CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Crime & Punishment offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 843.021, Florida Statutes, is

18  created to read:

19         843.021  Unlawful possession of a concealed handcuff

20  key.--

21         (1)  As used in this section, the term:

22         (a)  "In custody" means any time while a person has

23  been placed by a law enforcement officer in handcuffs,

24  regardless of whether such person is under formal arrest.

25         (b)  "Handcuff key" means any key, tool, device,

26  implement, or other thing used, designed, or intended to aid

27  in unlocking or removing handcuffs.

28         (c)  "Concealed handcuff key" means any handcuff key

29  carried by a person in a manner that indicates an intent to

30  prevent discovery of the key by a law enforcement officer,

31  including, but not limited to, a handcuff key carried:

                                  1

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    hcp0004                     05:15 pm         00145-cp  -850717




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1         1.  In a pocket of a piece of clothing of a person, and

 2  unconnected to any key ring;

 3         2.  On a necklace of a person;

 4         3.  On the body part of a person or on any item of

 5  clothing of such person, when the handcuff key is secured on

 6  the body part or item of clothing by use of tape, glue, line,

 7  or other material;

 8         4.  In or within any compartment, seam, fold, or other

 9  encasement within any item of clothing, belt, shoe, or jewelry

10  of a person;

11         5.  In or within any sock, hose, shoe, belt,

12  undergarment, glove, hat, or similar item of clothing or

13  accessory of a person;

14         6.  By a person and disguised as jewelry or other

15  object; or

16         7.  In or within any body cavity of a person.

17         (2)  Any person who possesses a concealed handcuff key

18  commits a felony of the third degree, punishable as provided

19  in s. 775.082, s. 775.083, or s. 775.084.

20         (3)  It is a defense to a charge of violating this

21  section that, immediately upon being placed in custody, the

22  person in custody actually and effectively disclosed to the

23  law enforcement officer that he or she was in possession of a

24  concealed handcuff key.

25         (4)(a)  It is a defense to a charge of violating this

26  section that the person in custody and in possession of a

27  concealed handcuff key is:

28         1.  A federal, state, or local law enforcement officer,

29  including a reserve or auxiliary officer, a licensed security

30  officer, or a private investigator as defined in s. 493.6101;

31  or

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1         2.  A professional bail bond agent, temporary bail bond

 2  agent, runner, or limited surety agent as defined in s.

 3  648.25.

 4         (b)  However, the defense is not available to any

 5  officer, investigator, agent, or runner listed in this

 6  subsection if the officer, investigator, agent, or runner,

 7  immediately upon being placed in custody, fails to actually

 8  and effectively disclose possession of the concealed handcuff

 9  key.

10         Section 2.  Paragraph (d) of subsection (3) of section

11  921.0022, Florida Statutes, is amended to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

16  Florida           Felony

17  Statute           Degree             Description

18

19

20                              (d)  LEVEL 4

21  316.1935(3)        2nd      Driving at high speed or with

22                              wanton disregard for safety while

23                              fleeing or attempting to elude

24                              law enforcement officer who is in

25                              a marked patrol vehicle with

26                              siren and lights activated.

27  784.07(2)(b)       3rd      Battery of law enforcement

28                              officer, firefighter, intake

29                              officer, etc.

30  784.075            3rd      Battery on detention or

31                              commitment facility staff.

                                  3

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1  784.08(2)(c)       3rd      Battery on a person 65 years of

 2                              age or older.

 3  784.081(3)         3rd      Battery on specified official or

 4                              employee.

 5  784.082(3)         3rd      Battery by detained person on

 6                              visitor or other detainee.

 7  784.083(3)         3rd      Battery on code inspector.

 8  787.03(1)          3rd      Interference with custody;

 9                              wrongly takes child from

10                              appointed guardian.

11  787.04(2)          3rd      Take, entice, or remove child

12                              beyond state limits with criminal

13                              intent pending custody

14                              proceedings.

15  787.04(3)          3rd      Carrying child beyond state lines

16                              with criminal intent to avoid

17                              producing child at custody

18                              hearing or delivering to

19                              designated person.

20  790.115(1)         3rd      Exhibiting firearm or weapon

21                              within 1,000 feet of a school.

22  790.115(2)(b)      3rd      Possessing electric weapon or

23                              device, destructive device, or

24                              other weapon on school property.

25  790.115(2)(c)      3rd      Possessing firearm on school

26                              property.

27  800.04(7)(c)       3rd      Lewd or lascivious exhibition;

28                              offender less than 18 years.

29  810.02(4)(a)       3rd      Burglary, or attempted burglary,

30                              of an unoccupied structure;

31                              unarmed; no assault or battery.

                                  4

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    hcp0004                     05:15 pm         00145-cp  -850717




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1  810.02(4)(b)       3rd      Burglary, or attempted burglary,

 2                              of an unoccupied conveyance;

 3                              unarmed; no assault or battery.

 4  810.06             3rd      Burglary; possession of tools.

 5  810.08(2)(c)       3rd      Trespass on property, armed with

 6                              firearm or dangerous weapon.

 7  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

 8                              or more but less than $20,000.

 9  812.014

10   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

11                              firearm, motor vehicle,

12                              livestock, etc.

13  817.563(1)         3rd      Sell or deliver substance other

14                              than controlled substance agreed

15                              upon, excluding s. 893.03(5)

16                              drugs.

17  828.125(1)         2nd      Kill, maim, or cause great bodily

18                              harm or permanent breeding

19                              disability to any registered

20                              horse or cattle.

21  837.02(1)          3rd      Perjury in official proceedings.

22  837.021(1)         3rd      Make contradictory statements in

23                              official proceedings.

24  843.021            3rd      Possession of a concealed

25                              handcuff key by a person in

26                              custody.

27  843.025            3rd      Deprive law enforcement,

28                              correctional, or correctional

29                              probation officer of means of

30                              protection or communication.

31

                                  5

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1  843.15(1)(a)       3rd      Failure to appear while on bail

 2                              for felony (bond estreature or

 3                              bond jumping).

 4  874.05(1)          3rd      Encouraging or recruiting another

 5                              to join a criminal street gang.

 6  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

 7                              893.03(1)(a), (b), or (d), or

 8                              (2)(a) or (b) drugs).

 9  914.14(2)          3rd      Witnesses accepting bribes.

10  914.22(1)          3rd      Force, threaten, etc., witness,

11                              victim, or informant.

12  914.23(2)          3rd      Retaliation against a witness,

13                              victim, or informant, no bodily

14                              injury.

15  918.12             3rd      Tampering with jurors.

16         Section 3.  This act shall take effect July 1, 2000.

17

18

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

20  And the title is amended as follows:

21         On page 1, lines 2-7,

22  remove from the title of the bill:  all of said lines,

23

24  and insert in lieu thereof:

25         An act relating to the offense of possessing a

26         concealed handcuff key; creating s. 843.021,

27         F.S.; providing definitions; providing that it

28         is a third degree felony for a person placed in

29         custody to possess a concealed handcuff key;

30         providing that disclosure of such possession to

31         a law enforcement officer is a defense to the

                                  6

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 145

    Amendment No. 01 (for drafter's use only)





 1         charge of unlawfully possessing a concealed

 2         handcuff key; amending s. 921.0022, F.S.,

 3         relating to the Criminal Punishment Code;

 4         including the offense of possessing a concealed

 5         handcuff key on the offense severity ranking

 6         chart; providing an effective date.

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    hcp0004                     05:15 pm         00145-cp  -850717