House Bill hb0117Be1

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                                     HB 117-B, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to poisoning; amending s.

  3         859.01, F.S.; prohibiting the introduction of

  4         bacteria, viruses, or chemical compounds into

  5         food, drink, medicine, or water systems under

  6         certain circumstances; providing penalties;

  7         amending s. 921.0022, F.S., to conform to

  8         changes made by the act; providing an effective

  9         date.

10

11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 859.01, Florida Statutes, is

14  amended to read:

15         859.01  Poisoning food or water.--Whoever introduces,

16  adds, or mingles any poison, bacterium, virus, or chemical

17  compound with food, drink, or , medicine or any product

18  designed to be ingested, consumed, or applied to the body

19  with intent to kill or injure another person, or willfully

20  poisons or introduces, adds, or mingles any bacterium, virus,

21  or chemical compound into any spring, well, or reservoir of

22  water with such intent, commits shall be guilty of a felony of

23  the first degree, punishable as provided in s. 775.082, s.

24  775.083, or s. 775.084.

25         Section 2.  Paragraph (i) of subsection (3) of section

26  921.0022, Florida Statutes, is amended to read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

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                                     HB 117-B, First Engrossed/ntc



  1  Florida           Felony

  2  Statute           Degree             Description

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  4                              (i)  LEVEL 9

  5  316.193

  6   (3)(c)3.b.        1st      DUI manslaughter; failing to

  7                              render aid or give information.

  8  560.123(8)(b)3.    1st      Failure to report currency or

  9                              payment instruments totaling or

10                              exceeding $100,000 by money

11                              transmitter.

12  560.125(5)(c)      1st      Money transmitter business by

13                              unauthorized person, currency, or

14                              payment instruments totaling or

15                              exceeding $100,000.

16  655.50(10)(b)3.    1st      Failure to report financial

17                              transactions totaling or

18                              exceeding $100,000 by financial

19                              institution.

20  755.0844           1st      Aggravated white collar crime.

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).

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                                     HB 117-B, First Engrossed/ntc



  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.

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                                     HB 117-B, First Engrossed/ntc



  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 or introducing

20                              bacteria, viruses, or chemical

21                              compounds into food, drink,

22                              medicine, or water with intent to

23                              kill or injure another person.

24  893.135            1st      Attempted capital trafficking

25                              offense.

26  893.135(1)(a)3.    1st      Trafficking in cannabis, more

27                              than 10,000 lbs.

28  893.135

29   (1)(b)1.c.        1st      Trafficking in cocaine, more than

30                              400 grams, less than 150

31                              kilograms.


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                                     HB 117-B, First Engrossed/ntc



  1  893.135

  2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

  3                              more than 28 grams, less than 30

  4                              kilograms.

  5  893.135

  6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

  7                              more than 400 grams.

  8  893.135

  9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

19   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10

20                              kilograms or more.

21  893.135

22   (1)(j)2.c.        1st      Trafficking in Phenethylamines,

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.


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                                     HB 117-B, First Engrossed/ntc



  1         Section 3.  This act shall take effect upon becoming a

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