Senate Bill 1840

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    Florida Senate - 2000                                  SB 1840

    By Senator Lee





    23-1000A-00                                         See HB 955

  1                      A bill to be entitled

  2         An act relating to weapons of mass destruction;

  3         creating s. 790.166, F.S.; prohibiting the

  4         unlawful manufacture, possession, sale,

  5         delivery, display, use, or attempted or

  6         threatened use of a weapon of mass destruction;

  7         prohibiting unlawful conspiring to use such

  8         weapon; prohibiting making such weapon readily

  9         accessible to others; providing a first degree

10         felony penalty for violation; providing that

11         violation which results in death is a capital

12         felony; prohibiting the unlawful manufacture,

13         possession, sale, delivery, display, use, or

14         attempted or threatened use of a hoax weapon of

15         mass destruction; prohibiting unlawful

16         conspiring to use such weapon; prohibiting

17         making such weapon readily accessible to

18         others; providing a second degree felony

19         penalty for violation; providing definitions

20         for purposes of the act; providing

21         nonapplicability of the act; amending s.

22         921.0022, F.S., relating to the Criminal

23         Punishment Code; providing for ranking the

24         offense of possessing, selling, or using a

25         weapon of mass destruction and the offense of

26         possessing, selling, or using a hoax weapon of

27         mass destruction; providing an effective date.

28

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

30

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1         Section 1.  Section 790.166, Florida Statutes, is

  2  created to read:

  3         790.166  Manufacture, possession, sale, delivery,

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

  5  mass destruction or hoax weapon of mass destruction

  6  prohibited; definitions; penalties.--

  7         (1)  As used in this section, the following terms shall

  8  have the following meanings:

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

10         1.  Any destructive device as defined in this section;

11         2.  Any weapon that is designed or intended to cause

12  death or serious bodily injury through the release,

13  dissemination, or impact of toxic or poisonous chemicals, or

14  their precursors;

15         3.  Any weapon involving a disease organism; or

16         4.  Any weapon that is designed to release radiation or

17  radioactivity at a level dangerous to human life.

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

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

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

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

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

23  facsimile, imitation, counterfeit, or representation of a

24  weapon of mass destruction which does not meet the definition

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

26  contain or constitute a weapon, destructive device, biological

27  agent, toxin, vector, or delivery system prohibited by this

28  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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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  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         (g)  "Destructive device" shall have the same meaning

28  as that term is defined in s. 790.001(4).

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

30  manufactures, possesses, sells, delivers, displays, uses,

31  threatens to use, attempts to use, or conspires to use, or who

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  makes readily accessible to others a weapon of mass

  2  destruction, other than a chemical weapon as that term is

  3  defined in 18 U.S.C. 229F and s. 790.001, including any

  4  biological agent, toxin, vector, or delivery system as those

  5  terms are defined in this section:

  6         (a)  Against any person within the State of Florida,

  7  provided the offense occurs in whole or in part within the

  8  state; or

  9         (b)  Against any property that is owned, leased, or

10  used by the State of Florida or by any department, agency, or

11  political subdivision of the state, provided the offense

12  occurs in whole or in part within the state,

13

14  commits a felony of the first degree, punishable by

15  imprisonment for a term of years not exceeding life or as

16  provided in s. 775.082, s. 775.083, or s. 775.084, and if

17  death results, commits a capital felony, punishable as

18  provided in s. 775.082.

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

20  manufactures, possesses, sells, delivers, displays, uses,

21  threatens to use, attempts to use, or conspires to use, or who

22  makes readily accessible to others a hoax weapon of mass

23  destruction commits a felony of the second degree, punishable

24  as provided in s. 775.082, s. 775.083, or s. 775.084.

25         (4)  The provisions of this section shall not apply to

26  any member of the Armed Forces of the United States, federal

27  or state governmental agencies or personnel, or private

28  entities otherwise engaged in lawful activity within the scope

29  of his or her employment, if such person is otherwise duly

30  authorized or licensed to manufacture, possess, sell, deliver,

31  display, or otherwise engage in activity relative to this

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  section and if such person is in compliance with applicable

  2  federal and state law.

  3         Section 2.  Paragraphs (g) and (i) of subsection (3) of

  4  section 921.0022, Florida Statutes, are amended to read:

  5         921.0022  Criminal Punishment Code; offense severity

  6  ranking chart.--

  7         (3)  OFFENSE SEVERITY RANKING CHART

  8

  9  Florida           Felony

10  Statute           Degree             Description

11

12

13                              (g)  LEVEL 7

14  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

15                              injury.

16  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

17                              bodily injury.

18  402.319(2)         2nd      Misrepresentation and negligence

19                              or intentional act resulting in

20                              great bodily harm, permanent

21                              disfiguration, permanent

22                              disability, or death.

23  409.920(2)         3rd      Medicaid provider fraud.

24  494.0018(2)        1st      Conviction of any violation of

25                              ss. 494.001-494.0077 in which the

26                              total money and property

27                              unlawfully obtained exceeded

28                              $50,000 and there were five or

29                              more victims.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  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  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.07(2)(d)       1st      Aggravated battery on law

27                              enforcement officer.

28  784.08(2)(a)       1st      Aggravated battery on a person 65

29                              years of age or older.

30  784.081(1)         1st      Aggravated battery on specified

31                              official or employee.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  784.082(1)         1st      Aggravated battery by detained

  2                              person on visitor or other

  3                              detainee.

  4  784.083(1)         1st      Aggravated battery on code

  5                              inspector.

  6  790.07(4)          1st      Specified weapons violation

  7                              subsequent to previous conviction

  8                              of s. 790.07(1) or (2).

  9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.166(3)         2nd      Possessing, selling, using, or

12                              attempting to use a hoax weapon

13                              of mass desctruction.

14  796.03             2nd      Procuring any person under 16

15                              years for prostitution.

16  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

17                              victim less than 12 years of age;

18                              offender less than 18 years.

19  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              18 years or older.

23  806.01(2)          2nd      Maliciously damage structure by

24                              fire or explosive.

25  810.02(3)(a)       2nd      Burglary of occupied dwelling;

26                              unarmed; no assault or battery.

27  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

28                              unarmed; no assault or battery.

29  810.02(3)(d)       2nd      Burglary of occupied conveyance;

30                              unarmed; no assault or battery.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  812.014(2)(a)      1st      Property stolen, valued at

  2                              $100,000 or more; property stolen

  3                              while causing other property

  4                              damage; 1st degree grand theft.

  5  812.019(2)         1st      Stolen property; initiates,

  6                              organizes, plans, etc., the theft

  7                              of property and traffics in

  8                              stolen property.

  9  812.131(2)(a)      2nd      Robbery by sudden snatching.

10  812.133(2)(b)      1st      Carjacking; no firearm, deadly

11                              weapon, or other weapon.

12  825.102(3)(b)      2nd      Neglecting an elderly person or

13                              disabled adult causing great

14                              bodily harm, disability, or

15                              disfigurement.

16  825.1025(2)        2nd      Lewd or lascivious battery upon

17                              an elderly person or disabled

18                              adult.

19  825.103(2)(b)      2nd      Exploiting an elderly person or

20                              disabled adult and property is

21                              valued at $20,000 or more, but

22                              less than $100,000.

23  827.03(3)(b)       2nd      Neglect of a child causing great

24                              bodily harm, disability, or

25                              disfigurement.

26  827.04(3)          3rd      Impregnation of a child under 16

27                              years of age by person 21 years

28                              of age or older.

29  837.05(2)          3rd      Giving false information about

30                              alleged capital felony to a law

31                              enforcement officer.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  872.06             2nd      Abuse of a dead human body.

  2  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  3                              cocaine (or other drug prohibited

  4                              under s. 893.03(1)(a), (1)(b),

  5                              (1)(d), (2)(a), or (2)(b)) within

  6                              1,000 feet of a child care

  7                              facility or school.

  8  893.13(1)(e)       1st      Sell, manufacture, or deliver

  9                              cocaine or other drug prohibited

10                              under s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), or (2)(b), within

12                              1,000 feet of property used for

13                              religious services or a specified

14                              business site.

15  893.13(4)(a)       1st      Deliver to minor cocaine (or

16                              other s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), or (2)(b) drugs).

18  893.135(1)(a)1.    1st      Trafficking in cannabis, more

19                              than 50 lbs., less than 2,000

20                              lbs.

21  893.135

22   (1)(b)1.a.        1st      Trafficking in cocaine, more than

23                              28 grams, less than 200 grams.

24  893.135

25   (1)(c)1.a.        1st      Trafficking in illegal drugs,

26                              more than 4 grams, less than 14

27                              grams.

28  893.135

29   (1)(d)1.          1st      Trafficking in phencyclidine,

30                              more than 28 grams, less than 200

31                              grams.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  2                              than 200 grams, less than 5

  3                              kilograms.

  4  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  5                              than 14 grams, less than 28

  6                              grams.

  7  893.135

  8   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  9                              grams or more, less than 14

10                              grams.

11                              (i)  LEVEL 9

12  316.193

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

14                              render aid or give information.

15  782.04(1)          1st      Attempt, conspire, or solicit to

16                              commit premeditated murder.

17  782.04(3)          1st,PBL   Accomplice to murder in

18                              connection with arson, sexual

19                              battery, robbery, burglary, and

20                              other specified felonies.

21  782.051(1)         1st      Attempted felony murder while

22                              perpetrating or attempting to

23                              perpetrate a felony enumerated in

24                              s. 782.04(3).

25  782.07(2)          1st      Aggravated manslaughter of an

26                              elderly person or disabled adult.

27  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

28                              reward or as a shield or hostage.

29  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

30                              or facilitate commission of any

31                              felony.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




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

  2                              interfere with performance of any

  3                              governmental or political

  4                              function.

  5  787.02(3)(a)       1st      False imprisonment; child under

  6                              age 13; perpetrator also commits

  7                              aggravated child abuse, sexual

  8                              battery, or lewd or lascivious

  9                              battery, molestation, conduct, or

10                              exhibition.

11  790.161            1st      Attempted capital destructive

12                              device offense.

13  790.166(2)         1st      Possessing, selling, using, or

14                              attempting to use a weapon of

15                              mass destruction.

16  794.011(2)         1st      Attempted sexual battery; victim

17                              less than 12 years of age.

18  794.011(2)         Life     Sexual battery; offender younger

19                              than 18 years and commits sexual

20                              battery on a person less than 12

21                              years.

22  794.011(4)         1st      Sexual battery; victim 12 years

23                              or older, certain circumstances.

24  794.011(8)(b)      1st      Sexual battery; engage in sexual

25                              conduct with minor 12 to 18 years

26                              by person in familial or

27                              custodial authority.

28  800.04(5)(b)       1st      Lewd or lascivious molestation;

29                              victim less than 12 years;

30                              offender 18 years or older.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




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

  2                              deadly weapon.

  3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

  4                              deadly weapon.

  5  827.03(2)          1st      Aggravated child abuse.

  6  847.0145(1)        1st      Selling, or otherwise

  7                              transferring custody or control,

  8                              of a minor.

  9  847.0145(2)        1st      Purchasing, or otherwise

10                              obtaining custody or control, of

11                              a minor.

12  859.01             1st      Poisoning food, drink, medicine,

13                              or water with intent to kill or

14                              injure another person.

15  893.135            1st      Attempted capital trafficking

16                              offense.

17  893.135(1)(a)3.    1st      Trafficking in cannabis, more

18                              than 10,000 lbs.

19  893.135

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

21                              400 grams, less than 150

22                              kilograms.

23  893.135

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

25                              more than 28 grams, less than 30

26                              kilograms.

27  893.135

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

29                              more than 400 grams.

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    Florida Senate - 2000                                  SB 1840
    23-1000A-00                                         See HB 955




  1  893.135

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

  3                              than 25 kilograms.

  4  893.135

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

  6                              than 200 grams.

  7         Section 3.  This act shall take effect July 1, 2000.

  8

  9            *****************************************

10                       LEGISLATIVE SUMMARY

11
      Prohibits the unlawful manufacture, possession, sale,
12    delivery, display, use, or attempted or threatened use of
      a "weapon of mass destruction" or a "hoax weapon of mass
13    destruction," as defined by the act. Prohibits unlawful
      conspiring to use such weapons and making such weapons
14    readily accessible to others.  Provides a first degree
      felony penalty for violation with respect to a weapon of
15    mass destruction and provides that violation which
      results in death is a capital felony.  Provides a second
16    degree felony penalty for violation with respect to a
      hoax weapon of mass destruction. Ranks the offenses for
17    purposes of sentencing under the Criminal Punishment
      Code.
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