Senate Bill hb0955e1

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                                        CS/HB 955, First Engrossed



  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

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

  4         and delivery of weapons and firearms; extending

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

  6         790.166, F.S.; prohibiting the unlawful

  7         manufacture, possession, sale, delivery,

  8         display, use, or attempted or threatened use of

  9         a weapon of mass destruction; prohibiting

10         unlawful conspiring to use such weapon;

11         prohibiting making such weapon readily

12         accessible to others; providing a first degree

13         felony penalty for violation; providing that

14         violation which results in death is a capital

15         felony; prohibiting the unlawful manufacture,

16         possession, sale, delivery, display, use, or

17         attempted or threatened use of a hoax weapon of

18         mass destruction; prohibiting unlawful

19         conspiring to use such weapon; prohibiting

20         making such weapon readily accessible to

21         others; providing a second degree felony

22         penalty for violation; providing definitions

23         for purposes of the act; providing

24         nonapplicability of the act; amending s.

25         921.0022, F.S., relating to the Criminal

26         Punishment Code; providing for ranking the

27         offense of possessing, selling, or using a

28         weapon of mass destruction and the offense of

29         possessing, selling, or using a hoax weapon of

30         mass destruction; providing effective dates.

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                                        CS/HB 955, First Engrossed



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

  2

  3         Section 1.  Section 790.065, Florida Statutes, is

  4  amended to read:

  5         790.065  Sale and delivery of firearms.--

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

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

  8  inventory at her or his licensed premises any firearm to

  9  another person, other than a licensed importer, licensed

10  manufacturer, licensed dealer, or licensed collector, until

11  she or he has:

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

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

14  Department of Law Enforcement and provided by the licensed

15  importer, licensed manufacturer, or licensed dealer, which

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

17  social security number or other identification number of such

18  potential buyer or transferee and has inspected proper

19  identification including an identification containing a

20  photograph of the potential buyer or transferee.

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

22  processing the criminal history check of the potential buyer.

23  The fee shall be established by the Department of Law

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

25  Department of Law Enforcement may reduce, or suspend

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

27  Federal Government applied to the cost of maintaining the

28  criminal history check system established by this section as a

29  means of facilitating or supplementing the National Instant

30  Criminal Background Check System. The Department of Law

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


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                                        CS/HB 955, First Engrossed



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

  2  Enforcement. All such fees shall be deposited into the

  3  Department of Law Enforcement Operating Trust Fund, but shall

  4  be segregated from all other funds deposited into such trust

  5  fund and must be accounted for separately.  Such segregated

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

  7  operation of the criminal history checks required by this

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

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

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

11  Speaker of the House of Representatives, the majority and

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

13  chairs of the appropriations committees of each house of the

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

15  collected exceeds the cumulative amount of expenditures by

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

17  purpose of purchasing soft body armor for law enforcement

18  officers.

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

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

21  information as reported and reflected in the Florida Crime

22  Information Center and National Crime Information Center

23  systems as of the date of the request.

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

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

26  and such number on the consent form.

27

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

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

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

31  holds an active certification from the Criminal Justice


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                                        CS/HB 955, First Engrossed



  1  Standards and Training Commission as a "law enforcement

  2  officer," a "correctional officer," or a "correctional

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

  4  (7), (8), or (9), the provisions of this subsection do not

  5  apply.

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

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

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

  9         (a)  Review criminal history records to determine if

10  the potential buyer or transferee:

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

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

13         2.  Has been convicted of a misdemeanor crime of

14  domestic violence, and therefore is prohibited from purchasing

15  a firearm; or

16         3.  Has had adjudication of guilt withheld or

17  imposition of sentence suspended on any felony or misdemeanor

18  crime of domestic violence unless 3 years have elapsed since

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

20  fulfilled or expunction has occurred.

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

22  records demonstrate that the buyer or transferee is so

23  prohibited and provide the licensee a nonapproval number, or

24  provide the licensee with a unique approval number.

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

26  whether the potential buyer or transferee has been indicted or

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

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

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

30  against domestic violence entered against the potential buyer

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


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                                        CS/HB 955, First Engrossed



  1  protection against repeat violence entered against the

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

  3  arrested for a dangerous crime as specified in s.

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

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

  6         b.  Extortion under s. 836.05.

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

  8         d.  Controlled substances violations under chapter 893.

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

10         f.  Weapons and firearms violations under this chapter.

11         g.  Treason under s. 876.32.

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

13         i.  Sabotage under s. 876.38.

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

15

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

17  arrest, the department shall provide to the licensee a

18  conditional nonapproval number.

19         2.  Within 24 working hours, the department shall

20  determine the disposition of the indictment, information, or

21  arrest and inform the licensee as to whether the potential

22  buyer is prohibited from receiving or possessing a firearm.

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

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

25  legal holidays.

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

27  the department, shall respond to any department request for

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

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

30  working hours.

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                                        CS/HB 955, First Engrossed



  1         4.  The department shall determine as quickly as

  2  possible within the allotted time period whether the potential

  3  buyer is prohibited from receiving or possessing a firearm.

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

  5  the department cannot determine the disposition information

  6  within the allotted time period, the department shall provide

  7  the licensee with a conditional approval number.

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

  9  nonapproval number shall become a nonapproval number.

10         7.  The department shall continue its attempts to

11  obtain the disposition information and may retain a record of

12  all approval numbers granted without sufficient disposition

13  information.  If the department later obtains disposition

14  information which indicates:

15         a.  That the potential buyer is not prohibited from

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

17  in accordance with this section; or

18         b.  That the potential buyer is prohibited from owning

19  a firearm, it shall immediately revoke the conditional

20  approval number and notify local law enforcement.

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

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

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

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

25  conditional nonapproval number shall remain in effect.

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

27  electronic failure, or similar emergency beyond the control of

28  the Department of Law Enforcement, the department shall

29  immediately notify the licensee of the reason for, and

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

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


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                                        CS/HB 955, First Engrossed



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

  2  requesting licensee if its records demonstrate that the buyer

  3  or transferee is prohibited from receipt or possession of a

  4  firearm pursuant to Florida and Federal law or provide the

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

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

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

  8  received a unique approval number, the licensee may complete

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

10  this section with respect to such sale or transfer.

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

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

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

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

15  which records are created by the Department of Law Enforcement

16  to conduct the criminal history record check shall be

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

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

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

20  agency. The Department of Law Enforcement shall destroy any

21  such records forthwith after it communicates the approval and

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

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

24  the response to the licensee's request.

25         (b)  Notwithstanding the provisions of this subsection,

26  the Department of Law Enforcement may maintain records of NCIC

27  transactions to the extent required by the Federal Government,

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

29  history records checks, unique approval and nonapproval

30  numbers, license identification numbers, and transaction

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                                        CS/HB 955, First Engrossed



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

  2  than 2 years or as otherwise required by law.

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

  4  allow the State of Florida to maintain records containing the

  5  names of purchasers or transferees who receive unique approval

  6  numbers or to maintain records of firearm transactions.

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

  8  employee of the Department of Law Enforcement or law

  9  enforcement agency who intentionally and maliciously violates

10  the provisions of this subsection commits a felony of the

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

12  775.083.

13         (5)  The Department of Law Enforcement shall establish

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

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

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

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

18  described in this section from licensed manufacturers,

19  licensed importers, and licensed dealers.  The Department of

20  Law Enforcement shall employ and train such personnel as are

21  necessary expeditiously to administer the provisions of this

22  section.

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

24  purchase a firearm as a result of the procedures established

25  by this section may request a criminal history records review

26  and correction in accordance with the rules promulgated by the

27  Department of Law Enforcement.

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

29  licensed manufacturer, or licensed importer willfully and

30  intentionally to request criminal history record information

31  under false pretenses, or willfully and intentionally to


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                                        CS/HB 955, First Engrossed



  1  disseminate criminal history record information to any person

  2  other than the subject of such information.  Any person

  3  convicted of a violation of this subsection commits a felony

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

  5  775.083.

  6         (8)  The Department of Law Enforcement shall promulgate

  7  regulations to ensure the identity, confidentiality, and

  8  security of all records and data provided pursuant to this

  9  section.

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

11  as the Department of Law Enforcement has notified all licensed

12  importers, licensed manufacturers, and licensed dealers in

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

14  this section are operational. This section shall remain in

15  effect only during such times as the procedures described in

16  subsection (2) remain operational.

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

18  licensed dealer is not required to comply with the

19  requirements of this section in the event of:

20         (a)  Unavailability of telephone service at the

21  licensed premises due to the failure of the entity which

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

23  geographical area in which the licensee is located to provide

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

25  location of said premises; or the interruption of telephone

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

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

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

29  control of the licensee; or

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

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


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                                        CS/HB 955, First Engrossed



  1         (11)  Compliance with the provisions of this chapter

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

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

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

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

  6  a crime punishable by imprisonment for a term exceeding 1

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

  8  interstate or foreign commerce.  The Department of Law

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

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

11  liability for damages arising from its actions in lawful

12  compliance with this section.

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

14  willfully and knowingly provides false information or false or

15  fraudulent identification commits a felony of the third degree

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

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

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

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

20  s. 775.082 or s. 775.083.

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

22  licensed manufacturer, or licensed dealer who violates the

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

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

25         (d)  Any person who knowingly acquires a firearm

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

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

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

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

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

31  sheriff's offices, municipal police departments, correctional


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                                        CS/HB 955, First Engrossed



  1  facilities or agencies, or other criminal justice or

  2  governmental agencies when the purchases or transfers are made

  3  on behalf of an employing agency for official law enforcement

  4  purposes.

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

  6  2000.

  7         Section 2.  Section 790.166, Florida Statutes, is

  8  created to read:

  9         790.166  Manufacture, possession, sale, delivery,

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

11  mass destruction or hoax weapon of mass destruction

12  prohibited; definitions; penalties.--

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

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

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

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

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

18  their precursors;

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

20  or

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

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

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

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

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

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

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

28  facsimile, imitation, counterfeit, or representation of a

29  weapon of mass destruction which does not meet the definition

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

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                                        CS/HB 955, First Engrossed



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

  2  vector, or delivery system prohibited by this section.

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

  4  infectious substance, or biological product that may be

  5  engineered through biotechnology, or any naturally occurring

  6  or bioengineered component of any such microorganism, virus,

  7  infectious substance, or biological product, capable of

  8  causing:

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

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

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

12  or material of any kind; or

13         3.  Deleterious alteration of the environment.

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

15  animals, microorganisms, viruses, fungi, or infectious

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

17  method of reproduction, including:

18         1.  Any poisonous substance or biological product that

19  may be engineered through biotechnology produced by a living

20  organism; or

21         2.  Any poisonous isomer or biological product,

22  homolog, or derivative of such substance.

23         (e)  "Delivery system" means:

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

25  delivery specifically designed to deliver or disseminate a

26  biological agent, toxin, or vector; or

27         2.  Any vector.

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

29  including a recombinant molecule or biological product that

30  may be engineered through biotechnology, capable of carrying a

31  biological agent or toxin to a host.


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                                        CS/HB 955, First Engrossed



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

  2  manufactures, possesses, sells, delivers, displays, uses,

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

  4  makes readily accessible to others a weapon of mass

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

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

  7  commits a felony of the first degree, punishable by

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

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

10  death results, commits a capital felony, punishable as

11  provided in s. 775.082.

12         (3)  Any 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 hoax weapon of mass

16  destruction with the intent to deceive or otherwise mislead

17  another person into believing that the hoax weapon of mass

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

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

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

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

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

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

24  otherwise engaged in lawful activity within the scope of his

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

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

27  or otherwise engage in activity relative to this section and

28  if such person is in compliance with applicable federal and

29  state law.

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

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


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                                        CS/HB 955, First Engrossed



  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8

  9                              (g)  LEVEL 7

10  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

11                              injury.

12  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

13                              bodily injury.

14  402.319(2)         2nd      Misrepresentation and negligence

15                              or intentional act resulting in

16                              great bodily harm, permanent

17                              disfiguration, permanent

18                              disability, or death.

19  409.920(2)         3rd      Medicaid provider fraud.

20  494.0018(2)        1st      Conviction of any violation of

21                              ss. 494.001-494.0077 in which the

22                              total money and property

23                              unlawfully obtained exceeded

24                              $50,000 and there were five or

25                              more victims.

26  782.051(3)         2nd      Attempted felony murder of a

27                              person by a person other than the

28                              perpetrator or the perpetrator of

29                              an attempted felony.

30

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                                        CS/HB 955, First Engrossed



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

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            2nd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

13  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

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                                        CS/HB 955, First Engrossed



  1  784.083(1)         1st      Aggravated battery on code

  2                              inspector.

  3  790.07(4)          1st      Specified weapons violation

  4                              subsequent to previous conviction

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

  6  790.16(1)          1st      Discharge of a machine gun under

  7                              specified circumstances.

  8  790.166(3)         2nd      Possessing, selling, using, or

  9                              attempting to use a hoax weapon

10                              of mass destruction.

11  796.03             2nd      Procuring any person under 16

12                              years for prostitution.

13  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

14                              victim less than 12 years of age;

15                              offender less than 18 years.

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

17                              victim 12 years of age or older

18                              but less than 16 years; offender

19                              18 years or older.

20  806.01(2)          2nd      Maliciously damage structure by

21                              fire or explosive.

22  810.02(3)(a)       2nd      Burglary of occupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

25                              unarmed; no assault or battery.

26  810.02(3)(d)       2nd      Burglary of occupied conveyance;

27                              unarmed; no assault or battery.

28  812.014(2)(a)      1st      Property stolen, valued at

29                              $100,000 or more; property stolen

30                              while causing other property

31                              damage; 1st degree grand theft.


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                                        CS/HB 955, First Engrossed



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

  2                              organizes, plans, etc., the theft

  3                              of property and traffics in

  4                              stolen property.

  5  812.131(2)(a)      2nd      Robbery by sudden snatching.

  6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  7                              weapon, or other weapon.

  8  825.102(3)(b)      2nd      Neglecting an elderly person or

  9                              disabled adult causing great

10                              bodily harm, disability, or

11                              disfigurement.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  872.06             2nd      Abuse of a dead human body.

29

30

31


                                  17

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






                                        CS/HB 955, First Engrossed



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

  6                              facility or school.

  7  893.13(1)(e)       1st      Sell, manufacture, or deliver

  8                              cocaine or other drug prohibited

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

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

11                              1,000 feet of property used for

12                              religious services or a specified

13                              business site.

14  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

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

18                              than 50 lbs., less than 2,000

19                              lbs.

20  893.135

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

22                              28 grams, less than 200 grams.

23  893.135

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

25                              more than 4 grams, less than 14

26                              grams.

27  893.135

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

29                              more than 28 grams, less than 200

30                              grams.

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






                                        CS/HB 955, First Engrossed



  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.


                                  19

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                                        CS/HB 955, First Engrossed



  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,PBL  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.

31


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                                        CS/HB 955, First Engrossed



  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.

30

31


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                                        CS/HB 955, First Engrossed



  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 4.  This act shall take effect upon becoming a

  8  law, except that sections 2 and 3 of this act shall take

  9  effect July 1, 2000.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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