House Bill hb0719

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    Florida House of Representatives - 2002                 HB 719

        By the Committee on Security, Select and Representatives
    Goodlette, Gelber, Ball, Green, Cusack, Cantens, Bense, Hart
    and Machek




  1                      A bill to be entitled

  2         An act relating to poisoning; amending s.

  3         859.01, F.S.; prohibiting the introduction of

  4         bacteria, viruses, or chemical compounds into

  5         food, drinks, medicines, or water systems under

  6         certain circumstances; prohibiting the

  7         introduction of poisons, bacteria, viruses, or

  8         chemical compounds into certain consumer

  9         products under certain circumstances; providing

10         penalties; amending s. 921.0022, F.S., to

11         conform to changes made by the act; providing

12         an effective date.

13

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

15

16         Section 1.  Section 859.01, Florida Statutes, is

17  amended to read:

18         859.01  Poisoning or adulterating food, drink,

19  medicine, consumer products, or water.--Whoever introduces,

20  adds, or mingles any poison, bacterium, virus, or chemical

21  compound with food, drink, or medicine, or any product

22  designed to be ingested, consumed, or applied to the body

23  with intent to kill or injure another person, or willfully

24  poisons or introduces, adds, or mingles any bacterium, virus,

25  or chemical compound into any spring, well, or reservoir of

26  water with such intent, commits shall be guilty of a felony of

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

28  775.083, or s. 775.084.

29         Section 2.  Paragraph (i) of subsection (3) of section

30  921.0022, Florida Statutes, is amended to read:

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  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8                              (i)  LEVEL 9

  9  316.193

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

11                              render aid or give information.

12  560.123(8)(b)3.    1st      Failure to report currency or

13                              payment instruments totaling or

14                              exceeding $100,000 by money

15                              transmitter.

16  560.125(5)(c)      1st      Money transmitter business by

17                              unauthorized person, currency, or

18                              payment instruments totaling or

19                              exceeding $100,000.

20  655.50(10)(b)3.    1st      Failure to report financial

21                              transactions totaling or

22                              exceeding $100,000 by financial

23                              institution.

24  755.0844           1st      Aggravated white collar crime.

25  782.04(1)          1st      Attempt, conspire, or solicit to

26                              commit premeditated murder.

27  782.04(3)          1st,PBL   Accomplice to murder in

28                              connection with arson, sexual

29                              battery, robbery, burglary, and

30                              other specified felonies.

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  1  782.051(1)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony enumerated in

  4                              s. 782.04(3).

  5  782.07(2)          1st      Aggravated manslaughter of an

  6                              elderly person or disabled adult.

  7  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  8                              reward or as a shield or hostage.

  9  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

10                              or facilitate commission of any

11                              felony.

12  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

13                              interfere with performance of any

14                              governmental or political

15                              function.

16  787.02(3)(a)       1st      False imprisonment; child under

17                              age 13; perpetrator also commits

18                              aggravated child abuse, sexual

19                              battery, or lewd or lascivious

20                              battery, molestation, conduct, or

21                              exhibition.

22  790.161            1st      Attempted capital destructive

23                              device offense.

24  790.166(2)         1st,PBL  Possessing, selling, using, or

25                              attempting to use a weapon of

26                              mass destruction.

27  794.011(2)         1st      Attempted sexual battery; victim

28                              less than 12 years of age.

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  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  800.04(5)(b)       1st      Lewd or lascivious molestation;

12                              victim less than 12 years;

13                              offender 18 years or older.

14  812.13(2)(a)       1st,PBL  Robbery with firearm or other

15                              deadly weapon.

16  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

17                              deadly weapon.

18  827.03(2)          1st      Aggravated child abuse.

19  847.0145(1)        1st      Selling, or otherwise

20                              transferring custody or control,

21                              of a minor.

22  847.0145(2)        1st      Purchasing, or otherwise

23                              obtaining custody or control, of

24                              a minor.

25  859.01             1st      Poisoning or introducing

26                              bacteria, viruses, or chemical

27                              compounds into food, drink,

28                              medicine, consumer products, or

29                              water with intent to kill or

30                              injure another person.

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  1  893.135            1st      Attempted capital trafficking

  2                              offense.

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

  4                              than 10,000 lbs.

  5  893.135

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

  7                              400 grams, less than 150

  8                              kilograms.

  9  893.135

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

11                              more than 28 grams, less than 30

12                              kilograms.

13  893.135

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

15                              more than 400 grams.

16  893.135

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

18                              than 25 kilograms.

19  893.135

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

21                              than 200 grams.

22  893.135

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

24                              gamma-hydroxybutyric acid (GHB),

25                              10 kilograms or more.

26  893.135

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

28                              kilograms or more.

29  893.135

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

31                              400 grams or more.

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

  2                              instruments totaling or exceeding

  3                              $100,000.

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

  5                              reporting or registration

  6                              requirements, financial

  7                              transactions totaling or

  8                              exceeding $100,000.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

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      Prohibits the introduction of bacteria, viruses, or
15    chemical compounds into food, drinks, medicines, or water
      systems under certain circumstances. Prohibits the
16    introduction of poisons, bacteria, viruses, or chemical
      compounds into certain consumer products under certain
17    circumstances. Provides penalties.

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