CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) L. Miller offered the following:
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13 Amendment (with title amendment)
14 On page 1, line 17,
15 remove from the bill: everything after the enacting clause,
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17 and insert in lieu thereof:
18 Section 1. Section 843.021, Florida Statutes, is
19 created to read:
20 843.021 Unlawful possession of a concealed handcuff
21 key.--
22 (1) As used in this section, the term:
23 (a) "In custody" means any time while a person has
24 been placed by a law enforcement officer in handcuffs,
25 regardless of whether such person is under formal arrest.
26 (b) "Handcuff key" means any key, tool, device,
27 implement, or other thing used, designed, or intended to aid
28 in unlocking or removing handcuffs.
29 (c) "Concealed handcuff key" means any handcuff key
30 carried by a person in a manner that indicates an intent to
31 prevent discovery of the key by a law enforcement officer,
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HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 including, but not limited to, a handcuff key carried:
2 1. In a pocket of a piece of clothing of a person, and
3 unconnected to any key ring;
4 2. On a necklace of a person;
5 3. On the body part of a person or on any item of
6 clothing of such person, when the handcuff key is secured on
7 the body part or item of clothing by use of tape, glue, line,
8 or other material;
9 4. In or within any compartment, seam, fold, or other
10 encasement within any item of clothing, belt, shoe, or jewelry
11 of a person;
12 5. In or within any sock, hose, shoe, belt,
13 undergarment, glove, hat, or similar item of clothing or
14 accessory of a person;
15 6. By a person and disguised as jewelry or other
16 object; or
17 7. In or within any body cavity of a person.
18 (2) Any person who possesses a concealed handcuff key
19 commits a felony of the third degree, punishable as provided
20 in s. 775.082, s. 775.083, or s. 775.084.
21 (3) It is a defense to a charge of violating this
22 section that, immediately upon being placed in custody, the
23 person in custody actually and effectively disclosed to the
24 law enforcement officer that he or she was in possession of a
25 concealed handcuff key.
26 (4)(a) It is a defense to a charge of violating this
27 section that the person in custody and in possession of a
28 concealed handcuff key is:
29 1. A federal, state, or local law enforcement officer,
30 including a reserve or auxiliary officer, a licensed security
31 officer, or a private investigator as defined in s. 493.6101;
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HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 or
2 2. A professional bail bond agent, temporary bail bond
3 agent, runner, or limited surety agent as defined in s.
4 648.25.
5 (b) However, the defense is not available to any
6 officer, investigator, agent, or runner listed in this
7 subsection if the officer, investigator, agent, or runner,
8 immediately upon being placed in custody, fails to actually
9 and effectively disclose possession of the concealed handcuff
10 key.
11 Section 2. Paragraph (d) of subsection (3) of section
12 921.0022, Florida Statutes, is amended to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
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17 Florida Felony
18 Statute Degree Description
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21 (d) LEVEL 4
22 316.1935(3) 2nd Driving at high speed or with
23 wanton disregard for safety while
24 fleeing or attempting to elude
25 law enforcement officer who is in
26 a marked patrol vehicle with
27 siren and lights activated.
28 784.07(2)(b) 3rd Battery of law enforcement
29 officer, firefighter, intake
30 officer, etc.
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HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 784.075 3rd Battery on detention or
2 commitment facility staff.
3 784.08(2)(c) 3rd Battery on a person 65 years of
4 age or older.
5 784.081(3) 3rd Battery on specified official or
6 employee.
7 784.082(3) 3rd Battery by detained person on
8 visitor or other detainee.
9 784.083(3) 3rd Battery on code inspector.
10 787.03(1) 3rd Interference with custody;
11 wrongly takes child from
12 appointed guardian.
13 787.04(2) 3rd Take, entice, or remove child
14 beyond state limits with criminal
15 intent pending custody
16 proceedings.
17 787.04(3) 3rd Carrying child beyond state lines
18 with criminal intent to avoid
19 producing child at custody
20 hearing or delivering to
21 designated person.
22 790.115(1) 3rd Exhibiting firearm or weapon
23 within 1,000 feet of a school.
24 790.115(2)(b) 3rd Possessing electric weapon or
25 device, destructive device, or
26 other weapon on school property.
27 790.115(2)(c) 3rd Possessing firearm on school
28 property.
29 800.04(7)(c) 3rd Lewd or lascivious exhibition;
30 offender less than 18 years.
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HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5)
19 drugs.
20 828.125(1) 2nd Kill, maim, or cause great bodily
21 harm or permanent breeding
22 disability to any registered
23 horse or cattle.
24 837.02(1) 3rd Perjury in official proceedings.
25 837.021(1) 3rd Make contradictory statements in
26 official proceedings.
27 843.021 3rd Possession of a concealed
28 handcuff key by a person in
29 custody.
30 843.025 3rd Deprive law enforcement,
31 correctional, or correctional
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HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 probation officer of means of
2 protection or communication.
3 843.15(1)(a) 3rd Failure to appear while on bail
4 for felony (bond estreature or
5 bond jumping).
6 874.05(1) 3rd Encouraging or recruiting another
7 to join a criminal street gang.
8 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
9 893.03(1)(a), (b), or (d), or
10 (2)(a) or (b) drugs).
11 914.14(2) 3rd Witnesses accepting bribes.
12 914.22(1) 3rd Force, threaten, etc., witness,
13 victim, or informant.
14 914.23(2) 3rd Retaliation against a witness,
15 victim, or informant, no bodily
16 injury.
17 918.12 3rd Tampering with jurors.
18 Section 3. This act shall take effect July 1, 2000.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, lines 2-14,
24 remove from the title of the bill: all of said lines,
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26 and insert in lieu thereof:
27 An act relating to the offense of possessing a
28 concealed handcuff key; creating s. 843.021,
29 F.S.; providing definitions; providing that it
30 is a third degree felony for a person placed in
31 custody to possess a concealed handcuff key;
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File original & 9 copies 04/06/00
hbd0002 08:19 am 00184-0059-090513
HOUSE AMENDMENT
516-203AXA-32 Bill No. SB 184
Amendment No. (for drafter's use only)
1 providing that disclosure of such possession to
2 a law enforcement officer is a defense to the
3 charge of unlawfully possessing a concealed
4 handcuff key; amending s. 921.0022, F.S.,
5 relating to the Criminal Punishment Code;
6 including the offense of possessing a concealed
7 handcuff key on the offense severity ranking
8 chart; providing an effective date.
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hbd0002 08:19 am 00184-0059-090513