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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Security, Select offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

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,

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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:

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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,

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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

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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

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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.,

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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

                                  16

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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

                                  17

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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

                                  18

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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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