HOUSE AMENDMENT

    h0113e2-20-01                  Bill No. CS/CS/HB 113, 2nd Eng.

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Crist, Roberts, Feeney, and Bloom offered

12  the following:

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14         Amendment to Senate Amendment (821620) (with title

15  amendment) 

16         On page 1, lines 20-21

17  remove from the amendment:  all of said lines

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19  and insert in lieu thereof:  the person. Possession may also

20  be proven by demonstrating that the defendant had the firearm

21  within immediate physical reach with ready access with the

22  intent to use the firearm during the commission of the

23  offense, if proven beyond a reasonable doubt.

24         (5)  In every case in which a law enforcement agency

25  based a criminal charge on facts demonstrating that the

26  defendant met the criteria in s. 775.087(2)(a)1., 2., or 3. or

27  s. 775.087(3)(a)1., 2., or 3. and in which the defendant did

28  not receive the mandatory penalty, the state attorney must

29  place in the court file a memorandum explaining why the

30  minimum mandatory penalty was not imposed.

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    File original & 9 copies    03/17/99
    hbd0020                     05:59 pm         00113-0060-293277




                                                   HOUSE AMENDMENT

    h0113e2-20-01                  Bill No. CS/CS/HB 113, 2nd Eng.

    Amendment No. 1 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 30 of the amendment

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 5  insert after the semicolon:

 6         requiring the state attorney to place in court

 7         files certain memoranda;

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    File original & 9 copies    03/17/99
    hbd0020                     05:59 pm         00113-0060-293277