SENATE AMENDMENT
Bill No. SB 398
Amendment No. ___ Barcode 480740
CHAMBER ACTION
Senate House
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04/23/2004 10:25 AM .
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11 Senator Miller moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 19, through
15 page 2, line 29, delete those lines
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17 and insert:
18 Section 1. Section 782.08, Florida Statutes, is
19 amended to read:
20 782.08 Assisting self-murder.--
21 (1) FINDINGS AND PURPOSE.--The Legislature finds that
22 the state has a compelling interest in preserving human life,
23 preventing suicide, protecting vulnerable persons, protecting
24 the public health and safety, and maintaining the integrity of
25 the medical profession. The Legislature further finds that
26 there is a distinction between assisting self-murder and
27 refusing or foregoing medical treatment.
28 (2) DEFINITIONS.--As used in this section, the term:
29 (a) "Deliberately assisting" means carrying out an act
30 that is intended to:
31 1. Aid, abet, facilitate, permit, advocate, or
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1 encourage;
2 2. Publicize, promote, advertise, operate, stage,
3 schedule or conduct;
4 3. Provide or secure a venue, transportation, or
5 security; or
6 4. Result in the collection of an admission or fee.
7 (b) "Person" means every natural person, firm,
8 copartnership, association, or corporation.
9 (3) PENALTIES.--Every person deliberately assisting
10 another in the commission of self-murder, regardless of
11 whether death actually occurs, shall be guilty of
12 manslaughter, a felony of the second degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 Section 2. Paragraph (g) of subsection (3) of section
15 921.0022, Florida Statutes, is amended to read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
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20 Florida Felony
21 Statute Degree Description
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24 (g) LEVEL 7
25 316.027(1)(b) 2nd Accident involving death, failure
26 to stop; leaving scene.
27 316.193(3)(c)2. 3rd DUI resulting in serious bodily
28 injury.
29 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
30 bodily injury.
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Amendment No. ___ Barcode 480740
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 782.02 2nd Assisting self-murder.
18 784.045(1)(a)1. 2nd Aggravated battery; intentionally
19 causing great bodily harm or
20 disfigurement.
21 784.045(1)(a)2. 2nd Aggravated battery; using deadly
22 weapon.
23 784.045(1)(b) 2nd Aggravated battery; perpetrator
24 aware victim pregnant.
25 784.048(4) 3rd Aggravated stalking; violation of
26 injunction or court order.
27 784.07(2)(d) 1st Aggravated battery on law
28 enforcement officer.
29 784.074(1)(a) 1st Aggravated battery on sexually
30 violent predators facility staff.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.165(2) 2nd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.165(3) 2nd Possessing, displaying, or
18 threatening to use any hoax bomb
19 while committing or attempting to
20 commit a felony.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 790.166(4) 2nd Possessing, displaying, or
25 threatening to use a hoax weapon
26 of mass destruction while
27 committing or attempting to
28 commit a felony.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
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Amendment No. ___ Barcode 480740
1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a) 1st Property stolen, valued at
17 $100,000 or more; cargo stolen
18 valued at $50,000 or more;
19 property stolen while causing
20 other property damage; 1st degree
21 grand theft.
22 812.014(2)(b)3. 2nd Property stolen, emergency
23 medical equipment; 2nd degree
24 grand theft.
25 812.0145(2)(a) 1st Theft from person 65 years of age
26 or older; $50,000 or more.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 817.234(8)(a) 2nd Solicitation of motor vehicle
4 accident victims with intent to
5 defraud.
6 817.234(9) 2nd Organizing, planning, or
7 participating in an intentional
8 motor vehicle collision.
9 817.234(11)(c) 1st Insurance fraud; property value
10 $100,000 or more.
11 817.2341(2)(b)&
12 (3)(b) 1st Making false entries of material
13 fact or false statements
14 regarding property values
15 relating to the solvency of an
16 insuring entity which are a
17 significant cause of the
18 insolvency of that entity.
19 825.102(3)(b) 2nd Neglecting an elderly person or
20 disabled adult causing great
21 bodily harm, disability, or
22 disfigurement.
23 825.103(2)(b) 2nd Exploiting an elderly person or
24 disabled adult and property is
25 valued at $20,000 or more, but
26 less than $100,000.
27 827.03(3)(b) 2nd Neglect of a child causing great
28 bodily harm, disability, or
29 disfigurement.
30 827.04(3) 3rd Impregnation of a child under 16
31 years of age by person 21 years
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1 of age or older.
2 837.05(2) 3rd Giving false information about
3 alleged capital felony to a law
4 enforcement officer.
5 838.015 2nd Bribery.
6 838.016 2nd Unlawful compensation or reward
7 for official behavior.
8 838.021(3)(a) 2nd Unlawful harm to a public
9 servant.
10 838.22 2nd Bid tampering.
11 872.06 2nd Abuse of a dead human body.
12 893.13(1)(c)1. 1st Sell, manufacture, or deliver
13 cocaine (or other drug prohibited
14 under s. 893.03(1)(a), (1)(b),
15 (1)(d), (2)(a), (2)(b), or
16 (2)(c)4.) within 1,000 feet of a
17 child care facility, school, or
18 state, county, or municipal park
19 or publicly owned recreational
20 facility or community center.
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.
29 893.13(4)(a) 1st Deliver to minor cocaine (or
30 other s. 893.03(1)(a), (1)(b),
31 (1)(d), (2)(a), (2)(b), or
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Amendment No. ___ Barcode 480740
1 (2)(c)4. drugs).
2 893.135(1)(a)1. 1st Trafficking in cannabis, more
3 than 25 lbs., less than 2,000
4 lbs.
5 893.135
6 (1)(b)1.a. 1st Trafficking in cocaine, more than
7 28 grams, less than 200 grams.
8 893.135
9 (1)(c)1.a. 1st Trafficking in illegal drugs,
10 more than 4 grams, less than 14
11 grams.
12 893.135
13 (1)(d)1. 1st Trafficking in phencyclidine,
14 more than 28 grams, less than 200
15 grams.
16 893.135(1)(e)1. 1st Trafficking in methaqualone, more
17 than 200 grams, less than 5
18 kilograms.
19 893.135(1)(f)1. 1st Trafficking in amphetamine, more
20 than 14 grams, less than 28
21 grams.
22 893.135
23 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
24 grams or more, less than 14
25 grams.
26 893.135
27 (1)(h)1.a. 1st Trafficking in
28 gamma-hydroxybutyric acid (GHB),
29 1 kilogram or more, less than 5
30 kilograms.
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1 893.135
2 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
3 kilogram or more, less than 5
4 kilograms.
5 893.135
6 (1)(k)2.a. 1st Trafficking in Phenethylamines,
7 10 grams or more, less than 200
8 grams.
9 896.101(5)(a) 3rd Money laundering, financial
10 transactions exceeding $300 but
11 less than $20,000.
12 896.104(4)(a)1. 3rd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 Section 3. For the purpose of incorporating the
18 amendment to section 782.08, Florida Statutes, in a reference
19 thereto, paragraph (c) of subsection (2) of section 790.065,
20 Florida Statutes, is reenacted to read:
21 790.065 Sale and delivery of firearms.--
22 (2) Upon receipt of a request for a criminal history
23 record check, the Department of Law Enforcement shall, during
24 the licensee's call or by return call, forthwith:
25 (c)1. Review any records available to it to determine
26 whether the potential buyer or transferee has been indicted or
27 has had an information filed against her or him for an offense
28 that is a felony under either state or federal law, or, as
29 mandated by federal law, has had an injunction for protection
30 against domestic violence entered against the potential buyer
31 or transferee under s. 741.30, has had an injunction for
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1 protection against repeat violence entered against the
2 potential buyer or transferee under s. 784.046, or has been
3 arrested for a dangerous crime as specified in s.
4 907.041(4)(a) or for any of the following enumerated offenses:
5 a. Criminal anarchy under ss. 876.01 and 876.02.
6 b. Extortion under s. 836.05.
7 c. Explosives violations under s. 552.22(1) and (2).
8 d. Controlled substances violations under chapter 893.
9 e. Resisting an officer with violence under s. 843.01.
10 f. Weapons and firearms violations under this chapter.
11 g. Treason under s. 876.32.
12 h. Assisting self-murder under s. 782.08.
13 i. Sabotage under s. 876.38.
14 j. Stalking or aggravated stalking under s. 784.048.
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16 If the review indicates any such indictment,
17 information, or arrest, the department shall provide to the
18 licensee a conditional nonapproval number.
19 2. Within 24 working hours, the department shall
20 determine the disposition of the indictment, information, or
21 arrest and inform the licensee as to whether the potential
22 buyer is prohibited from receiving or possessing a firearm.
23 For purposes of this paragraph, "working hours" means the
24 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
25 legal holidays.
26 3. The office of the clerk of court, at no charge to
27 the department, shall respond to any department request for
28 data on the disposition of the indictment, information, or
29 arrest as soon as possible, but in no event later than 8
30 working hours.
31 4. The department shall determine as quickly as
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1 possible within the allotted time period whether the potential
2 buyer is prohibited from receiving or possessing a firearm.
3 5. If the potential buyer is not so prohibited, or if
4 the department cannot determine the disposition information
5 within the allotted time period, the department shall provide
6 the licensee with a conditional approval number.
7 6. If the buyer is so prohibited, the conditional
8 nonapproval number shall become a nonapproval number.
9 7. The department shall continue its attempts to
10 obtain the disposition information and may retain a record of
11 all approval numbers granted without sufficient disposition
12 information. If the department later obtains disposition
13 information which indicates:
14 a. That the potential buyer is not prohibited from
15 owning a firearm, it shall treat the record of the transaction
16 in accordance with this section; or
17 b. That the potential buyer is prohibited from owning
18 a firearm, it shall immediately revoke the conditional
19 approval number and notify local law enforcement.
20 8. During the time that disposition of the indictment,
21 information, or arrest is pending and until the department is
22 notified by the potential buyer that there has been a final
23 disposition of the indictment, information, or arrest, the
24 conditional nonapproval number shall remain in effect.
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26 (Redesignate subsequent sections.)
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, lines 2-15, delete those lines
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Amendment No. ___ Barcode 480740
1 and insert:
2 An act relating to assisting self-murder;
3 amending s. 782.08, F.S.; revising element of
4 offense; providing legislative findings;
5 providing definitions; providing criminal
6 penalties; amending s. 921.0022, F.S.; ranking
7 the offense of assisting self-murder on the
8 offense severity ranking chart of the Criminal
9 Punishment Code; reenacting s. 790.065(2)(c),
10 F.S.; incorporating the amendment to s. 782.08,
11 F.S., in a reference thereto; providing an
12 effective date.
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