Senate Bill sb0010Cc1

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    Florida Senate - 2001                           CS for SB 10-C

    By the Committee on Criminal Justice; and Senators Brown-Waite
    and Smith




    307-735-02

  1                      A bill to be entitled

  2         An act relating to poisoning; amending s.

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

  4         addition of any poison, or the introduction,

  5         addition, or mingling of any bacterium,

  6         radioactive material, virus, chemical compound,

  7         or specified products into food, drink,

  8         medicine, or water systems under certain

  9         circumstances; providing penalties; amending s.

10         921.0022, F.S., to conform to changes made by

11         the act; providing an effective date.

12

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

14

15         Section 1.  Section 859.01, Florida Statutes, is

16  amended to read:

17         859.01  Poisoning food or water.--Whoever introduces,

18  adds, or mingles any poison, bacterium, radioactive material,

19  virus, or chemical compound with food, drink, or medicine, or

20  any product designed to be ingested, consumed, or applied to

21  the body  with intent to kill or injure another person, or

22  willfully poisons or introduces, adds, or mingles any

23  bacterium, radioactive material, virus, or chemical compound

24  into any spring, well, or reservoir of water with such intent,

25  commits shall be guilty of a felony of the first degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

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

29  921.0022, Florida Statutes, is amended to read:

30         921.0022  Criminal Punishment Code; offense severity

31  ranking chart.--

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    Florida Senate - 2001                           CS for SB 10-C
    307-735-02




  1         (3)  OFFENSE SEVERITY RANKING CHART

  2

  3  Florida           Felony

  4  Statute           Degree             Description

  5

  6                              (i)  LEVEL 9

  7  316.193

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

  9                              render aid or give information.

10  560.123(8)(b)3.    1st      Failure to report currency or

11                              payment instruments totaling or

12                              exceeding $100,000 by money

13                              transmitter.

14  560.125(5)(c)      1st      Money transmitter business by

15                              unauthorized person, currency, or

16                              payment instruments totaling or

17                              exceeding $100,000.

18  655.50(10)(b)3.    1st      Failure to report financial

19                              transactions totaling or

20                              exceeding $100,000 by financial

21                              institution.

22  755.0844           1st      Aggravated white collar crime.

23  782.04(1)          1st      Attempt, conspire, or solicit to

24                              commit premeditated murder.

25  782.04(3)          1st,PBL   Accomplice to murder in

26                              connection with arson, sexual

27                              battery, robbery, burglary, and

28                              other specified felonies.

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30

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    Florida Senate - 2001                           CS for SB 10-C
    307-735-02




  1  782.051(1)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony enumerated in

  4                              s. 782.04(3).

  5  782.07(2)          1st      Aggravated manslaughter of an

  6                              elderly person or disabled adult.

  7  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  8                              reward or as a shield or hostage.

  9  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

10                              or facilitate commission of any

11                              felony.

12  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

13                              interfere with performance of any

14                              governmental or political

15                              function.

16  787.02(3)(a)       1st      False imprisonment; child under

17                              age 13; perpetrator also commits

18                              aggravated child abuse, sexual

19                              battery, or lewd or lascivious

20                              battery, molestation, conduct, or

21                              exhibition.

22  790.161            1st      Attempted capital destructive

23                              device offense.

24  790.166(2)         1st,PBL  Possessing, selling, using, or

25                              attempting to use a weapon of

26                              mass destruction.

27  794.011(2)         1st      Attempted sexual battery; victim

28                              less than 12 years of age.

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    Florida Senate - 2001                           CS for SB 10-C
    307-735-02




  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  800.04(5)(b)       1st      Lewd or lascivious molestation;

12                              victim less than 12 years;

13                              offender 18 years or older.

14  812.13(2)(a)       1st,PBL  Robbery with firearm or other

15                              deadly weapon.

16  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

17                              deadly weapon.

18  827.03(2)          1st      Aggravated child abuse.

19  847.0145(1)        1st      Selling, or otherwise

20                              transferring custody or control,

21                              of a minor.

22  847.0145(2)        1st      Purchasing, or otherwise

23                              obtaining custody or control, of

24                              a minor.

25  859.01             1st      Poisoning or introducing

26                              bacteria, radioactive materials,

27                              viruses, or chemical compounds

28                              into food, drink, medicine, or

29                              water with intent to kill or

30                              injure another person.

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    Florida Senate - 2001                           CS for SB 10-C
    307-735-02




  1  893.135            1st      Attempted capital trafficking

  2                              offense.

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

  4                              than 10,000 lbs.

  5  893.135

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

  7                              400 grams, less than 150

  8                              kilograms.

  9  893.135

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

11                              more than 28 grams, less than 30

12                              kilograms.

13  893.135

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

15                              more than 400 grams.

16  893.135

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

18                              than 25 kilograms.

19  893.135

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

21                              than 200 grams.

22  893.135

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

24                              gamma-hydroxybutyric acid (GHB),

25                              10 kilograms or more.

26  893.135

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

28                              kilograms or more.

29  893.135

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

31                              400 grams or more.

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    Florida Senate - 2001                           CS for SB 10-C
    307-735-02




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

  2                              instruments totaling or exceeding

  3                              $100,000.

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

  5                              reporting or registration

  6                              requirements, financial

  7                              transactions totaling or

  8                              exceeding $100,000.

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

10  law.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 10-C

14

15  -     Makes it a first degree felony to introduce, add, or
          mingle any radioactive material with food, drink,
16        medicine, or any product designed to be ingested,
          consumed, or applied to the body.
17
    -     Makes it a first degree felony to willfully introduce,
18        add, or mingle any radioactive material into any spring,
          well, or reservoir.
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