House Bill 0955c1
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Florida House of Representatives - 2000 CS/HB 955
By the Committee on Law Enforcement & Crime Prevention and
Representative Futch
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.; providing for ranking of
23 violations on the offense severity ranking
24 chart; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Section 790.166, Florida Statutes, is
29 created to read:
30 790.166 Manufacture, possession, sale, delivery,
31 display, use, or attempted or threatened use of a weapon of
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1 mass destruction or hoax weapon of mass destruction
2 prohibited; definitions; penalties.--
3 (1) As used in this section, the following terms shall
4 have the following meanings:
5 (a) "Weapon of mass destruction" means:
6 1. Any destructive device as defined in this section;
7 2. Any weapon that is designed or intended to cause
8 death or serious bodily injury through the release,
9 dissemination, or impact of toxic or poisonous chemicals, or
10 their precursors;
11 3. Any weapon involving a disease organism; or
12 4. Any weapon that is designed to release radiation or
13 radioactivity at a level dangerous to human life.
14 (b) "Hoax weapon of mass destruction" means any device
15 or object that by its design, construction, content, or
16 characteristics appears to be or to contain, or is represented
17 to be, constitute, or contain, a weapon of mass destruction as
18 defined in this section, but which is, in fact, an inoperative
19 facsimile, imitation, counterfeit, or representation of a
20 weapon of mass destruction which does not meet the definition
21 of a weapon of mass destruction or which does not actually
22 contain or constitute a weapon, destructive device, biological
23 agent, toxin, vector, or delivery system prohibited by this
24 section.
25 (c) "Biological agent" means any microorganism, virus,
26 infectious substance, or biological product that may be
27 engineered through biotechnology, or any naturally occurring
28 or bioengineered component of any such microorganism, virus,
29 infectious substance, or biological product, capable of
30 causing:
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1 1. Death, disease, or other biological malfunction in
2 a human, an animal, a plant, or other living organism;
3 2. Deterioration of food, water, equipment, supplies,
4 or material of any kind; or
5 3. Deleterious alteration of the environment.
6 (d) "Toxin" means the toxic material of plants,
7 animals, microorganisms, viruses, fungi, or infectious
8 substances, or a recombinant molecule, whatever its origin or
9 method of reproduction, including:
10 1. Any poisonous substance or biological product that
11 may be engineered through biotechnology produced by a living
12 organism; or
13 2. Any poisonous isomer or biological product,
14 homolog, or derivative of such substance.
15 (e) "Delivery system" means:
16 1. Any apparatus, equipment, device, or means of
17 delivery specifically designed to deliver or disseminate a
18 biological agent, toxin, or vector; or
19 2. Any vector.
20 (f) "Vector" means a living organism or molecule,
21 including a recombinant molecule or biological product that
22 may be engineered through biotechnology, capable of carrying a
23 biological agent or toxin to a host.
24 (g) "Destructive device" shall have the same meaning
25 as that term is defined in s. 790.001(4).
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, other than a chemical weapon as that term is
31 defined in 18 U.S.C. 229F and s. 790.001, including any
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1 biological agent, toxin, vector, or delivery system as those
2 terms are defined in this section:
3 (a) Against any person within the State of Florida,
4 provided the offense occurs in whole or in part within the
5 state; or
6 (b) Against any property that is owned, leased, or
7 used by the State of Florida or by any department, agency, or
8 political subdivision of the state, provided the offense
9 occurs in whole or in part within the state,
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11 commits a felony of the first degree, punishable by
12 imprisonment for a term of years not exceeding life or as
13 provided in s. 775.082, s. 775.083, or s. 775.084, and if
14 death results, commits a capital felony, punishable as
15 provided in s. 775.082.
16 (3) Any person who, without lawful authority,
17 manufactures, possesses, sells, delivers, displays, uses,
18 threatens to use, attempts to use, or conspires to use, or who
19 makes readily accessible to others a hoax weapon of mass
20 destruction commits a felony of the second degree, punishable
21 as provided in s. 775.082, s. 775.083, or s. 775.084.
22 (4) The provisions of this section shall not apply to
23 any member of the Armed Forces of the United States, federal
24 or state governmental agencies or personnel, or private
25 entities otherwise engaged in lawful activity within the scope
26 of his or her employment, if such person is otherwise duly
27 authorized or licensed to manufacture, possess, sell, deliver,
28 display, or otherwise engage in activity relative to this
29 section and if such person is in compliance with applicable
30 federal and state law.
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1 Section 2. Paragraphs (g) and (i) of subsection (3) of
2 section 921.0022, Florida Statutes, are amended to read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
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7 Florida Felony
8 Statute Degree Description
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11 (g) LEVEL 7
12 316.193(3)(c)2. 3rd DUI resulting in serious bodily
13 injury.
14 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
15 bodily injury.
16 402.319(2) 2nd Misrepresentation and negligence
17 or intentional act resulting in
18 great bodily harm, permanent
19 disfiguration, permanent
20 disability, or death.
21 409.920(2) 3rd Medicaid provider fraud.
22 494.0018(2) 1st Conviction of any violation of
23 ss. 494.001-494.0077 in which the
24 total money and property
25 unlawfully obtained exceeded
26 $50,000 and there were five or
27 more victims.
28 782.051(3) 2nd Attempted felony murder of a
29 person by a person other than the
30 perpetrator or the perpetrator of
31 an attempted felony.
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1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 2nd Killing of human being or viable
6 fetus by the operation of a motor
7 vehicle in a reckless manner
8 (vehicular homicide).
9 782.072 2nd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
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1 784.083(1) 1st Aggravated battery on code
2 inspector.
3 790.07(4) 1st Specified weapons violation
4 subsequent to previous conviction
5 of s. 790.07(1) or (2).
6 790.16(1) 1st Discharge of a machine gun under
7 specified circumstances.
8 790.166(3) 2nd Possessing, selling, using, or
9 attempting to use a hoax weapon
10 of mass destruction.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
14 victim less than 12 years of age;
15 offender less than 18 years.
16 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
17 victim 12 years of age or older
18 but less than 16 years; offender
19 18 years or older.
20 806.01(2) 2nd Maliciously damage structure by
21 fire or explosive.
22 810.02(3)(a) 2nd Burglary of occupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(d) 2nd Burglary of occupied conveyance;
27 unarmed; no assault or battery.
28 812.014(2)(a) 1st Property stolen, valued at
29 $100,000 or more; property stolen
30 while causing other property
31 damage; 1st degree grand theft.
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 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 a child care
6 facility or school.
7 893.13(1)(e) 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b), within
11 1,000 feet of property used for
12 religious services or a specified
13 business site.
14 893.13(4)(a) 1st Deliver to minor cocaine (or
15 other s. 893.03(1)(a), (1)(b),
16 (1)(d), (2)(a), or (2)(b) drugs).
17 893.135(1)(a)1. 1st Trafficking in cannabis, more
18 than 50 lbs., less than 2,000
19 lbs.
20 893.135
21 (1)(b)1.a. 1st Trafficking in cocaine, more than
22 28 grams, less than 200 grams.
23 893.135
24 (1)(c)1.a. 1st Trafficking in illegal drugs,
25 more than 4 grams, less than 14
26 grams.
27 893.135
28 (1)(d)1. 1st Trafficking in phencyclidine,
29 more than 28 grams, less than 200
30 grams.
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1 893.135(1)(e)1. 1st Trafficking in methaqualone, more
2 than 200 grams, less than 5
3 kilograms.
4 893.135(1)(f)1. 1st Trafficking in amphetamine, more
5 than 14 grams, less than 28
6 grams.
7 893.135
8 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
9 grams or more, less than 14
10 grams.
11 (i) LEVEL 9
12 316.193
13 (3)(c)3.b. 1st DUI manslaughter; failing to
14 render aid or give information.
15 782.04(1) 1st Attempt, conspire, or solicit to
16 commit premeditated murder.
17 782.04(3) 1st,PBL Accomplice to murder in
18 connection with arson, sexual
19 battery, robbery, burglary, and
20 other specified felonies.
21 782.051(1) 1st Attempted felony murder while
22 perpetrating or attempting to
23 perpetrate a felony enumerated in
24 s. 782.04(3).
25 782.07(2) 1st Aggravated manslaughter of an
26 elderly person or disabled adult.
27 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
28 reward or as a shield or hostage.
29 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
30 or facilitate commission of any
31 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 827.03(2) 1st Aggravated child abuse.
6 847.0145(1) 1st Selling, or otherwise
7 transferring custody or control,
8 of a minor.
9 847.0145(2) 1st Purchasing, or otherwise
10 obtaining custody or control, of
11 a minor.
12 859.01 1st Poisoning food, drink, medicine,
13 or water with intent to kill or
14 injure another person.
15 893.135 1st Attempted capital trafficking
16 offense.
17 893.135(1)(a)3. 1st Trafficking in cannabis, more
18 than 10,000 lbs.
19 893.135
20 (1)(b)1.c. 1st Trafficking in cocaine, more than
21 400 grams, less than 150
22 kilograms.
23 893.135
24 (1)(c)1.c. 1st Trafficking in illegal drugs,
25 more than 28 grams, less than 30
26 kilograms.
27 893.135
28 (1)(d)1.c. 1st Trafficking in phencyclidine,
29 more than 400 grams.
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1 893.135
2 (1)(e)1.c. 1st Trafficking in methaqualone, more
3 than 25 kilograms.
4 893.135
5 (1)(f)1.c. 1st Trafficking in amphetamine, more
6 than 200 grams.
7 Section 3. This act shall take effect July 1, 2000.
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