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
1
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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
2
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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
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1 Florida Felony
2 Statute Degree Description
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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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