Senate Bill sb0438c2

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    Florida Senate - 2002                     CS for CS for SB 438

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




    309-2278-02

  1                      A bill to be entitled

  2         An act relating to piracy of transportation;

  3         amending s. 860.16, F.S.; specifying the

  4         elements constituting the offenses of

  5         aggravated aircraft piracy; providing

  6         penalties; creating s. 860.161, F.S.; providing

  7         definitions; specifying the elements

  8         constituting the offense of vessel piracy;

  9         providing a penalty; specifying the offenses

10         constituting the offenses of aggravated vessel

11         piracy; providing penalties; creating s.

12         860.162, F.S.; providing definitions;

13         specifying the elements constituting the

14         offense of ground transport piracy; providing a

15         penalty; specifying the elements constituting

16         the offenses of aggravated ground transport

17         piracy; providing penalties; amending s.

18         921.0022, F.S., relating to the offense

19         severity ranking chart of the Criminal

20         Punishment Code; conforming provisions to

21         changes made by the act; providing an effective

22         date.

23  

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

25  

26         Section 1.  Section 860.16, Florida Statutes, is

27  amended to read:

28         860.16  Aircraft piracy; aggravated aircraft piracy;

29  penalties penalty.--

30         (1)  Whoever without lawful authority seizes or

31  exercises control, by use or threat of force or violence and

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  1  with wrongful intent, of any aircraft containing a

  2  nonconsenting person or persons within this state commits is

  3  guilty of the offense crime of aircraft piracy, a felony of

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

  5  775.083, or s. 775.084.

  6         (2)  Except as provided in subsection (3) or subsection

  7  (4), any person who without lawful authority seizes or

  8  exercises control, by use or threat of force or violence and

  9  with wrongful intent, of any aircraft containing a

10  nonconsenting person within this state and who intentionally

11  crashes that aircraft commits the offense of aggravated

12  aircraft piracy, a felony of the first degree, punishable by a

13  minimum term of life imprisonment or as provided in s.

14  775.082, s. 775.083, or s. 775.084.

15         (3)  A person who violates subsection (2) and, in the

16  course of such violation, causes the permanent physical

17  injury, impairment, or disability of another person commits

18  the offense of aggravated aircraft piracy, a life felony,

19  punishable by a minimum term of life imprisonment as provided

20  in s. 775.082, s. 775.083, or s. 775.084.

21         (4)  A person who violates subsection (2) and, in the

22  course of such violation, causes the death of another person

23  commits the offense of aggravated aircraft piracy, a capital

24  felony, punishable as provided in s. 775.082.

25         Section 2.  Section 860.161, Florida Statutes, is

26  created to read:

27         860.161  Vessel piracy; aggravated vessel piracy;

28  definitions; penalties.--

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

30         (a)  "Vessel" means a watercraft that is propelled by

31  power other than wind or muscular power and that is used to

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  1  transport persons or property. The term does not include a

  2  seaplane, personal watercraft, specialty prop-craft, or

  3  inflatable watercraft.

  4         (b)  "Personal watercraft" means a watercraft that uses

  5  an inboard motor powering a water jet pump as its primary

  6  source of motive power and that is designed to be operated by

  7  a person sitting, standing, or kneeling on the watercraft,

  8  rather than in the conventional manner of sitting or standing

  9  inside the watercraft.

10         (c)  "Specialty prop-craft" means a watercraft that is

11  similar in appearance and operation to a personal watercraft

12  but that is powered by an outboard or propeller-driven motor.

13         (2)  Any person who without lawful authority seizes or

14  exercises control, by use or threat of force or violence and

15  with wrongful intent, of any vessel containing a nonconsenting

16  person within this state commits the offense of vessel piracy,

17  a felony of the first degree, punishable as provided in s.

18  775.082, s. 775.083, or s. 775.084.

19         (3)  Except as provided in subsection (4) or subsection

20  (5), any person who without lawful authority seizes or

21  exercises control, by use or threat of force or violence and

22  with wrongful intent, of any vessel containing a nonconsenting

23  person within this state and who intentionally crashes or

24  sinks that vessel commits the offense of aggravated vessel

25  piracy, a felony of the first degree, punishable by a minimum

26  term of life imprisonment or as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         (4)  Any person who violates subsection (3) and, in the

29  course of such violation, causes the permanent physical

30  injury, impairment, or disability of another person commits

31  the offense of aggravated vessel piracy, a life felony,

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  1  punishable by a minimum term of life imprisonment as provided

  2  in s. 775.082, s. 775.083, or s. 775.084.

  3         (5)  Any person who violates subsection (3) and, in the

  4  course of such violation, causes the death of another person

  5  commits the offense of aggravated vessel piracy, a capital

  6  felony, punishable as provided in s. 775.082.

  7         Section 3.  Section 860.162, Florida Statutes, is

  8  created to read:

  9         860.162  Ground transport piracy; aggravated ground

10  transport piracy; definitions; penalties.--

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

12         (a)  "Ground transport" means a motor vehicle, railroad

13  train, or other vehicle that is propelled by power other than

14  muscular power, that runs upon a single rail or upon a track

15  or guideway, and that is used to transport persons or

16  property.

17         (b)  "Motor vehicle" means a vehicle that is propelled

18  by power other than muscular power, that is operated on the

19  roads of this state, and that is used to transport persons or

20  property. The term does not include a traction engine, road

21  roller, motorcycle, moped, scooter, or bicycle.

22         (c)  "Railroad train" means a steam engine,

23  electric-powered engine, or other motor engine that is

24  operated upon rails, with or without a car coupled to the

25  engine, or a car that is or can be coupled to such an engine

26  and that is operated upon rails.

27         (2)  Any person who without lawful authority seizes or

28  exercises control, by use or threat of force or violence and

29  with wrongful intent, of any ground transport containing a

30  nonconsenting person within this state commits the offense of

31  ground transport piracy, a felony of the first degree,

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

  2  775.084.

  3         (3)  Except as provided in subsection (4) or subsection

  4  (5), any person who without lawful authority seizes or

  5  exercises control, by use or threat of force or violence and

  6  with wrongful intent, of any ground transport containing a

  7  nonconsenting person within this state and who intentionally

  8  crashes that ground transport or intentionally detaches that

  9  ground transport from a rail or rails, a track, or a guideway

10  commits the offense of aggravated ground transport piracy, a

11  felony of the first degree, punishable by a minimum term of

12  life imprisonment or as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (4)  Any person who violates subsection (3) and, in the

15  course of such violation, causes the permanent physical

16  injury, impairment, or disability of another person commits

17  the offense of aggravated ground transport piracy, a life

18  felony, punishable by a minimum term of life imprisonment as

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

20         (5)  Any person who violates subsection (3) and, in the

21  course of such violation, causes the death of another person

22  commits the offense of aggravated ground transport piracy, a

23  capital felony, punishable as provided in s. 775.082.

24         Section 4.  Paragraphs (h), (i), and (j) 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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  1  Florida           Felony

  2  Statute           Degree             Description

  3  

  4                     

  5                              (h)  LEVEL 8

  6  316.193

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

  8  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

  9  560.123(8)(b)2.    2nd      Failure to report currency or

10                              payment instruments totaling or

11                              exceeding $20,000, but less than

12                              $100,000 by money transmitter.

13  560.125(5)(b)      2nd      Money transmitter business by

14                              unauthorized person, currency or

15                              payment instruments totaling or

16                              exceeding $20,000, but less than

17                              $100,000.

18  655.50(10)(b)2.    2nd      Failure to report financial

19                              transactions totaling or

20                              exceeding $20,000, but less than

21                              $100,000 by financial

22                              institutions.

23  777.03(2)(a)       1st      Accessory after the fact, capital

24                              felony.

25  782.04(4)          2nd      Killing of human without design

26                              when engaged in act or attempt of

27                              any felony other than arson,

28                              sexual battery, robbery,

29                              burglary, kidnapping, aircraft

30                              piracy, or unlawfully discharging

31                              bomb.

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  1  782.051(2)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony not

  4                              enumerated in s. 782.04(3).

  5  782.071(1)(b)      1st      Committing vehicular homicide and

  6                              failing to render aid or give

  7                              information.

  8  782.072(2)         1st      Committing vessel homicide and

  9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

14  794.011(5)         2nd      Sexual battery, victim 12 years

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  800.04(4)          2nd      Lewd or lascivious battery.

19  806.01(1)          1st      Maliciously damage dwelling or

20                              structure by fire or explosive,

21                              believing person in structure.

22  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

23  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

24                              or dangerous weapon.

25  810.02(2)(c)       1st      Burglary of a dwelling or

26                              structure causing structural

27                              damage or $1,000 or more property

28                              damage.

29  812.13(2)(b)       1st      Robbery with a weapon.

30  812.135(2)         1st      Home-invasion robbery.

31  

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  1  825.102(2)         2nd      Aggravated abuse of an elderly

  2                              person or disabled adult.

  3  825.103(2)(a)      1st      Exploiting an elderly person or

  4                              disabled adult and property is

  5                              valued at $100,000 or more.

  6  837.02(2)          2nd      Perjury in official proceedings

  7                              relating to prosecution of a

  8                              capital felony.

  9  837.021(2)         2nd      Making contradictory statements

10                              in official proceedings relating

11                              to prosecution of a capital

12                              felony.

13  860.121(2)(c)      1st      Shooting at or throwing any

14                              object in path of railroad

15                              vehicle resulting in great bodily

16                              harm.

17  860.16(1) 860.16   1st      Aircraft piracy.

18  860.161(2)         1st      Vessel piracy.

19  860.162(2)         1st      Ground transport piracy.

20  893.13(1)(b)       1st      Sell or deliver in excess of 10

21                              grams of any substance specified

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

23  893.13(2)(b)       1st      Purchase in excess of 10 grams of

24                              any substance specified in s.

25                              893.03(1)(a) or (b).

26  893.13(6)(c)       1st      Possess in excess of 10 grams of

27                              any substance specified in s.

28                              893.03(1)(a) or (b).

29  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

31                              lbs.

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  1  893.135

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

  3                              200 grams, less than 400 grams.

  4  893.135

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

  6                              more than 14 grams, less than 28

  7                              grams.

  8  893.135

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

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

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

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

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

18                              than 28 grams, less than 200

19                              grams.

20  893.135

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

22                              grams or more, less than 28

23                              grams.

24  893.135

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

26                              gamma-hydroxybutyric acid (GHB),

27                              5 kilograms or more, less than 10

28                              kilograms.

29  

30  

31  

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  1  893.135

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

  3                              kilograms or more, less than 10

  4                              kilograms.

  5  893.135

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

  7                              200 grams or more, less than 400

  8                              grams.

  9  895.03(1)          1st      Use or invest proceeds derived

10                              from pattern of racketeering

11                              activity.

12  895.03(2)          1st      Acquire or maintain through

13                              racketeering activity any

14                              interest in or control of any

15                              enterprise or real property.

16  895.03(3)          1st      Conduct or participate in any

17                              enterprise through pattern of

18                              racketeering activity.

19  896.101(5)(b)      2nd      Money laundering, financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000.

23  896.104(4)(a)2.    2nd      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $20,000 but less than

28                              $100,000.

29                              (i)  LEVEL 9

30  

31  

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  1  316.193

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

  3                              render aid or give information.

  4  560.123(8)(b)3.    1st      Failure to report currency or

  5                              payment instruments totaling or

  6                              exceeding $100,000 by money

  7                              transmitter.

  8  560.125(5)(c)      1st      Money transmitter business by

  9                              unauthorized person, currency, or

10                              payment instruments totaling or

11                              exceeding $100,000.

12  655.50(10)(b)3.    1st      Failure to report financial

13                              transactions totaling or

14                              exceeding $100,000 by financial

15                              institution.

16  755.0844           1st      Aggravated white collar crime.

17  782.04(1)          1st      Attempt, conspire, or solicit to

18                              commit premeditated murder.

19  782.04(3)          1st,PBL   Accomplice to murder in

20                              connection with arson, sexual

21                              battery, robbery, burglary, and

22                              other specified felonies.

23  782.051(1)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony enumerated in

26                              s. 782.04(3).

27  782.07(2)          1st      Aggravated manslaughter of an

28                              elderly person or disabled adult.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

31  

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

  2                              or facilitate commission of any

  3                              felony.

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

  5                              interfere with performance of any

  6                              governmental or political

  7                              function.

  8  787.02(3)(a)       1st      False imprisonment; child under

  9                              age 13; perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  790.161            1st      Attempted capital destructive

15                              device offense.

16  790.166(2)         1st,PBL  Possessing, selling, using, or

17                              attempting to use a weapon of

18                              mass destruction.

19  794.011(2)         1st      Attempted sexual battery; victim

20                              less than 12 years of age.

21  794.011(2)         Life     Sexual battery; offender younger

22                              than 18 years and commits sexual

23                              battery on a person less than 12

24                              years.

25  794.011(4)         1st      Sexual battery; victim 12 years

26                              or older, certain circumstances.

27  794.011(8)(b)      1st      Sexual battery; engage in sexual

28                              conduct with minor 12 to 18 years

29                              by person in familial or

30                              custodial authority.

31  

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

  2                              victim less than 12 years;

  3                              offender 18 years or older.

  4  812.13(2)(a)       1st,PBL  Robbery with firearm or other

  5                              deadly weapon.

  6  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

  7                              deadly weapon.

  8  827.03(2)          1st      Aggravated child abuse.

  9  847.0145(1)        1st      Selling, or otherwise

10                              transferring custody or control,

11                              of a minor.

12  847.0145(2)        1st      Purchasing, or otherwise

13                              obtaining custody or control, of

14                              a minor.

15  859.01             1st      Poisoning or introducing

16                              bacteria, radioactive materials,

17                              viruses, or chemical compounds

18                              into food, drink, medicine, or

19                              water with intent to kill or

20                              injure another person.

21  860.160(2)         1st,PBL  Aggravated aircraft piracy.

22  860.161(3)         1st,PBL  Aggravated vessel piracy.

23  860.162(3)         1st,PBL  Aggravated ground transport

24                              piracy.

25  893.135            1st      Attempted capital trafficking

26                              offense.

27  893.135(1)(a)3.    1st      Trafficking in cannabis, more

28                              than 10,000 lbs.

29  

30  

31  

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  1  893.135

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

  3                              400 grams, less than 150

  4                              kilograms.

  5  893.135

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

  7                              more than 28 grams, less than 30

  8                              kilograms.

  9  893.135

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

11                              more than 400 grams.

12  893.135

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

14                              than 25 kilograms.

15  893.135

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

17                              than 200 grams.

18  893.135

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

20                              gamma-hydroxybutyric acid (GHB),

21                              10 kilograms or more.

22  893.135

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

24                              kilograms or more.

25  893.135

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

27                              400 grams or more.

28  896.101(5)(c)      1st      Money laundering, financial

29                              instruments totaling or exceeding

30                              $100,000.

31  

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

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions totaling or

  5                              exceeding $100,000.

  6                              (j)  LEVEL 10

  7  782.04(2)          1st,PBL  Unlawful killing of human; act is

  8                              homicide, unpremeditated.

  9  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

10                              upon or terrorize victim.

11  787.01(3)(a)       Life     Kidnapping; child under age 13,

12                              perpetrator also commits

13                              aggravated child abuse, sexual

14                              battery, or lewd or lascivious

15                              battery, molestation, conduct, or

16                              exhibition.

17  782.07(3)          1st      Aggravated manslaughter of a

18                              child.

19  794.011(3)         Life     Sexual battery; victim 12 years

20                              or older, offender uses or

21                              threatens to use deadly weapon or

22                              physical force to cause serious

23                              injury.

24  860.160(3)         Life     Aggravated aircraft piracy

25                              causing permanent physical

26                              injury, impairment, or

27                              disability.

28  860.161(4)         Life     Aggravated vessel piracy causing

29                              permanent physical injury,

30                              impairment, or disability.

31  

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  1  860.162(4)         Life     Aggravated ground transport

  2                              piracy causing permanent physical

  3                              injury, impairment, or

  4                              disability.

  5  876.32             1st      Treason against the state.

  6         Section 5.  This act shall take effect July 1, 2002.

  7  

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                            CS/SB 438

10                                 

11  Specifies that the offenses of aggravated aircraft piracy,
    aggravated vessel piracy, and aggravated ground transport
12  piracy in which death does not occur require a minimum
    sentence of life imprisonment.
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