Senate Bill sb0998e2

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  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         authorizing court to order restitution;

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

14         elements of the offense of planting a hoax bomb

15         to prohibit sending, mailing, or using a hoax

16         bomb or threatening, attempting, or conspiring

17         to use a hoax bomb; enhancing the penalty

18         imposed for committing such offense;

19         authorizing court to order restitution;

20         amending s. 790.166, F.S.; redefining the term

21         "weapon of mass destruction" to include a

22         device or object that is intended to kill or

23         injure an animal, that involves a biological

24         agent, or that is designed to release radiation

25         or any biological agent, toxin, vector, or

26         delivery system; prohibiting the court from

27         suspending or withholding adjudication of guilt

28         or imposition of sentence for specified

29         offenses involving a hoax weapon of mass

30         destruction; providing that proof a device

31         caused injury or death or released radiation is


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  1         prima facie evidence that the device was

  2         designed or intended to cause such death,

  3         injury, or release; providing that it is a

  4         felony of the second degree to possess,

  5         display, or threaten to use a hoax weapon of

  6         mass destruction while committing or attempting

  7         to commit a felony; providing that certain

  8         devices or instruments are not weapons of mass

  9         destruction; authorizing court to order

10         restitution; amending s. 921.0022, F.S.,

11         relating to the offense severity ranking chart

12         of the Criminal Punishment Code; conforming

13         cross-references and provisions to changes made

14         by the act; providing an effective date.

15

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

17

18         Section 1.  Section 790.163, Florida Statutes, is

19  amended to read:

20         790.163  False report about planting bomb, or

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

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

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

24  misinform any person, concerning the placing or planting of

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

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

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

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

29  s. 775.084.

30         (2)  Notwithstanding any other law, adjudication of

31  guilt or imposition of sentence for a violation of this


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

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

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

  4  violation of this section and who provides substantial

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

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

  7  principals.

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

  9  section knowingly made a false report is prima facie evidence

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

11  otherwise misinform any person.

12         (4)  In addition to any other penalty provided by law

13  with respect to any person who is convicted of a violation of

14  this section that resulted in the mobilization or action of

15  any law enforcement officer or any state or local agency, a

16  person convicted of a violation of this section may be

17  required by the court to pay restitution for all of the costs

18  and damages arising from the criminal conduct.

19         Section 2.  Section 790.164, Florida Statutes, is

20  amended to read:

21         790.164  False reports concerning planting a bomb,

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

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

24  reward.--

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

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

27  misinform any person, concerning the placing or planting of

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

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

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

31  or any political subdivision.  Any person violating the


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

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

  3  775.083, or s. 775.084.

  4         (2)  Notwithstanding any other law, adjudication of

  5  guilt or imposition of sentence for a violation of this

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

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

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

  9  violation of this section and who provides substantial

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

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

12  principals.

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

14  section knowingly made a false report is prima facie evidence

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

16  otherwise misinform any person.

17         (4)(2)(a)  There shall be a $5,000 reward for the

18  giving of information to any law enforcement agency in the

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

20  any person violating the provisions of this section.  Any

21  person claiming such reward shall apply to the law enforcement

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

23  Law Enforcement from the deficiency fund.

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

25  case, regardless of how many persons are arrested and

26  convicted in connection with the case and regardless of how

27  many persons submit claims for the reward.

28         (c)  The Department of Law Enforcement shall establish

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

30  circuit judge in whose jurisdiction the action occurs shall

31


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  1  review all such applications and make final determination as

  2  to those applicants entitled to receive an award.

  3         (d)  In addition to any other penalty provided by law

  4  with respect to any person who is convicted of a violation of

  5  this section that resulted in the mobilization or action of

  6  any law enforcement officer or any state or local agency, a

  7  person convicted of a violation of this section may be

  8  required by the court to pay restitution for all of the costs

  9  and damages arising from the criminal conduct.

10         Section 3.  Section 790.165, Florida Statutes, is

11  amended to read:

12         790.165  Planting of "hoax bomb" prohibited;

13  penalties.--

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

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

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

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

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

19  inoperative facsimile or imitation of such a destructive

20  device or explosive, or contains no destructive device or

21  explosive as was represented.

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

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

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

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

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

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

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

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

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

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


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

  2  775.084. Notwithstanding any other law the provisions of s.

  3  948.01, adjudication of guilt or imposition of sentence may

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

  5  state attorney or defense attorney may move the sentencing

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

  7  convicted of a violation of this section and who provides

  8  substantial assistance in the identification, arrest, or

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

10  coconspirators, or principals.

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

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

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

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

15  other lawful activity within the scope of his or her

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

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

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

19  limited to, security personnel in airports and other

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

21  company or production using utilizing a hoax bomb as property

22  during the course of a rehearsal or performance.

23         (5)  In addition to any other penalty provided by law

24  with respect to any person who is convicted of a violation of

25  this section that resulted in the mobilization or action of

26  any law enforcement officer or any state or local agency, a

27  person convicted of a violation of this section may be

28  required by the court to pay restitution for all of the costs

29  and damages arising from the criminal conduct.

30         Section 4.  Section 790.166, Florida Statutes, is

31  amended to read:


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  1         790.166  Manufacture, possession, sale, delivery,

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

  3  mass destruction or hoax weapon of mass destruction

  4  prohibited; definitions; penalties.--

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

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

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

  8  to cause death or serious bodily injury to any human or

  9  animal, or severe emotional or mental harm to any human,

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

11  poisonous chemicals, or their precursors;

12         2.  Any device or object involving a biological agent

13  disease organism; or

14         3.  Any device or object that is designed or intended

15  to release radiation or radioactivity at a level dangerous to

16  human or animal life; or.

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

18  system.

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

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

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

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

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

24  facsimile, imitation, counterfeit, or representation of a

25  weapon of mass destruction which does not meet the definition

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

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

28  vector, or delivery system prohibited by this section.

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

30  infectious substance, or biological product that may be

31  engineered through biotechnology, or any naturally occurring


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  1  or bioengineered component of any such microorganism, virus,

  2  infectious substance, or biological product, capable of

  3  causing:

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

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

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

  7  or material of any kind; or

  8         3.  Deleterious alteration of the environment.

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

10  animals, microorganisms, viruses, fungi, or infectious

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

12  method of reproduction, including:

13         1.  Any poisonous substance or biological product that

14  may be engineered through biotechnology produced by a living

15  organism; or

16         2.  Any poisonous isomer or biological product,

17  homolog, or derivative of such substance.

18         (e)  "Delivery system" means:

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

20  delivery specifically designed to deliver or disseminate a

21  biological agent, toxin, or vector; or

22         2.  Any vector.

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

24  including a recombinant molecule or biological product that

25  may be engineered through biotechnology, capable of carrying a

26  biological agent or toxin to a host.

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

28  manufactures, possesses, sells, delivers, sends, mails,

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

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

31  weapon of mass destruction, including any biological agent,


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

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

  3  punishable by imprisonment for a term of years not exceeding

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

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

  6  provided in s. 775.082.

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

  8  manufactures, possesses, sells, delivers, mails, sends,

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

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

11  hoax weapon of mass destruction with the intent to deceive or

12  otherwise mislead another person into believing that the hoax

13  weapon of mass destruction will cause terror, bodily harm, or

14  property damage commits a felony of the second degree,

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

16  775.084.

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

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

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

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

21  775.083, or s. 775.084.

22         (5)  Notwithstanding any other law, adjudication of

23  guilt or imposition of sentence may not be suspended,

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

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

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

27  of a violation of this section and who provides substantial

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

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

30  principals.

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

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

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

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

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

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

  7  Proof that a device or object described in subparagraph

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

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

10  the device or object was designed or intended for such

11  release.

12         (7)(4)  This section does not apply to any member or

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

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

15  otherwise engaged in lawful activity within the scope of his

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

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

18  or otherwise engage in activity relative to this section and

19  if such person is in compliance with applicable federal and

20  state law.

21         (8)  For purpose of this section, the term "weapon of

22  mass destruction" does not include:

23         (a)  A device or instrument that emits or discharges

24  smoke or an offensive, noxious, or irritant liquid, powder,

25  gas, or chemical for the purpose of immobilizing,

26  incapacitating, or thwarting an attack by a person or animal

27  and that is lawfully possessed or used by a person for the

28  purpose of self-protection or, as provided in subsection (7),

29  is lawfully possessed or used by any member or employee of the

30  Armed Forces of the United States, a federal or state

31  governmental agency, or a private entity. A member or employee


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  1  of a federal or state governmental agency includes, but is not

  2  limited to, a law enforcement officer, as defined in s.

  3  784.07; a federal law enforcement officer, as defined in s.

  4  901.1505; and an emergency service employee, as defined in s.

  5  496.404.

  6         (b)  The liquid, powder, gas, chemical, or smoke that

  7  is emitted or discharged from a device or instrument as

  8  specified in paragraph (a).

  9         (9)  In addition to any other penalty provided by law

10  with respect to any person who is convicted of a violation of

11  this section that resulted in the mobilization or action of

12  any law enforcement officer or any state or local agency, a

13  person convicted of a violation of this section may be

14  required by the court to pay restitution for all of the costs

15  and damages arising from the criminal conduct.

16         Section 5.  Paragraphs (e), (f), and (g) of subsection

17  (3) of section 921.0022, Florida Statutes, as amended by

18  section 2 of chapter 2001-358, Laws of Florida, are amended to

19  read:

20         921.0022  Criminal Punishment Code; offense severity

21  ranking chart.--

22         (3)  OFFENSE SEVERITY RANKING CHART

23

24  Florida           Felony

25  Statute           Degree             Description

26

27

28                              (e)  LEVEL 5

29  316.027(1)(a)      3rd      Accidents involving personal

30                              injuries, failure to stop;

31                              leaving scene.


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  1  316.1935(4)        2nd      Aggravated fleeing or eluding.

  2  322.34(6)          3rd      Careless operation of motor

  3                              vehicle with suspended license,

  4                              resulting in death or serious

  5                              bodily injury.

  6  327.30(5)          3rd      Vessel accidents involving

  7                              personal injury; leaving scene.

  8  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  9                              knowing HIV positive.

10  790.01(2)          3rd      Carrying a concealed firearm.

11  790.162            2nd      Threat to throw or discharge

12                              destructive device.

13  790.163(1) 790.163 2nd      False report of deadly explosive

14                              or weapon of mass destruction.

15  790.165(2)         3rd      Manufacture, sell, possess, or

16                              deliver hoax bomb.

17  790.221(1)         2nd      Possession of short-barreled

18                              shotgun or machine gun.

19  790.23             2nd      Felons in possession of firearms

20                              or electronic weapons or devices.

21  800.04(6)(c)       3rd      Lewd or lascivious conduct;

22                              offender less than 18 years.

23  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

24                              offender 18 years or older.

25  806.111(1)         3rd      Possess, manufacture, or dispense

26                              fire bomb with intent to damage

27                              any structure or property.

28  812.015(8)         3rd      Retail theft; property stolen is

29                              valued at $300 or more and one or

30                              more specified acts.

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

  2                              trafficking in.

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

  4  812.16(2)          3rd      Owning, operating, or conducting

  5                              a chop shop.

  6  817.034(4)(a)2.    2nd      Communications fraud, value

  7                              $20,000 to $50,000.

  8  817.234(11)(b)     2nd      Insurance fraud; property value

  9                              $20,000 or more but less than

10                              $100,000.

11  817.568(2)(b)      2nd      Fraudulent use of personal

12                              identification information; value

13                              of benefit, services received,

14                              payment avoided, or amount of

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

16  817.625(2)(b)      2nd      Second or subsequent fraudulent

17                              use of scanning device or

18                              reencoder.

19  825.1025(4)        3rd      Lewd or lascivious exhibition in

20                              the presence of an elderly person

21                              or disabled adult.

22  827.071(4)         2nd      Possess with intent to promote

23                              any photographic material, motion

24                              picture, etc., which includes

25                              sexual conduct by a child.

26  843.01             3rd      Resist officer with violence to

27                              person; resist arrest with

28                              violence.

29  874.05(2)          2nd      Encouraging or recruiting another

30                              to join a criminal street gang;

31                              second or subsequent offense.


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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

30

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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.


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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

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                                  16

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    CS for SB 998                                 Second Engrossed



  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


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 998                                 Second Engrossed



  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


                                  18

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    CS for SB 998                                 Second Engrossed



  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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                                  19

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    CS for SB 998                                 Second Engrossed



  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


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 998                                 Second Engrossed



  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


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 998                                 Second Engrossed



  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


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 998                                 Second Engrossed



  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.

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                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 998                                 Second Engrossed



  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.


                                  24

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    CS for SB 998                                 Second Engrossed



  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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    CS for SB 998                                 Second Engrossed



  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

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                                  26

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    CS for SB 998                                 Second Engrossed



  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

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

  8                              kilogram or more, less than 5

  9                              kilograms.

10

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

23

24

25

26

27

28

29

30

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                                  27

CODING: Words stricken are deletions; words underlined are additions.