House Bill 0955

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    Florida House of Representatives - 2000                 HB 955

        By Representative Futch






  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; providing an

22         effective date.

23

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

25

26         Section 1.  Section 790.166, Florida Statutes, is

27  created to read:

28         790.166  Manufacture, possession, sale, delivery,

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

30  mass destruction or hoax weapon of mass destruction

31  prohibited; definitions; penalties.--

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    Florida House of Representatives - 2000                 HB 955

    531-176-00






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

  2  have the following meanings:

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

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

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

  6  death or serious bodily injury through the release,

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

  8  their precursors;

  9         3.  Any weapon involving a disease organism; or

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

11  radioactivity at a level dangerous to human life.

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

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

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

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

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

17  facsimile, imitation, counterfeit, or representation of a

18  weapon of mass destruction which does not meet the definition

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

20  contain or constitute a weapon, destructive device, biological

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

22  section.

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

24  infectious substance, or biological product that may be

25  engineered through biotechnology, or any naturally occurring

26  or bioengineered component of any such microorganism, virus,

27  infectious substance, or biological product, capable of

28  causing:

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

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

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    Florida House of Representatives - 2000                 HB 955

    531-176-00






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

  2  or material of any kind; or

  3         3.  Deleterious alteration of the environment.

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

  5  animals, microorganisms, viruses, fungi, or infectious

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

  7  method of reproduction, including:

  8         1.  Any poisonous substance or biological product that

  9  may be engineered through biotechnology produced by a living

10  organism; or

11         2.  Any poisonous isomer or biological product,

12  homolog, or derivative of such substance.

13         (e)  "Delivery system" means:

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

15  delivery specifically designed to deliver or disseminate a

16  biological agent, toxin, or vector; or

17         2.  Any vector.

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

19  including a recombinant molecule or biological product that

20  may be engineered through biotechnology, capable of carrying a

21  biological agent or toxin to a host.

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

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

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

25  manufactures, possesses, sells, delivers, displays, uses,

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

27  makes readily accessible to others a weapon of mass

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

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

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

31  terms are defined in this section:

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    Florida House of Representatives - 2000                 HB 955

    531-176-00






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

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

  3  state; or

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

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

  6  political subdivision of the state, provided the offense

  7  occurs in whole or in part within the state,

  8

  9  commits a felony of the first degree, punishable by

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

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

12  death results, commits a capital felony, punishable as

13  provided in s. 775.082.

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

15  manufactures, possesses, sells, delivers, displays, uses,

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

17  makes readily accessible to others a hoax weapon of mass

18  destruction commits a felony of the second degree, punishable

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

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

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

22  or state governmental agencies or personnel, or private

23  entities otherwise engaged in lawful activity within the scope

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

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

26  display, or otherwise engage in activity relative to this

27  section and if such person is in compliance with applicable

28  federal and state law.

29         Section 2.  This act shall take effect July 1, 2000.

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    Florida House of Representatives - 2000                 HB 955

    531-176-00






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  2                          HOUSE SUMMARY

  3
      Prohibits the unlawful manufacture, possession, sale,
  4    delivery, display, use, or attempted or threatened use of
      a "weapon of mass destruction" or a "hoax weapon of mass
  5    destruction," as defined by the act. Prohibits unlawful
      conspiring to use such weapons and making such weapons
  6    readily accessible to others.  Provides a first degree
      felony penalty for violation with respect to a weapon of
  7    mass destruction and provides that violation which
      results in death is a capital felony.  Provides a second
  8    degree felony penalty for violation with respect to a
      hoax weapon of mass destruction.
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