January 22, 2021
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       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.

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