CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Lee 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.  Section 790.065, Florida Statutes, is

18  amended to read:

19         790.065  Sale and delivery of firearms.--

20         (1)  A licensed importer, licensed manufacturer, or

21  licensed dealer may not sell or deliver from her or his

22  inventory at her or his licensed premises any firearm to

23  another person, other than a licensed importer, licensed

24  manufacturer, licensed dealer, or licensed collector, until

25  she or he has:

26         (a)  Obtained a completed form from the potential buyer

27  or transferee, which form shall have been promulgated by the

28  Department of Law Enforcement and provided by the licensed

29  importer, licensed manufacturer, or licensed dealer, which

30  shall include the name, date of birth, gender, race, and

31  social security number or other identification number of such

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  potential buyer or transferee and has inspected proper

 2  identification including an identification containing a

 3  photograph of the potential buyer or transferee.

 4         (b)  Collected a fee from the potential buyer for

 5  processing the criminal history check of the potential buyer.

 6  The fee shall be established by the Department of Law

 7  Enforcement and may not exceed $8 per transaction. The

 8  Department of Law Enforcement may reduce, or suspend

 9  collection of, the fee to reflect payment received from the

10  Federal Government applied to the cost of maintaining the

11  criminal history check system established by this section as a

12  means of facilitating or supplementing the National Instant

13  Criminal Background Check System. The Department of Law

14  Enforcement shall, by rule, establish procedures for the fees

15  to be transmitted by the licensee to the Department of Law

16  Enforcement. All such fees shall be deposited into the

17  Department of Law Enforcement Operating Trust Fund, but shall

18  be segregated from all other funds deposited into such trust

19  fund and must be accounted for separately.  Such segregated

20  funds must not be used for any purpose other than the

21  operation of the criminal history checks required by this

22  section. The Department of Law Enforcement, each year prior to

23  February 1, shall make a full accounting of all receipts and

24  expenditures of such funds to the President of the Senate, the

25  Speaker of the House of Representatives, the majority and

26  minority leaders of each house of the Legislature, and the

27  chairs of the appropriations committees of each house of the

28  Legislature.  In the event that the cumulative amount of funds

29  collected exceeds the cumulative amount of expenditures by

30  more than $2.5 million, excess funds may be used for the

31  purpose of purchasing soft body armor for law enforcement

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  officers.

 2         (c)  Requested, by means of a toll-free telephone call,

 3  the Department of Law Enforcement to conduct a check of the

 4  information as reported and reflected in the Florida Crime

 5  Information Center and National Crime Information Center

 6  systems as of the date of the request.

 7         (d)  Received a unique approval number for that inquiry

 8  from the Department of Law Enforcement, and recorded the date

 9  and such number on the consent form.

10

11  However, if the person purchasing, or receiving delivery of,

12  the firearm is a holder of a valid concealed weapons or

13  firearms license pursuant to the provisions of s. 790.06 or

14  holds an active certification from the Criminal Justice

15  Standards and Training Commission as a "law enforcement

16  officer," a "correctional officer," or a "correctional

17  probation officer" as defined in s. 943.10(1), (2), (3), (6),

18  (7), (8), or (9), the provisions of this subsection do not

19  apply.

20         (2)  Upon receipt of a request for a criminal history

21  record check, the Department of Law Enforcement shall, during

22  the licensee's call or by return call, forthwith:

23         (a)  Review criminal history records to determine if

24  the potential buyer or transferee:

25         1.  Has been convicted of a felony and is prohibited

26  from receipt or possession of a firearm pursuant to s. 790.23;

27         2.  Has been convicted of a misdemeanor crime of

28  domestic violence, and therefore is prohibited from purchasing

29  a firearm; or

30         3.  Has had adjudication of guilt withheld or

31  imposition of sentence suspended on any felony or misdemeanor

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  crime of domestic violence unless 3 years have elapsed since

 2  probation or any other conditions set by the court have been

 3  fulfilled or expunction has occurred.

 4         (b)  Inform the licensee making the inquiry either that

 5  records demonstrate that the buyer or transferee is so

 6  prohibited and provide the licensee a nonapproval number, or

 7  provide the licensee with a unique approval number.

 8         (c)1.  Review any records available to it to determine

 9  whether the potential buyer or transferee has been indicted or

10  has had an information filed against her or him for an offense

11  that is a felony under either state or federal law, or, as

12  mandated by federal law, has had an injunction for protection

13  against domestic violence entered against the potential buyer

14  or transferee under s. 741.30, has had an injunction for

15  protection against repeat violence entered against the

16  potential buyer or transferee under s. 784.046, or has been

17  arrested for a dangerous crime as specified in s.

18  907.041(4)(a) or for any of the following enumerated offenses:

19         a.  Criminal anarchy under ss. 876.01 and 876.02.

20         b.  Extortion under s. 836.05.

21         c.  Explosives violations under s. 552.22(1) and (2).

22         d.  Controlled substances violations under chapter 893.

23         e.  Resisting an officer with violence under s. 843.01.

24         f.  Weapons and firearms violations under this chapter.

25         g.  Treason under s. 876.32.

26         h.  Assisting self-murder under s. 782.08.

27         i.  Sabotage under s. 876.38.

28         j.  Stalking or aggravated stalking under s. 784.048.

29

30  If the review indicates any such indictment, information, or

31  arrest, the department shall provide to the licensee a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  conditional nonapproval number.

 2         2.  Within 24 working hours, the department shall

 3  determine the disposition of the indictment, information, or

 4  arrest and inform the licensee as to whether the potential

 5  buyer is prohibited from receiving or possessing a firearm.

 6  For purposes of this paragraph, "working hours" means the

 7  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

 8  legal holidays.

 9         3.  The office of the clerk of court, at no charge to

10  the department, shall respond to any department request for

11  data on the disposition of the indictment, information, or

12  arrest as soon as possible, but in no event later than 8

13  working hours.

14         4.  The department shall determine as quickly as

15  possible within the allotted time period whether the potential

16  buyer is prohibited from receiving or possessing a firearm.

17         5.  If the potential buyer is not so prohibited, or if

18  the department cannot determine the disposition information

19  within the allotted time period, the department shall provide

20  the licensee with a conditional approval number.

21         6.  If the buyer is so prohibited, the conditional

22  nonapproval number shall become a nonapproval number.

23         7.  The department shall continue its attempts to

24  obtain the disposition information and may retain a record of

25  all approval numbers granted without sufficient disposition

26  information.  If the department later obtains disposition

27  information which indicates:

28         a.  That the potential buyer is not prohibited from

29  owning a firearm, it shall treat the record of the transaction

30  in accordance with this section; or

31         b.  That the potential buyer is prohibited from owning

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  a firearm, it shall immediately revoke the conditional

 2  approval number and notify local law enforcement.

 3         8.  During the time that disposition of the indictment,

 4  information, or arrest is pending and until the department is

 5  notified by the potential buyer that there has been a final

 6  disposition of the indictment, information, or arrest, the

 7  conditional nonapproval number shall remain in effect.

 8         (3)  In the event of scheduled computer downtime,

 9  electronic failure, or similar emergency beyond the control of

10  the Department of Law Enforcement, the department shall

11  immediately notify the licensee of the reason for, and

12  estimated length of, such delay.  After such notification, the

13  department shall forthwith, and in no event later than the end

14  of the next business day of the licensee, either inform the

15  requesting licensee if its records demonstrate that the buyer

16  or transferee is prohibited from receipt or possession of a

17  firearm pursuant to Florida and Federal law or provide the

18  licensee with a unique approval number. Unless notified by the

19  end of said next business day that the buyer or transferee is

20  so prohibited, and without regard to whether she or he has

21  received a unique approval number, the licensee may complete

22  the sale or transfer and shall not be deemed in violation of

23  this section with respect to such sale or transfer.

24         (4)(a)  Any records containing any of the information

25  set forth in subsection (1) pertaining to a buyer or

26  transferee who is not found to be prohibited from receipt or

27  transfer of a firearm by reason of Florida and federal law

28  which records are created by the Department of Law Enforcement

29  to conduct the criminal history record check shall be

30  confidential and exempt from the provisions of s. 119.07(1)

31  and may not be disclosed by the Department of Law Enforcement

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  or any officer or employee thereof to any person or to another

 2  agency. The Department of Law Enforcement shall destroy any

 3  such records forthwith after it communicates the approval and

 4  nonapproval numbers to the licensee and, in any event, such

 5  records shall be destroyed within 48 hours after the day of

 6  the response to the licensee's request.

 7         (b)  Notwithstanding the provisions of this subsection,

 8  the Department of Law Enforcement may maintain records of NCIC

 9  transactions to the extent required by the Federal Government,

10  and may maintain a log of dates of requests for criminal

11  history records checks, unique approval and nonapproval

12  numbers, license identification numbers, and transaction

13  numbers corresponding to such dates for a period of not longer

14  than 2 years or as otherwise required by law.

15         (c)  Nothing in this chapter shall be construed to

16  allow the State of Florida to maintain records containing the

17  names of purchasers or transferees who receive unique approval

18  numbers or to maintain records of firearm transactions.

19         (d)  Any officer or employee, or former officer or

20  employee of the Department of Law Enforcement or law

21  enforcement agency who intentionally and maliciously violates

22  the provisions of this subsection commits a felony of the

23  third degree punishable as provided in s. 775.082 or s.

24  775.083.

25         (5)  The Department of Law Enforcement shall establish

26  a toll-free telephone number which shall be operational 7 days

27  a week with the exception of Christmas Day and New Year's Day,

28  for a period of 12 hours a day beginning at 9 a.m. and ending

29  at 9 p.m., for purposes of responding to inquiries as

30  described in this section from licensed manufacturers,

31  licensed importers, and licensed dealers.  The Department of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  Law Enforcement shall employ and train such personnel as are

 2  necessary expeditiously to administer the provisions of this

 3  section.

 4         (6)  Any person who is denied the right to receive or

 5  purchase a firearm as a result of the procedures established

 6  by this section may request a criminal history records review

 7  and correction in accordance with the rules promulgated by the

 8  Department of Law Enforcement.

 9         (7)  It shall be unlawful for any licensed dealer,

10  licensed manufacturer, or licensed importer willfully and

11  intentionally to request criminal history record information

12  under false pretenses, or willfully and intentionally to

13  disseminate criminal history record information to any person

14  other than the subject of such information.  Any person

15  convicted of a violation of this subsection commits a felony

16  of the third degree punishable as provided in s. 775.082 or s.

17  775.083.

18         (8)  The Department of Law Enforcement shall promulgate

19  regulations to ensure the identity, confidentiality, and

20  security of all records and data provided pursuant to this

21  section.

22         (9)  This section shall become effective at such time

23  as the Department of Law Enforcement has notified all licensed

24  importers, licensed manufacturers, and licensed dealers in

25  writing that the procedures and toll-free number described in

26  this section are operational. This section shall remain in

27  effect only during such times as the procedures described in

28  subsection (2) remain operational.

29         (10)  A licensed importer, licensed manufacturer, or

30  licensed dealer is not required to comply with the

31  requirements of this section in the event of:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1         (a)  Unavailability of telephone service at the

 2  licensed premises due to the failure of the entity which

 3  provides telephone service in the state, region, or other

 4  geographical area in which the licensee is located to provide

 5  telephone service to the premises of the licensee due to the

 6  location of said premises; or the interruption of telephone

 7  service by reason of hurricane, tornado, flood, natural

 8  disaster, or other act of God, war, invasion, insurrection,

 9  riot, or other bona fide emergency, or other reason beyond the

10  control of the licensee; or

11         (b)  Failure of the Department of Law Enforcement to

12  comply with the requirements of subsections (2) and (3).

13         (11)  Compliance with the provisions of this chapter

14  shall be a complete defense to any claim or cause of action

15  under the laws of any state for liability for damages arising

16  from the importation or manufacture, or the subsequent sale or

17  transfer to any person who has been convicted in any court of

18  a crime punishable by imprisonment for a term exceeding 1

19  year, of any firearm which has been shipped or transported in

20  interstate or foreign commerce.  The Department of Law

21  Enforcement, its agents and employees shall not be liable for

22  any claim or cause of action under the laws of any state for

23  liability for damages arising from its actions in lawful

24  compliance with this section.

25         (12)(a)  Any potential buyer or transferee who

26  willfully and knowingly provides false information or false or

27  fraudulent identification commits a felony of the third degree

28  punishable as provided in s. 775.082 or s. 775.083.

29         (b)  Any licensed importer, licensed manufacturer, or

30  licensed dealer who violates the provisions of subsection (1)

31  commits a felony of the third degree punishable as provided in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  s. 775.082 or s. 775.083.

 2         (c)  Any employee or agency of a licensed importer,

 3  licensed manufacturer, or licensed dealer who violates the

 4  provisions of subsection (1) commits a felony of the third

 5  degree punishable as provided in s. 775.082 or s. 775.083.

 6         (d)  Any person who knowingly acquires a firearm

 7  through purchase or transfer intended for the use of a person

 8  who is prohibited by state or federal law from possessing or

 9  receiving a firearm commits a felony of the third degree,

10  punishable as provided in s. 775.082 or s. 775.083.

11         (13)  This section does not apply to employees of

12  sheriff's offices, municipal police departments, correctional

13  facilities or agencies, or other criminal justice or

14  governmental agencies when the purchases or transfers are made

15  on behalf of an employing agency for official law enforcement

16  purposes.

17         (14)  This section is repealed effective June 1, 2002

18  2000.

19         Section 2.  Section 790.166, Florida Statutes, is

20  created to read:

21         790.166  Manufacture, possession, sale, delivery,

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

23  mass destruction or hoax weapon of mass destruction

24  prohibited; definitions; penalties.--

25         (1)  As used in this section, the term:

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

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

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

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

30  their precursors;

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  or

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

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

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

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

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

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

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

 9  facsimile, imitation, counterfeit, or representation of a

10  weapon of mass destruction which does not meet the definition

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

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

13  vector, or delivery system prohibited by this section.

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

15  infectious substance, or biological product that may be

16  engineered through biotechnology, or any naturally occurring

17  or bioengineered component of any such microorganism, virus,

18  infectious substance, or biological product, capable of

19  causing:

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

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

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

23  or material of any kind; or

24         3.  Deleterious alteration of the environment.

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

26  animals, microorganisms, viruses, fungi, or infectious

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

28  method of reproduction, including:

29         1.  Any poisonous substance or biological product that

30  may be engineered through biotechnology produced by a living

31  organism; or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1         2.  Any poisonous isomer or biological product,

 2  homolog, or derivative of such substance.

 3         (e)  "Delivery system" means:

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

 5  delivery specifically designed to deliver or disseminate a

 6  biological agent, toxin, or vector; or

 7         2.  Any vector.

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

 9  including a recombinant molecule or biological product that

10  may be engineered through biotechnology, capable of carrying a

11  biological agent or toxin to a host.

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

13  manufactures, possesses, sells, delivers, displays, uses,

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

15  makes readily accessible to others a weapon of mass

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

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

18  commits a felony of the first degree, punishable by

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

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

21  death results, commits a capital felony, punishable as

22  provided in s. 775.082.

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

24  manufactures, possesses, sells, delivers, displays, uses,

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

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

27  destruction with the intent to deceive or otherwise mislead

28  another person into believing that the hoax weapon of mass

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





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

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

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

 4  otherwise engaged in lawful activity within the scope of his

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

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

 7  or otherwise engage in activity relative to this section and

 8  if such person is in compliance with applicable federal and

 9  state law.

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

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

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

16  Florida           Felony

17  Statute           Degree             Description

18

19

20                              (g)  LEVEL 7

21  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

22                              injury.

23  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

24                              bodily injury.

25  402.319(2)         2nd      Misrepresentation and negligence

26                              or intentional act resulting in

27                              great bodily harm, permanent

28                              disfiguration, permanent

29                              disability, or death.

30  409.920(2)         3rd      Medicaid provider fraud.

31

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

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

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  782.051(3)         2nd      Attempted felony murder of a

 8                              person by a person other than the

 9                              perpetrator or the perpetrator of

10                              an attempted felony.

11  782.07(1)          2nd      Killing of a human being by the

12                              act, procurement, or culpable

13                              negligence of another

14                              (manslaughter).

15  782.071            2nd      Killing of human being or viable

16                              fetus by the operation of a motor

17                              vehicle in a reckless manner

18                              (vehicular homicide).

19  782.072            2nd      Killing of a human being by the

20                              operation of a vessel in a

21                              reckless manner (vessel

22                              homicide).

23  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

24                              causing great bodily harm or

25                              disfigurement.

26  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

27                              weapon.

28  784.045(1)(b)      2nd      Aggravated battery; perpetrator

29                              aware victim pregnant.

30  784.048(4)         3rd      Aggravated stalking; violation of

31                              injunction or court order.

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

 2                              enforcement officer.

 3  784.08(2)(a)       1st      Aggravated battery on a person 65

 4                              years of age or older.

 5  784.081(1)         1st      Aggravated battery on specified

 6                              official or employee.

 7  784.082(1)         1st      Aggravated battery by detained

 8                              person on visitor or other

 9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

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

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

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.

31

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    Amendment No.    





 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; property stolen

 9                              while causing other property

10                              damage; 1st degree grand theft.

11  812.019(2)         1st      Stolen property; initiates,

12                              organizes, plans, etc., the theft

13                              of property and traffics in

14                              stolen property.

15  812.131(2)(a)      2nd      Robbery by sudden snatching.

16  812.133(2)(b)      1st      Carjacking; no firearm, deadly

17                              weapon, or other weapon.

18  825.102(3)(b)      2nd      Neglecting an elderly person or

19                              disabled adult causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  825.1025(2)        2nd      Lewd or lascivious battery upon

23                              an elderly person or disabled

24                              adult.

25  825.103(2)(b)      2nd      Exploiting an elderly person or

26                              disabled adult and property is

27                              valued at $20,000 or more, but

28                              less than $100,000.

29  827.03(3)(b)       2nd      Neglect of a child causing great

30                              bodily harm, disability, or

31                              disfigurement.

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  827.04(3)          3rd      Impregnation of a child under 16

 2                              years of age by person 21 years

 3                              of age or older.

 4  837.05(2)          3rd      Giving false information about

 5                              alleged capital felony to a law

 6                              enforcement officer.

 7  872.06             2nd      Abuse of a dead human body.

 8  893.13(1)(c)1.     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 a child care

13                              facility or school.

14  893.13(1)(e)       1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

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

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

18                              1,000 feet of property used for

19                              religious services or a specified

20                              business site.

21  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

24  893.135(1)(a)1.    1st      Trafficking in cannabis, more

25                              than 50 lbs., less than 2,000

26                              lbs.

27  893.135

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

29                              28 grams, less than 200 grams.

30  893.135

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

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1                              more than 4 grams, less than 14

 2                              grams.

 3  893.135

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

 5                              more than 28 grams, less than 200

 6                              grams.

 7  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

 8                              than 200 grams, less than 5

 9                              kilograms.

10  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

11                              than 14 grams, less than 28

12                              grams.

13  893.135

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

15                              grams or more, less than 14

16                              grams.

17                              (i)  LEVEL 9

18  316.193

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

20                              render aid or give information.

21  782.04(1)          1st      Attempt, conspire, or solicit to

22                              commit premeditated murder.

23  782.04(3)          1st,PBL   Accomplice to murder in

24                              connection with arson, sexual

25                              battery, robbery, burglary, and

26                              other specified felonies.

27  782.051(1)         1st      Attempted felony murder while

28                              perpetrating or attempting to

29                              perpetrate a felony enumerated in

30                              s. 782.04(3).

31

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1  782.07(2)          1st      Aggravated manslaughter of an

 2                              elderly person or disabled adult.

 3  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

 4                              reward or as a shield or hostage.

 5  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 6                              or facilitate commission of any

 7                              felony.

 8  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 9                              interfere with performance of any

10                              governmental or political

11                              function.

12  787.02(3)(a)       1st      False imprisonment; child under

13                              age 13; perpetrator also commits

14                              aggravated child abuse, sexual

15                              battery, or lewd or lascivious

16                              battery, molestation, conduct, or

17                              exhibition.

18  790.161            1st      Attempted capital destructive

19                              device offense.

20  790.166(2)         1st,PBL  Possessing, selling, using, or

21                              attempting to use a weapon of

22                              mass destruction.

23  794.011(2)         1st      Attempted sexual battery; victim

24                              less than 12 years of age.

25  794.011(2)         Life     Sexual battery; offender younger

26                              than 18 years and commits sexual

27                              battery on a person less than 12

28                              years.

29  794.011(4)         1st      Sexual battery; victim 12 years

30                              or older, certain circumstances.

31

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





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

 2                              conduct with minor 12 to 18 years

 3                              by person in familial or

 4                              custodial authority.

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

 6                              victim less than 12 years;

 7                              offender 18 years or older.

 8  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 9                              deadly weapon.

10  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

11                              deadly weapon.

12  827.03(2)          1st      Aggravated child abuse.

13  847.0145(1)        1st      Selling, or otherwise

14                              transferring custody or control,

15                              of a minor.

16  847.0145(2)        1st      Purchasing, or otherwise

17                              obtaining custody or control, of

18                              a minor.

19  859.01             1st      Poisoning food, drink, medicine,

20                              or water with intent to kill or

21                              injure another person.

22  893.135            1st      Attempted capital trafficking

23                              offense.

24  893.135(1)(a)3.    1st      Trafficking in cannabis, more

25                              than 10,000 lbs.

26  893.135

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

28                              400 grams, less than 150

29                              kilograms.

30  893.135

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

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1                              more than 28 grams, less than 30

 2                              kilograms.

 3  893.135

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

 5                              more than 400 grams.

 6  893.135

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

 8                              than 25 kilograms.

 9  893.135

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

11                              than 200 grams.

12         Section 4.  This act shall take effect July 1, 2000.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         Delete everything before the enacting clause

18

19  and insert:

20                      A bill to be entitled

21         An act relating to weapons and firearms;

22         amending s. 790.065, F.S., relating to the sale

23         and delivery of weapons and firearms; extending

24         the date of repeal of such section; creating s.

25         790.166, F.S.; prohibiting the unlawful

26         manufacture, possession, sale, delivery,

27         display, use, or attempted or threatened use of

28         a weapon of mass destruction; prohibiting

29         unlawful conspiring to use such weapon;

30         prohibiting making such weapon readily

31         accessible to others; providing a first degree

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 955

    Amendment No.    





 1         felony penalty for violation; providing that

 2         violation which results in death is a capital

 3         felony; prohibiting the unlawful manufacture,

 4         possession, sale, delivery, display, use, or

 5         attempted or threatened use of a hoax weapon of

 6         mass destruction; prohibiting unlawful

 7         conspiring to use such weapon; prohibiting

 8         making such weapon readily accessible to

 9         others; providing a second degree felony

10         penalty for violation; providing definitions

11         for purposes of the act; providing

12         nonapplicability of the act; amending s.

13         921.0022, F.S., relating to the Criminal

14         Punishment Code; providing for ranking the

15         offense of possessing, selling, or using a

16         weapon of mass destruction and the offense of

17         possessing, selling, or using a hoax weapon of

18         mass destruction; providing an effective date.

19

20

21

22

23

24

25

26

27

28

29

30

31

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