Senate Bill sb1014

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    Florida Senate - 2002                                  SB 1014

    By Senator Burt





    16-814-02

  1                      A bill to be entitled

  2         An act relating to offenses involving a hoax

  3         bomb; amending s. 790.165, F.S.; increasing the

  4         penalty imposed against a person who

  5         manufactures, possesses, sells, or delivers a

  6         hoax bomb or who mails or sends a hoax bomb to

  7         another person; amending s. 921.0022, F.S.,

  8         relating to the offense severity ranking chart

  9         of the Criminal Punishment Code; conforming

10         provisions to changes made by the act;

11         providing an effective date.

12

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

14

15         Section 1.  Subsection (2) of section 790.165, Florida

16  Statutes, is amended to read:

17         790.165  Planting of "hoax bomb" prohibited;

18  penalties.--

19         (2)  Any person who manufactures, possesses, sells, or

20  delivers a hoax bomb or mails or sends a hoax bomb to another

21  person commits a felony of the second third degree, punishable

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

23         Section 2.  Paragraphs (e) and (g) of subsection (3) of

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

25         921.0022  Criminal Punishment Code; offense severity

26  ranking chart.--

27         (3)  OFFENSE SEVERITY RANKING CHART

28

29  Florida           Felony

30  Statute           Degree             Description

31

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    Florida Senate - 2002                                  SB 1014
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  1

  2                              (e)  LEVEL 5

  3  316.027(1)(a)      3rd      Accidents involving personal

  4                              injuries, failure to stop;

  5                              leaving scene.

  6  316.1935(4)        2nd      Aggravated fleeing or eluding.

  7  322.34(6)          3rd      Careless operation of motor

  8                              vehicle with suspended license,

  9                              resulting in death or serious

10                              bodily injury.

11  327.30(5)          3rd      Vessel accidents involving

12                              personal injury; leaving scene.

13  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

14                              knowing HIV positive.

15  790.01(2)          3rd      Carrying a concealed firearm.

16  790.162            2nd      Threat to throw or discharge

17                              destructive device.

18  790.163            2nd      False report of deadly explosive.

19  790.165(2)         3rd      Manufacture, sell, possess, or

20                              deliver hoax bomb.

21  790.221(1)         2nd      Possession of short-barreled

22                              shotgun or machine gun.

23  790.23             2nd      Felons in possession of firearms

24                              or electronic weapons or devices.

25  800.04(6)(c)       3rd      Lewd or lascivious conduct;

26                              offender less than 18 years.

27  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

28                              offender 18 years or older.

29  806.111(1)         3rd      Possess, manufacture, or dispense

30                              fire bomb with intent to damage

31                              any structure or property.

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    Florida Senate - 2002                                  SB 1014
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  1  812.015(8)         3rd      Retail theft; property stolen is

  2                              valued at $300 or more and one or

  3                              more specified acts.

  4  812.019(1)         2nd      Stolen property; dealing in or

  5                              trafficking in.

  6  812.131(2)(b)      3rd      Robbery by sudden snatching.

  7  812.16(2)          3rd      Owning, operating, or conducting

  8                              a chop shop.

  9  817.034(4)(a)2.    2nd      Communications fraud, value

10                              $20,000 to $50,000.

11  817.234(11)(b)     2nd      Insurance fraud; property value

12                              $20,000 or more but less than

13                              $100,000.

14  817.568(2)(b)      2nd      Fraudulent use of personal

15                              identification information; value

16                              of benefit, services received,

17                              payment avoided, or amount of

18                              injury or fraud, $75,000 or more.

19  817.625(2)(b)      2nd      Second or subsequent fraudulent

20                              use of scanning device or

21                              reencoder.

22  825.1025(4)        3rd      Lewd or lascivious exhibition in

23                              the presence of an elderly person

24                              or disabled adult.

25  827.071(4)         2nd      Possess with intent to promote

26                              any photographic material, motion

27                              picture, etc., which includes

28                              sexual conduct by a child.

29  843.01             3rd      Resist officer with violence to

30                              person; resist arrest with

31                              violence.

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  1  874.05(2)          2nd      Encouraging or recruiting another

  2                              to join a criminal street gang;

  3                              second or subsequent offense.

  4  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

  5                              cocaine (or other s.

  6                              893.03(1)(a), (1)(b), (1)(d),

  7                              (2)(a), (2)(b), or (2)(c)4.

  8                              drugs).

  9  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

10                              cannabis (or other s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

12                              (2)(c)3., (2)(c)5., (2)(c)6.,

13                              (2)(c)7., (2)(c)8., (2)(c)9.,

14                              (3), or (4) drugs) within 1,000

15                              feet of a child care facility or

16                              school.

17  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

18                              cocaine (or other s.

19                              893.03(1)(a), (1)(b), (1)(d),

20                              (2)(a), (2)(b), or (2)(c)4.

21                              drugs) within 200 feet of

22                              university or public park.

23  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

24                              cannabis or other drug prohibited

25                              under s. 893.03(1)(c), (2)(c)1.,

26                              (2)(c)2., (2)(c)3., (2)(c)5.,

27                              (2)(c)6., (2)(c)7., (2)(c)8.,

28                              (2)(c)9., (3), or (4) within

29                              1,000 feet of property used for

30                              religious services or a specified

31                              business site.

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    Florida Senate - 2002                                  SB 1014
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  1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

  2                              cocaine (or other s.

  3                              893.03(1)(a), (1)(b), (1)(d), or

  4                              (2)(a), (2)(b), or (2)(c)4.

  5                              drugs) within 200 feet of public

  6                              housing facility.

  7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

  8                              other s. 893.03(1)(c), (2)(c)1.,

  9                              (2)(c)2., (2)(c)3., (2)(c)5.,

10                              (2)(c)6., (2)(c)7., (2)(c)8.,

11                              (2)(c)9., (3), or (4) drugs).

12                              (g)  LEVEL 7

13  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

14                              injury.

15  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

16                              bodily injury.

17  402.319(2)         2nd      Misrepresentation and negligence

18                              or intentional act resulting in

19                              great bodily harm, permanent

20                              disfiguration, permanent

21                              disability, or death.

22  409.920(2)         3rd      Medicaid provider fraud.

23  456.065(2)         3rd      Practicing a health care

24                              profession without a license.

25  456.065(2)         2nd      Practicing a health care

26                              profession without a license

27                              which results in serious bodily

28                              injury.

29  458.327(1)         3rd      Practicing medicine without a

30                              license.

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  1  459.013(1)         3rd      Practicing osteopathic medicine

  2                              without a license.

  3  460.411(1)         3rd      Practicing chiropractic medicine

  4                              without a license.

  5  461.012(1)         3rd      Practicing podiatric medicine

  6                              without a license.

  7  462.17             3rd      Practicing naturopathy without a

  8                              license.

  9  463.015(1)         3rd      Practicing optometry without a

10                              license.

11  464.016(1)         3rd      Practicing nursing without a

12                              license.

13  465.015(2)         3rd      Practicing pharmacy without a

14                              license.

15  466.026(1)         3rd      Practicing dentistry or dental

16                              hygiene without a license.

17  467.201            3rd      Practicing midwifery without a

18                              license.

19  468.366            3rd      Delivering respiratory care

20                              services without a license.

21  483.828(1)         3rd      Practicing as clinical laboratory

22                              personnel without a license.

23  483.901(9)         3rd      Practicing medical physics

24                              without a license.

25  484.013(1)(c)      3rd      Preparing or dispensing optical

26                              devices without a prescription.

27  484.053            3rd      Dispensing hearing aids without a

28                              license.

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    Florida Senate - 2002                                  SB 1014
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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  560.123(8)(b)1.    3rd      Failure to report currency or

  8                              payment instruments exceeding

  9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

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  1  782.072            2nd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.074(1)(a)      1st      Aggravated battery on sexually

17                              violent predators facility staff.

18  784.08(2)(a)       1st      Aggravated battery on a person 65

19                              years of age or older.

20  784.081(1)         1st      Aggravated battery on specified

21                              official or employee.

22  784.082(1)         1st      Aggravated battery by detained

23                              person on visitor or other

24                              detainee.

25  784.083(1)         1st      Aggravated battery on code

26                              inspector.

27  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

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

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

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  1  790.165(2)         2nd      Manufacture, sell, possess, or

  2                              deliver hoax bomb.

  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; cargo stolen

25                              valued at $50,000, or more;

26                              property stolen while causing

27                              other property damage; 1st degree

28                              grand theft.

29  812.014(2)(b)2.    2nd      Property stolen, emergency

30                              medical equipment; 2nd degree

31                              grand theft.

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  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  817.234(11)(c)     1st      Insurance fraud; property value

  9                              $100,000 or more.

10  825.102(3)(b)      2nd      Neglecting an elderly person or

11                              disabled adult causing great

12                              bodily harm, disability, or

13                              disfigurement.

14  825.1025(2)        2nd      Lewd or lascivious battery upon

15                              an elderly person or disabled

16                              adult.

17  825.103(2)(b)      2nd      Exploiting an elderly person or

18                              disabled adult and property is

19                              valued at $20,000 or more, but

20                              less than $100,000.

21  827.03(3)(b)       2nd      Neglect of a child causing great

22                              bodily harm, disability, or

23                              disfigurement.

24  827.04(3)          3rd      Impregnation of a child under 16

25                              years of age by person 21 years

26                              of age or older.

27  837.05(2)          3rd      Giving false information about

28                              alleged capital felony to a law

29                              enforcement officer.

30  872.06             2nd      Abuse of a dead human body.

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  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), (2)(b), or

  5                              (2)(c)4.) within 1,000 feet of a

  6                              child care facility or school.

  7  893.13(1)(e)1.     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), (2)(b), or

11                              (2)(c)4., within 1,000 feet of

12                              property used for religious

13                              services or a specified business

14                              site.

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

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

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

18                              (2)(c)4. drugs).

19  893.135(1)(a)1.    1st      Trafficking in cannabis, more

20                              than 25 lbs., less than 2,000

21                              lbs.

22  893.135

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

24                              28 grams, less than 200 grams.

25  893.135

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

27                              more than 4 grams, less than 14

28                              grams.

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  1  893.135

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

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

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

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

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  1  896.104(4)(a)1.    3rd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6         Section 3.  This act shall take effect July 1, 2002.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Provides that it is a second-degree felony rather than a
      third-degree felony for a person to manufacture, possess,
11    sell, or deliver a hoax bomb or to mail or send a hoax
      bomb to another person.
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