimum period
130 applicable under paragraph (2)(a) or paragraph (2)(e).
131 Section 3. Subsection (3) of section 318.13, Florida
132 Statutes, is amended to read:
133 318.13 Definitions.—The following words and phrases, when
134 used in this chapter, shall have the meanings respectively
135 ascribed to them in this section, except where the context
136 otherwise requires:
137 (3) “Infraction” means a noncriminal violation that may
138 require community service hours under s. 316.027(3) s.
139 316.027(4), but is not punishable by incarceration and for which
140 there is no right to a trial by jury or a right to court
141 appointed counsel.
142 Section 4. Subsection (1) of section 318.14, Florida
143 Statutes, is amended to read:
144 318.14 Noncriminal traffic infractions; exception;
145 procedures.—
146 (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
147 person cited for a violation of chapter 316, s. 320.0605, s.
148 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
149 (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
150 a noncriminal infraction and must be cited for such an
151 infraction and cited to appear before an official. If another
152 person dies as a result of the noncriminal infraction, the
153 person cited may be required to perform 120 community service
154 hours under s. 316.027(3) s. 316.027(4), in addition to any
155 other penalties.
156 Section 5. Paragraph (c) of subsection (8) of section
157 318.18, Florida Statutes, is amended to read:
158 318.18 Amount of penalties.—The penalties required for a
159 noncriminal disposition pursuant to s. 318.14 or a criminal
160 offense listed in s. 318.17 are as follows:
161 (8)
162 (c) If the noncriminal infraction has caused or resulted in
163 the death of another, the person who committed the infraction
164 may perform 120 community service hours under s. 316.027(3) s.
165 316.027(4), in addition to any other penalties.
166 Section 6. For the purpose of incorporating the amendment
167 made by this act to section 322.28, Florida Statutes, in a
168 reference thereto, subsection (6) of section 322.34, Florida
169 Statutes, is reenacted to read:
170 322.34 Driving while license suspended, revoked, canceled,
171 or disqualified.—
172 (6) Any person who operates a motor vehicle:
173 (a) Without having a driver’s license as required under s.
174 322.03; or
175 (b) While his or her driver’s license or driving privilege
176 is canceled, suspended, or revoked pursuant to s. 316.655, s.
177 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
178
179 and who by careless or negligent operation of the motor vehicle
180 causes the death of or serious bodily injury to another human
181 being is guilty of a felony of the third degree, punishable as
182 provided in s. 775.082 or s. 775.083.
183 Section 7. Paragraph (g) of subsection (3) of section
184 921.0022, Florida Statutes, is amended to read:
185 921.0022 Criminal Punishment Code; offense severity ranking
186 chart.—
187 (3) OFFENSE SEVERITY RANKING CHART
188 (g) LEVEL 7
189 FloridaStatute FelonyDegree Description
190 316.027(1)(c) (1)(b)1st Accident involving death, failure to stop; leaving scene.
191 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
192 316.1935(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.
193 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
194 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
195 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
196 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
197 456.065(2) 3rd Practicing a health care profession without a license.
198 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
199 458.327(1) 3rd Practicing medicine without a license.
200 459.013(1) 3rd Practicing osteopathic medicine without a license.
201 460.411(1) 3rd Practicing chiropractic medicine without a license.
202 461.012(1) 3rd Practicing podiatric medicine without a license.
203 462.17 3rd Practicing naturopathy without a license.
204 463.015(1) 3rd Practicing optometry without a license.
205 464.016(1) 3rd Practicing nursing without a license.
206 465.015(2) 3rd Practicing pharmacy without a license.
207 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
208 467.201 3rd Practicing midwifery without a license.
209 468.366 3rd Delivering respiratory care services without a license.
210 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
211 483.901(9) 3rd Practicing medical physics without a license.
212 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
213 484.053 3rd Dispensing hearing aids without a license.
214 494.0018(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.
215 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
216 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
217 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
218 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
219 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
220 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
221 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
222 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
223 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
224 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
225 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
226 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
227 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
228 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
229 784.048(7) 3rd Aggravated stalking; violation of court order.
230 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
231 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
232 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
233 784.081(1) 1st Aggravated battery on specified official or employee.
234 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
235 784.083(1) 1st Aggravated battery on code inspector.
236 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
237 790.16(1) 1st Discharge of a machine gun under specified circumstances.
238 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
239 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
240 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
241 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
242 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
243 794.08(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.
244 796.03 2nd Procuring any person under 16 years for prostitution.
245 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
246 800.04(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.
247 806.01(2) 2nd Maliciously damage structure by fire or explosive.
248 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
249 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
250 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
251 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
252 812.014(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.
253 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
254 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
255 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
256 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
257 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
258 812.131(2)(a) 2nd Robbery by sudden snatching.
259 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
260 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
261 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
262 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
263 817.2341(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.
264 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
265 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
266 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
267 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
268 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
269 838.015 2nd Bribery.
270 838.016 2nd Unlawful compensation or reward for official behavior.
271 838.021(3)(a) 2nd Unlawful harm to a public servant.
272 838.22 2nd Bid tampering.
273 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
274 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
275 872.06 2nd Abuse of a dead human body.
276 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
277 893.13(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.
278 893.13(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.
279 893.13(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).
280 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
281 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
282 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
283 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
284 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
285 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
286 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
287 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
288 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
289 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
290 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
291 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
292 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
293 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
294 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
295 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
296 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
297 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
298 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
299 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
300 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
301 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
302 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
303 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
304 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
305
306 Section 8. This act shall take effect July 1, 2010.