Florida 2024 Regular Session

Florida House Bill H0597 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to fleeing or attempting to elude a 2
16	16	law enforcement officer; amending s. 316.1935, F.S.; 3
17	17	providing mandatory minimum sentences for violations; 4
18	18	providing for pretrial diversion for first -time 5
19	19	offenders; conforming provisions to changes made by 6
20	20	the act; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
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24	24	Section 1. Subsections (5), (6), and (7) of sectio n 11
25	25	316.1935, Florida Statutes, are renumbered as subsections (7), 12
26	26	(8), and (9), respectively, subsections (3) and (4) of that 13
27	27	section are amended, new subsections (5) and (6) are added to 14
28	28	that section, and subsections (1) and (2) of that section are 15
29	29	republished, to read: 16
30	30	316.1935 Fleeing or attempting to elude a law enforcement 17
31	31	officer; aggravated fleeing or eluding. — 18
32	32	(1) It is unlawful for the operator of any vehicle, having 19
33	33	knowledge that he or she has been ordered to stop such vehicle 20
34	34	by a duly authorized law enforcement officer, willfully to 21
35	35	refuse or fail to stop the vehicle in compliance with such order 22
36	36	or, having stopped in knowing compliance with such order, 23
37	37	willfully to flee in an attempt to elude the officer, and a 24
38	38	person who violates this subse ction commits a felony of the 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	third degree, punishable as provided in s. 775.082, s. 775.083, 26
52	52	or s. 775.084. 27
53	53	(2) Any person who willfully flees or attempts to elude a 28
54	54	law enforcement officer in an authorized law enforcement patrol 29
55	55	vehicle, with agency in signia and other jurisdictional markings 30
56	56	prominently displayed on the vehicle, with siren and lights 31
57	57	activated commits a felony of the third degree, punishable as 32
58	58	provided in s. 775.082, s. 775.083, or s. 775.084. 33
59	59	(3) Any person who willfully flees or at tempts to elude a 34
60	60	law enforcement officer in an authorized law enforcement patrol 35
61	61	vehicle, with agency insignia and other jurisdictional markings 36
62	62	prominently displayed on the vehicle, with siren and lights 37
63	63	activated, and during the course of the fleeing or attempted 38
64	64	eluding: 39
65	65	(a) Drives at high speed, or in any manner which 40
66	66	demonstrates a wanton disregard for the safety of persons or 41
67	67	property, commits a felony of the second degree, punishable as 42
68	68	provided in s. 775.082, s. 775.083, or s. 775.084. 43
69	69	(b) Drives at high speed, or in any manner which 44
70	70	demonstrates a wanton disregard for the safety of persons or 45
71	71	property, and causes serious bodily injury or death to another 46
72	72	person, including any law enforcement officer involved in 47
73	73	pursuing or otherwise attempting to effect a stop of the 48
74	74	person's vehicle, commits a felony of the first degree, 49
75	75	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	Notwithstanding any other provision of law, the court shall 51
89	89	sentence any person convicted of committing the off ense 52
90	90	described in this paragraph to a mandatory minimum sentence of 3 53
91	91	years imprisonment in addition to the mandatory minimum sentence 54
92	92	provided under subsection (5) . Nothing in This paragraph does 55
93	93	not shall prevent a court from imposing a greater sentence of 56
94	94	incarceration as authorized by law. 57
95	95	(4) Any person who, in the course of unlawfully leaving or 58
96	96	attempting to leave the scene of a crash in violation of s. 59
97	97	316.027 or s. 316.061, having knowledge of an order to stop by a 60
98	98	duly authorized law enforcement officer, willfully refuses or 61
99	99	fails to stop in compliance with such an order, or having 62
100	100	stopped in knowing compliance with such order, willfully flees 63
101	101	in an attempt to elude such officer and, as a result of such 64
102	102	fleeing or eluding: 65
103	103	(a) Causes injury to another person or causes damage to 66
104	104	any property belonging to another person, commits aggravated 67
105	105	fleeing or eluding, a felony of the second degree, punishable as 68
106	106	provided in s. 775.082, s. 775.083, or s. 775.084. 69
107	107	(b) Causes serious bodily injury or death to another 70
108	108	person, including any law enforcement officer involved in 71
109	109	pursuing or otherwise attempting to effect a stop of the 72
110	110	person's vehicle, commits aggravated fleeing or eluding with 73
111	111	serious bodily injury or death, a felony of the first degree, 74
112	112	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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126	126	The felony of aggravated fleeing or eluding and the felony of 77
127	127	aggravated fleeing or eluding with serious bodily injury or 78
128	128	death constitute separate offenses for which a person may be 79
129	129	charged, in addition to the offenses under ss. 316.027 and 80
130	130	316.061, relating to unlawfully leaving the scene of a crash, 81
131	131	which the person had been in the course of committing or 82
132	132	attempting to commit when the order to stop was given. 83
133	133	Notwithstanding any other provision o f law, the court shall 84
134	134	sentence any person convicted of committing aggravated fleeing 85
135	135	or eluding with serious bodily injury or death to a mandatory 86
136	136	minimum sentence of 3 years imprisonment in addition to the 87
137	137	mandatory minimum sentence provided under subsec tion (5). 88
138	138	Nothing in This subsection does not shall prevent a court from 89
139	139	imposing a greater sentence of incarceration as authorized by 90
140	140	law. 91
141	141	(5) A person convicted of a violation of subsection (1), 92
142	142	subsection (2), subsection (3), or subsection (4) shall: 93
143	143	(a) For a first offense, be sentenced to a mandatory 94
144	144	minimum sentence of 364 days' imprisonment. 95
145	145	(b) For a second offense, be sentenced to a mandatory 96
146	146	minimum sentence of 5 years' imprisonment. 97
147	147	(c) For a third or subsequent offense, be sentenced to a 98
148	148	mandatory minimum sentence of 8 years' imprisonment. 99
149	149	(6) In lieu of a criminal conviction under this section, a 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	judge has the option for first -time offender to order a pretrial 101
163	163	diversion program under which, at a minimum, any vehicle owned 102
164	164	by the offender shall be impounded for 30 days and the 103
165	165	offender's driver license suspended for 6 months. 104
166	166	Section 2. This act shall take effect October 1, 2024. 105