Senate Bill sb0998er
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1
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
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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.
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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.
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1 794.011(8)(a) 3rd Solicitation of minor to
2 participate in sexual activity by
3 custodial adult.
4 794.05(1) 2nd Unlawful sexual activity with
5 specified minor.
6 800.04(5)(d) 3rd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 less than 18 years.
10 800.04(6)(b) 2nd Lewd or lascivious conduct;
11 offender 18 years of age or
12 older.
13 806.031(2) 2nd Arson resulting in great bodily
14 harm to firefighter or any other
15 person.
16 810.02(3)(c) 2nd Burglary of occupied structure;
17 unarmed; no assault or battery.
18 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
19 but less than $100,000, grand
20 theft in 2nd degree.
21 812.014(2)(b)2. 2nd Property stolen cargo valued at
22 less than $50,000, grand theft in
23 2nd degree.
24 812.015(9) 2nd Retail theft; property stolen
25 $300 or more; second or
26 subsequent conviction.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
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1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.03(3)(c) 3rd Neglect of a child.
16 827.071(2)&(3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(3) 3rd Solicitation of a child, via a
24 computer service, to commit an
25 unlawful sex act.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29 943.0435(9) 3rd Sex offenders; failure to comply
30 with reporting requirements.
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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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).
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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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.
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2002 Legislature CS for SB 998, 2nd 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.
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