CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Gelber offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 790.163, Florida Statutes, is
18 amended to read:
19 790.163 False report about planting bomb, or
20 explosive, or weapon of mass destruction; penalty.--
21 (1) It is unlawful for any person to make a false
22 report, with intent to deceive, mislead, or otherwise
23 misinform any person, concerning the placing or planting of
24 any bomb, dynamite, or other deadly explosive, or weapon of
25 mass destruction as defined in s. 790.166; and any person
26 convicted thereof commits is guilty of a felony of the second
27 degree, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084.
29 (2) Notwithstanding any other law, adjudication of
30 guilt or imposition of sentence for a violation of this
31 section may not be suspended, deferred, or withheld. However,
1
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 the state attorney may move the sentencing court to reduce or
2 suspend the sentence of any person who is convicted of a
3 violation of this section and who provides substantial
4 assistance in the identification, arrest, or conviction of any
5 of his or her accomplices, accessories, coconspirators, or
6 principals.
7 (3) Proof that a person accused of violating this
8 section knowingly made a false report is prima facie evidence
9 of the accused person's intent to deceive, mislead, or
10 otherwise misinform any person.
11 (4) In addition to any other penalty provided by law
12 with respect to any person who is convicted of a violation of
13 this section that resulted in the mobilization or action of
14 any law enforcement officer or any state or local agency, a
15 person convicted of a violation of this section may be
16 required by the court to pay restitution for all of the costs
17 and damages arising from the criminal conduct.
18 Section 2. Section 790.164, Florida Statutes, is
19 amended to read:
20 790.164 False reports concerning planting a bomb,
21 explosive, or weapon of mass destruction in, of bombing or
22 committing arson against, state-owned property; penalty;
23 reward.--
24 (1) It is unlawful for any person to make a false
25 report, with intent to deceive, mislead, or otherwise
26 misinform any person, concerning the placing or planting of
27 any bomb, dynamite, or other deadly explosive, or weapon of
28 mass destruction as defined in s. 790.166, or concerning any
29 act of arson or other violence to property owned by the state
30 or any political subdivision. Any person violating the
31 provisions of this subsection commits is guilty of a felony of
2
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 the second degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (2) Notwithstanding any other law, adjudication of
4 guilt or imposition of sentence for a violation of this
5 section may not be suspended, deferred, or withheld. However,
6 the state attorney may move the sentencing court to reduce or
7 suspend the sentence of any person who is convicted of a
8 violation of this section and who provides substantial
9 assistance in the identification, arrest, or conviction of any
10 of his or her accomplices, accessories, coconspirators, or
11 principals.
12 (3) Proof that a person accused of violating this
13 section knowingly made a false report is prima facie evidence
14 of the accused person's intent to deceive, mislead, or
15 otherwise misinform any person.
16 (4)(2)(a) There shall be a $5,000 reward for the
17 giving of information to any law enforcement agency in the
18 state, which information leads to the arrest and conviction of
19 any person violating the provisions of this section. Any
20 person claiming such reward shall apply to the law enforcement
21 agency developing the case and be paid by the Department of
22 Law Enforcement from the deficiency fund.
23 (b) There shall be only one reward given for each
24 case, regardless of how many persons are arrested and
25 convicted in connection with the case and regardless of how
26 many persons submit claims for the reward.
27 (c) The Department of Law Enforcement shall establish
28 procedures to be used by all reward applicants, and the
29 circuit judge in whose jurisdiction the action occurs shall
30 review all such applications and make final determination as
31 to those applicants entitled to receive an award.
3
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 (d) In addition to any other penalty provided by law
2 with respect to any person who is convicted of a violation of
3 this section that resulted in the mobilization or action of
4 any law enforcement officer or any state or local agency, a
5 person convicted of a violation of this section may be
6 required by the court to pay restitution for all of the costs
7 and damages arising from the criminal conduct.
8 Section 3. Section 790.165, Florida Statutes, is
9 amended to read:
10 790.165 Planting of "hoax bomb" prohibited;
11 penalties.--
12 (1) For the purposes of this section, "hoax bomb"
13 means any device or object that by its design, construction,
14 content, or characteristics appears to be, or to contain, or
15 is represented to be or to contain, a destructive device or
16 explosive as defined in this chapter, but is, in fact, an
17 inoperative facsimile or imitation of such a destructive
18 device or explosive, or contains no destructive device or
19 explosive as was represented.
20 (2) Any person who, without lawful authority,
21 manufactures, possesses, sells, or delivers, sends, mails,
22 displays, uses, threatens to use, attempts to use, or
23 conspires to use, or who makes readily accessible to others, a
24 hoax bomb or mails or sends a hoax bomb to another person
25 commits a felony of the second third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (3) Any person who, while committing or attempting to
28 commit any felony, possesses, displays, or threatens to use
29 any hoax bomb commits a felony of the second degree,
30 punishable as provided in s. 775.082, s. 775.083, or s.
31 775.084. Notwithstanding any other law the provisions of s.
4
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 948.01, adjudication of guilt or imposition of sentence may
2 shall not be suspended, deferred, or withheld. However, the
3 state attorney or defense attorney may move the sentencing
4 court to reduce or suspend the sentence of any person who is
5 convicted of a violation of this section and who provides
6 substantial assistance in the identification, arrest, or
7 conviction of any of his or her accomplices, accessories,
8 coconspirators, or principals.
9 (4) The provisions of Subsection (2) does shall not
10 apply to any law enforcement officer, firefighter, person, or
11 corporation licensed pursuant to chapter 493, or member of the
12 armed forces of the United States while engaged in training or
13 other lawful activity within the scope of his or her
14 employment, or to any person properly authorized to test a
15 security system, or to any security personnel, while operating
16 within the scope of their employment, including, but not
17 limited to, security personnel in airports and other
18 controlled access areas, or to any member of a theatrical
19 company or production using utilizing a hoax bomb as property
20 during the course of a rehearsal or performance.
21 (5) In addition to any other penalty provided by law
22 with respect to any person who is convicted of a violation of
23 this section that resulted in the mobilization or action of
24 any law enforcement officer or any state or local agency, a
25 person convicted of a violation of this section may be
26 required by the court to pay restitution for all of the costs
27 and damages arising from the criminal conduct.
28 Section 4. Section 790.166, Florida Statutes, is
29 amended to read:
30 790.166 Manufacture, possession, sale, delivery,
31 display, use, or attempted or threatened use of a weapon of
5
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 mass destruction or hoax weapon of mass destruction
2 prohibited; definitions; penalties.--
3 (1) As used in this section, the term:
4 (a) "Weapon of mass destruction" means:
5 1. Any device or object that is designed or intended
6 to cause death or serious bodily injury to any human or
7 animal, or severe emotional or mental harm to any human,
8 through the release, dissemination, or impact of toxic or
9 poisonous chemicals, or their precursors;
10 2. Any device or object involving a biological agent
11 disease organism; or
12 3. Any device or object that is designed or intended
13 to release radiation or radioactivity at a level dangerous to
14 human or animal life; or.
15 4. Any biological agent, toxin, vector, or delivery
16 system.
17 (b) "Hoax weapon of mass destruction" means any device
18 or object that by its design, construction, content, or
19 characteristics appears to be or to contain, or is represented
20 to be, constitute, or contain, a weapon of mass destruction as
21 defined in this section, but which is, in fact, an inoperative
22 facsimile, imitation, counterfeit, or representation of a
23 weapon of mass destruction which does not meet the definition
24 of a weapon of mass destruction or which does not actually
25 contain or constitute a weapon, biological agent, toxin,
26 vector, or delivery system prohibited by this section.
27 (c) "Biological agent" means any microorganism, virus,
28 infectious substance, or biological product that may be
29 engineered through biotechnology, or any naturally occurring
30 or bioengineered component of any such microorganism, virus,
31 infectious substance, or biological product, capable of
6
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 causing:
2 1. Death, disease, or other biological malfunction in
3 a human, an animal, a plant, or other living organism;
4 2. Deterioration of food, water, equipment, supplies,
5 or material of any kind; or
6 3. Deleterious alteration of the environment.
7 (d) "Toxin" means the toxic material of plants,
8 animals, microorganisms, viruses, fungi, or infectious
9 substances, or a recombinant molecule, whatever its origin or
10 method of reproduction, including:
11 1. Any poisonous substance or biological product that
12 may be engineered through biotechnology produced by a living
13 organism; or
14 2. Any poisonous isomer or biological product,
15 homolog, or derivative of such substance.
16 (e) "Delivery system" means:
17 1. Any apparatus, equipment, device, or means of
18 delivery specifically designed to deliver or disseminate a
19 biological agent, toxin, or vector; or
20 2. Any vector.
21 (f) "Vector" means a living organism or molecule,
22 including a recombinant molecule or biological product that
23 may be engineered through biotechnology, capable of carrying a
24 biological agent or toxin to a host.
25 (2) A person who, without lawful authority,
26 manufactures, possesses, sells, delivers, sends, mails,
27 displays, uses, threatens to use, attempts to use, or
28 conspires to use, or who makes readily accessible to others a
29 weapon of mass destruction, including any biological agent,
30 toxin, vector, or delivery system as those terms are defined
31 in this section, commits a felony of the first degree,
7
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 punishable by imprisonment for a term of years not exceeding
2 life or as provided in s. 775.082, s. 775.083, or s. 775.084,
3 and if death results, commits a capital felony, punishable as
4 provided in s. 775.082.
5 (3) Any person who, without lawful authority,
6 manufactures, possesses, sells, delivers, mails, sends,
7 displays, uses, threatens to use, attempts to use, or
8 conspires to use, or who makes readily accessible to others, a
9 hoax weapon of mass destruction with the intent to deceive or
10 otherwise mislead another person into believing that the hoax
11 weapon of mass destruction will cause terror, bodily harm, or
12 property damage commits a felony of the second degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 (4) Any person who, while committing or attempting to
16 commit any felony, possesses, displays, or threatens to use
17 any hoax weapon of mass destruction commits a felony of the
18 second degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 (5) Notwithstanding any other law, adjudication of
21 guilt or imposition of sentence may not be suspended,
22 deferred, or withheld for a violation of this section.
23 However, the state attorney may move the sentencing court to
24 reduce or suspend the sentence of any person who is convicted
25 of a violation of this section and who provides substantial
26 assistance in the identification, arrest, or conviction of any
27 of his or her accomplices, accessories, coconspirators, or
28 principals.
29 (6) Proof that a device or object described in
30 subparagraph (1)(a)1. caused death or serious bodily injury to
31 a human or animal through the release, dissemination, or
8
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 impact of toxic or poisonous chemicals, or their precursors,
2 is prima facie evidence that the device or object was designed
3 or intended to cause such death or serious bodily injury.
4 Proof that a device or object described in subparagraph
5 (1)(a)3. released radiation or radioactivity at a level
6 dangerous to human or animal life is prima facie evidence that
7 the device or object was designed or intended for such
8 release.
9 (7)(4) This section does not apply to any member or
10 employee of the Armed Forces of the United States, a federal
11 or state governmental agency, or a private entity who is
12 otherwise engaged in lawful activity within the scope of his
13 or her employment, if such person is otherwise duly authorized
14 or licensed to manufacture, possess, sell, deliver, display,
15 or otherwise engage in activity relative to this section and
16 if such person is in compliance with applicable federal and
17 state law.
18 (8) For purpose of this section, the term "weapon of
19 mass destruction" does not include:
20 (a) A device or instrument that emits or discharges
21 smoke or an offensive, noxious, or irritant liquid, powder,
22 gas, or chemical for the purpose of immobilizing,
23 incapacitating, or thwarting an attack by a person or animal
24 and that is lawfully possessed or used by a person for the
25 purpose of self-protection or, as provided in subsection (7),
26 is lawfully possessed or used by any member or employee of the
27 Armed Forces of the United States, a federal or state
28 governmental agency, or a private entity. A member or employee
29 of a federal or state governmental agency includes, but is not
30 limited to, a law enforcement officer, as defined in s.
31 784.07; a federal law enforcement officer, as defined in s.
9
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 901.1505; and an emergency service employee, as defined in s.
2 496.404.
3 (b) The liquid, powder, gas, chemical, or smoke that
4 is emitted or discharged from a device or instrument as
5 specified in paragraph (a).
6 (9) In addition to any other penalty provided by law
7 with respect to any person who is convicted of a violation of
8 this section that resulted in the mobilization or action of
9 any law enforcement officer or any state or local agency, a
10 person convicted of a violation of this section may be
11 required by the court to pay restitution for all of the costs
12 and damages arising from the criminal conduct.
13 Section 5. Paragraphs (e), (f), and (g) of subsection
14 (3) of section 921.0022, Florida Statutes, as amended by
15 section 2 of chapter 2001-358, Laws of Florida, are amended to
16 read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (e) LEVEL 5
26 316.027(1)(a) 3rd Accidents involving personal
27 injuries, failure to stop;
28 leaving scene.
29 316.1935(4) 2nd Aggravated fleeing or eluding.
30 322.34(6) 3rd Careless operation of motor
31 vehicle with suspended license,
10
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 resulting in death or serious
2 bodily injury.
3 327.30(5) 3rd Vessel accidents involving
4 personal injury; leaving scene.
5 381.0041(11)(b) 3rd Donate blood, plasma, or organs
6 knowing HIV positive.
7 790.01(2) 3rd Carrying a concealed firearm.
8 790.162 2nd Threat to throw or discharge
9 destructive device.
10 790.163(1) 790.163 2nd False report of deadly explosive
11 or weapon of mass destruction.
12 790.165(2) 3rd Manufacture, sell, possess, or
13 deliver hoax bomb.
14 790.221(1) 2nd Possession of short-barreled
15 shotgun or machine gun.
16 790.23 2nd Felons in possession of firearms
17 or electronic weapons or devices.
18 800.04(6)(c) 3rd Lewd or lascivious conduct;
19 offender less than 18 years.
20 800.04(7)(c) 2nd Lewd or lascivious exhibition;
21 offender 18 years or older.
22 806.111(1) 3rd Possess, manufacture, or dispense
23 fire bomb with intent to damage
24 any structure or property.
25 812.015(8) 3rd Retail theft; property stolen is
26 valued at $300 or more and one or
27 more specified acts.
28 812.019(1) 2nd Stolen property; dealing in or
29 trafficking in.
30 812.131(2)(b) 3rd Robbery by sudden snatching.
31
11
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 812.16(2) 3rd Owning, operating, or conducting
2 a chop shop.
3 817.034(4)(a)2. 2nd Communications fraud, value
4 $20,000 to $50,000.
5 817.234(11)(b) 2nd Insurance fraud; property value
6 $20,000 or more but less than
7 $100,000.
8 817.568(2)(b) 2nd Fraudulent use of personal
9 identification information; value
10 of benefit, services received,
11 payment avoided, or amount of
12 injury or fraud, $75,000 or more.
13 817.625(2)(b) 2nd Second or subsequent fraudulent
14 use of scanning device or
15 reencoder.
16 825.1025(4) 3rd Lewd or lascivious exhibition in
17 the presence of an elderly person
18 or disabled adult.
19 827.071(4) 2nd Possess with intent to promote
20 any photographic material, motion
21 picture, etc., which includes
22 sexual conduct by a child.
23 843.01 3rd Resist officer with violence to
24 person; resist arrest with
25 violence.
26 874.05(2) 2nd Encouraging or recruiting another
27 to join a criminal street gang;
28 second or subsequent offense.
29 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
30 cocaine (or other s.
31 893.03(1)(a), (1)(b), (1)(d),
12
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 (2)(a), (2)(b), or (2)(c)4.
2 drugs).
3 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
4 cannabis (or other s.
5 893.03(1)(c), (2)(c)1., (2)(c)2.,
6 (2)(c)3., (2)(c)5., (2)(c)6.,
7 (2)(c)7., (2)(c)8., (2)(c)9.,
8 (3), or (4) drugs) within 1,000
9 feet of a child care facility or
10 school.
11 893.13(1)(d)1. 1st Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), (2)(b), or (2)(c)4.
15 drugs) within 200 feet of
16 university or public park.
17 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
18 cannabis or other drug prohibited
19 under s. 893.03(1)(c), (2)(c)1.,
20 (2)(c)2., (2)(c)3., (2)(c)5.,
21 (2)(c)6., (2)(c)7., (2)(c)8.,
22 (2)(c)9., (3), or (4) within
23 1,000 feet of property used for
24 religious services or a specified
25 business site.
26 893.13(1)(f)1. 1st Sell, manufacture, or deliver
27 cocaine (or other s.
28 893.03(1)(a), (1)(b), (1)(d), or
29 (2)(a), (2)(b), or (2)(c)4.
30 drugs) within 200 feet of public
31 housing facility.
13
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c)1.,
3 (2)(c)2., (2)(c)3., (2)(c)5.,
4 (2)(c)6., (2)(c)7., (2)(c)8.,
5 (2)(c)9., (3), or (4) drugs).
6 (f) LEVEL 6
7 316.027(1)(b) 2nd Accident involving death, failure
8 to stop; leaving scene.
9 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
10 conviction.
11 775.0875(1) 3rd Taking firearm from law
12 enforcement officer.
13 775.21(10) 3rd Sexual predators; failure to
14 register; failure to renew
15 driver's license or
16 identification card.
17 784.021(1)(a) 3rd Aggravated assault; deadly weapon
18 without intent to kill.
19 784.021(1)(b) 3rd Aggravated assault; intent to
20 commit felony.
21 784.041 3rd Felony battery.
22 784.048(3) 3rd Aggravated stalking; credible
23 threat.
24 784.048(5) 3rd Aggravated stalking of person
25 under 16.
26 784.07(2)(c) 2nd Aggravated assault on law
27 enforcement officer.
28 784.074(1)(b) 2nd Aggravated assault on sexually
29 violent predators facility staff.
30 784.08(2)(b) 2nd Aggravated assault on a person 65
31 years of age or older.
14
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 784.081(2) 2nd Aggravated assault on specified
2 official or employee.
3 784.082(2) 2nd Aggravated assault by detained
4 person on visitor or other
5 detainee.
6 784.083(2) 2nd Aggravated assault on code
7 inspector.
8 787.02(2) 3rd False imprisonment; restraining
9 with purpose other than those in
10 s. 787.01.
11 790.115(2)(d) 2nd Discharging firearm or weapon on
12 school property.
13 790.161(2) 2nd Make, possess, or throw
14 destructive device with intent to
15 do bodily harm or damage
16 property.
17 790.164(1) 2nd False report of deadly explosive,
18 weapon of mass destruction, or
19 act of arson or violence to state
20 property.
21 790.19 2nd Shooting or throwing deadly
22 missiles into dwellings, vessels,
23 or vehicles.
24 794.011(8)(a) 3rd Solicitation of minor to
25 participate in sexual activity by
26 custodial adult.
27 794.05(1) 2nd Unlawful sexual activity with
28 specified minor.
29 800.04(5)(d) 3rd Lewd or lascivious molestation;
30 victim 12 years of age or older
31 but less than 16 years; offender
15
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 less than 18 years.
2 800.04(6)(b) 2nd Lewd or lascivious conduct;
3 offender 18 years of age or
4 older.
5 806.031(2) 2nd Arson resulting in great bodily
6 harm to firefighter or any other
7 person.
8 810.02(3)(c) 2nd Burglary of occupied structure;
9 unarmed; no assault or battery.
10 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
11 but less than $100,000, grand
12 theft in 2nd degree.
13 812.014(2)(b)2. 2nd Property stolen cargo valued at
14 less than $50,000, grand theft in
15 2nd degree.
16 812.015(9) 2nd Retail theft; property stolen
17 $300 or more; second or
18 subsequent conviction.
19 812.13(2)(c) 2nd Robbery, no firearm or other
20 weapon (strong-arm robbery).
21 817.034(4)(a)1. 1st Communications fraud, value
22 greater than $50,000.
23 817.4821(5) 2nd Possess cloning paraphernalia
24 with intent to create cloned
25 cellular telephones.
26 825.102(1) 3rd Abuse of an elderly person or
27 disabled adult.
28 825.102(3)(c) 3rd Neglect of an elderly person or
29 disabled adult.
30 825.1025(3) 3rd Lewd or lascivious molestation of
31 an elderly person or disabled
16
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 adult.
2 825.103(2)(c) 3rd Exploiting an elderly person or
3 disabled adult and property is
4 valued at less than $20,000.
5 827.03(1) 3rd Abuse of a child.
6 827.03(3)(c) 3rd Neglect of a child.
7 827.071(2)&(3) 2nd Use or induce a child in a sexual
8 performance, or promote or direct
9 such performance.
10 836.05 2nd Threats; extortion.
11 836.10 2nd Written threats to kill or do
12 bodily injury.
13 843.12 3rd Aids or assists person to escape.
14 847.0135(3) 3rd Solicitation of a child, via a
15 computer service, to commit an
16 unlawful sex act.
17 914.23 2nd Retaliation against a witness,
18 victim, or informant, with bodily
19 injury.
20 943.0435(9) 3rd Sex offenders; failure to comply
21 with reporting requirements.
22 944.35(3)(a)2. 3rd Committing malicious battery upon
23 or inflicting cruel or inhuman
24 treatment on an inmate or
25 offender on community
26 supervision, resulting in great
27 bodily harm.
28 944.40 2nd Escapes.
29 944.46 3rd Harboring, concealing, aiding
30 escaped prisoners.
31
17
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 (g) LEVEL 7
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
11 bodily injury.
12 402.319(2) 2nd Misrepresentation and negligence
13 or intentional act resulting in
14 great bodily harm, permanent
15 disfiguration, permanent
16 disability, or death.
17 409.920(2) 3rd Medicaid provider fraud.
18 456.065(2) 3rd Practicing a health care
19 profession without a license.
20 456.065(2) 2nd Practicing a health care
21 profession without a license
22 which results in serious bodily
23 injury.
24 458.327(1) 3rd Practicing medicine without a
25 license.
26 459.013(1) 3rd Practicing osteopathic medicine
27 without a license.
28 460.411(1) 3rd Practicing chiropractic medicine
29 without a license.
30 461.012(1) 3rd Practicing podiatric medicine
31 without a license.
18
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29 560.123(8)(b)1. 3rd Failure to report currency or
30 payment instruments exceeding
31 $300 but less than $20,000 by
19
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 money transmitter.
2 560.125(5)(a) 3rd Money transmitter business by
3 unauthorized person, currency or
4 payment instruments exceeding
5 $300 but less than $20,000.
6 655.50(10)(b)1. 3rd Failure to report financial
7 transactions exceeding $300 but
8 less than $20,000 by financial
9 institution.
10 782.051(3) 2nd Attempted felony murder of a
11 person by a person other than the
12 perpetrator or the perpetrator of
13 an attempted felony.
14 782.07(1) 2nd Killing of a human being by the
15 act, procurement, or culpable
16 negligence of another
17 (manslaughter).
18 782.071 2nd Killing of human being or viable
19 fetus by the operation of a motor
20 vehicle in a reckless manner
21 (vehicular homicide).
22 782.072 2nd Killing of a human being by the
23 operation of a vessel in a
24 reckless manner (vessel
25 homicide).
26 784.045(1)(a)1. 2nd Aggravated battery; intentionally
27 causing great bodily harm or
28 disfigurement.
29 784.045(1)(a)2. 2nd Aggravated battery; using deadly
30 weapon.
31
20
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 784.045(1)(b) 2nd Aggravated battery; perpetrator
2 aware victim pregnant.
3 784.048(4) 3rd Aggravated stalking; violation of
4 injunction or court order.
5 784.07(2)(d) 1st Aggravated battery on law
6 enforcement officer.
7 784.074(1)(a) 1st Aggravated battery on sexually
8 violent predators facility staff.
9 784.08(2)(a) 1st Aggravated battery on a person 65
10 years of age or older.
11 784.081(1) 1st Aggravated battery on specified
12 official or employee.
13 784.082(1) 1st Aggravated battery by detained
14 person on visitor or other
15 detainee.
16 784.083(1) 1st Aggravated battery on code
17 inspector.
18 790.07(4) 1st Specified weapons violation
19 subsequent to previous conviction
20 of s. 790.07(1) or (2).
21 790.16(1) 1st Discharge of a machine gun under
22 specified circumstances.
23 790.165(2) 2nd Manufacture, sell, possess, or
24 deliver hoax bomb.
25 790.165(3) 2nd Possessing, displaying, or
26 threatening to use any hoax bomb
27 while committing or attempting to
28 commit a felony.
29 790.166(3) 2nd Possessing, selling, using, or
30 attempting to use a hoax weapon
31 of mass destruction.
21
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HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
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.
22
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
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.
31
23
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
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
20 893.135(1)(a)1. 1st Trafficking in cannabis, more
21 than 25 lbs., less than 2,000
22 lbs.
23
24 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than
25 28 grams, less than 200 grams.
26 893.135
27 (1)(c)1.a. 1st Trafficking in illegal drugs,
28 more than 4 grams, less than 14
29 grams.
30 893.135
31 (1)(d)1. 1st Trafficking in phencyclidine,
24
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hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 more than 28 grams, less than 200
2 grams.
3 893.135(1)(e)1. 1st Trafficking in methaqualone, more
4 than 200 grams, less than 5
5 kilograms.
6 893.135(1)(f)1. 1st Trafficking in amphetamine, more
7 than 14 grams, less than 28
8 grams.
9 893.135
10 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
11 grams or more, less than 14
12 grams.
13 893.135
14 (1)(h)1.a. 1st Trafficking in
15 gamma-hydroxybutyric acid (GHB),
16 1 kilogram or more, less than 5
17 kilograms.
18
19 893.135(1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
20 kilogram or more, less than 5
21 kilograms.
22
23 893.135(1)(j)2.a. 1st Trafficking in Phenethylamines,
24 10 grams or more, less than 200
25 grams.
26 896.101(5)(a) 3rd Money laundering, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 896.104(4)(a)1. 3rd Structuring transactions to evade
30 reporting or registration
31 requirements, financial
25
File original & 9 copies 03/12/02
hgr0003 08:34 am 00998-0006-542981
HOUSE AMENDMENT
Bill No. CS for SB 998, 1st Eng.
Amendment No. 01 (for drafter's use only)
1 transactions exceeding $300 but
2 less than $20,000.
3 Section 6. This act shall take effect July 1, 2002.
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 1, line 11,
9 On page 1, line 17,
10 On page 2, line 6,
11
12
13 after the semicolon, insert:
14 authorizing court to order restitution;
15
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hgr0003 08:34 am 00998-0006-542981