Senate Bill 1840c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
By the Committee on Criminal Justice and Senator Lee
307-1810-00
1 A bill to be entitled
2 An act relating to weapons of mass destruction;
3 creating s. 790.166, F.S.; prohibiting the
4 unlawful manufacture, possession, sale,
5 delivery, display, use, or attempted or
6 threatened use of a weapon of mass destruction;
7 prohibiting unlawful conspiring to use such
8 weapon; prohibiting making such weapon readily
9 accessible to others; providing a first degree
10 felony penalty for violation; providing that
11 violation which results in death is a capital
12 felony; prohibiting the unlawful manufacture,
13 possession, sale, delivery, display, use, or
14 attempted or threatened use of a hoax weapon of
15 mass destruction; prohibiting unlawful
16 conspiring to use such weapon; prohibiting
17 making such weapon readily accessible to
18 others; providing a second degree felony
19 penalty for violation; providing definitions
20 for purposes of the act; providing
21 nonapplicability of the act; amending s.
22 921.0022, F.S., relating to the Criminal
23 Punishment Code; providing for ranking the
24 offense of possessing, selling, or using a
25 weapon of mass destruction and the offense of
26 possessing, selling, or using a hoax weapon of
27 mass destruction; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 Section 1. Section 790.166, Florida Statutes, is
2 created to read:
3 790.166 Manufacture, possession, sale, delivery,
4 display, use, or attempted or threatened use of a weapon of
5 mass destruction or hoax weapon of mass destruction
6 prohibited; definitions; penalties.--
7 (1) As used in this section, the term:
8 (a) "Weapon of mass destruction" means:
9 1. Any device or object that is designed or intended
10 to cause death or serious bodily injury through the release,
11 dissemination, or impact of toxic or poisonous chemicals, or
12 their precursors;
13 2. Any device or object involving a disease organism;
14 or
15 3. Any device or object that is designed to release
16 radiation or radioactivity at a level dangerous to human life.
17 (b) "Hoax weapon of mass destruction" means any device
18 or object that by its design, construction, content, or
19 characteristics appears to be or to contain, or is represented
20 to be, constitute, or contain, a weapon of mass destruction as
21 defined in this section, but which is, in fact, an inoperative
22 facsimile, imitation, counterfeit, or representation of a
23 weapon of mass destruction which does not meet the definition
24 of a weapon of mass destruction or which does not actually
25 contain or constitute a weapon, biological agent, toxin,
26 vector, or delivery system prohibited by this section.
27 (c) "Biological agent" means any microorganism, virus,
28 infectious substance, or biological product that may be
29 engineered through biotechnology, or any naturally occurring
30 or bioengineered component of any such microorganism, virus,
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 infectious substance, or biological product, capable of
2 causing:
3 1. Death, disease, or other biological malfunction in
4 a human, an animal, a plant, or other living organism;
5 2. Deterioration of food, water, equipment, supplies,
6 or material of any kind; or
7 3. Deleterious alteration of the environment.
8 (d) "Toxin" means the toxic material of plants,
9 animals, microorganisms, viruses, fungi, or infectious
10 substances, or a recombinant molecule, whatever its origin or
11 method of reproduction, including:
12 1. Any poisonous substance or biological product that
13 may be engineered through biotechnology produced by a living
14 organism; or
15 2. Any poisonous isomer or biological product,
16 homolog, or derivative of such substance.
17 (e) "Delivery system" means:
18 1. Any apparatus, equipment, device, or means of
19 delivery specifically designed to deliver or disseminate a
20 biological agent, toxin, or vector; or
21 2. Any vector.
22 (f) "Vector" means a living organism or molecule,
23 including a recombinant molecule or biological product that
24 may be engineered through biotechnology, capable of carrying a
25 biological agent or toxin to a host.
26 (2) A person who, without lawful authority,
27 manufactures, possesses, sells, delivers, displays, uses,
28 threatens to use, attempts to use, or conspires to use, or who
29 makes readily accessible to others a weapon of mass
30 destruction, including any biological agent, toxin, vector, or
31 delivery system as those terms are defined in this section,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 commits a felony of the first degree, punishable by
2 imprisonment for a term of years not exceeding life or as
3 provided in s. 775.082, s. 775.083, or s. 775.084, and if
4 death results, commits a capital felony, punishable as
5 provided in s. 775.082.
6 (3) Any person who, without lawful authority,
7 manufactures, possesses, sells, delivers, displays, uses,
8 threatens to use, attempts to use, or conspires to use, or who
9 makes readily accessible to others, a hoax weapon of mass
10 destruction with the intent to deceive or otherwise mislead
11 another person into believing that the hoax weapon of mass
12 destruction will cause terror, bodily harm, or property damage
13 commits a felony of the second degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084.
15 (4) This section does not apply to any member or
16 employee of the Armed Forces of the United States, a federal
17 or state governmental agency, or a private entity who is
18 otherwise engaged in lawful activity within the scope of his
19 or her employment, if such person is otherwise duly authorized
20 or licensed to manufacture, possess, sell, deliver, display,
21 or otherwise engage in activity relative to this section and
22 if such person is in compliance with applicable federal and
23 state law.
24 Section 2. Paragraphs (g) and (i) of subsection (3) of
25 section 921.0022, Florida Statutes, are amended to read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 Florida Felony
2 Statute Degree Description
3
4
5 (g) LEVEL 7
6 316.193(3)(c)2. 3rd DUI resulting in serious bodily
7 injury.
8 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
9 bodily injury.
10 402.319(2) 2nd Misrepresentation and negligence
11 or intentional act resulting in
12 great bodily harm, permanent
13 disfiguration, permanent
14 disability, or death.
15 409.920(2) 3rd Medicaid provider fraud.
16 494.0018(2) 1st Conviction of any violation of
17 ss. 494.001-494.0077 in which the
18 total money and property
19 unlawfully obtained exceeded
20 $50,000 and there were five or
21 more victims.
22 782.051(3) 2nd Attempted felony murder of a
23 person by a person other than the
24 perpetrator or the perpetrator of
25 an attempted felony.
26 782.07(1) 2nd Killing of a human being by the
27 act, procurement, or culpable
28 negligence of another
29 (manslaughter).
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.166(3) 2nd Possessing, selling, using, or
4 attempting to use a hoax weapon
5 of mass destruction.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a) 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 825.102(3)(b) 2nd Neglecting an elderly person or
4 disabled adult causing great
5 bodily harm, disability, or
6 disfigurement.
7 825.1025(2) 2nd Lewd or lascivious battery upon
8 an elderly person or disabled
9 adult.
10 825.103(2)(b) 2nd Exploiting an elderly person or
11 disabled adult and property is
12 valued at $20,000 or more, but
13 less than $100,000.
14 827.03(3)(b) 2nd Neglect of a child causing great
15 bodily harm, disability, or
16 disfigurement.
17 827.04(3) 3rd Impregnation of a child under 16
18 years of age by person 21 years
19 of age or older.
20 837.05(2) 3rd Giving false information about
21 alleged capital felony to a law
22 enforcement officer.
23 872.06 2nd Abuse of a dead human body.
24 893.13(1)(c)1. 1st Sell, manufacture, or deliver
25 cocaine (or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), or (2)(b)) within
28 1,000 feet of a child care
29 facility or school.
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 893.13(1)(e) 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b), within
5 1,000 feet of property used for
6 religious services or a specified
7 business site.
8 893.13(4)(a) 1st Deliver to minor cocaine (or
9 other s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b) drugs).
11 893.135(1)(a)1. 1st Trafficking in cannabis, more
12 than 50 lbs., less than 2,000
13 lbs.
14 893.135
15 (1)(b)1.a. 1st Trafficking in cocaine, more than
16 28 grams, less than 200 grams.
17 893.135
18 (1)(c)1.a. 1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135
22 (1)(d)1. 1st Trafficking in phencyclidine,
23 more than 28 grams, less than 200
24 grams.
25 893.135(1)(e)1. 1st Trafficking in methaqualone, more
26 than 200 grams, less than 5
27 kilograms.
28 893.135(1)(f)1. 1st Trafficking in amphetamine, more
29 than 14 grams, less than 28
30 grams.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 893.135
2 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
3 grams or more, less than 14
4 grams.
5 (i) LEVEL 9
6 316.193
7 (3)(c)3.b. 1st DUI manslaughter; failing to
8 render aid or give information.
9 782.04(1) 1st Attempt, conspire, or solicit to
10 commit premeditated murder.
11 782.04(3) 1st,PBL Accomplice to murder in
12 connection with arson, sexual
13 battery, robbery, burglary, and
14 other specified felonies.
15 782.051(1) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony enumerated in
18 s. 782.04(3).
19 782.07(2) 1st Aggravated manslaughter of an
20 elderly person or disabled adult.
21 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
22 reward or as a shield or hostage.
23 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
24 or facilitate commission of any
25 felony.
26 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
27 interfere with performance of any
28 governmental or political
29 function.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
31 827.03(2) 1st Aggravated child abuse.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 847.0145(1) 1st Selling, or otherwise
2 transferring custody or control,
3 of a minor.
4 847.0145(2) 1st Purchasing, or otherwise
5 obtaining custody or control, of
6 a minor.
7 859.01 1st Poisoning food, drink, medicine,
8 or water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
31 Section 3. This act shall take effect July 1, 2000.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1840
307-1810-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1840
3
4 - Deletes the term "destructive devise" from the
definition of a weapon of mass destruction since current
5 law already provides penalties for possession or use of
a destructive device. Other references to destructive
6 device are also deleted.
7 - Deletes provision excluding chemical weapons from weapon
of mass destruction offense to clarify that use or
8 possession of chemical weapons do come within scope of
newly created offense.
9
- Deletes provisions requiring that the weapons of mass
10 destruction offense must be committed "against" any
person in the state or "against" any state property
11 since these elements do not relate well with the
manufacture, possess, sell, deliver, or display
12 elements.
13 - Adds intent element to the hoax weapon of mass
destruction offense to clarify that use of hoax must be
14 with the intent to deceive or otherwise mislead another
person into believing that the hoax weapon will cause
15 terror, bodily harm, or property damage.
16 - Adds the designation "PBL" in the Offense Severity
Ranking Chart for the new created first degree felony
17 which is punishable by life imprisonment.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
13