Senate Bill 1840c1

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    Florida Senate - 2000                           CS for SB 1840

    By the Committee on Criminal Justice and Senator Lee





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  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:

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    Florida Senate - 2000                           CS for SB 1840
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  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 term:

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

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

10  to cause death or serious bodily injury through the release,

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

12  their precursors;

13         2.  Any device or object involving a disease organism;

14  or

15         3.  Any device or object that is designed to release

16  radiation or radioactivity at a level dangerous to human life.

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

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

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

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

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

22  facsimile, imitation, counterfeit, or representation of a

23  weapon of mass destruction which does not meet the definition

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

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

26  vector, or delivery system prohibited by this section.

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

28  infectious substance, or biological product that may be

29  engineered through biotechnology, or any naturally occurring

30  or bioengineered component of any such microorganism, virus,

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    Florida Senate - 2000                           CS for SB 1840
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  1  infectious substance, or biological product, capable of

  2  causing:

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

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

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

  6  or material of any kind; or

  7         3.  Deleterious alteration of the environment.

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

  9  animals, microorganisms, viruses, fungi, or infectious

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

11  method of reproduction, including:

12         1.  Any poisonous substance or biological product that

13  may be engineered through biotechnology produced by a living

14  organism; or

15         2.  Any poisonous isomer or biological product,

16  homolog, or derivative of such substance.

17         (e)  "Delivery system" means:

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

19  delivery specifically designed to deliver or disseminate a

20  biological agent, toxin, or vector; or

21         2.  Any vector.

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

23  including a recombinant molecule or biological product that

24  may be engineered through biotechnology, capable of carrying a

25  biological agent or toxin to a host.

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

27  manufactures, possesses, sells, delivers, displays, uses,

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

29  makes readily accessible to others a weapon of mass

30  destruction, including any biological agent, toxin, vector, or

31  delivery system as those terms are defined in this section,

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  1  commits a felony of the first degree, punishable by

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

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

  4  death results, commits a capital felony, punishable as

  5  provided in s. 775.082.

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

  7  manufactures, possesses, sells, delivers, displays, uses,

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

  9  makes readily accessible to others, a hoax weapon of mass

10  destruction with the intent to deceive or otherwise mislead

11  another person into believing that the hoax weapon of mass

12  destruction will cause terror, bodily harm, or property damage

13  commits a felony of the second degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084.

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

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

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

18  otherwise engaged in lawful activity within the scope of his

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

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

21  or otherwise engage in activity relative to this section and

22  if such person is in compliance with applicable federal and

23  state law.

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

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

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

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    Florida Senate - 2000                           CS for SB 1840
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  1  Florida           Felony

  2  Statute           Degree             Description

  3

  4

  5                              (g)  LEVEL 7

  6  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  7                              injury.

  8  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  9                              bodily injury.

10  402.319(2)         2nd      Misrepresentation and negligence

11                              or intentional act resulting in

12                              great bodily harm, permanent

13                              disfiguration, permanent

14                              disability, or death.

15  409.920(2)         3rd      Medicaid provider fraud.

16  494.0018(2)        1st      Conviction of any violation of

17                              ss. 494.001-494.0077 in which the

18                              total money and property

19                              unlawfully obtained exceeded

20                              $50,000 and there were five or

21                              more victims.

22  782.051(3)         2nd      Attempted felony murder of a

23                              person by a person other than the

24                              perpetrator or the perpetrator of

25                              an attempted felony.

26  782.07(1)          2nd      Killing of a human being by the

27                              act, procurement, or culpable

28                              negligence of another

29                              (manslaughter).

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

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

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

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

  2                              specified circumstances.

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

  4                              attempting to use a hoax weapon

  5                              of mass destruction.

  6  796.03             2nd      Procuring any person under 16

  7                              years for prostitution.

  8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)      1st      Property stolen, valued at

24                              $100,000 or more; property stolen

25                              while causing other property

26                              damage; 1st degree grand theft.

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

  4                              disabled adult causing great

  5                              bodily harm, disability, or

  6                              disfigurement.

  7  825.1025(2)        2nd      Lewd or lascivious battery upon

  8                              an elderly person or disabled

  9                              adult.

10  825.103(2)(b)      2nd      Exploiting an elderly person or

11                              disabled adult and property is

12                              valued at $20,000 or more, but

13                              less than $100,000.

14  827.03(3)(b)       2nd      Neglect of a child causing great

15                              bodily harm, disability, or

16                              disfigurement.

17  827.04(3)          3rd      Impregnation of a child under 16

18                              years of age by person 21 years

19                              of age or older.

20  837.05(2)          3rd      Giving false information about

21                              alleged capital felony to a law

22                              enforcement officer.

23  872.06             2nd      Abuse of a dead human body.

24  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

25                              cocaine (or other drug prohibited

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

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

28                              1,000 feet of a child care

29                              facility or school.

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

  2                              cocaine or other drug prohibited

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

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

  5                              1,000 feet of property used for

  6                              religious services or a specified

  7                              business site.

  8  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

11  893.135(1)(a)1.    1st      Trafficking in cannabis, more

12                              than 50 lbs., less than 2,000

13                              lbs.

14  893.135

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

16                              28 grams, less than 200 grams.

17  893.135

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

19                              more than 4 grams, less than 14

20                              grams.

21  893.135

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

23                              more than 28 grams, less than 200

24                              grams.

25  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

26                              than 200 grams, less than 5

27                              kilograms.

28  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

29                              than 14 grams, less than 28

30                              grams.

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  1  893.135

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

  3                              grams or more, less than 14

  4                              grams.

  5                              (i)  LEVEL 9

  6  316.193

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

  8                              render aid or give information.

  9  782.04(1)          1st      Attempt, conspire, or solicit to

10                              commit premeditated murder.

11  782.04(3)          1st,PBL   Accomplice to murder in

12                              connection with arson, sexual

13                              battery, robbery, burglary, and

14                              other specified felonies.

15  782.051(1)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony enumerated in

18                              s. 782.04(3).

19  782.07(2)          1st      Aggravated manslaughter of an

20                              elderly person or disabled adult.

21  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

22                              reward or as a shield or hostage.

23  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

24                              or facilitate commission of any

25                              felony.

26  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

27                              interfere with performance of any

28                              governmental or political

29                              function.

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

  2                              age 13; perpetrator also commits

  3                              aggravated child abuse, sexual

  4                              battery, or lewd or lascivious

  5                              battery, molestation, conduct, or

  6                              exhibition.

  7  790.161            1st      Attempted capital destructive

  8                              device offense.

  9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  827.03(2)          1st      Aggravated child abuse.

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  1  847.0145(1)        1st      Selling, or otherwise

  2                              transferring custody or control,

  3                              of a minor.

  4  847.0145(2)        1st      Purchasing, or otherwise

  5                              obtaining custody or control, of

  6                              a minor.

  7  859.01             1st      Poisoning food, drink, medicine,

  8                              or water with intent to kill or

  9                              injure another person.

10  893.135            1st      Attempted capital trafficking

11                              offense.

12  893.135(1)(a)3.    1st      Trafficking in cannabis, more

13                              than 10,000 lbs.

14  893.135

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

16                              400 grams, less than 150

17                              kilograms.

18  893.135

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

20                              more than 28 grams, less than 30

21                              kilograms.

22  893.135

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

24                              more than 400 grams.

25  893.135

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

27                              than 25 kilograms.

28  893.135

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

30                              than 200 grams.

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

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1840

  3

  4  -     Deletes the term "destructive devise" from the
          definition of a weapon of mass destruction since current
  5        law already provides penalties for possession or use of
          a destructive device. Other references to destructive
  6        device are also deleted.

  7  -     Deletes provision excluding chemical weapons from weapon
          of mass destruction offense to clarify that use or
  8        possession of chemical weapons do come within scope of
          newly created offense.
  9
    -     Deletes provisions requiring that the weapons of mass
10        destruction offense must be committed "against" any
          person in the state or "against" any state property
11        since these elements do not relate well with the
          manufacture, possess, sell, deliver, or display
12        elements.

13  -     Adds intent element to the hoax weapon of mass
          destruction offense to clarify that use of hoax must be
14        with the intent to deceive or otherwise mislead another
          person into believing that the hoax weapon will cause
15        terror, bodily harm, or property damage.

16  -     Adds the designation "PBL" in the Offense Severity
          Ranking Chart for the new created first degree felony
17        which is punishable by life imprisonment.

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