December 04, 2020
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       CS for SB 290                                    First Engrossed
       
       
       
       
       
       
       
       
       2010290e1
       
    1                        A bill to be entitled                      
    2         An act relating to offenses against unborn children;
    3         providing a short title; amending s. 782.071, F.S.;
    4         defining the term “unborn child” for purposes of
    5         vehicular homicide; revising terminology to refer to
    6         “unborn child” rather than “viable fetus”; providing
    7         legislative intent; amending s. 782.09, F.S.; revising
    8         terminology; amending ss. 316.193, 435.03, 435.04, and
    9         921.0022, F.S.; conforming terminology; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Florida Unborn
   15  Victims of Violence Act.”
   16         Section 2. Section 782.071, Florida Statutes, is amended to
   17  read:
   18         782.071 Vehicular homicide.—“Vehicular homicide” is the
   19  killing of a human being, or the killing of an unborn child a
   20  viable fetus by any injury to the mother, caused by the
   21  operation of a motor vehicle by another in a reckless manner
   22  likely to cause the death of, or great bodily harm to, another.
   23         (1) Vehicular homicide is:
   24         (a) A felony of the second degree, punishable as provided
   25  in s. 775.082, s. 775.083, or s. 775.084.
   26         (b) A felony of the first degree, punishable as provided in
   27  s. 775.082, s. 775.083, or s. 775.084, if:
   28         1. At the time of the accident, the person knew, or should
   29  have known, that the accident occurred; and
   30         2. The person failed to give information and render aid as
   31  required by s. 316.062.
   32  
   33  This paragraph does not require that the person knew that the
   34  accident resulted in injury or death.
   35         (2) For purposes of this section, the term “unborn child”
   36  means a member of the species homo sapiens, at any stage of
   37  development, who is carried in the womb a fetus is viable when
   38  it becomes capable of meaningful life outside the womb through
   39  standard medical measures. This definition does not apply to any
   40  other statute unless the definition is made applicable through a
   41  cross-reference to this section.
   42         (3) A right of action for civil damages shall exist under
   43  s. 768.19, under all circumstances, for all deaths described in
   44  this section. However, this section shall not be construed to
   45  create or expand any civil cause of action for negligence based
   46  on statute or common law.
   47         (4) In addition to any other punishment, the court may
   48  order the person to serve 120 community service hours in a
   49  trauma center or hospital that regularly receives victims of
   50  vehicle accidents, under the supervision of a registered nurse,
   51  an emergency room physician, or an emergency medical technician
   52  pursuant to a voluntary community service program operated by
   53  the trauma center or hospital.
   54         Section 3. Section 782.09, Florida Statutes, is amended to
   55  read:
   56         782.09 Killing of unborn quick child by injury to mother.—
   57         (1) The unlawful killing of an unborn quick child, by any
   58  injury to the mother of such child which would be murder if it
   59  resulted in the death of such mother, shall be deemed murder in
   60  the same degree as that which would have been committed against
   61  the mother. Any person, other than the mother, who unlawfully
   62  kills an unborn quick child by any injury to the mother:
   63         (a) Which would be murder in the first degree constituting
   64  a capital felony if it resulted in the mother’s death commits
   65  murder in the first degree constituting a capital felony,
   66  punishable as provided in s. 775.082.
   67         (b) Which would be murder in the second degree if it
   68  resulted in the mother’s death commits murder in the second
   69  degree, a felony of the first degree, punishable as provided in
   70  s. 775.082, s. 775.083, or s. 775.084.
   71         (c) Which would be murder in the third degree if it
   72  resulted in the mother’s death commits murder in the third
   73  degree, a felony of the second degree, punishable as provided in
   74  s. 775.082, s. 775.083, or s. 775.084.
   75         (2) The unlawful killing of an unborn quick child by any
   76  injury to the mother of such child which would be manslaughter
   77  if it resulted in the death of such mother shall be deemed
   78  manslaughter. A person who unlawfully kills an unborn quick
   79  child by any injury to the mother which would be manslaughter if
   80  it resulted in the mother’s death commits manslaughter, a felony
   81  of the second degree, punishable as provided in s. 775.082, s.
   82  775.083, or s. 775.084.
   83         (3) The death of the mother resulting from the same act or
   84  criminal episode that caused the death of the unborn quick child
   85  does not bar prosecution under this section.
   86         (4) This section does not authorize the prosecution of any
   87  person in connection with a termination of pregnancy pursuant to
   88  chapter 390.
   89         (5) For purposes of this section, the definition of the
   90  term “unborn quick child” means a member of the species homo
   91  sapiens, at any stage of development, who is carried in the womb
   92  shall be determined in accordance with the definition of viable
   93  fetus as set forth in s. 782.071.
   94         Section 4. Subsection (3) of section 316.193, Florida
   95  Statutes, is amended to read:
   96         316.193 Driving under the influence; penalties.—
   97         (3) Any person:
   98         (a) Who is in violation of subsection (1);
   99         (b) Who operates a vehicle; and
  100         (c) Who, by reason of such operation, causes or contributes
  101  to causing:
  102         1. Damage to the property or person of another commits a
  103  misdemeanor of the first degree, punishable as provided in s.
  104  775.082 or s. 775.083.
  105         2. Serious bodily injury to another, as defined in s.
  106  316.1933, commits a felony of the third degree, punishable as
  107  provided in s. 775.082, s. 775.083, or s. 775.084.
  108         3. The death of any human being or unborn quick child
  109  commits DUI manslaughter, and commits:
  110         a. A felony of the second degree, punishable as provided in
  111  s. 775.082, s. 775.083, or s. 775.084.
  112         b. A felony of the first degree, punishable as provided in
  113  s. 775.082, s. 775.083, or s. 775.084, if:
  114         (I) At the time of the crash, the person knew, or should
  115  have known, that the crash occurred; and
  116         (II) The person failed to give information and render aid
  117  as required by s. 316.062.
  118  
  119  For purposes of this subsection, the definition of the term
  120  “unborn quick child” shall be determined in accordance with the
  121  definition of an unborn child viable fetus as set forth in s.
  122  782.071. A person who is convicted of DUI manslaughter shall be
  123  sentenced to a mandatory minimum term of imprisonment of 4
  124  years.
  125         Section 5. Paragraph (g) of subsection (2) of section
  126  435.03, Florida Statutes, is amended to read:
  127         435.03 Level 1 screening standards.—
  128         (2) Any person for whom employment screening is required by
  129  statute must not have been found guilty of, regardless of
  130  adjudication, or entered a plea of nolo contendere or guilty to,
  131  any offense prohibited under any of the following provisions of
  132  the Florida Statutes or under any similar statute of another
  133  jurisdiction:
  134         (g) Section 782.09, relating to killing of an unborn quick
  135  child by injury to the mother.
  136         Section 6. Paragraph (g) of subsection (2) of section
  137  435.04, Florida Statutes, is amended to read:
  138         435.04 Level 2 screening standards.—
  139         (2) The security background investigations under this
  140  section must ensure that no persons subject to the provisions of
  141  this section have been found guilty of, regardless of
  142  adjudication, or entered a plea of nolo contendere or guilty to,
  143  any offense prohibited under any of the following provisions of
  144  the Florida Statutes or under any similar statute of another
  145  jurisdiction:
  146         (g) Section 782.09, relating to killing of an unborn quick
  147  child by injury to the mother.
  148         Section 7. Paragraph (g) of subsection (3) of section
  149  921.0022, Florida Statutes, is amended to read:
  150         921.0022 Criminal Punishment Code; offense severity ranking
  151  chart.—
  152         (3) OFFENSE SEVERITY RANKING CHART
  153         (g) LEVEL 7
  154  FloridaStatute     FelonyDegree               Description               
  155  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
  156  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
  157  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.
  158  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
  159  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  160  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
  161  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
  162  456.065(2)         3rd      Practicing a health care profession without a license.
  163  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
  164  458.327(1)         3rd      Practicing medicine without a license.   
  165  459.013(1)         3rd      Practicing osteopathic medicine without a license.
  166  460.411(1)         3rd      Practicing chiropractic medicine without a license.
  167  461.012(1)         3rd      Practicing podiatric medicine without a license.
  168  462.17             3rd      Practicing naturopathy without a license.
  169  463.015(1)         3rd      Practicing optometry without a license.  
  170  464.016(1)         3rd      Practicing nursing without a license.    
  171  465.015(2)         3rd      Practicing pharmacy without a license.   
  172  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
  173  467.201            3rd      Practicing midwifery without a license.  
  174  468.366            3rd      Delivering respiratory care services without a license.
  175  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
  176  483.901(9)         3rd      Practicing medical physics without a license.
  177  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
  178  484.053            3rd      Dispensing hearing aids without a license.
  179  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.
  180  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.
  181  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  182  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  183  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  184  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
  185  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  186  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  187  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  188  782.071            2nd      Killing of a human being or unborn child viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  189  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  190  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
  191  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
  192  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
  193  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
  194  784.048(7)         3rd      Aggravated stalking; violation of court order.
  195  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
  196  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
  197  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
  198  784.081(1)         1st      Aggravated battery on specified official or employee.
  199  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
  200  784.083(1)         1st      Aggravated battery on code inspector.    
  201  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  202  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
  203  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
  204  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  205  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  206  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  207  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  208  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.
  209  796.03             2nd      Procuring any person under 16 years for prostitution.
  210  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  211  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.
  212  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
  213  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
  214  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
  215  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
  216  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
  217  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.
  218  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  219  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  220  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  221  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  222  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  223  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  224  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  225  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  226  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  227  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  228  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.
  229  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  230  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.
  231  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  232  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  233  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  234  838.015            2nd      Bribery.                                 
  235  838.016            2nd      Unlawful compensation or reward for official behavior.
  236  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  237  838.22             2nd      Bid tampering.                           
  238  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  239  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  240  872.06             2nd      Abuse of a dead human body.              
  241  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  242  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.
  243  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.
  244  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).
  245  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  246  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  247  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  248  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  249  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  250  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  251  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  252  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  253  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  254  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  255  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  256  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  257  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  258  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  259  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  260  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  261  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  262  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  263  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  264  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  265  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  266  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  267  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  268  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  269  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  270         Section 8. This act shall take effect October 1, 2010.

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