"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

1. (1) Vehicular homicide is:

   1. (a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

   2. (b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

      1. At the time of the accident, the person knew, or should have known, that the accident occurred; and

      2. The person failed to give information and render aid as required by s. 316.062 This paragraph does not require that the person knew that the accident resulted in injury or death.

2. (2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
3. (3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.
4. (4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

History.--s. 16, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 86-296; s. 14, ch. 96-330; s. 9, ch. 98-417; s. 1, ch. 99-153; s. 2, ch. 2001-147.