CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Lee moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Section 790.065, Florida Statutes, is
18 amended to read:
19 790.065 Sale and delivery of firearms.--
20 (1) A licensed importer, licensed manufacturer, or
21 licensed dealer may not sell or deliver from her or his
22 inventory at her or his licensed premises any firearm to
23 another person, other than a licensed importer, licensed
24 manufacturer, licensed dealer, or licensed collector, until
25 she or he has:
26 (a) Obtained a completed form from the potential buyer
27 or transferee, which form shall have been promulgated by the
28 Department of Law Enforcement and provided by the licensed
29 importer, licensed manufacturer, or licensed dealer, which
30 shall include the name, date of birth, gender, race, and
31 social security number or other identification number of such
1
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 potential buyer or transferee and has inspected proper
2 identification including an identification containing a
3 photograph of the potential buyer or transferee.
4 (b) Collected a fee from the potential buyer for
5 processing the criminal history check of the potential buyer.
6 The fee shall be established by the Department of Law
7 Enforcement and may not exceed $8 per transaction. The
8 Department of Law Enforcement may reduce, or suspend
9 collection of, the fee to reflect payment received from the
10 Federal Government applied to the cost of maintaining the
11 criminal history check system established by this section as a
12 means of facilitating or supplementing the National Instant
13 Criminal Background Check System. The Department of Law
14 Enforcement shall, by rule, establish procedures for the fees
15 to be transmitted by the licensee to the Department of Law
16 Enforcement. All such fees shall be deposited into the
17 Department of Law Enforcement Operating Trust Fund, but shall
18 be segregated from all other funds deposited into such trust
19 fund and must be accounted for separately. Such segregated
20 funds must not be used for any purpose other than the
21 operation of the criminal history checks required by this
22 section. The Department of Law Enforcement, each year prior to
23 February 1, shall make a full accounting of all receipts and
24 expenditures of such funds to the President of the Senate, the
25 Speaker of the House of Representatives, the majority and
26 minority leaders of each house of the Legislature, and the
27 chairs of the appropriations committees of each house of the
28 Legislature. In the event that the cumulative amount of funds
29 collected exceeds the cumulative amount of expenditures by
30 more than $2.5 million, excess funds may be used for the
31 purpose of purchasing soft body armor for law enforcement
2
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 officers.
2 (c) Requested, by means of a toll-free telephone call,
3 the Department of Law Enforcement to conduct a check of the
4 information as reported and reflected in the Florida Crime
5 Information Center and National Crime Information Center
6 systems as of the date of the request.
7 (d) Received a unique approval number for that inquiry
8 from the Department of Law Enforcement, and recorded the date
9 and such number on the consent form.
10
11 However, if the person purchasing, or receiving delivery of,
12 the firearm is a holder of a valid concealed weapons or
13 firearms license pursuant to the provisions of s. 790.06 or
14 holds an active certification from the Criminal Justice
15 Standards and Training Commission as a "law enforcement
16 officer," a "correctional officer," or a "correctional
17 probation officer" as defined in s. 943.10(1), (2), (3), (6),
18 (7), (8), or (9), the provisions of this subsection do not
19 apply.
20 (2) Upon receipt of a request for a criminal history
21 record check, the Department of Law Enforcement shall, during
22 the licensee's call or by return call, forthwith:
23 (a) Review criminal history records to determine if
24 the potential buyer or transferee:
25 1. Has been convicted of a felony and is prohibited
26 from receipt or possession of a firearm pursuant to s. 790.23;
27 2. Has been convicted of a misdemeanor crime of
28 domestic violence, and therefore is prohibited from purchasing
29 a firearm; or
30 3. Has had adjudication of guilt withheld or
31 imposition of sentence suspended on any felony or misdemeanor
3
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 crime of domestic violence unless 3 years have elapsed since
2 probation or any other conditions set by the court have been
3 fulfilled or expunction has occurred.
4 (b) Inform the licensee making the inquiry either that
5 records demonstrate that the buyer or transferee is so
6 prohibited and provide the licensee a nonapproval number, or
7 provide the licensee with a unique approval number.
8 (c)1. Review any records available to it to determine
9 whether the potential buyer or transferee has been indicted or
10 has had an information filed against her or him for an offense
11 that is a felony under either state or federal law, or, as
12 mandated by federal law, has had an injunction for protection
13 against domestic violence entered against the potential buyer
14 or transferee under s. 741.30, has had an injunction for
15 protection against repeat violence entered against the
16 potential buyer or transferee under s. 784.046, or has been
17 arrested for a dangerous crime as specified in s.
18 907.041(4)(a) or for any of the following enumerated offenses:
19 a. Criminal anarchy under ss. 876.01 and 876.02.
20 b. Extortion under s. 836.05.
21 c. Explosives violations under s. 552.22(1) and (2).
22 d. Controlled substances violations under chapter 893.
23 e. Resisting an officer with violence under s. 843.01.
24 f. Weapons and firearms violations under this chapter.
25 g. Treason under s. 876.32.
26 h. Assisting self-murder under s. 782.08.
27 i. Sabotage under s. 876.38.
28 j. Stalking or aggravated stalking under s. 784.048.
29
30 If the review indicates any such indictment, information, or
31 arrest, the department shall provide to the licensee a
4
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 conditional nonapproval number.
2 2. Within 24 working hours, the department shall
3 determine the disposition of the indictment, information, or
4 arrest and inform the licensee as to whether the potential
5 buyer is prohibited from receiving or possessing a firearm.
6 For purposes of this paragraph, "working hours" means the
7 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
8 legal holidays.
9 3. The office of the clerk of court, at no charge to
10 the department, shall respond to any department request for
11 data on the disposition of the indictment, information, or
12 arrest as soon as possible, but in no event later than 8
13 working hours.
14 4. The department shall determine as quickly as
15 possible within the allotted time period whether the potential
16 buyer is prohibited from receiving or possessing a firearm.
17 5. If the potential buyer is not so prohibited, or if
18 the department cannot determine the disposition information
19 within the allotted time period, the department shall provide
20 the licensee with a conditional approval number.
21 6. If the buyer is so prohibited, the conditional
22 nonapproval number shall become a nonapproval number.
23 7. The department shall continue its attempts to
24 obtain the disposition information and may retain a record of
25 all approval numbers granted without sufficient disposition
26 information. If the department later obtains disposition
27 information which indicates:
28 a. That the potential buyer is not prohibited from
29 owning a firearm, it shall treat the record of the transaction
30 in accordance with this section; or
31 b. That the potential buyer is prohibited from owning
5
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 a firearm, it shall immediately revoke the conditional
2 approval number and notify local law enforcement.
3 8. During the time that disposition of the indictment,
4 information, or arrest is pending and until the department is
5 notified by the potential buyer that there has been a final
6 disposition of the indictment, information, or arrest, the
7 conditional nonapproval number shall remain in effect.
8 (3) In the event of scheduled computer downtime,
9 electronic failure, or similar emergency beyond the control of
10 the Department of Law Enforcement, the department shall
11 immediately notify the licensee of the reason for, and
12 estimated length of, such delay. After such notification, the
13 department shall forthwith, and in no event later than the end
14 of the next business day of the licensee, either inform the
15 requesting licensee if its records demonstrate that the buyer
16 or transferee is prohibited from receipt or possession of a
17 firearm pursuant to Florida and Federal law or provide the
18 licensee with a unique approval number. Unless notified by the
19 end of said next business day that the buyer or transferee is
20 so prohibited, and without regard to whether she or he has
21 received a unique approval number, the licensee may complete
22 the sale or transfer and shall not be deemed in violation of
23 this section with respect to such sale or transfer.
24 (4)(a) Any records containing any of the information
25 set forth in subsection (1) pertaining to a buyer or
26 transferee who is not found to be prohibited from receipt or
27 transfer of a firearm by reason of Florida and federal law
28 which records are created by the Department of Law Enforcement
29 to conduct the criminal history record check shall be
30 confidential and exempt from the provisions of s. 119.07(1)
31 and may not be disclosed by the Department of Law Enforcement
6
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 or any officer or employee thereof to any person or to another
2 agency. The Department of Law Enforcement shall destroy any
3 such records forthwith after it communicates the approval and
4 nonapproval numbers to the licensee and, in any event, such
5 records shall be destroyed within 48 hours after the day of
6 the response to the licensee's request.
7 (b) Notwithstanding the provisions of this subsection,
8 the Department of Law Enforcement may maintain records of NCIC
9 transactions to the extent required by the Federal Government,
10 and may maintain a log of dates of requests for criminal
11 history records checks, unique approval and nonapproval
12 numbers, license identification numbers, and transaction
13 numbers corresponding to such dates for a period of not longer
14 than 2 years or as otherwise required by law.
15 (c) Nothing in this chapter shall be construed to
16 allow the State of Florida to maintain records containing the
17 names of purchasers or transferees who receive unique approval
18 numbers or to maintain records of firearm transactions.
19 (d) Any officer or employee, or former officer or
20 employee of the Department of Law Enforcement or law
21 enforcement agency who intentionally and maliciously violates
22 the provisions of this subsection commits a felony of the
23 third degree punishable as provided in s. 775.082 or s.
24 775.083.
25 (5) The Department of Law Enforcement shall establish
26 a toll-free telephone number which shall be operational 7 days
27 a week with the exception of Christmas Day and New Year's Day,
28 for a period of 12 hours a day beginning at 9 a.m. and ending
29 at 9 p.m., for purposes of responding to inquiries as
30 described in this section from licensed manufacturers,
31 licensed importers, and licensed dealers. The Department of
7
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 Law Enforcement shall employ and train such personnel as are
2 necessary expeditiously to administer the provisions of this
3 section.
4 (6) Any person who is denied the right to receive or
5 purchase a firearm as a result of the procedures established
6 by this section may request a criminal history records review
7 and correction in accordance with the rules promulgated by the
8 Department of Law Enforcement.
9 (7) It shall be unlawful for any licensed dealer,
10 licensed manufacturer, or licensed importer willfully and
11 intentionally to request criminal history record information
12 under false pretenses, or willfully and intentionally to
13 disseminate criminal history record information to any person
14 other than the subject of such information. Any person
15 convicted of a violation of this subsection commits a felony
16 of the third degree punishable as provided in s. 775.082 or s.
17 775.083.
18 (8) The Department of Law Enforcement shall promulgate
19 regulations to ensure the identity, confidentiality, and
20 security of all records and data provided pursuant to this
21 section.
22 (9) This section shall become effective at such time
23 as the Department of Law Enforcement has notified all licensed
24 importers, licensed manufacturers, and licensed dealers in
25 writing that the procedures and toll-free number described in
26 this section are operational. This section shall remain in
27 effect only during such times as the procedures described in
28 subsection (2) remain operational.
29 (10) A licensed importer, licensed manufacturer, or
30 licensed dealer is not required to comply with the
31 requirements of this section in the event of:
8
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 (a) Unavailability of telephone service at the
2 licensed premises due to the failure of the entity which
3 provides telephone service in the state, region, or other
4 geographical area in which the licensee is located to provide
5 telephone service to the premises of the licensee due to the
6 location of said premises; or the interruption of telephone
7 service by reason of hurricane, tornado, flood, natural
8 disaster, or other act of God, war, invasion, insurrection,
9 riot, or other bona fide emergency, or other reason beyond the
10 control of the licensee; or
11 (b) Failure of the Department of Law Enforcement to
12 comply with the requirements of subsections (2) and (3).
13 (11) Compliance with the provisions of this chapter
14 shall be a complete defense to any claim or cause of action
15 under the laws of any state for liability for damages arising
16 from the importation or manufacture, or the subsequent sale or
17 transfer to any person who has been convicted in any court of
18 a crime punishable by imprisonment for a term exceeding 1
19 year, of any firearm which has been shipped or transported in
20 interstate or foreign commerce. The Department of Law
21 Enforcement, its agents and employees shall not be liable for
22 any claim or cause of action under the laws of any state for
23 liability for damages arising from its actions in lawful
24 compliance with this section.
25 (12)(a) Any potential buyer or transferee who
26 willfully and knowingly provides false information or false or
27 fraudulent identification commits a felony of the third degree
28 punishable as provided in s. 775.082 or s. 775.083.
29 (b) Any licensed importer, licensed manufacturer, or
30 licensed dealer who violates the provisions of subsection (1)
31 commits a felony of the third degree punishable as provided in
9
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 s. 775.082 or s. 775.083.
2 (c) Any employee or agency of a licensed importer,
3 licensed manufacturer, or licensed dealer who violates the
4 provisions of subsection (1) commits a felony of the third
5 degree punishable as provided in s. 775.082 or s. 775.083.
6 (d) Any person who knowingly acquires a firearm
7 through purchase or transfer intended for the use of a person
8 who is prohibited by state or federal law from possessing or
9 receiving a firearm commits a felony of the third degree,
10 punishable as provided in s. 775.082 or s. 775.083.
11 (13) This section does not apply to employees of
12 sheriff's offices, municipal police departments, correctional
13 facilities or agencies, or other criminal justice or
14 governmental agencies when the purchases or transfers are made
15 on behalf of an employing agency for official law enforcement
16 purposes.
17 (14) This section is repealed effective June 1, 2002
18 2000.
19 Section 2. Section 790.166, Florida Statutes, is
20 created to read:
21 790.166 Manufacture, possession, sale, delivery,
22 display, use, or attempted or threatened use of a weapon of
23 mass destruction or hoax weapon of mass destruction
24 prohibited; definitions; penalties.--
25 (1) As used in this section, the term:
26 (a) "Weapon of mass destruction" means:
27 1. Any device or object that is designed or intended
28 to cause death or serious bodily injury through the release,
29 dissemination, or impact of toxic or poisonous chemicals, or
30 their precursors;
31 2. Any device or object involving a disease organism;
10
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 or
2 3. Any device or object that is designed to release
3 radiation or radioactivity at a level dangerous to human life.
4 (b) "Hoax weapon of mass destruction" means any device
5 or object that by its design, construction, content, or
6 characteristics appears to be or to contain, or is represented
7 to be, constitute, or contain, a weapon of mass destruction as
8 defined in this section, but which is, in fact, an inoperative
9 facsimile, imitation, counterfeit, or representation of a
10 weapon of mass destruction which does not meet the definition
11 of a weapon of mass destruction or which does not actually
12 contain or constitute a weapon, biological agent, toxin,
13 vector, or delivery system prohibited by this section.
14 (c) "Biological agent" means any microorganism, virus,
15 infectious substance, or biological product that may be
16 engineered through biotechnology, or any naturally occurring
17 or bioengineered component of any such microorganism, virus,
18 infectious substance, or biological product, capable of
19 causing:
20 1. Death, disease, or other biological malfunction in
21 a human, an animal, a plant, or other living organism;
22 2. Deterioration of food, water, equipment, supplies,
23 or material of any kind; or
24 3. Deleterious alteration of the environment.
25 (d) "Toxin" means the toxic material of plants,
26 animals, microorganisms, viruses, fungi, or infectious
27 substances, or a recombinant molecule, whatever its origin or
28 method of reproduction, including:
29 1. Any poisonous substance or biological product that
30 may be engineered through biotechnology produced by a living
31 organism; or
11
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 2. Any poisonous isomer or biological product,
2 homolog, or derivative of such substance.
3 (e) "Delivery system" means:
4 1. Any apparatus, equipment, device, or means of
5 delivery specifically designed to deliver or disseminate a
6 biological agent, toxin, or vector; or
7 2. Any vector.
8 (f) "Vector" means a living organism or molecule,
9 including a recombinant molecule or biological product that
10 may be engineered through biotechnology, capable of carrying a
11 biological agent or toxin to a host.
12 (2) A person who, without lawful authority,
13 manufactures, possesses, sells, delivers, displays, uses,
14 threatens to use, attempts to use, or conspires to use, or who
15 makes readily accessible to others a weapon of mass
16 destruction, including any biological agent, toxin, vector, or
17 delivery system as those terms are defined in this section,
18 commits a felony of the first degree, punishable by
19 imprisonment for a term of years not exceeding life or as
20 provided in s. 775.082, s. 775.083, or s. 775.084, and if
21 death results, commits a capital felony, punishable as
22 provided in s. 775.082.
23 (3) Any person who, without lawful authority,
24 manufactures, possesses, sells, delivers, displays, uses,
25 threatens to use, attempts to use, or conspires to use, or who
26 makes readily accessible to others, a hoax weapon of mass
27 destruction with the intent to deceive or otherwise mislead
28 another person into believing that the hoax weapon of mass
29 destruction will cause terror, bodily harm, or property damage
30 commits a felony of the second degree, punishable as provided
31 in s. 775.082, s. 775.083, or s. 775.084.
12
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 (4) This section does not apply to any member or
2 employee of the Armed Forces of the United States, a federal
3 or state governmental agency, or a private entity who is
4 otherwise engaged in lawful activity within the scope of his
5 or her employment, if such person is otherwise duly authorized
6 or licensed to manufacture, possess, sell, deliver, display,
7 or otherwise engage in activity relative to this section and
8 if such person is in compliance with applicable federal and
9 state law.
10 Section 3. Paragraphs (g) and (i) of subsection (3) of
11 section 921.0022, Florida Statutes, are 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 (g) LEVEL 7
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
24 bodily injury.
25 402.319(2) 2nd Misrepresentation and negligence
26 or intentional act resulting in
27 great bodily harm, permanent
28 disfiguration, permanent
29 disability, or death.
30 409.920(2) 3rd Medicaid provider fraud.
31
13
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 782.051(3) 2nd Attempted felony murder of a
8 person by a person other than the
9 perpetrator or the perpetrator of
10 an attempted felony.
11 782.07(1) 2nd Killing of a human being by the
12 act, procurement, or culpable
13 negligence of another
14 (manslaughter).
15 782.071 2nd Killing of human being or viable
16 fetus by the operation of a motor
17 vehicle in a reckless manner
18 (vehicular homicide).
19 782.072 2nd Killing of a human being by the
20 operation of a vessel in a
21 reckless manner (vessel
22 homicide).
23 784.045(1)(a)1. 2nd Aggravated battery; intentionally
24 causing great bodily harm or
25 disfigurement.
26 784.045(1)(a)2. 2nd Aggravated battery; using deadly
27 weapon.
28 784.045(1)(b) 2nd Aggravated battery; perpetrator
29 aware victim pregnant.
30 784.048(4) 3rd Aggravated stalking; violation of
31 injunction or court order.
14
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
31
15
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; property stolen
9 while causing other property
10 damage; 1st degree grand theft.
11 812.019(2) 1st Stolen property; initiates,
12 organizes, plans, etc., the theft
13 of property and traffics in
14 stolen property.
15 812.131(2)(a) 2nd Robbery by sudden snatching.
16 812.133(2)(b) 1st Carjacking; no firearm, deadly
17 weapon, or other weapon.
18 825.102(3)(b) 2nd Neglecting an elderly person or
19 disabled adult causing great
20 bodily harm, disability, or
21 disfigurement.
22 825.1025(2) 2nd Lewd or lascivious battery upon
23 an elderly person or disabled
24 adult.
25 825.103(2)(b) 2nd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $20,000 or more, but
28 less than $100,000.
29 827.03(3)(b) 2nd Neglect of a child causing great
30 bodily harm, disability, or
31 disfigurement.
16
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), or (2)(b)) within
12 1,000 feet of a child care
13 facility or school.
14 893.13(1)(e) 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), or (2)(b), within
18 1,000 feet of property used for
19 religious services or a specified
20 business site.
21 893.13(4)(a) 1st Deliver to minor cocaine (or
22 other s. 893.03(1)(a), (1)(b),
23 (1)(d), (2)(a), or (2)(b) drugs).
24 893.135(1)(a)1. 1st Trafficking in cannabis, more
25 than 50 lbs., less than 2,000
26 lbs.
27 893.135
28 (1)(b)1.a. 1st Trafficking in cocaine, more than
29 28 grams, less than 200 grams.
30 893.135
31 (1)(c)1.a. 1st Trafficking in illegal drugs,
17
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 more than 4 grams, less than 14
2 grams.
3 893.135
4 (1)(d)1. 1st Trafficking in phencyclidine,
5 more than 28 grams, less than 200
6 grams.
7 893.135(1)(e)1. 1st Trafficking in methaqualone, more
8 than 200 grams, less than 5
9 kilograms.
10 893.135(1)(f)1. 1st Trafficking in amphetamine, more
11 than 14 grams, less than 28
12 grams.
13 893.135
14 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
15 grams or more, less than 14
16 grams.
17 (i) LEVEL 9
18 316.193
19 (3)(c)3.b. 1st DUI manslaughter; failing to
20 render aid or give information.
21 782.04(1) 1st Attempt, conspire, or solicit to
22 commit premeditated murder.
23 782.04(3) 1st,PBL Accomplice to murder in
24 connection with arson, sexual
25 battery, robbery, burglary, and
26 other specified felonies.
27 782.051(1) 1st Attempted felony murder while
28 perpetrating or attempting to
29 perpetrate a felony enumerated in
30 s. 782.04(3).
31
18
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
4 reward or as a shield or hostage.
5 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
6 or facilitate commission of any
7 felony.
8 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
9 interfere with performance of any
10 governmental or political
11 function.
12 787.02(3)(a) 1st False imprisonment; child under
13 age 13; perpetrator also commits
14 aggravated child abuse, sexual
15 battery, or lewd or lascivious
16 battery, molestation, conduct, or
17 exhibition.
18 790.161 1st Attempted capital destructive
19 device offense.
20 790.166(2) 1st,PBL Possessing, selling, using, or
21 attempting to use a weapon of
22 mass destruction.
23 794.011(2) 1st Attempted sexual battery; victim
24 less than 12 years of age.
25 794.011(2) Life Sexual battery; offender younger
26 than 18 years and commits sexual
27 battery on a person less than 12
28 years.
29 794.011(4) 1st Sexual battery; victim 12 years
30 or older, certain circumstances.
31
19
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 794.011(8)(b) 1st Sexual battery; engage in sexual
2 conduct with minor 12 to 18 years
3 by person in familial or
4 custodial authority.
5 800.04(5)(b) 1st Lewd or lascivious molestation;
6 victim less than 12 years;
7 offender 18 years or older.
8 812.13(2)(a) 1st,PBL Robbery with firearm or other
9 deadly weapon.
10 812.133(2)(a) 1st,PBL Carjacking; firearm or other
11 deadly weapon.
12 827.03(2) 1st Aggravated child abuse.
13 847.0145(1) 1st Selling, or otherwise
14 transferring custody or control,
15 of a minor.
16 847.0145(2) 1st Purchasing, or otherwise
17 obtaining custody or control, of
18 a minor.
19 859.01 1st Poisoning food, drink, medicine,
20 or water with intent to kill or
21 injure another person.
22 893.135 1st Attempted capital trafficking
23 offense.
24 893.135(1)(a)3. 1st Trafficking in cannabis, more
25 than 10,000 lbs.
26 893.135
27 (1)(b)1.c. 1st Trafficking in cocaine, more than
28 400 grams, less than 150
29 kilograms.
30 893.135
31 (1)(c)1.c. 1st Trafficking in illegal drugs,
20
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 more than 28 grams, less than 30
2 kilograms.
3 893.135
4 (1)(d)1.c. 1st Trafficking in phencyclidine,
5 more than 400 grams.
6 893.135
7 (1)(e)1.c. 1st Trafficking in methaqualone, more
8 than 25 kilograms.
9 893.135
10 (1)(f)1.c. 1st Trafficking in amphetamine, more
11 than 200 grams.
12 Section 4. This act shall take effect upon becoming a
13 law, except that sections 2 and 3 of this act shall take
14 effect July 1, 2000.
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to weapons and firearms;
24 amending s. 790.065, F.S., relating to the sale
25 and delivery of weapons and firearms; extending
26 the date of repeal of such section; creating s.
27 790.166, F.S.; prohibiting the unlawful
28 manufacture, possession, sale, delivery,
29 display, use, or attempted or threatened use of
30 a weapon of mass destruction; prohibiting
31 unlawful conspiring to use such weapon;
21
4:49 PM 05/02/00 h0955c1c-23202.seg2
SENATE AMENDMENT
Bill No. CS/HB 955
Amendment No.
1 prohibiting making such weapon readily
2 accessible to others; providing a first degree
3 felony penalty for violation; providing that
4 violation which results in death is a capital
5 felony; prohibiting the unlawful manufacture,
6 possession, sale, delivery, display, use, or
7 attempted or threatened use of a hoax weapon of
8 mass destruction; prohibiting unlawful
9 conspiring to use such weapon; prohibiting
10 making such weapon readily accessible to
11 others; providing a second degree felony
12 penalty for violation; providing definitions
13 for purposes of the act; providing
14 nonapplicability of the act; amending s.
15 921.0022, F.S., relating to the Criminal
16 Punishment Code; providing for ranking the
17 offense of possessing, selling, or using a
18 weapon of mass destruction and the offense of
19 possessing, selling, or using a hoax weapon of
20 mass destruction; providing effective dates.
21
22
23
24
25
26
27
28
29
30
31
22
4:49 PM 05/02/00 h0955c1c-23202.seg2