Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
CHAMBER ACTION
Senate House
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11 Senator Baker moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsection (3) of section 316.193, Florida
18 Statutes, is amended to read:
19 316.193 Driving under the influence; penalties.--
20 (3) Any person:
21 (a) Who is in violation of subsection (1);
22 (b) Who operates a vehicle; and
23 (c) Who, by reason of such operation, causes or
24 contributes to causing:
25 1. Damage to the property or person of another commits
26 a misdemeanor of the first degree, punishable as provided in
27 s. 775.082 or s. 775.083.
28 2. Serious bodily injury to another, as defined in s.
29 316.1933, commits a felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
31 3. The death of any human being or unborn quick child
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
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1 commits DUI manslaughter, and commits:
2 a. A felony of the second degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 b. A felony of the first degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084, if:
6 (I) At the time of the crash, the person knew, or
7 should have known, that the crash occurred; and
8 (II) The person failed to give information and render
9 aid as required by s. 316.062.
10
11 For purposes of this subsection, the definition of the term
12 "unborn quick child" shall be determined in accordance with
13 the definition of viable fetus as set forth in s. 782.071.
14 Section 2. Section 782.09, Florida Statutes, is
15 amended to read:
16 782.09 Killing of unborn quick child by injury to
17 mother.--
18 (1) The unlawful willful killing of an unborn quick
19 child, by any injury to the mother of such child which would
20 be murder if it resulted in the death of such mother, shall be
21 deemed murder in the same degree as that which would have been
22 committed against the mother. Any person, other than the
23 mother, who unlawfully kills an unborn quick child by any
24 injury to the mother:
25 (a) Which would be murder in the first degree
26 constituting a capital felony if it resulted in the mother's
27 death commits murder in the first degree constituting a
28 capital felony, punishable as provided in s. 775.082.
29 (b) Which would be murder in the second degree if it
30 resulted in the mother's death commits murder in the second
31 degree, a felony of the first degree, punishable as provided
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 in s. 775.082, s. 775.083, or s. 775.084.
2 (c) Which would be murder in the third degree if it
3 resulted in the mother's death commits murder in the third
4 degree manslaughter, a felony of the second degree, punishable
5 as provided in s. 775.082, s. 775.083, or s. 775.084.
6 (2) The unlawful killing of an unborn quick child by
7 any injury to the mother of such child which would be
8 manslaughter if it resulted in the death of such mother shall
9 be deemed manslaughter. A person who unlawfully kills an
10 unborn quick child by any injury to the mother which would be
11 manslaughter if it resulted in the mother's death commits
12 manslaughter, a felony of the second degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (3) The death of the mother resulting from the same
15 act or criminal episode that caused the death of the unborn
16 quick child does not bar prosecution under this section.
17 (4) This section does not authorize the prosecution of
18 any person in connection with a termination of pregnancy
19 pursuant to chapter 390.
20 (5) For purposes of this section, the definition of
21 the term "unborn quick child" shall be determined in
22 accordance with the definition of viable fetus as set forth in
23 s. 782.071.
24 Section 3. Paragraph (g) of subsection (2) of section
25 435.03, Florida Statutes, is amended to read:
26 435.03 Level 1 screening standards.--
27 (2) Any person for whom employment screening is
28 required by statute must not have been found guilty of,
29 regardless of adjudication, or entered a plea of nolo
30 contendere or guilty to, any offense prohibited under any of
31 the following provisions of the Florida Statutes or under any
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 similar statute of another jurisdiction:
2 (g) Section 782.09, relating to killing of an unborn
3 quick child by injury to the mother.
4 Section 4. Paragraph (g) of subsection (2) of section
5 435.04, Florida Statutes, is amended to read:
6 435.04 Level 2 screening standards.--
7 (2) The security background investigations under this
8 section must ensure that no persons subject to the provisions
9 of this section have been found guilty of, regardless of
10 adjudication, or entered a plea of nolo contendere or guilty
11 to, any offense prohibited under any of the following
12 provisions of the Florida Statutes or under any similar
13 statute of another jurisdiction:
14 (g) Section 782.09, relating to killing of an unborn
15 quick child by injury to the mother.
16 Section 5. For the purpose of incorporating the
17 amendment to s. 316.193, Florida Statutes, in a reference
18 thereto, paragraphs (h) and (i) of subsection (3) of section
19 921.0022, Florida Statutes, are reenacted to 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 (h) LEVEL 8
29 316.193
30 (3)(c)3.a. 2nd DUI manslaughter.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 316.1935(4)(b) 1st Aggravated fleeing or attempted
2 eluding with serious bodily
3 injury or death.
4 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
5 499.0051(7) 1st Forgery of prescription or legend
6 drug labels.
7 499.0052 1st Trafficking in contraband legend
8 drugs.
9 560.123(8)(b)2. 2nd Failure to report currency or
10 payment instruments totaling or
11 exceeding $20,000, but less than
12 $100,000 by money transmitter.
13 560.125(5)(b) 2nd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments totaling or
16 exceeding $20,000, but less than
17 $100,000.
18 655.50(10)(b)2. 2nd Failure to report financial
19 transactions totaling or
20 exceeding $20,000, but less than
21 $100,000 by financial
22 institutions.
23 777.03(2)(a) 1st Accessory after the fact, capital
24 felony.
25 782.04(4) 2nd Killing of human without design
26 when engaged in act or attempt of
27 any felony other than arson,
28 sexual battery, robbery,
29 burglary, kidnapping, aircraft
30 piracy, or unlawfully discharging
31 bomb.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(1)(b) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.014(2)(a)2. 1st Property stolen; cargo valued at
30 $50,000 or more, grand theft in
31 1st degree.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 812.13(2)(b) 1st Robbery with a weapon.
2 812.135(2)(c) 1st Home-invasion robbery, no
3 firearm, deadly weapon, or other
4 weapon.
5 817.568(6) 2nd Fraudulent use of personal
6 identification information of an
7 individual under the age of 18.
8 825.102(2) 2nd Aggravated abuse of an elderly
9 person or disabled adult.
10 825.1025(2) 2nd Lewd or lascivious battery upon
11 an elderly person or disabled
12 adult.
13 825.103(2)(a) 1st Exploiting an elderly person or
14 disabled adult and property is
15 valued at $100,000 or more.
16 837.02(2) 2nd Perjury in official proceedings
17 relating to prosecution of a
18 capital felony.
19 837.021(2) 2nd Making contradictory statements
20 in official proceedings relating
21 to prosecution of a capital
22 felony.
23 860.121(2)(c) 1st Shooting at or throwing any
24 object in path of railroad
25 vehicle resulting in great bodily
26 harm.
27 860.16 1st Aircraft piracy.
28 893.13(1)(b) 1st Sell or deliver in excess of 10
29 grams of any substance specified
30 in s. 893.03(1)(a) or (b).
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
29 893.135
30 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
31 grams or more, less than 28
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 grams.
2 893.135
3 (1)(h)1.b. 1st Trafficking in
4 gamma-hydroxybutyric acid (GHB),
5 5 kilograms or more, less than 10
6 kilograms.
7 893.135
8 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
9 kilograms or more, less than 10
10 kilograms.
11 893.135
12 (1)(k)2.b. 1st Trafficking in Phenethylamines,
13 200 grams or more, less than 400
14 grams.
15 895.03(1) 1st Use or invest proceeds derived
16 from pattern of racketeering
17 activity.
18 895.03(2) 1st Acquire or maintain through
19 racketeering activity any
20 interest in or control of any
21 enterprise or real property.
22 895.03(3) 1st Conduct or participate in any
23 enterprise through pattern of
24 racketeering activity.
25 896.101(5)(b) 2nd Money laundering, financial
26 transactions totaling or
27 exceeding $20,000, but less than
28 $100,000.
29 896.104(4)(a)2. 2nd Structuring transactions to evade
30 reporting or registration
31 requirements, financial
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 transactions totaling or
2 exceeding $20,000 but less than
3 $100,000.
4 (i) LEVEL 9
5 316.193
6 (3)(c)3.b. 1st DUI manslaughter; failing to
7 render aid or give information.
8 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
9 render aid or give information.
10 499.0053 1st Sale or purchase of contraband
11 legend drugs resulting in great
12 bodily harm.
13 560.123(8)(b)3. 1st Failure to report currency or
14 payment instruments totaling or
15 exceeding $100,000 by money
16 transmitter.
17 560.125(5)(c) 1st Money transmitter business by
18 unauthorized person, currency, or
19 payment instruments totaling or
20 exceeding $100,000.
21 655.50(10)(b)3. 1st Failure to report financial
22 transactions totaling or
23 exceeding $100,000 by financial
24 institution.
25 775.0844 1st Aggravated white collar crime.
26 782.04(1) 1st Attempt, conspire, or solicit to
27 commit premeditated murder.
28 782.04(3) 1st,PBL Accomplice to murder in
29 connection with arson, sexual
30 battery, robbery, burglary, and
31 other specified felonies.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 782.051(1) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony enumerated in
4 s. 782.04(3).
5 782.07(2) 1st Aggravated manslaughter of an
6 elderly person or disabled adult.
7 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
8 reward or as a shield or hostage.
9 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
10 or facilitate commission of any
11 felony.
12 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
13 interfere with performance of any
14 governmental or political
15 function.
16 787.02(3)(a) 1st False imprisonment; child under
17 age 13; perpetrator also commits
18 aggravated child abuse, sexual
19 battery, or lewd or lascivious
20 battery, molestation, conduct, or
21 exhibition.
22 790.161 1st Attempted capital destructive
23 device offense.
24 790.166(2) 1st,PBL Possessing, selling, using, or
25 attempting to use a weapon of
26 mass destruction.
27 794.011(2) 1st Attempted sexual battery; victim
28 less than 12 years of age.
29 794.011(2) Life Sexual battery; offender younger
30 than 18 years and commits sexual
31 battery on a person less than 12
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 years.
2 794.011(4) 1st Sexual battery; victim 12 years
3 or older, certain circumstances.
4 794.011(8)(b) 1st Sexual battery; engage in sexual
5 conduct with minor 12 to 18 years
6 by person in familial or
7 custodial authority.
8 800.04(5)(b) 1st Lewd or lascivious molestation;
9 victim less than 12 years;
10 offender 18 years or older.
11 812.13(2)(a) 1st,PBL Robbery with firearm or other
12 deadly weapon.
13 812.133(2)(a) 1st,PBL Carjacking; firearm or other
14 deadly weapon.
15 812.135(2)(b) 1st Home-invasion robbery with
16 weapon.
17 817.568(7) 2nd,PBL Fraudulent use of personal
18 identification information of an
19 individual under the age of 18 by
20 his or her parent, legal
21 guardian, or person exercising
22 custodial authority.
23 827.03(2) 1st Aggravated child abuse.
24 847.0145(1) 1st Selling, or otherwise
25 transferring custody or control,
26 of a minor.
27 847.0145(2) 1st Purchasing, or otherwise
28 obtaining custody or control, of
29 a minor.
30 859.01 1st Poisoning or introducing
31 bacteria, radioactive materials,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 viruses, or chemical compounds
2 into food, drink, medicine, or
3 water with intent to kill or
4 injure another person.
5 893.135 1st Attempted capital trafficking
6 offense.
7 893.135(1)(a)3. 1st Trafficking in cannabis, more
8 than 10,000 lbs.
9 893.135
10 (1)(b)1.c. 1st Trafficking in cocaine, more than
11 400 grams, less than 150
12 kilograms.
13 893.135
14 (1)(c)1.c. 1st Trafficking in illegal drugs,
15 more than 28 grams, less than 30
16 kilograms.
17 893.135
18 (1)(d)1.c. 1st Trafficking in phencyclidine,
19 more than 400 grams.
20 893.135
21 (1)(e)1.c. 1st Trafficking in methaqualone, more
22 than 25 kilograms.
23 893.135
24 (1)(f)1.c. 1st Trafficking in amphetamine, more
25 than 200 grams.
26 893.135
27 (1)(h)1.c. 1st Trafficking in
28 gamma-hydroxybutyric acid (GHB),
29 10 kilograms or more.
30 893.135
31 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 kilograms or more.
2 893.135
3 (1)(k)2.c. 1st Trafficking in Phenethylamines,
4 400 grams or more.
5 896.101(5)(c) 1st Money laundering, financial
6 instruments totaling or exceeding
7 $100,000.
8 896.104(4)(a)3. 1st Structuring transactions to evade
9 reporting or registration
10 requirements, financial
11 transactions totaling or
12 exceeding $100,000.
13 Section 6. For the purpose of incorporating the
14 amendment to section 316.193, Florida Statutes, in a reference
15 thereto, subsection (1) of section 316.656, Florida Statutes,
16 is reenacted to read:
17 316.656 Mandatory adjudication; prohibition against
18 accepting plea to lesser included offense.--
19 (1) Notwithstanding the provisions of s. 948.01, no
20 court may suspend, defer, or withhold adjudication of guilt or
21 imposition of sentence for any violation of s. 316.193, for
22 manslaughter resulting from the operation of a motor vehicle,
23 or for vehicular homicide.
24 Section 7. For the purpose of incorporating the
25 amendment to section 316.193, Florida Statutes, in a reference
26 thereto, paragraph (j) of subsection (3) of section 947.146,
27 Florida Statutes, is reenacted to read:
28 947.146 Control Release Authority.--
29 (3) Within 120 days prior to the date the state
30 correctional system is projected pursuant to s. 216.136 to
31 exceed 99 percent of total capacity, the authority shall
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Bill No. HB 233, 1st Eng.
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1 determine eligibility for and establish a control release date
2 for an appropriate number of parole ineligible inmates
3 committed to the department and incarcerated within the state
4 who have been determined by the authority to be eligible for
5 discretionary early release pursuant to this section. In
6 establishing control release dates, it is the intent of the
7 Legislature that the authority prioritize consideration of
8 eligible inmates closest to their tentative release date. The
9 authority shall rely upon commitment data on the offender
10 information system maintained by the department to initially
11 identify inmates who are to be reviewed for control release
12 consideration. The authority may use a method of objective
13 risk assessment in determining if an eligible inmate should be
14 released. Such assessment shall be a part of the department's
15 management information system. However, the authority shall
16 have sole responsibility for determining control release
17 eligibility, establishing a control release date, and
18 effectuating the release of a sufficient number of inmates to
19 maintain the inmate population between 99 percent and 100
20 percent of total capacity. Inmates who are ineligible for
21 control release are inmates who are parole eligible or inmates
22 who:
23 (j) Are convicted, or have been previously convicted,
24 of DUI manslaughter under s. 316.193(3)(c)3., and are
25 sentenced, or have been sentenced at any time, as a habitual
26 offender for such offense, or have been sentenced at any time
27 in another jurisdiction as a habitual offender for such
28 offense;
29
30 In making control release eligibility determinations under
31 this subsection, the authority may rely on any document
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 leading to or generated during the course of the criminal
2 proceedings, including, but not limited to, any presentence or
3 postsentence investigation or any information contained in
4 arrest reports relating to circumstances of the offense.
5 Section 8. For the purpose of incorporating the
6 amendment to section 316.193, Florida Statutes, in a reference
7 thereto, paragraph (b) of subsection (3) of section 960.03,
8 Florida Statutes, is reenacted to read:
9 960.03 Definitions; ss. 960.01-960.28.--As used in ss.
10 960.01-960.28, unless the context otherwise requires, the
11 term:
12 (3) "Crime" means:
13 (b) A violation of s. 316.193, s. 316.027(1), s.
14 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results
15 in physical injury or death; however, no other act involving
16 the operation of a motor vehicle, boat, or aircraft which
17 results in injury or death shall constitute a crime for the
18 purpose of this chapter unless the injury or death was
19 intentionally inflicted through the use of such vehicle, boat,
20 or aircraft or unless such vehicle, boat, or aircraft is an
21 implement of a crime to which this act applies.
22 Section 9. This act shall take effect October 1, 2005,
23 and shall apply to offenses committed on or after that date.
24
25
26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 233, 1st Eng.
Barcode 305800
1 An act relating to homicide of an unborn quick
2 child; amending s. 316.193, F.S.; including the
3 death of an unborn quick child under DUI
4 manslaughter; adopting the definition of viable
5 fetus for purposes of this offense; amending s.
6 782.09, F.S.; providing that killing an unborn
7 quick child by injury to the mother which would
8 be murder in any degree if it resulted in the
9 death of the mother is murder in the same
10 degree; providing penalties; providing that the
11 unlawful killing of an unborn quick child by
12 injury to the mother which would be
13 manslaughter if it resulted in the death of the
14 mother is manslaughter; providing penalties;
15 providing that the death of the mother does not
16 bar prosecution under specified circumstances;
17 providing that the section does not authorize
18 prosecution of a person in connection with a
19 termination of pregnancy; adopting the
20 definition of viable fetus for purposes of this
21 offense; amending ss. 435.03 and 435.04, F.S.,
22 to conform provisions to changes made by the
23 amendments to s. 782.09, F.S.; reenacting s.
24 921.0022(3)(h) and (i), F.S., relating to the
25 Criminal Punishment Code offense severity
26 ranking chart, to incorporate the amendment to
27 s. 316.193, F.S., in references thereto;
28 reenacting s. 316.656(3), F.S., relating to
29 mandatory adjudication, to incorporate the
30 amendment to s. 316.193, F.S., in a reference
31 thereto; reenacting s. 947.146(3)(j), F.S.,
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Bill No. HB 233, 1st Eng.
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1 relating to the Control Release Authority, to
2 incorporate the amendment to s. 316.193, F.S.,
3 in a reference thereto; reenacting s.
4 960.03(3)(b), F.S., relating to the definition
5 of "crime" under the Florida Crimes
6 Compensation Act, to incorporate the amendment
7 to s. 316.193, F.S., in a reference thereto;
8 providing an effective date.
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