The 2024 Florida Statutes
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. . . charged Daniel in Count I with vehicular homicide/leaving the scene of the accident, pursuant to section 782.071 . . . Vehicular homicide, as its name implies, requires death of a victim. § 782.071, Fla. Stat. . . .
. . . 574], 2016 [190 So.3d 1055], and 2017 [211 So.3d 995], and 2019. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 . . . Enhanced penalty. § 782.071(1)(b) or § 782.072(2), Fla. Stat. Give if applicable. . . . Give if applicable. § 782.071(2), Fla. Stat. . . . Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE - 782.071 or 782.072 CATEGORY ONE CATEGORY TWO . . .
. . . (Officer/Firefighter/ EMT/Paramedic) Third degree (felony) 782.04(4) 7.6 murder Vehicular homicide 782.071 . . .
. . . fetus , to wit: BABY BOY DUNCAN, by injury to the mother, JENNIFER DUNCAN, contrary to Florida Statute 782.071 . . . Compare § 782.071, Fla. Stat. (2013) (amended 2014), with § 782.071, Fla. Stat. (2014). . . . The 2013 version of the vehicular homicide statute applied on the date of Appellant's crimes. § 782.071 . . . See § 782.071, Fla. Stat. (2013). . . . See § 782.071, Fla. Stat. (2013). . . .
. . . McKnight , the defendant was charged with two counts of first-degree vehicular homicide under section 782.071 . . .
. . . Attempted felony 782.051(2) 6.3 murder Third degree (felony) 782.04(4) 7.6 murder Vehicular homicide 782.071 . . . (Officer/Firefighter/ EMT/Paramedic) Third degree (felony) 782.04(4) 7.6 murder Vehicular homicide 782.071 . . . None Vehicular homicide 782.071 7.9 Vessel homicide 782.072 7.9 (Nonhomicide lessers*) 777.04(1) 5.1 . . . 7.6 and Murder-Reclassified 782.065 7.13 Third Degree Felony 782.04(4) 7.6 Murder Vehicular Homicide 782.071 . . .
. . . . § 782.071(l)(a), Fla. Stat. (2015). . . . elude a law enforcement officer, speeding, and causing serious bodily injury, each element of section 782.071 . . . hás explained that section 316.1935(3)(b)’s "wanton disregard” language is synonymous with section 782.071 . . . See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla. Stat. (2015). . . . Compare § 782.071(l)(a) (vehicular homicide), with § 316,027(2)(c) (leaving the scene of a crash with . . . Compare § 782.071(l)(a), with § 316.027(2)(c). . . . See §§ 316.1935(3)(b), 782.071(l)(a). . . . See § 782.071(l)(b). . . .
. . . Similarly, section 782.071(1), Florida Statutes (2010), provides for vehicular homicide penalties for . . . In sections 316.193 and 782.071, Florida Statutes, the Legislature did not omit a scienter requirement . . . injury before he or she is required to stop would frustrate the very purpose of sections 316.193 and 782.071 . . . Similarly, as sections 316.193(3)(c) and 782.071(1), Florida Statutes, both have knowledge requirements . . . This distinction is further underlined by the . legislative history of section 782.071, Florida Statutes . . .
. . . .” § 782.071, Fla. Stat. (2013). . . .
. . . .” § 782.071, Fla. Stat. (2014). . . .
. . . 960.03(3)(b) in turn defines “[c]rime” as [a] violation of s. 316.193, s. 316.027(1), s. 327.35(1), s. 782.071 . . .
. . . Section 782.071, Florida Statutes (2014), outlines “vehicular homicide” as “the killing of a human being . . .
. . . Section 782.071, Florida Statutes (2014); defines the offense of Vehicular Homicide, while section 782.072 . . . APPENDIX 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 or § 782.072, Fla. Stat. . . . Enhanced penalty. § 782.071 (l)(b) or § 782.072(2), Fla. Stat. Give if applicable. . . . Give if applicable. § 782.071(2), Fla. Stat. Applicable-only to Vehicular Homicide. . . .
. . . reckless manner, to wit: SPEEDING WITHOUT REGARD FOR THE SAFETY OF OTHERS” in violation of section 782.071 . . . vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. § 782.071 . . . was engaged in reckless conduct “likely to cause the death of, or great bodily harm to another.” § 782.071 . . . REGARD FOR SAFETY OF OTHERS, and thereby caused the death of RACHEL MAY COULSON, in violation of s.782.071 . . .
. . . . §§ 782.071 and 316.062; two counts of leaving the scene of an accident which resulted in death in violation . . .
. . . .” § 782.071, Fla. Stat. (2011). . . .
. . . See §§ 322.28(2), 322.283(1), 782.071(l)(a), Fla. Stat. (2004). . . .
. . . .” § 782.071, Fla. Stat. (2010); see also Rubinger v. State, 98 So.3d 659, 662 (Fla. 4th DCA 2012). . . .
. . . Cantlon was charged with vehicular homicide under section 782.071, Florida Statutes (2007). . . .
. . . .” § 782.071, Fla. Stat. (2006); see also D.E. v. State, 904 So.2d 558, 561 (Fla. 5th DCA 2005). . . .
. . . .” § 782.071, Fla. Stat. (2004). . . .
. . . Haag contends that his conviction for vehicular homicide/leaving the scene pursuant to section 782.071 . . . that convictions for vehicular homicide/leaving the scene of an accident involving death under section 782.071 . . . This court stated in Hunt that “[sjection 782.071 subsumes the requirement found in section 316.027 that . . . distinguishable because there the issue was whether two convictions for vehicular homicide under section 782.071 . . . section 316.027 are subsumed within the conviction for vehicular homicide/leaving the scene under section 782.071 . . .
. . . Turning to this case, the jury convicted the defendant of vehicular homicide, under section 782.071, . . .
. . . See §§ 782.071, 782.04. Mr. Merriex moved to dismiss the vehicular homicide charge. . . .
. . . . § 782.071(1), appeals the district court’s denial of his 28 U.S.C. § 2254 petition. . . .
. . . .” § 782.071, Fla. Stat. (2005). . . . . § 782.071(l)(b), Fla. Stat. . . . The state charged Knowles with vehicular homicide under section 782.071(l)(b), Florida Statutes. . . . Barritt, 531 So.2d 338 (Fla.1988), and ultimately instructed the jury on vehicular homicide under section 782.071 . . .
. . . .” § 782.071, Fla. Stat. (2006). . . . by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071 . . .
. . . Appellant was convicted of violating section 782.071(l)(b), Florida Statutes (2008), a vehicular homicide . . .
. . . the influence 316.193(3)(a)(b)(c)l 28.1(a) causing damage to or person or property Vehicular homicide 782.071 . . .
. . . None Vehicular homicide 782.071 7.9 Vessel homicide 782.072 7.9 (Nonhomicide lessers) Attempt 777.04( . . .
. . . This instruction was adopted in 1981 and amended in 1997 and 2008. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 . . . Enhanced penalty. § 782.071(l)(b) or § 782.072(2), Fla. Stat. Give if applicable. . . . Definitions. § 782.071(2), Fla. Stat. Applicable only to Vehicular Homicide. . . . Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE — 782.071 or 782.072 CATEGORY ONE CATEGORY TWO . . .
. . . the “accident resulted in criminal charges filed against [Cisneros] for vehicular homicide (Section 782.071 . . . Cisneros was charged with vehicular homicide, section 782.071, Florida Statutes (2000), some sixteen . . . Analysis The parties stipulated that one School Board Rule defined vehicular homicide, section 782.071 . . . The vehicular homicide statute, section 782.071, involves “the operation of a motor vehicle by another . . .
. . . of section 316.191(2)(a), Florida Statutes (2005), and vehicular homicide, in violation of section 782.071 . . . by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071 . . .
. . . . § 782.071, Fla. Stat. (2005). . . .
. . . unreasonable for the legislature to create a lesser included offense to cover the hiatus between section 782.071 . . .
. . . in dismissing the State’s charges against Xiomara Lebrón for vehicular homicide pursuant to section 782.071 . . . Vehicular homicide, pursuant to section 782.071, Florida Statutes (2004), is the killing of a human being . . . See § 782.071, Fla. Stat. (2003). . . .
. . . 1175], 1995 [665 So.2d 212], and 1998 [723 So.2d 123], and 2006. 7.9 VEHICULAR OR VESSEL HOMICIDE § 782.071 . . . Enhanced penalty. § 782.071(l)(b) or § 782.072(2), Fla. Stat. Give if applicable. . . . Definitions § 782.071(2), Fla. Stat. Applicable only to Vehicular Homicide. . . . Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE — 782.071 or 782.072 CATEGORY ONE CATEGORY TWO . . .
. . . . § 782.071, Fla. Stat (2001). . § 782.07, Fla. Stat. (2001). .§ 784.05(2), Fla. Stat. (2001). . . . .
. . . motion to dismiss the State’s prosecution of a vehicular homicide charge brought pursuant to section 782.071 . . . The elements of vehicular homicide under section 782.071, Florida Statutes (1999), are (1) that the defendant . . . CORTIÑAS, J., concurs. . 782.071 Vehicular homicide. — "Vehicular homicide” is the killing of a human . . . vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. § 782.071 . . .
. . . . § 782.071. . . .
. . . Although this appeal does involve different statutes, section 782.071(2), Florida Statutes (1991) (vehicular . . .
. . . against double jeopardy prohibit multiple convictions of first-degree vehicular homicide under section 782.071 . . . Each of the two counts was charged as a first-degree felony under section 782.071(l)(b), Florida Statutes . . . Section 782.071, Florida Statutes (2001), provides: “Vehicular homicide” is the killing of a human being . . . Moreover, we note that section 782.071 states that “ ‘[v]ehicular homicide’ is the killing of a human . . . Accordingly, multiple first-degree felony convictions under section 782.071(l)(b), based on the number . . .
. . . motion for postconviction relief from his convictions for vehicular homicide, a violation of section 782.071 . . . state amended the information, and appellant was only charged with vehicular homicide under section 782.071 . . . (1), Florida Statutes (1998), and was not charged with a violation of section 782.071(2), which is a . . . judgment of conviction to show that appellant’s conviction for vehicular homicide pursuant to section 782.071 . . .
. . . See § 782.071, Fla. Stat. (2003). . . .
. . . See, e.g., § 782.071, Fla. . . .
. . . . § 782.071, Fla. Stat. (2000); see also W.E.B. v. . . . Section 782.071 has remained substantially unchanged since it first entered Florida law in 1975. . . .
. . . Keller appeals his conviction for vehicular homicide, in violation of section 782.071(2), Florida Statutes . . .
. . . . § 782.071, Florida Statutes (2000). . See Alterra Healthcare Corp. v. . . .
. . . Section 782.071, Florida Statutes (1997), which applies to this case, lists vehicular homicide as a third . . . Section 782.071, Florida Statutes (1997), provides: "Vehicular homicide” is the killing of a human being . . .
. . . . § 782.071, Fla. Stat. (2001). Speed alone will not support a charge of vehicular homicide. . . .
. . . Eckard was found guilty of committing the crime of vehicular homicide, in violation of section 782.071 . . .
. . . entered nolo contendere pleas to three counts of vehicular homicide, third-degree felonies under section 782.071 . . .
. . . Under the facts of this case, the state might have charged Williams with vehicular homicide, section 782.071 . . .
. . . These two counts were violations of section 782.071, Florida Statutes (1997), each a third degree felony . . .
. . . Section 782.071, Florida Statutes (1997), provides, in pertinent part: “Vehicular homicide” is the killing . . . prosecution under section 316.027(1), Florida Statutes (1991), because that section is subsumed by section 782.071 . . . Section 782.071 subsumes the requirement found in section 316.027 that the motorist stop and comply with . . .
. . . belated appeal, Beverly Jean Hammer appeals her conviction for vehicular homicide in violation of section 782.071 . . .
. . . See §§ 782.071(1) & 775.082(3)(d), Fla. Stat. (1997). . . .
. . . Hall was charged by information with vehicular homicide in violation of section 782.071(1), Florida Statutes . . .
. . . by another in a reckless manner likely to cause the death of, or great bodily harm to, another. s. 782.071 . . .
. . . . § 782.071, Fla. Stat. (1997). . . . .
. . . section 316.193 of the Florida Statutes, which defines the offense of DUI manslaughter, and section 782.071 . . . Stat. (1997). .§ 782.071, Fla. Stat. (1997). . Mr. . . .
. . . violation of section 316.193(3)(c)3, Florida Statutes (1995); vehicular homicide in violation of section 782.071 . . .
. . . Wright involved the same statutes at issue here, and held that convictions under both section 782.071 . . . Section 782.071(2) provides: Any person who commits vehicular homicide and willfully fails to stop or . . . Wright held that section 316.027(1) was subsumed within section 782.071(2). See 573 So.2d at 1001. . . . Although this appeal does involve different statutes, section 782.071(2), Florida Statutes (1991)(vehicular . . .
. . . See §§ 782.071(1), 775.082(3)(d), Fla. Stat. (1995). . . .
. . . . § 782.071, Fla. Stat. . § 316.192, Fla. Stat. . U.S. Const., 5th Amend; Art. 1, § 9, Fla. . . .
. . . Kahn was convicted of vehicular homicide, a second-degree felony, pursuant to section 782.071(2), Florida . . . While the State agrees that second-degree vehicular homicide, provided for in section 782.071(2), is . . . nonetheless argues that it is nonsensical to score third-degree vehicular homicide, provided for in section 782.071 . . .
. . . Stat. (1995)) (driving with suspended license and causing death), and also section 782.071, Florida Statutes . . . Appellant cannot be convicted of violating both sections 322.34(3) and 782.071 based on a single death . . .
. . . .” § 782.071(1), Fla.Stat. (1993). See generally McCreary v. State, 371 So.2d 1024 (Fla.1979). . . . Defendant was convicted of vehicular homicide under subsection 782.071(1), Florida Statutes, which is . . . The death of the victim is an element of the crime of vehicular homicide under section 782.071, Florida . . .
. . . Statutes, which imposes a greater showing than that required under the vehicular homicide statute, section 782.071 . . .
. . . Vehicular homicide is defined in section 782.071(1), Florida Statutes (1993), as “the killing of a human . . .
. . . Read without the gloss of McCreary, section 782.071(1), Florida Statutes (1993), seems to define a kind . . . Section 782.071(1), Florida Statutes (1993), provides: “Vehicular homicide” is the killing of a human . . . The McCreary majority rejected the three dissenters’ view that the purpose of section 782.071(1), Florida . . .
. . . . § 782.071(1), Fla.Stat. (1991). . . .
. . . homicide statutes [DUI manslaughter, § 316.193(3)(c)(3), Fla.Stat. (1993), and vehicular homicide, § 782.071 . . .
. . . Indeed, both sections 782.07 and 782.071, Florida Statutes (1993), are manslaughter statutes, either . . .
. . . See § 782.071, Fla.Stat. . See § 322.34(3), Fla.Stat. . . . .
. . . .” § 782.071, Fla.Stat. (1991). . . .
. . . section 316.193, Florida Statutes (1991) (DUI resulting in death), as well as a violation of section 782.071 . . .
. . . Section 782.071, Florida Statutes (1991), makes the killing of a human being by the operation of a motor . . . The court went on to hold: Furthermore, we find that section 782.071 is not unconstitutionally vague . . .
. . . Section 782.071(1) defines "vehicular homicide” as "the killing of a human being by the operation of . . . findings, Knight was charged by information with one count of vehicular homicide in violation of section 782.071 . . . charge was based solely on excessive speed which was insufficient to establish a violation of section 782.071 . . .
. . . greater showing than that required to secure a conviction under the vehicular homicide statute, section 782.071 . . .
. . . after jury trial, of vehicular homicide and leaving the scene of the accident, in violation of section 782.071 . . . Section 782.071(1), Florida Statutes (1989) defines vehicular homicide as the killing of a human being . . .
. . . . §§ 775.082, 782.071(2), Fla.Stat. (1991). . . .
. . . In a prior criminal action the State charged Rodriguez with vehicular homicide, § 782.071, Fla.Stat. . . .
. . . Counts I and II are different degrees of the same offense, see section 782.071, Florida Statutes (1991 . . .
. . . . § 782.071(1), Fla. Stat. (1989). . . .
. . . Chapman was convicted of both DUI manslaughter and vehicular homicide, sections 316.193 and 782.071, . . .
. . . Defendant was convicted of vehicular homicide, a third-degree felony in violation of section 782.071( . . .
. . . Section 782.071 defines vehicular homicide: "Vehicular homicide” is the killing of a human being by the . . .
. . . A second count charged vehicular homicide pursuant to § 782.071, Florida Statutes, 1987, for the same . . .
. . . Rather, he challenges the multiple sentences under section 782.071(2) and section 316.-027(1). . . . the greater offense may also involve additional elements; the necessary analysis is whether section 782.071 . . . Section 782.071(2) elevates the offense of vehicular homicide when the defendant fails to stop or comply . . . Section 782.071(2) thus necessarily and explicitly subsumes section 316.-027(1). . . . And “vehicular homicide” is defined at section 782.071(1) as occurring when the defendant operates a . . .
. . . See § 782.071, Fla.Stat. (1985). . . .
. . . The vehicular homicide statute provides as follows: 782.071 Vehicular homicide.— (1) "Vehicular homicide . . . of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 782.071 . . .
. . . motion for judgment of acquittal, and (2) sentencing appellant to a second-degree felony under Section 782.071 . . . Section 782.071, Florida Statutes, provides: (1) “Vehicular homicide” is the killing of a human being . . . The trial judge instructed the jury on vehicular homicide under Section 782.071(1) as a lesser-included . . . No instruction was given on Section 782.071(2). . . . Appellee argues that enhancement under Section 782.071(2) is comparable to that of Section 775.0845 ( . . .
. . . reckless and illegal “drag race” on a public road may be properly convicted of vehicular homicide [§ 782.071 . . . a felony of the third degree, punishable as provided in s. 775.082, s. 775.-083, or s. 775.084.” § 782.071 . . . vehicle is a cause-in-fact of the death of a human being under Florida’s vehicular homicide statute [§ 782.071 . . .
. . . Eddie Dickens appeals from his conviction for vehicular homicide under section 782.071, Florida Statutes . . .
. . . manslaughter but nonetheless did commit the felony offense of vehicular homicide in violation of Section 782.071 . . . “Vehicular homicide” is defined in section 782.071 as ... the killing of a human being by the operation . . . that the legislature created the offense of vehicular homicide “to cover the hiatus between section 782.071 . . .
. . . Section 782.071(1), Florida Statutes. . Houser v. State, 474 So.2d 1193 (Fla.1985); Hoag v. . . .
. . . deaths, but not by culpable negligence, I would note that Florida’s vehicular homicide statute, section 782.071 . . .