CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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10 ______________________________________________________________
11 The Committee on Security, Select offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 790.163, Florida Statutes, is
18 amended to read:
19 790.163 False report about planting bomb, or
20 explosive, or weapon of mass destruction; penalty.--
21 (1) It is unlawful for any person to make a false
22 report, with intent to deceive, mislead, or otherwise
23 misinform any person, concerning the placing or planting of
24 any bomb, dynamite, or other deadly explosive, or weapon of
25 mass destruction as defined in s. 790.166; and any person
26 convicted thereof commits is guilty of a felony of the second
27 degree, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084.
29 (2) Notwithstanding any other law, adjudication of
30 guilt or imposition of sentence for a violation of this
31 section may not be suspended, deferred, or withheld. However,
1
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 the state attorney may move the sentencing court to reduce or
2 suspend the sentence of any person who is convicted of a
3 violation of this section and who provides substantial
4 assistance in the identification, arrest, or conviction of any
5 of his or her accomplices, accessories, coconspirators, or
6 principals.
7 (3) Proof that a person accused of violating this
8 section knowingly made a false report is prima facie evidence
9 of the accused person's intent to deceive, mislead, or
10 otherwise misinform any person.
11 (4) In addition to any other penalty provided by law
12 with respect to any person who is convicted of a violation of
13 this section that resulted in the mobilization or action of
14 any law enforcement officer or any state or local agency, a
15 person convicted of a violation of this section may be
16 required by the court to pay restitution for all of the costs
17 and damages arising from the criminal conduct.
18 Section 2. Section 790.164, Florida Statutes, is
19 amended to read:
20 790.164 False reports concerning planting a bomb,
21 explosive, or weapon of mass destruction in, of bombing or
22 committing arson against, state-owned property; penalty;
23 reward.--
24 (1) It is unlawful for any person to make a false
25 report, with intent to deceive, mislead, or otherwise
26 misinform any person, concerning the placing or planting of
27 any bomb, dynamite, or other deadly explosive, or weapon of
28 mass destruction as defined in s. 790.166, or concerning any
29 act of arson or other violence to property owned by the state
30 or any political subdivision. Any person violating the
31 provisions of this subsection commits is guilty of a felony of
2
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 the second degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (2) Notwithstanding any other law, adjudication of
4 guilt or imposition of sentence for a violation of this
5 section may not be suspended, deferred, or withheld. However,
6 the state attorney may move the sentencing court to reduce or
7 suspend the sentence of any person who is convicted of a
8 violation of this section and who provides substantial
9 assistance in the identification, arrest, or conviction of any
10 of his or her accomplices, accessories, coconspirators, or
11 principals.
12 (3) Proof that a person accused of violating this
13 section knowingly made a false report is prima facie evidence
14 of the accused person's intent to deceive, mislead, or
15 otherwise misinform any person.
16 (4)(2)(a) There shall be a $5,000 reward for the
17 giving of information to any law enforcement agency in the
18 state, which information leads to the arrest and conviction of
19 any person violating the provisions of this section. Any
20 person claiming such reward shall apply to the law enforcement
21 agency developing the case and be paid by the Department of
22 Law Enforcement from the deficiency fund.
23 (b) There shall be only one reward given for each
24 case, regardless of how many persons are arrested and
25 convicted in connection with the case and regardless of how
26 many persons submit claims for the reward.
27 (c) The Department of Law Enforcement shall establish
28 procedures to be used by all reward applicants, and the
29 circuit judge in whose jurisdiction the action occurs shall
30 review all such applications and make final determination as
31 to those applicants entitled to receive an award.
3
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 (d) In addition to any other penalty provided by law
2 with respect to any person who is convicted of a violation of
3 this section that resulted in the mobilization or action of
4 any law enforcement officer or any state or local agency, a
5 person convicted of a violation of this section may be
6 required by the court to pay restitution for all of the costs
7 and damages arising from the criminal conduct.
8 Section 3. Section 790.165, Florida Statutes, is
9 amended to read:
10 790.165 Planting of "hoax bomb" prohibited;
11 penalties.--
12 (1) For the purposes of this section, "hoax bomb"
13 means any device or object that by its design, construction,
14 content, or characteristics appears to be, or to contain, or
15 is represented to be or to contain, a destructive device or
16 explosive as defined in this chapter, but is, in fact, an
17 inoperative facsimile or imitation of such a destructive
18 device or explosive, or contains no destructive device or
19 explosive as was represented.
20 (2) Any person who, without lawful authority,
21 manufactures, possesses, sells, or delivers, sends, mails,
22 displays, uses, threatens to use, attempts to use, or
23 conspires to use, or who makes readily accessible to others, a
24 hoax bomb or mails or sends a hoax bomb to another person
25 commits a felony of the second third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (3) Any person who, while committing or attempting to
28 commit any felony, possesses, displays, or threatens to use
29 any hoax bomb commits a felony of the second degree,
30 punishable as provided in s. 775.082, s. 775.083, or s.
31 775.084. Notwithstanding any other law the provisions of s.
4
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 948.01, adjudication of guilt or imposition of sentence may
2 shall not be suspended, deferred, or withheld. However, the
3 state attorney or defense attorney may move the sentencing
4 court to reduce or suspend the sentence of any person who is
5 convicted of a violation of this section and who provides
6 substantial assistance in the identification, arrest, or
7 conviction of any of his or her accomplices, accessories,
8 coconspirators, or principals.
9 (4) The provisions of Subsection (2) does shall not
10 apply to any law enforcement officer, firefighter, person, or
11 corporation licensed pursuant to chapter 493, or member of the
12 armed forces of the United States while engaged in training or
13 other lawful activity within the scope of his or her
14 employment, or to any person properly authorized to test a
15 security system, or to any security personnel, while operating
16 within the scope of their employment, including, but not
17 limited to, security personnel in airports and other
18 controlled access areas, or to any member of a theatrical
19 company or production using utilizing a hoax bomb as property
20 during the course of a rehearsal or performance.
21 (5) In addition to any other penalty provided by law
22 with respect to any person who is convicted of a violation of
23 this section that resulted in the mobilization or action of
24 any law enforcement officer or any state or local agency, a
25 person convicted of a violation of this section may be
26 required by the court to pay restitution for all of the costs
27 and damages arising from the criminal conduct.
28 Section 4. Section 790.166, Florida Statutes, is
29 amended to read:
30 790.166 Manufacture, possession, sale, delivery,
31 display, use, or attempted or threatened use of a weapon of
5
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 mass destruction or hoax weapon of mass destruction
2 prohibited; definitions; penalties.--
3 (1) As used in this section, the term:
4 (a) "Weapon of mass destruction" means:
5 1. Any device or object that is designed or intended
6 to cause death or serious bodily injury to any human or animal
7 through the release, dissemination, or impact of toxic or
8 poisonous chemicals, or their precursors;
9 2. Any device or object involving a biological agent
10 disease organism; or
11 3. Any device or object that is designed or intended
12 to release radiation or radioactivity at a level dangerous to
13 human or animal life; or.
14 4. Any biological agent, toxin, vector, or delivery
15 system.
16 (b) "Hoax weapon of mass destruction" means any device
17 or object that by its design, construction, content, or
18 characteristics appears to be or to contain, or is represented
19 to be, constitute, or contain, a weapon of mass destruction as
20 defined in this section, but which is, in fact, an inoperative
21 facsimile, imitation, counterfeit, or representation of a
22 weapon of mass destruction which does not meet the definition
23 of a weapon of mass destruction or which does not actually
24 contain or constitute a weapon, biological agent, toxin,
25 vector, or delivery system prohibited by this section.
26 (c) "Biological agent" means any microorganism, virus,
27 infectious substance, or biological product that may be
28 engineered through biotechnology, or any naturally occurring
29 or bioengineered component of any such microorganism, virus,
30 infectious substance, or biological product, capable of
31 causing:
6
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
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 (2) A person who, without lawful authority,
25 manufactures, possesses, sells, delivers, sends, mails,
26 displays, uses, threatens to use, attempts to use, or
27 conspires to use, or who makes readily accessible to others a
28 weapon of mass destruction, including any biological agent,
29 toxin, vector, or delivery system as those terms are defined
30 in this section, commits a felony of the first degree,
31 punishable by imprisonment for a term of years not exceeding
7
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 life or as provided in s. 775.082, s. 775.083, or s. 775.084,
2 and if death results, commits a capital felony, punishable as
3 provided in s. 775.082.
4 (3) Any person who, without lawful authority,
5 manufactures, possesses, sells, delivers, mails, sends,
6 displays, uses, threatens to use, attempts to use, or
7 conspires to use, or who makes readily accessible to others,
8 or mails or sends a hoax weapon of mass destruction with the
9 intent to deceive or otherwise mislead another person into
10 believing that the hoax weapon of mass destruction will cause
11 terror, bodily harm, or property damage commits a felony of
12 the second degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 (4) Any person who, while committing or attempting to
15 commit any felony, possesses, displays, or threatens to use
16 any hoax weapon of mass destruction commits a felony of the
17 second degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 (5) Notwithstanding any other law, adjudication of
20 guilt or imposition of sentence may not be suspended,
21 deferred, or withheld for a violation of this section.
22 However, the state attorney may move the sentencing court to
23 reduce or suspend the sentence of any person who is convicted
24 of a violation of this section and who provides substantial
25 assistance in the identification, arrest, or conviction of any
26 of his or her accomplices, accessories, coconspirators, or
27 principals.
28 (6) Proof that a device or object described in
29 subparagraph (1)(a)1. caused death or serious bodily injury to
30 a human or animal through the release, dissemination, or
31 impact of toxic or poisonous chemicals, or their precursors,
8
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 is prima facie evidence that the device or object was designed
2 or intended to cause such death or serious bodily injury.
3 Proof that a device or object described in subparagraph
4 (1)(a)3. released radiation or radioactivity at a level
5 dangerous to human or animal life is prima facie evidence that
6 the device or object was designed or intended for such
7 release.
8 (7)(4) This section does not apply to any member or
9 employee of the Armed Forces of the United States, a federal
10 or state governmental agency, or a private entity who is
11 otherwise engaged in lawful activity within the scope of his
12 or her employment, if such person is otherwise duly authorized
13 or licensed to manufacture, possess, sell, deliver, display,
14 or otherwise engage in activity relative to this section and
15 if such person is in compliance with applicable federal and
16 state law.
17 (8) In addition to any other penalty provided by law
18 with respect to any person who is convicted of a violation of
19 this section that resulted in the mobilization or action of
20 any law enforcement officer or any state or local agency, a
21 person convicted of a violation of this section may be
22 required by the court to pay restitution for all of the costs
23 and damages arising from the criminal conduct.
24 Section 5. Paragraphs (e), (f), and (g) of subsection
25 (3) of section 921.0022, Florida Statutes, as amended by
26 section 2 of chapter 2001-358, Laws of Florida, are amended to
27 read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
31
9
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 Florida Felony
2 Statute Degree Description
3
4
5 (e) LEVEL 5
6 316.027(1)(a) 3rd Accidents involving personal
7 injuries, failure to stop;
8 leaving scene.
9 316.1935(4) 2nd Aggravated fleeing or eluding.
10 322.34(6) 3rd Careless operation of motor
11 vehicle with suspended license,
12 resulting in death or serious
13 bodily injury.
14 327.30(5) 3rd Vessel accidents involving
15 personal injury; leaving scene.
16 381.0041(11)(b) 3rd Donate blood, plasma, or organs
17 knowing HIV positive.
18 790.01(2) 3rd Carrying a concealed firearm.
19 790.162 2nd Threat to throw or discharge
20 destructive device.
21 790.163(1) 790.163 2nd False report of deadly explosive
22 or weapon of mass destruction.
23 790.165(2) 3rd Manufacture, sell, possess, or
24 deliver hoax bomb.
25 790.221(1) 2nd Possession of short-barreled
26 shotgun or machine gun.
27 790.23 2nd Felons in possession of firearms
28 or electronic weapons or devices.
29 800.04(6)(c) 3rd Lewd or lascivious conduct;
30 offender less than 18 years.
31
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 800.04(7)(c) 2nd Lewd or lascivious exhibition;
2 offender 18 years or older.
3 806.111(1) 3rd Possess, manufacture, or dispense
4 fire bomb with intent to damage
5 any structure or property.
6 812.015(8) 3rd Retail theft; property stolen is
7 valued at $300 or more and one or
8 more specified acts.
9 812.019(1) 2nd Stolen property; dealing in or
10 trafficking in.
11 812.131(2)(b) 3rd Robbery by sudden snatching.
12 812.16(2) 3rd Owning, operating, or conducting
13 a chop shop.
14 817.034(4)(a)2. 2nd Communications fraud, value
15 $20,000 to $50,000.
16 817.234(11)(b) 2nd Insurance fraud; property value
17 $20,000 or more but less than
18 $100,000.
19 817.568(2)(b) 2nd Fraudulent use of personal
20 identification information; value
21 of benefit, services received,
22 payment avoided, or amount of
23 injury or fraud, $75,000 or more.
24 817.625(2)(b) 2nd Second or subsequent fraudulent
25 use of scanning device or
26 reencoder.
27 825.1025(4) 3rd Lewd or lascivious exhibition in
28 the presence of an elderly person
29 or disabled adult.
30 827.071(4) 2nd Possess with intent to promote
31 any photographic material, motion
11
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 picture, etc., which includes
2 sexual conduct by a child.
3 843.01 3rd Resist officer with violence to
4 person; resist arrest with
5 violence.
6 874.05(2) 2nd Encouraging or recruiting another
7 to join a criminal street gang;
8 second or subsequent offense.
9 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
10 cocaine (or other s.
11 893.03(1)(a), (1)(b), (1)(d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
15 cannabis (or other s.
16 893.03(1)(c), (2)(c)1., (2)(c)2.,
17 (2)(c)3., (2)(c)5., (2)(c)6.,
18 (2)(c)7., (2)(c)8., (2)(c)9.,
19 (3), or (4) drugs) within 1,000
20 feet of a child care facility or
21 school.
22 893.13(1)(d)1. 1st Sell, manufacture, or deliver
23 cocaine (or other s.
24 893.03(1)(a), (1)(b), (1)(d),
25 (2)(a), (2)(b), or (2)(c)4.
26 drugs) within 200 feet of
27 university or public park.
28 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
29 cannabis or other drug prohibited
30 under s. 893.03(1)(c), (2)(c)1.,
31 (2)(c)2., (2)(c)3., (2)(c)5.,
12
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 (2)(c)6., (2)(c)7., (2)(c)8.,
2 (2)(c)9., (3), or (4) within
3 1,000 feet of property used for
4 religious services or a specified
5 business site.
6 893.13(1)(f)1. 1st Sell, manufacture, or deliver
7 cocaine (or other s.
8 893.03(1)(a), (1)(b), (1)(d), or
9 (2)(a), (2)(b), or (2)(c)4.
10 drugs) within 200 feet of public
11 housing facility.
12 893.13(4)(b) 2nd Deliver to minor cannabis (or
13 other s. 893.03(1)(c), (2)(c)1.,
14 (2)(c)2., (2)(c)3., (2)(c)5.,
15 (2)(c)6., (2)(c)7., (2)(c)8.,
16 (2)(c)9., (3), or (4) drugs).
17 (f) LEVEL 6
18 316.027(1)(b) 2nd Accident involving death, failure
19 to stop; leaving scene.
20 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
21 conviction.
22 775.0875(1) 3rd Taking firearm from law
23 enforcement officer.
24 775.21(10) 3rd Sexual predators; failure to
25 register; failure to renew
26 driver's license or
27 identification card.
28 784.021(1)(a) 3rd Aggravated assault; deadly weapon
29 without intent to kill.
30 784.021(1)(b) 3rd Aggravated assault; intent to
31 commit felony.
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 784.041 3rd Felony battery.
2 784.048(3) 3rd Aggravated stalking; credible
3 threat.
4 784.048(5) 3rd Aggravated stalking of person
5 under 16.
6 784.07(2)(c) 2nd Aggravated assault on law
7 enforcement officer.
8 784.074(1)(b) 2nd Aggravated assault on sexually
9 violent predators facility staff.
10 784.08(2)(b) 2nd Aggravated assault on a person 65
11 years of age or older.
12 784.081(2) 2nd Aggravated assault on specified
13 official or employee.
14 784.082(2) 2nd Aggravated assault by detained
15 person on visitor or other
16 detainee.
17 784.083(2) 2nd Aggravated assault on code
18 inspector.
19 787.02(2) 3rd False imprisonment; restraining
20 with purpose other than those in
21 s. 787.01.
22 790.115(2)(d) 2nd Discharging firearm or weapon on
23 school property.
24 790.161(2) 2nd Make, possess, or throw
25 destructive device with intent to
26 do bodily harm or damage
27 property.
28 790.164(1) 2nd False report of deadly explosive,
29 weapon of mass destruction, or
30 act of arson or violence to state
31 property.
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.014(2)(b)2. 2nd Property stolen cargo valued at
25 less than $50,000, grand theft in
26 2nd degree.
27 812.015(9) 2nd Retail theft; property stolen
28 $300 or more; second or
29 subsequent conviction.
30 812.13(2)(c) 2nd Robbery, no firearm or other
31 weapon (strong-arm robbery).
15
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at less than $20,000.
16 827.03(1) 3rd Abuse of a child.
17 827.03(3)(c) 3rd Neglect of a child.
18 827.071(2)&(3) 2nd Use or induce a child in a sexual
19 performance, or promote or direct
20 such performance.
21 836.05 2nd Threats; extortion.
22 836.10 2nd Written threats to kill or do
23 bodily injury.
24 843.12 3rd Aids or assists person to escape.
25 847.0135(3) 3rd Solicitation of a child, via a
26 computer service, to commit an
27 unlawful sex act.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
31
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 943.0435(9) 3rd Sex offenders; failure to comply
2 with reporting requirements.
3 944.35(3)(a)2. 3rd Committing malicious battery upon
4 or inflicting cruel or inhuman
5 treatment on an inmate or
6 offender on community
7 supervision, resulting in great
8 bodily harm.
9 944.40 2nd Escapes.
10 944.46 3rd Harboring, concealing, aiding
11 escaped prisoners.
12 944.47(1)(a)5. 2nd Introduction of contraband
13 (firearm, weapon, or explosive)
14 into correctional facility.
15 951.22(1) 3rd Intoxicating drug, firearm, or
16 weapon introduced into county
17 facility.
18 (g) LEVEL 7
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 402.319(2) 2nd Misrepresentation and negligence
24 or intentional act resulting in
25 great bodily harm, permanent
26 disfiguration, permanent
27 disability, or death.
28 409.920(2) 3rd Medicaid provider fraud.
29 456.065(2) 3rd Practicing a health care
30 profession without a license.
31
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
31
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 484.013(1)(c) 3rd Preparing or dispensing optical
2 devices without a prescription.
3 484.053 3rd Dispensing hearing aids without a
4 license.
5 494.0018(2) 1st Conviction of any violation of
6 ss. 494.001-494.0077 in which the
7 total money and property
8 unlawfully obtained exceeded
9 $50,000 and there were five or
10 more victims.
11 560.123(8)(b)1. 3rd Failure to report currency or
12 payment instruments exceeding
13 $300 but less than $20,000 by
14 money transmitter.
15 560.125(5)(a) 3rd Money transmitter business by
16 unauthorized person, currency or
17 payment instruments exceeding
18 $300 but less than $20,000.
19 655.50(10)(b)1. 3rd Failure to report financial
20 transactions exceeding $300 but
21 less than $20,000 by financial
22 institution.
23 782.051(3) 2nd Attempted felony murder of a
24 person by a person other than the
25 perpetrator or the perpetrator of
26 an attempted felony.
27 782.07(1) 2nd Killing of a human being by the
28 act, procurement, or culpable
29 negligence of another
30 (manslaughter).
31
19
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
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.
20 784.074(1)(a) 1st Aggravated battery on sexually
21 violent predators facility staff.
22 784.08(2)(a) 1st Aggravated battery on a person 65
23 years of age or older.
24 784.081(1) 1st Aggravated battery on specified
25 official or employee.
26 784.082(1) 1st Aggravated battery by detained
27 person on visitor or other
28 detainee.
29 784.083(1) 1st Aggravated battery on code
30 inspector.
31
20
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 790.165(2) 2nd Manufacture, sell, possess, or
7 deliver hoax bomb.
8 790.165(3) 2nd Possessing, displaying, or
9 threatening to use any hoax bomb
10 while committing or attempting to
11 commit a felony.
12 790.166(3) 2nd Possessing, selling, using, or
13 attempting to use a hoax weapon
14 of mass destruction.
15 790.166(4) 2nd Possessing, displaying, or
16 threatening to use a hoax weapon
17 of mass destruction while
18 committing or attempting to
19 commit a felony.
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
21
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
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; cargo stolen
9 valued at $50,000, or more;
10 property stolen while causing
11 other property damage; 1st degree
12 grand theft.
13 812.014(2)(b)2. 2nd Property stolen, emergency
14 medical equipment; 2nd degree
15 grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.131(2)(a) 2nd Robbery by sudden snatching.
21 812.133(2)(b) 1st Carjacking; no firearm, deadly
22 weapon, or other weapon.
23 817.234(11)(c) 1st Insurance fraud; property value
24 $100,000 or more.
25 825.102(3)(b) 2nd Neglecting an elderly person or
26 disabled adult causing great
27 bodily harm, disability, or
28 disfigurement.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
22
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
29 893.13(4)(a) 1st Deliver to minor cocaine (or
30 other s. 893.03(1)(a), (1)(b),
31 (1)(d), (2)(a), (2)(b), or
23
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 (2)(c)4. drugs).
2
3 893.135(1)(a)1. 1st Trafficking in cannabis, more
4 than 25 lbs., less than 2,000
5 lbs.
6
7 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than
8 28 grams, less than 200 grams.
9 893.135
10 (1)(c)1.a. 1st Trafficking in illegal drugs,
11 more than 4 grams, less than 14
12 grams.
13 893.135
14 (1)(d)1. 1st Trafficking in phencyclidine,
15 more than 28 grams, less than 200
16 grams.
17 893.135(1)(e)1. 1st Trafficking in methaqualone, more
18 than 200 grams, less than 5
19 kilograms.
20 893.135(1)(f)1. 1st Trafficking in amphetamine, more
21 than 14 grams, less than 28
22 grams.
23 893.135
24 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
25 grams or more, less than 14
26 grams.
27 893.135
28 (1)(h)1.a. 1st Trafficking in
29 gamma-hydroxybutyric acid (GHB),
30 1 kilogram or more, less than 5
31 kilograms.
24
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1
2 893.135(1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5
6 893.135(1)(j)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 Section 6. This act shall take effect July 1, 2002.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, lines 11 through page 2, line 5
23 remove: all of said lines
24
25 and insert:
26 of intent to deceive or provide misinformation;
27 authorizing court to order restitution;
28 amending s. 790.165, F.S.; revising the
29 elements of the offense of planting a hoax bomb
30 to prohibit sending, mailing, or using a hoax
31 bomb or threatening, attempting, or conspiring
25
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HOUSE AMENDMENT
Bill No. HB 1437
Amendment No. 01 (for drafter's use only)
1 to use a hoax bomb; enhancing the penalty
2 imposed for committing such offense;
3 authorizing court to order restitution;
4 amending s. 790.166, F.S.; redefining the term
5 "weapon of mass destruction" to include a
6 device or object that is intended to kill or
7 injure an animal, that involves a biological
8 agent, or that is designed to release radiation
9 or any biological agent, toxin, vector, or
10 delivery system; prohibiting the court from
11 suspending or withholding adjudication of guilt
12 or imposition of sentence for the offense of
13 manufacturing, possessing, selling, sending, or
14 using a weapon of mass destruction; providing
15 that proof a device caused injury or death or
16 released radiation is prima facie evidence that
17 the device was designed or intended to cause
18 such death, injury, or release; providing that
19 it is a felony of the second degree to possess,
20 display, or threaten to use a hoax weapon of
21 mass destruction while committing or attempting
22 to commit a felony; authorizing court to order
23 restitution; amending s. 921.0022, F.S.,
24
25
26
27
28
29
30
31
26
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