Florida Senate - 2014 CS for SB 102
By the Committee on Transportation; and Senators Diaz de la
Portilla, Garcia, and Evers
596-00986-14 2014102c1
1 A bill to be entitled
2 An act relating to drivers leaving the scene of a
3 crash; creating the “Aaron Cohen Life Protection Act”;
4 amending s. 316.027, F.S.; redefining the term
5 “serious bodily injury” and defining the term
6 “vulnerable road user”; requiring the driver of a
7 vehicle involved in a crash that results in serious
8 bodily injury to a person to immediately stop the
9 vehicle and remain at the scene of the crash;
10 providing that a person commits a felony of the second
11 degree if he or she fails to stop the vehicle and
12 remain at the scene of the crash until specified
13 requirements are fulfilled; requiring the court to
14 impose a mandatory minimum term of imprisonment under
15 certain circumstances; requiring the revocation of the
16 driver’s driver license; requiring the driver to
17 participate in specified programs; providing for
18 ranking of an offense committed if the victim of the
19 offense was a vulnerable road user; authorizing the
20 defendant to move to depart from the mandatory minimum
21 term of imprisonment under certain circumstances;
22 providing requirements and procedures for such
23 departure; amending s. 322.0261, F.S.; requiring the
24 Department of Highway Safety and Motor Vehicles to
25 include in the curriculum of a certain driver
26 improvement course instruction addressing the rights
27 of vulnerable road users; amending s. 322.28, F.S.;
28 requiring the court to revoke for at least 3 years the
29 driver license of a person convicted of leaving the
30 scene of a crash involving injury, serious bodily
31 injury, or death; reenacting and amending s.
32 322.34(6), F.S., relating to driving while a driver
33 license is suspended, revoked, canceled, or
34 disqualified, to incorporate the amendment to s.
35 322.28, F.S., in a reference thereto; amending s.
36 921.0022, F.S.; revising the offense severity ranking
37 chart; conforming a cross-reference; providing an
38 effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. This act may be cited as the “Aaron Cohen Life
43 Protection Act.”
44 Section 2. Section 316.027, Florida Statutes, is amended to
45 read:
46 316.027 Crash involving death or personal injuries.—
47 (1) As used in this section, the term:
48 (a) “Serious bodily injury” means an injury to a person,
49 including the driver, which consists of a physical condition
50 that creates a substantial risk of death, serious personal
51 disfigurement, or protracted loss or impairment of the function
52 of a bodily member or organ.
53 (b) “Vulnerable road user” means:
54 1. A pedestrian, including a person actually engaged in
55 work upon a highway, or in work upon utility facilities along a
56 highway, or engaged in the provision of emergency services
57 within the right-of-way;
58 2. A person operating a bicycle, motorcycle, scooter, or
59 moped lawfully on the roadway;
60 3. A person riding an animal; or
61 4. A person lawfully operating on a public right-of-way,
62 crosswalk, or shoulder of the roadway:
63 a. A farm tractor or similar vehicle designed primarily for
64 farm use;
65 b. A skateboard, roller skates, or in-line skates;
66 c. A horse-drawn carriage;
67 d. An electric personal assistive mobility device; or
68 e. A wheelchair.
69 (2)(1)(a) The driver of a any vehicle involved in a crash
70 occurring on public or private property which that results in
71 injury to a of any person other than serious bodily injury shall
72 must immediately stop the vehicle at the scene of the crash, or
73 as close thereto as possible, and shall must remain at the scene
74 of the crash until he or she has fulfilled the requirements of
75 s. 316.062. A Any person who willfully violates this paragraph
76 commits a felony of the third degree, punishable as provided in
77 s. 775.082, s. 775.083, or s. 775.084.
78 (b) The driver of a vehicle involved in a crash occurring
79 on public or private property which results in serious bodily
80 injury to a person shall immediately stop the vehicle at the
81 scene of the crash, or as close thereto as possible, and shall
82 remain at the scene of the crash until he or she has fulfilled
83 the requirements of s. 316.062. A person who willfully violates
84 this paragraph commits a felony of the second degree, punishable
85 as provided in s. 775.082, s. 775.083, or s. 775.084.
86 (c)(b) The driver of a any vehicle involved in a crash
87 occurring on public or private property which that results in
88 the death of a any person shall must immediately stop the
89 vehicle at the scene of the crash, or as close thereto as
90 possible, and shall must remain at the scene of the crash until
91 he or she has fulfilled the requirements of s. 316.062. A person
92 who is arrested for a violation of this paragraph and who has
93 previously been convicted of a violation of this section, s.
94 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
95 322.34, shall be held in custody until brought before the court
96 for admittance to bail in accordance with chapter 903. A Any
97 person who willfully violates this paragraph commits a felony of
98 the first degree, punishable as provided in s. 775.082, s.
99 775.083, or s. 775.084, and shall be sentenced to a mandatory
100 minimum term of imprisonment of 4 years. A Any person who
101 willfully commits such a violation while driving under the
102 influence as set forth in s. 316.193(1) shall be sentenced to a
103 mandatory minimum term of imprisonment of 4 2 years.
104 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
105 vehicle violates paragraph (a), or paragraph (b), or paragraph
106 (c), the court shall order the driver to make restitution to the
107 victim for any damage or loss unless the court finds clear and
108 compelling reasons not to order the restitution. Restitution may
109 be monetary or nonmonetary restitution. The court shall make the
110 payment of restitution a condition of probation in accordance
111 with s. 948.03. An order requiring the defendant to make
112 restitution to a victim does not remove or diminish the
113 requirement that the court order payment to the Crimes
114 Compensation Trust Fund under chapter 960. Payment of an award
115 by the Crimes Compensation Trust Fund creates an order of
116 restitution to the Crimes Compensation Trust Fund unless
117 specifically waived in accordance with s. 775.089(1)(b).
118 (e) A driver who violates paragraph (a), paragraph (b), or
119 paragraph (c) shall:
120 1. Have his or her driver license revoked for at least 3
121 years as provided in s. 322.28(4);
122 2. Participate in a victim’s impact panel session in a
123 judicial circuit if such a panel exists; or
124 3. Participate in a driver education course relating to the
125 rights of vulnerable road users relative to vehicles on the
126 roadway.
127 (f) For purposes of sentencing under chapter 921 and
128 determining incentive gain-time eligibility under chapter 944,
129 an offense listed in this subsection is ranked one level above
130 the ranking specified in s. 921.0022 or s. 921.0023 for the
131 offense committed if the victim of the offense was a vulnerable
132 road user.
133 (g) The defendant may move to depart from the mandatory
134 minimum term of imprisonment prescribed in paragraph (c) unless
135 the violation was committed while the defendant was driving
136 under the influence. The state may object to this departure. The
137 court may grant the motion only if it finds that a factor,
138 consideration, or circumstance clearly demonstrates that
139 imposing a mandatory minimum term of imprisonment would
140 constitute or result in an injustice. The court shall state in
141 open court the basis for granting the motion.
142 (2) The department shall revoke the driver’s license of the
143 person so convicted.
144 (3) The stops shall Every stop must be made without
145 unnecessarily obstructing traffic more than is necessary, and,
146 if a damaged vehicle is obstructing traffic, the driver of the
147 vehicle shall must make every reasonable effort to move the
148 vehicle or have it moved so as not to obstruct the regular flow
149 of traffic. A Any person who fails to comply with this
150 subsection shall be cited for a nonmoving violation, punishable
151 as provided in chapter 318.
152 (4) In addition to any other civil, criminal, or
153 administrative penalty imposed, a person whose commission of a
154 noncriminal traffic infraction or a any violation of this
155 chapter or s. 1006.66 causes or results in the death of another
156 person may, in addition to any other civil, criminal, or
157 administrative penalty imposed, be required by the court to
158 serve 120 community service hours in a trauma center or hospital
159 that regularly receives victims of vehicle accidents, under the
160 supervision of a registered nurse, an emergency room physician,
161 or an emergency medical technician pursuant to a voluntary
162 community service program operated by the trauma center or
163 hospital.
164 (5) This section does not apply to crashes occurring during
165 a motorsports event, as defined in s. 549.10(1), or at a closed
166 course motorsport facility, as defined in s. 549.09(1).
167 Section 3. Subsection (2) of section 322.0261, Florida
168 Statutes, is amended to read:
169 322.0261 Driver improvement course; requirement to maintain
170 driving privileges; failure to complete; department approval of
171 course.—
172 (2) With respect to an operator convicted of, or who
173 pleaded nolo contendere to, a traffic offense giving rise to a
174 crash identified in paragraph (1)(a) or paragraph (1)(b), the
175 department shall require that the operator, in addition to other
176 applicable penalties, attend a department-approved driver
177 improvement course in order to maintain his or her driving
178 privileges. The department shall include in the course
179 curriculum instruction specifically addressing the rights of
180 vulnerable road users as defined in s. 316.027 relative to
181 vehicles on the roadway. If the operator fails to complete the
182 course within 90 days after receiving notice from the
183 department, the operator’s driver driver’s license shall be
184 canceled by the department until the course is successfully
185 completed.
186 Section 4. Subsection (4) of section 322.28, Florida
187 Statutes, is amended to read:
188 322.28 Period of suspension or revocation.—
189 (4)(a) Upon a conviction for a violation of s.
190 316.193(3)(c)2., involving serious bodily injury, a conviction
191 of manslaughter resulting from the operation of a motor vehicle,
192 or a conviction of vehicular homicide, the court shall revoke
193 the driver license of the person convicted for a minimum period
194 of 3 years. If a conviction under s. 316.193(3)(c)2., involving
195 serious bodily injury, is also a subsequent conviction as
196 described under paragraph (2)(a), the court shall revoke the
197 driver license or driving privilege of the person convicted for
198 the period applicable as provided in paragraph (2)(a) or
199 paragraph (2)(d).
200 (b) Upon a conviction for a violation of s. 316.027(2)(a),
201 s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
202 bodily injury, or death, the court shall revoke the driver
203 license of the person convicted for a minimum period of 3 years.
204 (c)(b) If the period of revocation was not specified by the
205 court at the time of imposing sentence or within 30 days
206 thereafter, the department shall revoke the driver license for
207 the minimum period applicable under paragraph (a) or paragraph
208 (b) or, for a subsequent conviction, for the minimum period
209 applicable under paragraph (2)(a) or paragraph (2)(d).
210 Section 5. For the purpose of incorporating the amendment
211 made by this act to section 322.28, Florida Statutes, in a
212 reference thereto, subsection (6) of section 322.34, Florida
213 Statutes, is reenacted and amended to read:
214 322.34 Driving while license suspended, revoked, canceled,
215 or disqualified.—
216 (6) Any person who operates a motor vehicle:
217 (a) Without having a driver’s license as required under s.
218 322.03; or
219 (b) While his or her driver’s license or driving privilege
220 is canceled, suspended, or revoked pursuant to s. 316.655, s.
221 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
222
223 and who by careless or negligent operation of the motor vehicle
224 causes the death of or serious bodily injury to another human
225 being commits is guilty of a felony of the third degree,
226 punishable as provided in s. 775.082 or s. 775.083.
227 Section 6. Paragraphs (e) through (g) of subsection (3) of
228 section 921.0022, Florida Statutes, are amended to read:
229 921.0022 Criminal Punishment Code; offense severity ranking
230 chart.—
231 (3) OFFENSE SEVERITY RANKING CHART
232 (e) LEVEL 5
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235 FloridaStatute FelonyDegree Description
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345 (g) LEVEL 7
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473 Section 7. This act shall take effect July 1, 2014.