Senate Bill sb0438c1
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Florida Senate - 2002 CS for SB 438
By the Committee on Criminal Justice; and Senators Brown-Waite
and Smith
307-1789-02
1 A bill to be entitled
2 An act relating to piracy of transportation;
3 amending s. 860.16, F.S.; specifying the
4 elements constituting the offenses of
5 aggravated aircraft piracy; providing
6 penalties; creating s. 860.161, F.S.; providing
7 definitions; specifying the elements
8 constituting the offense of vessel piracy;
9 providing a penalty; specifying the offenses
10 constituting the offenses of aggravated vessel
11 piracy; providing penalties; creating s.
12 860.162, F.S.; providing definitions;
13 specifying the elements constituting the
14 offense of ground transport piracy; providing a
15 penalty; specifying the elements constituting
16 the offenses of aggravated ground transport
17 piracy; providing penalties; amending s.
18 921.0022, F.S., relating to the offense
19 severity ranking chart of the Criminal
20 Punishment Code; conforming provisions to
21 changes made by the act; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 860.16, Florida Statutes, is
27 amended to read:
28 860.16 Aircraft piracy; aggravated aircraft piracy;
29 penalties penalty.--
30 (1) Whoever without lawful authority seizes or
31 exercises control, by use or threat of force or violence and
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Florida Senate - 2002 CS for SB 438
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1 with wrongful intent, of any aircraft containing a
2 nonconsenting person or persons within this state commits is
3 guilty of the offense crime of aircraft piracy, a felony of
4 the first degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 (2) Except as provided in subsection (3) or subsection
7 (4), any person who without lawful authority seizes or
8 exercises control, by use or threat of force or violence and
9 with wrongful intent, of any aircraft containing a
10 nonconsenting person within this state and who intentionally
11 crashes that aircraft commits the offense of aggravated
12 aircraft piracy, a felony of the first degree, punishable by
13 imprisonment for a term of years not exceeding life
14 imprisonment or as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (3) A person who violates subsection (2) and, in the
17 course of such violation, causes the permanent physical
18 injury, impairment, or disability of another person commits
19 the offense of aggravated aircraft piracy, a life felony,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 (4) A person who violates subsection (2) and, in the
23 course of such violation, causes the death of another person
24 commits the offense of aggravated aircraft piracy, a capital
25 felony, punishable as provided in s. 775.082.
26 Section 2. Section 860.161, Florida Statutes, is
27 created to read:
28 860.161 Vessel piracy; aggravated vessel piracy;
29 definitions; penalties.--
30 (1) As used in this section, the term:
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1 (a) "Vessel" means a watercraft that is propelled by
2 power other than wind or muscular power and that is used to
3 transport persons or property. The term does not include a
4 seaplane, personal watercraft, specialty prop-craft, or
5 inflatable watercraft.
6 (b) "Personal watercraft" means a watercraft that uses
7 an inboard motor powering a water jet pump as its primary
8 source of motive power and that is designed to be operated by
9 a person sitting, standing, or kneeling on the watercraft,
10 rather than in the conventional manner of sitting or standing
11 inside the watercraft.
12 (c) "Specialty prop-craft" means a watercraft that is
13 similar in appearance and operation to a personal watercraft
14 but that is powered by an outboard or propeller-driven motor.
15 (2) Any person who without lawful authority seizes or
16 exercises control, by use or threat of force or violence and
17 with wrongful intent, of any vessel containing a nonconsenting
18 person within this state commits the offense of vessel piracy,
19 a felony of the first degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 (3) Except as provided in subsection (4) or subsection
22 (5), any person who without lawful authority seizes or
23 exercises control, by use or threat of force or violence and
24 with wrongful intent, of any vessel containing a nonconsenting
25 person within this state and who intentionally crashes or
26 sinks that vessel commits the offense of aggravated vessel
27 piracy, a felony of the first degree, punishable by
28 imprisonment for a term of years not exceeding life
29 imprisonment or as provided in s. 775.082, s. 775.083, or s.
30 775.084.
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1 (4) Any person who violates subsection (3) and, in the
2 course of such violation, causes the permanent physical
3 injury, impairment, or disability of another person commits
4 the offense of aggravated vessel piracy, a life felony,
5 punishable as provided in s. 775.082, s. 775.083, or s.
6 775.084.
7 (5) Any person who violates subsection (3) and, in the
8 course of such violation, causes the death of another person
9 commits the offense of aggravated vessel piracy, a capital
10 felony, punishable as provided in s. 775.082.
11 Section 3. Section 860.162, Florida Statutes, is
12 created to read:
13 860.162 Ground transport piracy; aggravated ground
14 transport piracy; definitions; penalties.--
15 (1) As used in this section, the term:
16 (a) "Ground transport" means a motor vehicle, railroad
17 train, or other vehicle that is propelled by power other than
18 muscular power, that runs upon a single rail or upon a track
19 or guideway, and that is used to transport persons or
20 property.
21 (b) "Motor vehicle" means a vehicle that is propelled
22 by power other than muscular power, that is operated on the
23 roads of this state, and that is used to transport persons or
24 property. The term does not include a traction engine, road
25 roller, motorcycle, moped, scooter, or bicycle.
26 (c) "Railroad train" means a steam engine,
27 electric-powered engine, or other motor engine that is
28 operated upon rails, with or without a car coupled to the
29 engine, or a car that is or can be coupled to such an engine
30 and that is operated upon rails.
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1 (2) Any person who without lawful authority seizes or
2 exercises control, by use or threat of force or violence and
3 with wrongful intent, of any ground transport containing a
4 nonconsenting person within this state commits the offense of
5 ground transport piracy, a felony of the first degree,
6 punishable as provided in s. 775.082, s. 775.083, or s.
7 775.084.
8 (3) Except as provided in subsection (4) or subsection
9 (5), any person who without lawful authority seizes or
10 exercises control, by use or threat of force or violence and
11 with wrongful intent, of any ground transport containing a
12 nonconsenting person within this state and who intentionally
13 crashes that ground transport or intentionally detaches that
14 ground transport from a rail or rails, a track, or a guideway
15 commits the offense of aggravated ground transport piracy, a
16 felony of the first degree, punishable by imprisonment for a
17 term of years not exceeding life imprisonment or as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 (4) Any person who violates subsection (3) and, in the
20 course of such violation, causes the permanent physical
21 injury, impairment, or disability of another person commits
22 the offense of aggravated ground transport piracy, a life
23 felony, punishable as provided in s. 775.082, s. 775.083, or
24 s. 775.084.
25 (5) Any person who violates subsection (3) and, in the
26 course of such violation, causes the death of another person
27 commits the offense of aggravated ground transport piracy, a
28 capital felony, punishable as provided in s. 775.082.
29 Section 4. Paragraphs (h), (i), and (j) of subsection
30 (3) of section 921.0022, Florida Statutes, as amended by
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1 section 2 of chapter 2001-358, Laws of Florida, are amended to
2 read:
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
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11 (h) LEVEL 8
12 316.193
13 (3)(c)3.a. 2nd DUI manslaughter.
14 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
15 560.123(8)(b)2. 2nd Failure to report currency or
16 payment instruments totaling or
17 exceeding $20,000, but less than
18 $100,000 by money transmitter.
19 560.125(5)(b) 2nd Money transmitter business by
20 unauthorized person, currency or
21 payment instruments totaling or
22 exceeding $20,000, but less than
23 $100,000.
24 655.50(10)(b)2. 2nd Failure to report financial
25 transactions totaling or
26 exceeding $20,000, but less than
27 $100,000 by financial
28 institutions.
29 777.03(2)(a) 1st Accessory after the fact, capital
30 felony.
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(1)(b) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 825.102(2) 2nd Aggravated abuse of an elderly
8 person or disabled adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16(1) 860.16 1st Aircraft piracy.
24 860.161(2) 1st Vessel piracy.
25 860.162(2) 1st Ground transport piracy.
26 893.13(1)(b) 1st Sell or deliver in excess of 10
27 grams of any substance specified
28 in s. 893.03(1)(a) or (b).
29 893.13(2)(b) 1st Purchase in excess of 10 grams of
30 any substance specified in s.
31 893.03(1)(a) or (b).
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1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
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1 893.135
2 (1)(h)1.b. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 5 kilograms or more, less than 10
5 kilograms.
6 893.135
7 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
8 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(j)2.b. 1st Trafficking in Phenethylamines,
12 200 grams or more, less than 400
13 grams.
14 895.03(1) 1st Use or invest proceeds derived
15 from pattern of racketeering
16 activity.
17 895.03(2) 1st Acquire or maintain through
18 racketeering activity any
19 interest in or control of any
20 enterprise or real property.
21 895.03(3) 1st Conduct or participate in any
22 enterprise through pattern of
23 racketeering activity.
24 896.101(5)(b) 2nd Money laundering, financial
25 transactions totaling or
26 exceeding $20,000, but less than
27 $100,000.
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1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 (i) LEVEL 9
8 316.193
9 (3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 560.123(8)(b)3. 1st Failure to report currency or
12 payment instruments totaling or
13 exceeding $100,000 by money
14 transmitter.
15 560.125(5)(c) 1st Money transmitter business by
16 unauthorized person, currency, or
17 payment instruments totaling or
18 exceeding $100,000.
19 655.50(10)(b)3. 1st Failure to report financial
20 transactions totaling or
21 exceeding $100,000 by financial
22 institution.
23 755.0844 1st Aggravated white collar crime.
24 782.04(1) 1st Attempt, conspire, or solicit to
25 commit premeditated murder.
26 782.04(3) 1st,PBL Accomplice to murder in
27 connection with arson, sexual
28 battery, robbery, burglary, and
29 other specified felonies.
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1 782.051(1) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony enumerated in
4 s. 782.04(3).
5 782.07(2) 1st Aggravated manslaughter of an
6 elderly person or disabled adult.
7 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
8 reward or as a shield or hostage.
9 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
10 or facilitate commission of any
11 felony.
12 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
13 interfere with performance of any
14 governmental or political
15 function.
16 787.02(3)(a) 1st False imprisonment; child under
17 age 13; perpetrator also commits
18 aggravated child abuse, sexual
19 battery, or lewd or lascivious
20 battery, molestation, conduct, or
21 exhibition.
22 790.161 1st Attempted capital destructive
23 device offense.
24 790.166(2) 1st,PBL Possessing, selling, using, or
25 attempting to use a weapon of
26 mass destruction.
27 794.011(2) 1st Attempted sexual battery; victim
28 less than 12 years of age.
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1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 827.03(2) 1st Aggravated child abuse.
19 847.0145(1) 1st Selling, or otherwise
20 transferring custody or control,
21 of a minor.
22 847.0145(2) 1st Purchasing, or otherwise
23 obtaining custody or control, of
24 a minor.
25 859.01 1st Poisoning or introducing
26 bacteria, radioactive materials,
27 viruses, or chemical compounds
28 into food, drink, medicine, or
29 water with intent to kill or
30 injure another person.
31 860.160(2) 1st,PBL Aggravated aircraft piracy.
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1 860.161(3) 1st,PBL Aggravated vessel piracy.
2 860.162(3) 1st,PBL Aggravated ground transport
3 piracy.
4 893.135 1st Attempted capital trafficking
5 offense.
6 893.135(1)(a)3. 1st Trafficking in cannabis, more
7 than 10,000 lbs.
8 893.135
9 (1)(b)1.c. 1st Trafficking in cocaine, more than
10 400 grams, less than 150
11 kilograms.
12 893.135
13 (1)(c)1.c. 1st Trafficking in illegal drugs,
14 more than 28 grams, less than 30
15 kilograms.
16 893.135
17 (1)(d)1.c. 1st Trafficking in phencyclidine,
18 more than 400 grams.
19 893.135
20 (1)(e)1.c. 1st Trafficking in methaqualone, more
21 than 25 kilograms.
22 893.135
23 (1)(f)1.c. 1st Trafficking in amphetamine, more
24 than 200 grams.
25 893.135
26 (1)(h)1.c. 1st Trafficking in
27 gamma-hydroxybutyric acid (GHB),
28 10 kilograms or more.
29 893.135
30 (1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
31 kilograms or more.
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1 893.135
2 (1)(j)2.c. 1st Trafficking in Phenethylamines,
3 400 grams or more.
4 896.101(5)(c) 1st Money laundering, financial
5 instruments totaling or exceeding
6 $100,000.
7 896.104(4)(a)3. 1st Structuring transactions to evade
8 reporting or registration
9 requirements, financial
10 transactions totaling or
11 exceeding $100,000.
12 (j) LEVEL 10
13 782.04(2) 1st,PBL Unlawful killing of human; act is
14 homicide, unpremeditated.
15 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
16 upon or terrorize victim.
17 787.01(3)(a) Life Kidnapping; child under age 13,
18 perpetrator also commits
19 aggravated child abuse, sexual
20 battery, or lewd or lascivious
21 battery, molestation, conduct, or
22 exhibition.
23 782.07(3) 1st Aggravated manslaughter of a
24 child.
25 794.011(3) Life Sexual battery; victim 12 years
26 or older, offender uses or
27 threatens to use deadly weapon or
28 physical force to cause serious
29 injury.
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1 860.160(3) Life Aggravated aircraft piracy
2 causing permanent physical
3 injury, impairment, or
4 disability.
5 860.161(4) Life Aggravated vessel piracy causing
6 permanent physical injury,
7 impairment, or disability.
8 860.162(4) Life Aggravated ground transport
9 piracy causing permanent physical
10 injury, impairment, or
11 disability.
12 876.32 1st Treason against the state.
13 Section 5. This act shall take effect July 1, 2002.
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15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 Senate Bill 438
17
18 - Creates counterparts to aircraft piracy for the
hijacking of certain "vessels" and "ground transport,"
19 terms that are specifically defined.
20 - Creates aggravated piracy offenses to address the use of
aircraft and certain vessels and ground transport as a
21 weapon (the felony degree of these aggravated crimes
ranges from a first-degree felony punishable by life to
22 a capital felony, depending upon whether there was
injury or death).
23
- Ranks the new offenses for purposes of sentencing under
24 the Criminal Punishment Code.
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