Florida Senate - 2014 SB 102
By Senator Diaz de la Portilla
40-00010-14 2014102__
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.; defining the terms “serious
5 bodily injury” and “vulnerable road user”; requiring
6 the driver of a vehicle involved in a crash that
7 results in serious bodily injury to a person to
8 immediately stop the vehicle and remain at the scene
9 of the crash; providing that a person commits a felony
10 of the second degree if he or she fails to stop the
11 vehicle and remain at the scene of the crash;
12 requiring the court to impose a mandatory minimum term
13 of imprisonment under certain circumstances; requiring
14 the revocation of the driver’s driver license;
15 requiring the driver to participate in specified
16 programs; amending s. 322.28, F.S.; requiring the
17 court to revoke for at least 3 years the driver
18 license of a person convicted of leaving the scene of
19 a crash involving injury, serious bodily injury, or
20 death; amending and reenacting s. 322.34(6), F.S.,
21 relating to driving while a driver license is
22 suspended, revoked, canceled, or disqualified, to
23 incorporate the amendment to s. 322.28, F.S., in a
24 reference thereto; amending s. 921.0022, F.S.;
25 revising the offense severity ranking chart;
26 conforming a cross-reference; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. This act may be cited as the “Aaron Cohen Life
32 Protection Act.”
33 Section 2. Section 316.027, Florida Statutes, is amended to
34 read:
35 316.027 Crash involving death or personal injuries.—
36 (1) As used in this section, the term:
37 (a) “Serious bodily injury” means an injury to a person,
38 including the driver, which consists of a physical condition
39 that creates a substantial risk of death, serious personal
40 disfigurement, or protracted loss or impairment of the function
41 of a bodily member or organ.
42 (b) “Vulnerable road user” means:
43 1. A pedestrian, including a person actually engaged in
44 work upon a highway, or in work upon utility facilities along a
45 highway, or engaged in the provision of emergency services
46 within the right-of-way;
47 2. A person operating a bicycle, motorcycle, scooter, or
48 moped lawfully on the roadway;
49 3. A person riding an animal; or
50 4. A person lawfully operating on a public right-of-way,
51 crosswalk, or shoulder of the roadway:
52 a. A farm tractor or similar vehicle designed primarily for
53 farm use;
54 b. A skateboard, roller skates, in-line skates;
55 c. A horse-drawn carriage;
56 d. An electric personal assistive mobility device; or
57 e. A wheelchair.
58 (2)(1)(a) The driver of a any vehicle involved in a crash
59 occurring on public or private property which that results in
60 injury to a of any person other than serious bodily injury shall
61 must immediately stop the vehicle at the scene of the crash, or
62 as close thereto as possible, and shall must remain at the scene
63 of the crash until he or she has fulfilled the requirements of
64 s. 316.062. A Any person who willfully violates this paragraph
65 commits a felony of the third degree, punishable as provided in
66 s. 775.082, s. 775.083, or s. 775.084.
67 (b) The driver of a vehicle involved in a crash occurring
68 on public or private property which results in serious bodily
69 injury to a person shall immediately stop the vehicle at the
70 scene of the crash, or as close thereto as possible, and shall
71 remain at the scene of the crash until he or she has fulfilled
72 the requirements of s. 316.062. A person who willfully violates
73 this paragraph commits a felony of the second degree, punishable
74 as provided in s. 775.082, s. 775.083, or s. 775.084.
75 (c)(b) The driver of a any vehicle involved in a crash
76 occurring on public or private property which that results in
77 the death of a any person shall must immediately stop the
78 vehicle at the scene of the crash, or as close thereto as
79 possible, and shall must remain at the scene of the crash until
80 he or she has fulfilled the requirements of s. 316.062. A person
81 who is arrested for a violation of this paragraph and who has
82 previously been convicted of a violation of this section, s.
83 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
84 322.34, shall be held in custody until brought before the court
85 for admittance to bail in accordance with chapter 903. A Any
86 person who willfully violates this paragraph commits a felony of
87 the first degree, punishable as provided in s. 775.082, s.
88 775.083, or s. 775.084. A Any person who willfully commits such
89 a violation while driving under the influence as set forth in s.
90 316.193(1) shall be sentenced to a mandatory minimum term of
91 imprisonment of 10 2 years.
92 (d)(c) Notwithstanding s. 775.089(1)(a), if the driver of a
93 vehicle violates paragraph (a), or paragraph (b), or paragraph
94 (c), the court shall order the driver to make restitution to the
95 victim for any damage or loss unless the court finds clear and
96 compelling reasons not to order the restitution. Restitution may
97 be monetary or nonmonetary restitution. The court shall make the
98 payment of restitution a condition of probation in accordance
99 with s. 948.03. An order requiring the defendant to make
100 restitution to a victim does not remove or diminish the
101 requirement that the court order payment to the Crimes
102 Compensation Trust Fund under chapter 960. Payment of an award
103 by the Crimes Compensation Trust Fund creates an order of
104 restitution to the Crimes Compensation Trust Fund unless
105 specifically waived in accordance with s. 775.089(1)(b).
106 (e) A driver who violates paragraph (a), paragraph (b), or
107 paragraph (c) shall:
108 1. Serve a mandatory minimum term of imprisonment of:
109 a. Three years if the crash results in injury to a person;
110 b. Seven years if the crash results in serious bodily
111 injury to a person; or
112 c. Ten years if the crash results in the death of a person;
113 2. Have his or her driver license revoked for a minimum
114 period of at least 3 years as provided in s. 322.28(4);
115 3. Participate in a victim’s impact panel session in a
116 judicial circuit if such panel exists; or
117 4. Participate in a driver education course relating to the
118 rights of vulnerable road users relative to vehicles on the
119 roadway.
120 (2) The department shall revoke the driver’s license of the
121 person so convicted.
122 (3) The stops shall Every stop must be made without
123 unnecessarily obstructing traffic more than is necessary, and,
124 if a damaged vehicle is obstructing traffic, the driver of the
125 vehicle shall must make every reasonable effort to move the
126 vehicle or have it moved so as not to obstruct the regular flow
127 of traffic. A Any person who fails to comply with this
128 subsection shall be cited for a nonmoving violation, punishable
129 as provided in chapter 318.
130 (4) In addition to any other civil, criminal, or
131 administrative penalty imposed, a person whose commission of a
132 noncriminal traffic infraction or a any violation of this
133 chapter or s. 1006.66 causes or results in the death of another
134 person may, in addition to any other civil, criminal, or
135 administrative penalty imposed, be required by the court to
136 serve 120 community service hours in a trauma center or hospital
137 that regularly receives victims of vehicle accidents, under the
138 supervision of a registered nurse, an emergency room physician,
139 or an emergency medical technician pursuant to a voluntary
140 community service program operated by the trauma center or
141 hospital.
142 (5) This section does not apply to crashes occurring during
143 a motorsports event, as defined in s. 549.10(1), or at a closed
144 course motorsport facility, as defined in s. 549.09(1).
145 Section 3. Subsection (4) of section 322.28, Florida
146 Statutes, is amended to read:
147 322.28 Period of suspension or revocation.—
148 (4)(a) Upon a conviction for a violation of s.
149 316.193(3)(c)2., involving serious bodily injury, a conviction
150 of manslaughter resulting from the operation of a motor vehicle,
151 or a conviction of vehicular homicide, the court shall revoke
152 the driver license of the person convicted for a minimum period
153 of 3 years. If a conviction under s. 316.193(3)(c)2., involving
154 serious bodily injury, is also a subsequent conviction as
155 described under paragraph (2)(a), the court shall revoke the
156 driver license or driving privilege of the person convicted for
157 the period applicable as provided in paragraph (2)(a) or
158 paragraph (2)(d).
159 (b) Upon a conviction for a violation of s. 316.027(2)(a),
160 s. 316.027(2)(b), or s. 316.027(2)(c) involving injury, serious
161 bodily injury, or death, the court shall revoke the driver
162 license of the person convicted for a minimum period of 3 years.
163 (c)(b) If the period of revocation was not specified by the
164 court at the time of imposing sentence or within 30 days
165 thereafter, the department shall revoke the driver license for
166 the minimum period applicable under paragraph (a) or paragraph
167 (b) or, for a subsequent conviction, for the minimum period
168 applicable under paragraph (2)(a) or paragraph (2)(d).
169 Section 4. For the purpose of incorporating the amendment
170 made by this act to section 322.28, Florida Statutes, in a
171 reference thereto, subsection (6) of section 322.34, Florida
172 Statutes, is reenacted and amended to read:
173 322.34 Driving while license suspended, revoked, canceled,
174 or disqualified.—
175 (6) Any person who operates a motor vehicle:
176 (a) Without having a driver’s license as required under s.
177 322.03; or
178 (b) While his or her driver’s license or driving privilege
179 is canceled, suspended, or revoked pursuant to s. 316.655, s.
180 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
181
182 and who by careless or negligent operation of the motor vehicle
183 causes the death of or serious bodily injury to another human
184 being commits is guilty of a felony of the third degree,
185 punishable as provided in s. 775.082 or s. 775.083.
186 Section 5. Paragraphs (f) and (g) of subsection (3) of
187 section 921.0022, Florida Statutes, are amended to read:
188 921.0022 Criminal Punishment Code; offense severity ranking
189 chart.—
190 (3) OFFENSE SEVERITY RANKING CHART
191 (f) LEVEL 6
192
193 FloridaStatute FelonyDegree Description
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250 (g) LEVEL 7
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377 Section 6. This act shall take effect July 1, 2014.