House Bill hb1437

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    Florida House of Representatives - 2002                HB 1437

        By Representative Gelber






  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

  3         ss. 790.163, 790.164, F.S.; prohibiting making

  4         a false report concerning the placing or

  5         planting of a weapon of mass destruction;

  6         providing a penalty; prohibiting the court from

  7         suspending or withholding adjudication of guilt

  8         or imposition of sentence for such offense;

  9         providing that proof of a person knowingly

10         making a false report is prima facie evidence

11         of intent to deceive or provide misinformation;

12         amending s. 790.165, F.S.; revising the

13         elements of the offense of planting a hoax bomb

14         to prohibit sending, mailing, or using a hoax

15         bomb or threatening, attempting, or conspiring

16         to use a hoax bomb; enhancing the penalty

17         imposed for committing such offense; amending

18         s. 790.166, F.S.; redefining the term "weapon

19         of mass destruction" to include a device or

20         object that is intended to kill or injure an

21         animal, that involves a biological agent, or

22         that is designed to release radiation or any

23         biological agent, toxin, vector, or delivery

24         system; prohibiting the court from suspending

25         or withholding adjudication of guilt or

26         imposition of sentence for the offense of

27         manufacturing, possessing, selling, sending, or

28         using a weapon of mass destruction; providing

29         that proof a device caused injury or death or

30         released radiation is prima facie evidence that

31         the device was designed or intended to cause

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  1         such death, injury, or release; providing that

  2         it is a felony of the second degree to possess,

  3         display, or threaten to use a hoax weapon of

  4         mass destruction while committing or attempting

  5         to commit a felony; amending s. 921.0022, F.S.,

  6         relating to the offense severity ranking chart

  7         of the Criminal Punishment Code; conforming

  8         cross-references and provisions to changes made

  9         by the act; providing an effective date.

10

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

12

13         Section 1.  Section 790.163, Florida Statutes, is

14  amended to read:

15         790.163  False report about planting bomb, or

16  explosive, or weapon of mass destruction; penalty.--

17         (1)  It is unlawful for any person to make a false

18  report, with intent to deceive, mislead, or otherwise

19  misinform any person, concerning the placing or planting of

20  any bomb, dynamite, or other deadly explosive, or weapon of

21  mass destruction as defined in s. 790.166; and any person

22  convicted thereof commits is guilty of a felony of the second

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (2)  Notwithstanding any other law, adjudication of

26  guilt or imposition of sentence for a violation of this

27  section may not be suspended, deferred, or withheld. However,

28  the state attorney may move the sentencing court to reduce or

29  suspend the sentence of any person who is convicted of a

30  violation of this section and who provides substantial

31  assistance in the identification, arrest, or conviction of any

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  1  of his or her accomplices, accessories, coconspirators, or

  2  principals.

  3         (3)  Proof that a person accused of violating this

  4  section knowingly made a false report is prima facie evidence

  5  of the accused person's intent to deceive, mislead, or

  6  otherwise misinform any person.

  7         Section 2.  Section 790.164, Florida Statutes, is

  8  amended to read:

  9         790.164  False reports concerning planting a bomb,

10  explosive, or weapon of mass destruction in, of bombing or

11  committing arson against, state-owned property; penalty;

12  reward.--

13         (1)  It is unlawful for any person to make a false

14  report, with intent to deceive, mislead, or otherwise

15  misinform any person, concerning the placing or planting of

16  any bomb, dynamite, or other deadly explosive, or weapon of

17  mass destruction as defined in s. 790.166, or concerning any

18  act of arson or other violence to property owned by the state

19  or any political subdivision.  Any person violating the

20  provisions of this subsection commits is guilty of a felony of

21  the second degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (2)  Notwithstanding any other law, adjudication of

24  guilt or imposition of sentence for a violation of this

25  section may not be suspended, deferred, or withheld. However,

26  the state attorney may move the sentencing court to reduce or

27  suspend the sentence of any person who is convicted of a

28  violation of this section and who provides substantial

29  assistance in the identification, arrest, or conviction of any

30  of his or her accomplices, accessories, coconspirators, or

31  principals.

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  1         (3)  Proof that a person accused of violating this

  2  section knowingly made a false report is prima facie evidence

  3  of the accused person's intent to deceive, mislead, or

  4  otherwise misinform any person.

  5         (4)(2)(a)  There shall be a $5,000 reward for the

  6  giving of information to any law enforcement agency in the

  7  state, which information leads to the arrest and conviction of

  8  any person violating the provisions of this section.  Any

  9  person claiming such reward shall apply to the law enforcement

10  agency developing the case and be paid by the Department of

11  Law Enforcement from the deficiency fund.

12         (b)  There shall be only one reward given for each

13  case, regardless of how many persons are arrested and

14  convicted in connection with the case and regardless of how

15  many persons submit claims for the reward.

16         (c)  The Department of Law Enforcement shall establish

17  procedures to be used by all reward applicants, and the

18  circuit judge in whose jurisdiction the action occurs shall

19  review all such applications and make final determination as

20  to those applicants entitled to receive an award.

21         Section 3.  Section 790.165, Florida Statutes, is

22  amended to read:

23         790.165  Planting of "hoax bomb" prohibited;

24  penalties.--

25         (1)  For the purposes of this section, "hoax bomb"

26  means any device or object that by its design, construction,

27  content, or characteristics appears to be, or to contain, or

28  is represented to be or to contain, a destructive device or

29  explosive as defined in this chapter, but is, in fact, an

30  inoperative facsimile or imitation of such a destructive

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  1  device or explosive, or contains no destructive device or

  2  explosive as was represented.

  3         (2)  Any person who, without lawful authority,

  4  manufactures, possesses, sells, or delivers, sends, mails,

  5  displays, uses, threatens to use, attempts to use, or

  6  conspires to use, or who makes readily accessible to others, a

  7  hoax bomb or mails or sends a hoax bomb to another person

  8  commits a felony of the second third degree, punishable as

  9  provided in s. 775.082, s. 775.083, or s. 775.084.

10         (3)  Any person who, while committing or attempting to

11  commit any felony, possesses, displays, or threatens to use

12  any hoax bomb commits a felony of the second degree,

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

14  775.084. Notwithstanding any other law the provisions of s.

15  948.01, adjudication of guilt or imposition of sentence may

16  shall not be suspended, deferred, or withheld. However, the

17  state attorney or defense attorney may move the sentencing

18  court to reduce or suspend the sentence of any person who is

19  convicted of a violation of this section and who provides

20  substantial assistance in the identification, arrest, or

21  conviction of any of his or her accomplices, accessories,

22  coconspirators, or principals.

23         (4)  The provisions of Subsection (2) does shall not

24  apply to any law enforcement officer, firefighter, person, or

25  corporation licensed pursuant to chapter 493, or member of the

26  armed forces of the United States while engaged in training or

27  other lawful activity within the scope of his or her

28  employment, or to any person properly authorized to test a

29  security system, or to any security personnel, while operating

30  within the scope of their employment, including, but not

31  limited to, security personnel in airports and other

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  1  controlled access areas, or to any member of a theatrical

  2  company or production using utilizing a hoax bomb as property

  3  during the course of a rehearsal or performance.

  4         Section 4.  Section 790.166, Florida Statutes, is

  5  amended to read:

  6         790.166  Manufacture, possession, sale, delivery,

  7  display, use, or attempted or threatened use of a weapon of

  8  mass destruction or hoax weapon of mass destruction

  9  prohibited; definitions; penalties.--

10         (1)  As used in this section, the term:

11         (a)  "Weapon of mass destruction" means:

12         1.  Any device or object that is designed or intended

13  to cause death or serious bodily injury to any human or animal

14  through the release, dissemination, or impact of toxic or

15  poisonous chemicals, or their precursors;

16         2.  Any device or object involving a biological agent

17  disease organism; or

18         3.  Any device or object that is designed to release

19  radiation or radioactivity at a level dangerous to human or

20  animal life; or.

21         4.  Any biological agent, toxin, vector, or delivery

22  system.

23         (b)  "Hoax weapon of mass destruction" means any device

24  or object that by its design, construction, content, or

25  characteristics appears to be or to contain, or is represented

26  to be, constitute, or contain, a weapon of mass destruction as

27  defined in this section, but which is, in fact, an inoperative

28  facsimile, imitation, counterfeit, or representation of a

29  weapon of mass destruction which does not meet the definition

30  of a weapon of mass destruction or which does not actually

31

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  1  contain or constitute a weapon, biological agent, toxin,

  2  vector, or delivery system prohibited by this section.

  3         (c)  "Biological agent" means any microorganism, virus,

  4  infectious substance, or biological product that may be

  5  engineered through biotechnology, or any naturally occurring

  6  or bioengineered component of any such microorganism, virus,

  7  infectious substance, or biological product, capable of

  8  causing:

  9         1.  Death, disease, or other biological malfunction in

10  a human, an animal, a plant, or other living organism;

11         2.  Deterioration of food, water, equipment, supplies,

12  or material of any kind; or

13         3.  Deleterious alteration of the environment.

14         (d)  "Toxin" means the toxic material of plants,

15  animals, microorganisms, viruses, fungi, or infectious

16  substances, or a recombinant molecule, whatever its origin or

17  method of reproduction, including:

18         1.  Any poisonous substance or biological product that

19  may be engineered through biotechnology produced by a living

20  organism; or

21         2.  Any poisonous isomer or biological product,

22  homolog, or derivative of such substance.

23         (e)  "Delivery system" means:

24         1.  Any apparatus, equipment, device, or means of

25  delivery specifically designed to deliver or disseminate a

26  biological agent, toxin, or vector; or

27         2.  Any vector.

28         (f)  "Vector" means a living organism or molecule,

29  including a recombinant molecule or biological product that

30  may be engineered through biotechnology, capable of carrying a

31  biological agent or toxin to a host.

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  1         (2)  A person who, without lawful authority,

  2  manufactures, possesses, sells, delivers, sends, mails,

  3  displays, uses, threatens to use, attempts to use, or

  4  conspires to use, or who makes readily accessible to others a

  5  weapon of mass destruction, including any biological agent,

  6  toxin, vector, or delivery system as those terms are defined

  7  in this section, commits a felony of the first degree,

  8  punishable by imprisonment for a term of years not exceeding

  9  life or as provided in s. 775.082, s. 775.083, or s. 775.084,

10  and if death results, commits a capital felony, punishable as

11  provided in s. 775.082.

12         (3)  Any person who, without lawful authority,

13  manufactures, possesses, sells, delivers, mails, sends,

14  displays, uses, threatens to use, attempts to use, or

15  conspires to use, or who makes readily accessible to others,

16  or mails or sends a hoax weapon of mass destruction with the

17  intent to deceive or otherwise mislead another person into

18  believing that the hoax weapon of mass destruction will cause

19  terror, bodily harm, or property damage commits a felony of

20  the second degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         (4)  Any person who, while committing or attempting to

23  commit any felony, possesses, displays, or threatens to use

24  any hoax weapon of mass destruction commits a felony of the

25  second degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (5)  Notwithstanding any other law, adjudication of

28  guilt or imposition of sentence may not be suspended,

29  deferred, or withheld for a violation of this section.

30  However, the state attorney may move the sentencing court to

31  reduce or suspend the sentence of any person who is convicted

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  1  of a violation of this section and who provides substantial

  2  assistance in the identification, arrest, or conviction of any

  3  of his or her accomplices, accessories, coconspirators, or

  4  principals.

  5         (6)  Proof that a device or object described in

  6  subparagraph (1)(a)1. caused death or serious bodily injury to

  7  a human or animal through the release, dissemination, or

  8  impact of toxic or poisonous chemicals, or their precursors,

  9  is prima facie evidence that the device or object was designed

10  or intended to cause such death or serious bodily injury.

11  Proof that a device or object described in subparagraph

12  (1)(a)3. released radiation or radioactivity at a level

13  dangerous to human or animal life is prima facie evidence that

14  the device or object was designed for such release.

15         (7)(4)  This section does not apply to any member or

16  employee of the Armed Forces of the United States, a federal

17  or state governmental agency, or a private entity who is

18  otherwise engaged in lawful activity within the scope of his

19  or her employment, if such person is otherwise duly authorized

20  or licensed to manufacture, possess, sell, deliver, display,

21  or otherwise engage in activity relative to this section and

22  if such person is in compliance with applicable federal and

23  state law.

24         Section 5.  Paragraphs (b), (e), (f), (g), (h), and (i)

25  of subsection (3) of section 921.0022, Florida Statutes, as

26  amended by section 2 of chapter 2001-358, Laws of Florida, are

27  amended to read:

28         921.0022  Criminal Punishment Code; offense severity

29  ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4

  5                              (b)  LEVEL 2

  6  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

  7                              lbs. in weight or 100 cubic feet

  8                              in volume or any quantity for

  9                              commercial purposes, or hazardous

10                              waste.

11  517.07             3rd      Registration of securities and

12                              furnishing of prospectus

13                              required.

14  590.28(1)          3rd      Intentional or reckless burning

15                              of lands Willful, malicious, or

16                              intentional burning.

17  784.05(3)          3rd      Storing or leaving a loaded

18                              firearm within reach of minor who

19                              uses it to inflict injury or

20                              death.

21  787.04(1)          3rd      In violation of court order,

22                              take, entice, etc., minor beyond

23                              state limits.

24  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

25                              or more to public communication

26                              or any other public service.

27  810.09(2)(e)       3rd      Trespassing on posted commercial

28                              horticulture property.

29  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

30                              more but less than $5,000.

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  1  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

  2                              more but less than $300, taken

  3                              from unenclosed curtilage of

  4                              dwelling.

  5  812.015(7)         3rd      Possession, use, or attempted use

  6                              of an antishoplifting or

  7                              inventory control device

  8                              countermeasure.

  9  817.234(1)(a)2.    3rd      False statement in support of

10                              insurance claim.

11  817.481(3)(a)      3rd      Obtain credit or purchase with

12                              false, expired, counterfeit,

13                              etc., credit card, value over

14                              $300.

15  817.52(3)          3rd      Failure to redeliver hired

16                              vehicle.

17  817.54             3rd      With intent to defraud, obtain

18                              mortgage note, etc., by false

19                              representation.

20  817.60(5)          3rd      Dealing in credit cards of

21                              another.

22  817.60(6)(a)       3rd      Forgery; purchase goods, services

23                              with false card.

24  817.61             3rd      Fraudulent use of credit cards

25                              over $100 or more within 6

26                              months.

27  826.04             3rd      Knowingly marries or has sexual

28                              intercourse with person to whom

29                              related.

30  831.01             3rd      Forgery.

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  1  831.02             3rd      Uttering forged instrument;

  2                              utters or publishes alteration

  3                              with intent to defraud.

  4  831.07             3rd      Forging bank bills, checks,

  5                              drafts, or promissory notes.

  6  831.08             3rd      Possessing 10 or more forged

  7                              notes, bills, checks, or drafts.

  8  831.09             3rd      Uttering forged notes, bills,

  9                              checks, drafts, or promissory

10                              notes.

11  831.11             3rd      Bringing into the state forged

12                              bank bills, checks, drafts, or

13                              notes.

14  832.05(3)(a)       3rd      Cashing or depositing item with

15                              intent to defraud.

16  843.08             3rd      Falsely impersonating an officer.

17  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

18                              (2)(c)1., (2)(c)2., (2)(c)3.,

19                              (2)(c)5., (2)(c)6., (2)(c)7.,

20                              (2)(c)8., (2)(c)9., (3), or (4)

21                              drugs other than cannabis.

22  893.147(2)         3rd      Manufacture or delivery of drug

23                              paraphernalia.

24                              (e)  LEVEL 5

25  316.027(1)(a)      3rd      Accidents involving personal

26                              injuries, failure to stop;

27                              leaving scene.

28  316.1935(4)        2nd      Aggravated fleeing or eluding.

29

30

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  1  322.34(6)          3rd      Careless operation of motor

  2                              vehicle with suspended license,

  3                              resulting in death or serious

  4                              bodily injury.

  5  327.30(5)          3rd      Vessel accidents involving

  6                              personal injury; leaving scene.

  7  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  8                              knowing HIV positive.

  9  790.01(2)          3rd      Carrying a concealed firearm.

10  790.162            2nd      Threat to throw or discharge

11                              destructive device.

12  790.163(1) 790.163 2nd      False report of deadly explosive

13                              or weapon of mass destruction.

14  790.165(2)         3rd      Manufacture, sell, possess, or

15                              deliver hoax bomb.

16  790.221(1)         2nd      Possession of short-barreled

17                              shotgun or machine gun.

18  790.23             2nd      Felons in possession of firearms

19                              or electronic weapons or devices.

20  800.04(6)(c)       3rd      Lewd or lascivious conduct;

21                              offender less than 18 years.

22  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

23                              offender 18 years or older.

24  806.111(1)         3rd      Possess, manufacture, or dispense

25                              fire bomb with intent to damage

26                              any structure or property.

27  812.015(8)         3rd      Retail theft; property stolen is

28                              valued at $300 or more and one or

29                              more specified acts.

30  812.019(1)         2nd      Stolen property; dealing in or

31                              trafficking in.

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  1  812.131(2)(b)      3rd      Robbery by sudden snatching.

  2  812.16(2)          3rd      Owning, operating, or conducting

  3                              a chop shop.

  4  817.034(4)(a)2.    2nd      Communications fraud, value

  5                              $20,000 to $50,000.

  6  817.234(11)(b)     2nd      Insurance fraud; property value

  7                              $20,000 or more but less than

  8                              $100,000.

  9  817.568(2)(b)      2nd      Fraudulent use of personal

10                              identification information; value

11                              of benefit, services received,

12                              payment avoided, or amount of

13                              injury or fraud, $75,000 or more.

14  817.625(2)(b)      2nd      Second or subsequent fraudulent

15                              use of scanning device or

16                              reencoder.

17  825.1025(4)        3rd      Lewd or lascivious exhibition in

18                              the presence of an elderly person

19                              or disabled adult.

20  827.071(4)         2nd      Possess with intent to promote

21                              any photographic material, motion

22                              picture, etc., which includes

23                              sexual conduct by a child.

24  843.01             3rd      Resist officer with violence to

25                              person; resist arrest with

26                              violence.

27  874.05(2)          2nd      Encouraging or recruiting another

28                              to join a criminal street gang;

29                              second or subsequent offense.

30

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  1  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d),

  4                              (2)(a), (2)(b), or (2)(c)4.

  5                              drugs).

  6  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

  7                              cannabis (or other s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs) within 1,000

12                              feet of a child care facility or

13                              school.

14  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

15                              cocaine (or other s.

16                              893.03(1)(a), (1)(b), (1)(d),

17                              (2)(a), (2)(b), or (2)(c)4.

18                              drugs) within 200 feet of

19                              university or public park.

20  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

21                              cannabis or other drug prohibited

22                              under s. 893.03(1)(c), (2)(c)1.,

23                              (2)(c)2., (2)(c)3., (2)(c)5.,

24                              (2)(c)6., (2)(c)7., (2)(c)8.,

25                              (2)(c)9., (3), or (4) within

26                              1,000 feet of property used for

27                              religious services or a specified

28                              business site.

29

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  1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d), or

  4                              (2)(a), (2)(b), or (2)(c)4.

  5                              drugs) within 200 feet of public

  6                              housing facility.

  7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

  8                              other s. 893.03(1)(c), (2)(c)1.,

  9                              (2)(c)2., (2)(c)3., (2)(c)5.,

10                              (2)(c)6., (2)(c)7., (2)(c)8.,

11                              (2)(c)9., (3), or (4) drugs).

12                              (f)  LEVEL 6

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

16                              conviction.

17  775.0875(1)        3rd      Taking firearm from law

18                              enforcement officer.

19  775.21(10)         3rd      Sexual predators; failure to

20                              register; failure to renew

21                              driver's license or

22                              identification card.

23  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

24                              without intent to kill.

25  784.021(1)(b)      3rd      Aggravated assault; intent to

26                              commit felony.

27  784.041            3rd      Felony battery.

28  784.048(3)         3rd      Aggravated stalking; credible

29                              threat.

30  784.048(5)         3rd      Aggravated stalking of person

31                              under 16.

                                  16

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  1  784.07(2)(c)       2nd      Aggravated assault on law

  2                              enforcement officer.

  3  784.074(1)(b)      2nd      Aggravated assault on sexually

  4                              violent predators facility staff.

  5  784.08(2)(b)       2nd      Aggravated assault on a person 65

  6                              years of age or older.

  7  784.081(2)         2nd      Aggravated assault on specified

  8                              official or employee.

  9  784.082(2)         2nd      Aggravated assault by detained

10                              person on visitor or other

11                              detainee.

12  784.083(2)         2nd      Aggravated assault on code

13                              inspector.

14  787.02(2)          3rd      False imprisonment; restraining

15                              with purpose other than those in

16                              s. 787.01.

17  790.115(2)(d)      2nd      Discharging firearm or weapon on

18                              school property.

19  790.161(2)         2nd      Make, possess, or throw

20                              destructive device with intent to

21                              do bodily harm or damage

22                              property.

23  790.164(1)         2nd      False report of deadly explosive,

24                              weapon of mass destruction, or

25                              act of arson or violence to state

26                              property.

27  790.19             2nd      Shooting or throwing deadly

28                              missiles into dwellings, vessels,

29                              or vehicles.

30

31

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  1  794.011(8)(a)      3rd      Solicitation of minor to

  2                              participate in sexual activity by

  3                              custodial adult.

  4  794.05(1)          2nd      Unlawful sexual activity with

  5                              specified minor.

  6  800.04(5)(d)       3rd      Lewd or lascivious molestation;

  7                              victim 12 years of age or older

  8                              but less than 16 years; offender

  9                              less than 18 years.

10  800.04(6)(b)       2nd      Lewd or lascivious conduct;

11                              offender 18 years of age or

12                              older.

13  806.031(2)         2nd      Arson resulting in great bodily

14                              harm to firefighter or any other

15                              person.

16  810.02(3)(c)       2nd      Burglary of occupied structure;

17                              unarmed; no assault or battery.

18  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

19                              but less than $100,000, grand

20                              theft in 2nd degree.

21  812.014(2)(b)2.    2nd      Property stolen cargo valued at

22                              less than $50,000, grand theft in

23                              2nd degree.

24  812.015(9)         2nd      Retail theft; property stolen

25                              $300 or more; second or

26                              subsequent conviction.

27  812.13(2)(c)       2nd      Robbery, no firearm or other

28                              weapon (strong-arm robbery).

29  817.034(4)(a)1.    1st      Communications fraud, value

30                              greater than $50,000.

31

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  1  817.4821(5)        2nd      Possess cloning paraphernalia

  2                              with intent to create cloned

  3                              cellular telephones.

  4  825.102(1)         3rd      Abuse of an elderly person or

  5                              disabled adult.

  6  825.102(3)(c)      3rd      Neglect of an elderly person or

  7                              disabled adult.

  8  825.1025(3)        3rd      Lewd or lascivious molestation of

  9                              an elderly person or disabled

10                              adult.

11  825.103(2)(c)      3rd      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at less than $20,000.

14  827.03(1)          3rd      Abuse of a child.

15  827.03(3)(c)       3rd      Neglect of a child.

16  827.071(2)&(3)     2nd      Use or induce a child in a sexual

17                              performance, or promote or direct

18                              such performance.

19  836.05             2nd      Threats; extortion.

20  836.10             2nd      Written threats to kill or do

21                              bodily injury.

22  843.12             3rd      Aids or assists person to escape.

23  847.0135(3)        3rd      Solicitation of a child, via a

24                              computer service, to commit an

25                              unlawful sex act.

26  914.23             2nd      Retaliation against a witness,

27                              victim, or informant, with bodily

28                              injury.

29  943.0435(9)        3rd      Sex offenders; failure to comply

30                              with reporting requirements.

31

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  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27  456.065(2)         3rd      Practicing a health care

28                              profession without a license.

29

30

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  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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  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

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  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

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  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

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  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.

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  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

30

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  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), (2)(b), or

  4                              (2)(c)4. drugs).

  5

  6  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  7                              than 25 lbs., less than 2,000

  8                              lbs.

  9

10  893.135 (1)(b)1.a. 1st      Trafficking in cocaine, more than

11                              28 grams, less than 200 grams.

12  893.135

13   (1)(c)1.a.        1st      Trafficking in illegal drugs,

14                              more than 4 grams, less than 14

15                              grams.

16  893.135

17   (1)(d)1.          1st      Trafficking in phencyclidine,

18                              more than 28 grams, less than 200

19                              grams.

20  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

21                              than 200 grams, less than 5

22                              kilograms.

23  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

24                              than 14 grams, less than 28

25                              grams.

26  893.135

27   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

28                              grams or more, less than 14

29                              grams.

30

31

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  1  893.135

  2   (1)(h)1.a.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              1 kilogram or more, less than 5

  5                              kilograms.

  6  893.135(1)(j)1.a.

  7   893.135(1)(i)1.a. 1st      Trafficking in 1,4-Butanediol, 1

  8                              kilogram or more, less than 5

  9                              kilograms.

10  893.135(1)(k)2.a.

11   893.135(1)(j)2.a. 1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22                              (h)  LEVEL 8

23  316.193

24   (3)(c)3.a.        2nd      DUI manslaughter.

25  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

26  560.123(8)(b)2.    2nd      Failure to report currency or

27                              payment instruments totaling or

28                              exceeding $20,000, but less than

29                              $100,000 by money transmitter.

30

31

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  1  560.125(5)(b)      2nd      Money transmitter business by

  2                              unauthorized person, currency or

  3                              payment instruments totaling or

  4                              exceeding $20,000, but less than

  5                              $100,000.

  6  655.50(10)(b)2.    2nd      Failure to report financial

  7                              transactions totaling or

  8                              exceeding $20,000, but less than

  9                              $100,000 by financial

10                              institutions.

11  777.03(2)(a)       1st      Accessory after the fact, capital

12                              felony.

13  782.04(4)          2nd      Killing of human without design

14                              when engaged in act or attempt of

15                              any felony other than arson,

16                              sexual battery, robbery,

17                              burglary, kidnapping, aircraft

18                              piracy, or unlawfully discharging

19                              bomb.

20  782.051(2)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony not

23                              enumerated in s. 782.04(3).

24  782.071(1)(b)      1st      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         1st      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30

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  1  790.161(3)         1st      Discharging a destructive device

  2                              which results in bodily harm or

  3                              property damage.

  4  794.011(5)         2nd      Sexual battery, victim 12 years

  5                              or over, offender does not use

  6                              physical force likely to cause

  7                              serious injury.

  8  800.04(4)          2nd      Lewd or lascivious battery.

  9  806.01(1)          1st      Maliciously damage dwelling or

10                              structure by fire or explosive,

11                              believing person in structure.

12  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

13  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

14                              or dangerous weapon.

15  810.02(2)(c)       1st      Burglary of a dwelling or

16                              structure causing structural

17                              damage or $1,000 or more property

18                              damage.

19  812.13(2)(b)       1st      Robbery with a weapon.

20  812.135(2)         1st      Home-invasion robbery.

21  825.102(2)         2nd      Aggravated abuse of an elderly

22                              person or disabled adult.

23  825.103(2)(a)      1st      Exploiting an elderly person or

24                              disabled adult and property is

25                              valued at $100,000 or more.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

29

30

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  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

10  893.13(1)(b)       1st      Sell or deliver in excess of 10

11                              grams of any substance specified

12                              in s. 893.03(1)(a) or (b).

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

20                              than 2,000 lbs., less than 10,000

21                              lbs.

22  893.135

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

24                              200 grams, less than 400 grams.

25  893.135

26   (1)(c)1.b.        1st      Trafficking in illegal drugs,

27                              more than 14 grams, less than 28

28                              grams.

29

30

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  1  893.135

  2   (1)(d)1.b.        1st      Trafficking in phencyclidine,

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

  6   (1)(e)1.b.        1st      Trafficking in methaqualone, more

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

10   (1)(f)1.b.        1st      Trafficking in amphetamine, more

11                              than 28 grams, less than 200

12                              grams.

13  893.135

14   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

15                              grams or more, less than 28

16                              grams.

17  893.135

18   (1)(h)1.b.        1st      Trafficking in

19                              gamma-hydroxybutyric acid (GHB),

20                              5 kilograms or more, less than 10

21                              kilograms.

22  893.135(1)(j)1.b.

23   893.135(1)(i)1.b. 1st      Trafficking in 1,4-Butanediol, 5

24                              kilograms or more, less than 10

25                              kilograms.

26  893.135(1)(k)2.b.

27   893.135(1)(j)2.b. 1st      Trafficking in Phenethylamines,

28                              200 grams or more, less than 400

29                              grams.

30

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  1  895.03(1)          1st      Use or invest proceeds derived

  2                              from pattern of racketeering

  3                              activity.

  4  895.03(2)          1st      Acquire or maintain through

  5                              racketeering activity any

  6                              interest in or control of any

  7                              enterprise or real property.

  8  895.03(3)          1st      Conduct or participate in any

  9                              enterprise through pattern of

10                              racketeering activity.

11  896.101(5)(b)      2nd      Money laundering, financial

12                              transactions totaling or

13                              exceeding $20,000, but less than

14                              $100,000.

15  896.104(4)(a)2.    2nd      Structuring transactions to evade

16                              reporting or registration

17                              requirements, financial

18                              transactions totaling or

19                              exceeding $20,000 but less than

20                              $100,000.

21                              (i)  LEVEL 9

22  316.193

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

24                              render aid or give information.

25  560.123(8)(b)3.    1st      Failure to report currency or

26                              payment instruments totaling or

27                              exceeding $100,000 by money

28                              transmitter.

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

  2                              unauthorized person, currency, or

  3                              payment instruments totaling or

  4                              exceeding $100,000.

  5  655.50(10)(b)3.    1st      Failure to report financial

  6                              transactions totaling or

  7                              exceeding $100,000 by financial

  8                              institution.

  9  775.0844 755.0844  1st      Aggravated white collar crime.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

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

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

  9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  827.03(2)          1st      Aggravated child abuse.

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  1  847.0145(1)        1st      Selling, or otherwise

  2                              transferring custody or control,

  3                              of a minor.

  4  847.0145(2)        1st      Purchasing, or otherwise

  5                              obtaining custody or control, of

  6                              a minor.

  7  859.01             1st      Poisoning or introducing

  8                              bacteria, radioactive materials,

  9                              viruses, or chemical compounds

10                              into food, drink, medicine, or

11                              water with intent to kill or

12                              injure another person.

13  893.135            1st      Attempted capital trafficking

14                              offense.

15  893.135(1)(a)3.    1st      Trafficking in cannabis, more

16                              than 10,000 lbs.

17  893.135

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

19                              400 grams, less than 150

20                              kilograms.

21  893.135

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

23                              more than 28 grams, less than 30

24                              kilograms.

25  893.135

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

27                              more than 400 grams.

28  893.135

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

30                              than 25 kilograms.

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  1  893.135

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

  3                              than 200 grams.

  4  893.135

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

  6                              gamma-hydroxybutyric acid (GHB),

  7                              10 kilograms or more.

  8  893.135(1)(j)1.c.

  9   893.135(1)(i)1.c. 1st      Trafficking in 1,4-Butanediol, 10

10                              kilograms or more.

11  893.135(1)(k)2.c.

12   893.135(1)(j)2.c. 1st      Trafficking in Phenethylamines,

13                              400 grams or more.

14  896.101(5)(c)      1st      Money laundering, financial

15                              instruments totaling or exceeding

16                              $100,000.

17  896.104(4)(a)3.    1st      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions totaling or

21                              exceeding $100,000.

22         Section 6.  This act shall take effect July 1, 2002.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides that it is a second-degree felony to make a
      false report concerning the placing or planting of a
  4    weapon of mass destruction. Provides that the court may
      not reduce, suspend, or withhold adjudication of guilt or
  5    imposition of sentence for a person convicted of
      committing such offense. Revises the elements of the
  6    offense of planting a hoax bomb. Increases the penalty
      for such offense from a third-degree felony to a
  7    second-degree felony. Redefines the term "weapon of mass
      destruction" to include any biological agent, a device
  8    designed to release radiation, or a toxin, vector, or
      delivery system. Provides that the court may not reduce,
  9    suspend, or withhold adjudication of guilt or imposition
      of sentence for a person convicted of manufacturing,
10    possessing, selling, sending, or using a weapon of mass
      destruction. Provides that it is a second-degree felony
11    to possess, display, or threaten to use a hoax weapon of
      mass destruction while committing or attempting to commit
12    a felony. (See bill for details.)

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