Senate Bill sb0998c1
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Florida Senate - 2002 CS for SB 998
By the Committee on Criminal Justice; and Senator Smith
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1 A bill to be entitled
2 An act relating to criminal justice; amending
3 ss. 790.163, 790.164, F.S.; prohibiting making
4 a false report concerning the placing or
5 planting of a weapon of mass destruction;
6 providing a penalty; prohibiting the court from
7 suspending or withholding adjudication of guilt
8 or imposition of sentence for such offense;
9 providing that proof of a person knowingly
10 making a false report is prima facie evidence
11 of intent to deceive or provide misinformation;
12 amending s. 790.165, F.S.; revising the
13 elements of the offense of planting a hoax bomb
14 to prohibit sending, mailing, or using a hoax
15 bomb or threatening, attempting, or conspiring
16 to use a hoax bomb; enhancing the penalty
17 imposed for committing such offense; amending
18 s. 790.166, F.S.; redefining the term "weapon
19 of mass destruction" to include a device or
20 object that is intended to kill or injure an
21 animal, that involves a biological agent, or
22 that is designed to release radiation or any
23 biological agent, toxin, vector, or delivery
24 system; prohibiting the court from suspending
25 or withholding adjudication of guilt or
26 imposition of sentence for specified offenses
27 involving a hoax weapon of mass destruction;
28 providing that proof a device caused injury or
29 death or released radiation is prima facie
30 evidence that the device was designed or
31 intended to cause such death, injury, or
1
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1 release; providing that it is a felony of the
2 second degree to possess, display, or threaten
3 to use a hoax weapon of mass destruction while
4 committing or attempting to commit a felony;
5 providing that certain devices or instruments
6 are not weapons of mass destruction; amending
7 s. 921.0022, F.S., relating to the offense
8 severity ranking chart of the Criminal
9 Punishment Code; conforming cross-references
10 and 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. Section 790.163, Florida Statutes, is
16 amended to read:
17 790.163 False report about planting bomb, or
18 explosive, or weapon of mass destruction; penalty.--
19 (1) It is unlawful for any person to make a false
20 report, with intent to deceive, mislead, or otherwise
21 misinform any person, concerning the placing or planting of
22 any bomb, dynamite, or other deadly explosive, or weapon of
23 mass destruction as defined in s. 790.166; and any person
24 convicted thereof commits is guilty of a felony of the second
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 (2) Notwithstanding any other law, adjudication of
28 guilt or imposition of sentence for a violation of this
29 section may not be suspended, deferred, or withheld. However,
30 the state attorney may move the sentencing court to reduce or
31 suspend the sentence of any person who is convicted of a
2
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1 violation of this section and who provides substantial
2 assistance in the identification, arrest, or conviction of any
3 of his or her accomplices, accessories, coconspirators, or
4 principals.
5 (3) Proof that a person accused of violating this
6 section knowingly made a false report is prima facie evidence
7 of the accused person's intent to deceive, mislead, or
8 otherwise misinform any person.
9 Section 2. Section 790.164, Florida Statutes, is
10 amended to read:
11 790.164 False reports concerning planting a bomb,
12 explosive, or weapon of mass destruction in, of bombing or
13 committing arson against, state-owned property; penalty;
14 reward.--
15 (1) It is unlawful for any person to make a false
16 report, with intent to deceive, mislead, or otherwise
17 misinform any person, concerning the placing or planting of
18 any bomb, dynamite, or other deadly explosive, or weapon of
19 mass destruction as defined in s. 790.166, or concerning any
20 act of arson or other violence to property owned by the state
21 or any political subdivision. Any person violating the
22 provisions of this subsection commits is guilty of a felony of
23 the second degree, punishable as provided in s. 775.082, s.
24 775.083, or s. 775.084.
25 (2) Notwithstanding any other law, adjudication of
26 guilt or imposition of sentence for a violation of this
27 section may not be suspended, deferred, or withheld. However,
28 the state attorney may move the sentencing court to reduce or
29 suspend the sentence of any person who is convicted of a
30 violation of this section and who provides substantial
31 assistance in the identification, arrest, or conviction of any
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1 of his or her accomplices, accessories, coconspirators, or
2 principals.
3 (3) Proof that a person accused of violating this
4 section knowingly made a false report is prima facie evidence
5 of the accused person's intent to deceive, mislead, or
6 otherwise misinform any person.
7 (4)(2)(a) There shall be a $5,000 reward for the
8 giving of information to any law enforcement agency in the
9 state, which information leads to the arrest and conviction of
10 any person violating the provisions of this section. Any
11 person claiming such reward shall apply to the law enforcement
12 agency developing the case and be paid by the Department of
13 Law Enforcement from the deficiency fund.
14 (b) There shall be only one reward given for each
15 case, regardless of how many persons are arrested and
16 convicted in connection with the case and regardless of how
17 many persons submit claims for the reward.
18 (c) The Department of Law Enforcement shall establish
19 procedures to be used by all reward applicants, and the
20 circuit judge in whose jurisdiction the action occurs shall
21 review all such applications and make final determination as
22 to those applicants entitled to receive an award.
23 Section 3. Section 790.165, Florida Statutes, is
24 amended to read:
25 790.165 Planting of "hoax bomb" prohibited;
26 penalties.--
27 (1) For the purposes of this section, "hoax bomb"
28 means any device or object that by its design, construction,
29 content, or characteristics appears to be, or to contain, or
30 is represented to be or to contain, a destructive device or
31 explosive as defined in this chapter, but is, in fact, an
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1 inoperative facsimile or imitation of such a destructive
2 device or explosive, or contains no destructive device or
3 explosive as was represented.
4 (2) Any person who, without lawful authority,
5 manufactures, possesses, sells, or delivers, sends, mails,
6 displays, uses, threatens to use, attempts to use, or
7 conspires to use, or who makes readily accessible to others, a
8 hoax bomb or mails or sends a hoax bomb to another person
9 commits a felony of the second third degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084.
11 (3) Any person who, while committing or attempting to
12 commit any felony, possesses, displays, or threatens to use
13 any hoax bomb commits a felony of the second degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084.
16 (4) Notwithstanding any other law the provisions of s.
17 948.01, adjudication of guilt or imposition of sentence may
18 shall not be suspended, deferred, or withheld. However, the
19 state attorney or defense attorney may move the sentencing
20 court to reduce or suspend the sentence of any person who is
21 convicted of a violation of this section and who provides
22 substantial assistance in the identification, arrest, or
23 conviction of any of his or her accomplices, accessories,
24 coconspirators, or principals.
25 (5)(4) The provisions of Subsection (2) does shall not
26 apply to any law enforcement officer, firefighter, person, or
27 corporation licensed pursuant to chapter 493, or member of the
28 armed forces of the United States while engaged in training or
29 other lawful activity within the scope of his or her
30 employment, or to any person properly authorized to test a
31 security system, or to any security personnel, while operating
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1 within the scope of their employment, including, but not
2 limited to, security personnel in airports and other
3 controlled access areas, or to any member of a theatrical
4 company or production using utilizing a hoax bomb as property
5 during the course of a rehearsal or performance.
6 Section 4. Section 790.166, Florida Statutes, is
7 amended to read:
8 790.166 Manufacture, possession, sale, delivery,
9 display, use, or attempted or threatened use of a weapon of
10 mass destruction or hoax weapon of mass destruction
11 prohibited; definitions; penalties.--
12 (1) As used in this section, the term:
13 (a) "Weapon of mass destruction" means:
14 1. Any device or object that is designed or intended
15 to cause death or serious bodily injury to any human or animal
16 through the release, dissemination, or impact of toxic or
17 poisonous chemicals, or their precursors;
18 2. Any device or object involving a biological agent
19 disease organism; or
20 3. Any device or object that is designed to release
21 radiation or radioactivity at a level dangerous to human or
22 animal life; or.
23 4. Any biological agent, toxin, vector, or delivery
24 system.
25 (b) "Hoax weapon of mass destruction" means any device
26 or object that by its design, construction, content, or
27 characteristics appears to be or to contain, or is represented
28 to be, constitute, or contain, a weapon of mass destruction as
29 defined in this section, but which is, in fact, an inoperative
30 facsimile, imitation, counterfeit, or representation of a
31 weapon of mass destruction which does not meet the definition
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1 of a weapon of mass destruction or which does not actually
2 contain or constitute a weapon, biological agent, toxin,
3 vector, or delivery system prohibited by this section.
4 (c) "Biological agent" means any microorganism, virus,
5 infectious substance, or biological product that may be
6 engineered through biotechnology, or any naturally occurring
7 or bioengineered component of any such microorganism, virus,
8 infectious substance, or biological product, capable of
9 causing:
10 1. Death, disease, or other biological malfunction in
11 a human, an animal, a plant, or other living organism;
12 2. Deterioration of food, water, equipment, supplies,
13 or material of any kind; or
14 3. Deleterious alteration of the environment.
15 (d) "Toxin" means the toxic material of plants,
16 animals, microorganisms, viruses, fungi, or infectious
17 substances, or a recombinant molecule, whatever its origin or
18 method of reproduction, including:
19 1. Any poisonous substance or biological product that
20 may be engineered through biotechnology produced by a living
21 organism; or
22 2. Any poisonous isomer or biological product,
23 homolog, or derivative of such substance.
24 (e) "Delivery system" means:
25 1. Any apparatus, equipment, device, or means of
26 delivery specifically designed to deliver or disseminate a
27 biological agent, toxin, or vector; or
28 2. Any vector.
29 (f) "Vector" means a living organism or molecule,
30 including a recombinant molecule or biological product that
31
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1 may be engineered through biotechnology, capable of carrying a
2 biological agent or toxin to a host.
3 (2) A person who, without lawful authority,
4 manufactures, possesses, sells, delivers, sends, mails,
5 displays, uses, threatens to use, attempts to use, or
6 conspires to use, or who makes readily accessible to others, a
7 weapon of mass destruction, including any biological agent,
8 toxin, vector, or delivery system as those terms are defined
9 in this section, commits a felony of the first degree,
10 punishable by imprisonment for a term of years not exceeding
11 life or as provided in s. 775.082, s. 775.083, or s. 775.084,
12 and if death results, commits a capital felony, punishable as
13 provided in s. 775.082.
14 (3) Any person who, without lawful authority,
15 manufactures, possesses, sells, delivers, sends, mails,
16 displays, uses, threatens to use, attempts to use, or
17 conspires to use, or who makes readily accessible to others, a
18 hoax weapon of mass destruction with the intent to deceive or
19 otherwise mislead another person into believing that the hoax
20 weapon of mass destruction will cause terror, bodily harm, or
21 property damage commits a felony of the second degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084.
24 (4) Any person who, while committing or attempting to
25 commit any felony, possesses, displays, or threatens to use
26 any hoax weapon of mass destruction commits a felony of the
27 second degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 (5) Notwithstanding any other law, adjudication of
30 guilt or imposition of sentence may not be suspended,
31 deferred, or withheld for a violation of subsection (3) or
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1 subsection (4). However, the state attorney may move the
2 sentencing court to reduce or suspend the sentence of any
3 person who is convicted of a violation of subsection (3) or
4 subsection (4) and who provides substantial assistance in the
5 identification, arrest, or conviction of any of his or her
6 accomplices, accessories, coconspirators, or principals.
7 (6) Proof that a device or object described in
8 subparagraph (1)(a)1. caused death or serious bodily injury to
9 a human or animal through the release, dissemination, or
10 impact of toxic or poisonous chemicals, or their precursors,
11 is prima facie evidence that the device or object was designed
12 or intended to cause such death or serious bodily injury.
13 Proof that a device or object described in subparagraph
14 (1)(a)3. released radiation or radioactivity at a level
15 dangerous to human or animal life is prima facie evidence that
16 the device or object was designed for such release.
17 (7)(4) This section does not apply to any member or
18 employee of the Armed Forces of the United States, a federal
19 or state governmental agency, or a private entity who is
20 otherwise engaged in lawful activity within the scope of his
21 or her employment, if such person is otherwise duly authorized
22 or licensed to manufacture, possess, sell, deliver, display,
23 or otherwise engage in activity relative to this section and
24 if such person is in compliance with applicable federal and
25 state law.
26 (8) For purpose of this section, the term "weapon of
27 mass destruction" does not include:
28 (a) A device or instrument that emits or discharges
29 smoke or an offensive, noxious, or irritant liquid, powder,
30 gas, or chemical for the purpose of immobilizing,
31 incapacitating, or thwarting an attack by a person or animal
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1 and that is lawfully possessed or used by a person for the
2 purpose of self-protection or, as provided in subsection (7),
3 is lawfully possessed or used by any member or employee of the
4 Armed Forces of the United States, a federal or state
5 governmental agency, or a private entity. A member or employee
6 of a federal or state governmental agency includes, but is not
7 limited to, a law enforcement officer, as defined in s.
8 784.07; a federal law enforcement officer, as defined in s.
9 901.1505; and an emergency service employee, as defined in s.
10 496.404.
11 (b) The liquid, powder, gas, chemical, or smoke that
12 is emitted or discharged from a device or instrument as
13 specified in paragraph (a).
14 Section 5. Paragraphs (b), (e), (f), (g), (h), and (i)
15 of subsection (3) of section 921.0022, Florida Statutes, as
16 amended by section 2 of chapter 2001-358, Laws of Florida, are
17 amended to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony
23 Statute Degree Description
24
25
26 (b) LEVEL 2
27 403.413(5)(c) 3rd Dumps waste litter exceeding 500
28 lbs. in weight or 100 cubic feet
29 in volume or any quantity for
30 commercial purposes, or hazardous
31 waste.
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1 517.07 3rd Registration of securities and
2 furnishing of prospectus
3 required.
4 590.28(1) 3rd Intentional or reckless burning
5 of lands Willful, malicious, or
6 intentional burning.
7 784.05(3) 3rd Storing or leaving a loaded
8 firearm within reach of minor who
9 uses it to inflict injury or
10 death.
11 787.04(1) 3rd In violation of court order,
12 take, entice, etc., minor beyond
13 state limits.
14 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
15 or more to public communication
16 or any other public service.
17 810.09(2)(e) 3rd Trespassing on posted commercial
18 horticulture property.
19 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
20 more but less than $5,000.
21 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
22 more but less than $300, taken
23 from unenclosed curtilage of
24 dwelling.
25 812.015(7) 3rd Possession, use, or attempted use
26 of an antishoplifting or
27 inventory control device
28 countermeasure.
29 817.234(1)(a)2. 3rd False statement in support of
30 insurance claim.
31
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1 817.481(3)(a) 3rd Obtain credit or purchase with
2 false, expired, counterfeit,
3 etc., credit card, value over
4 $300.
5 817.52(3) 3rd Failure to redeliver hired
6 vehicle.
7 817.54 3rd With intent to defraud, obtain
8 mortgage note, etc., by false
9 representation.
10 817.60(5) 3rd Dealing in credit cards of
11 another.
12 817.60(6)(a) 3rd Forgery; purchase goods, services
13 with false card.
14 817.61 3rd Fraudulent use of credit cards
15 over $100 or more within 6
16 months.
17 826.04 3rd Knowingly marries or has sexual
18 intercourse with person to whom
19 related.
20 831.01 3rd Forgery.
21 831.02 3rd Uttering forged instrument;
22 utters or publishes alteration
23 with intent to defraud.
24 831.07 3rd Forging bank bills, checks,
25 drafts, or promissory notes.
26 831.08 3rd Possessing 10 or more forged
27 notes, bills, checks, or drafts.
28 831.09 3rd Uttering forged notes, bills,
29 checks, drafts, or promissory
30 notes.
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1 831.11 3rd Bringing into the state forged
2 bank bills, checks, drafts, or
3 notes.
4 832.05(3)(a) 3rd Cashing or depositing item with
5 intent to defraud.
6 843.08 3rd Falsely impersonating an officer.
7 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
8 (2)(c)1., (2)(c)2., (2)(c)3.,
9 (2)(c)5., (2)(c)6., (2)(c)7.,
10 (2)(c)8., (2)(c)9., (3), or (4)
11 drugs other than cannabis.
12 893.147(2) 3rd Manufacture or delivery of drug
13 paraphernalia.
14 (e) LEVEL 5
15 316.027(1)(a) 3rd Accidents involving personal
16 injuries, failure to stop;
17 leaving scene.
18 316.1935(4) 2nd Aggravated fleeing or eluding.
19 322.34(6) 3rd Careless operation of motor
20 vehicle with suspended license,
21 resulting in death or serious
22 bodily injury.
23 327.30(5) 3rd Vessel accidents involving
24 personal injury; leaving scene.
25 381.0041(11)(b) 3rd Donate blood, plasma, or organs
26 knowing HIV positive.
27 790.01(2) 3rd Carrying a concealed firearm.
28 790.162 2nd Threat to throw or discharge
29 destructive device.
30 790.163(1) 790.163 2nd False report of deadly explosive
31 or weapon of mass destruction.
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1 790.165(2) 3rd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.221(1) 2nd Possession of short-barreled
4 shotgun or machine gun.
5 790.23 2nd Felons in possession of firearms
6 or electronic weapons or devices.
7 800.04(6)(c) 3rd Lewd or lascivious conduct;
8 offender less than 18 years.
9 800.04(7)(c) 2nd Lewd or lascivious exhibition;
10 offender 18 years or older.
11 806.111(1) 3rd Possess, manufacture, or dispense
12 fire bomb with intent to damage
13 any structure or property.
14 812.015(8) 3rd Retail theft; property stolen is
15 valued at $300 or more and one or
16 more specified acts.
17 812.019(1) 2nd Stolen property; dealing in or
18 trafficking in.
19 812.131(2)(b) 3rd Robbery by sudden snatching.
20 812.16(2) 3rd Owning, operating, or conducting
21 a chop shop.
22 817.034(4)(a)2. 2nd Communications fraud, value
23 $20,000 to $50,000.
24 817.234(11)(b) 2nd Insurance fraud; property value
25 $20,000 or more but less than
26 $100,000.
27 817.568(2)(b) 2nd Fraudulent use of personal
28 identification information; value
29 of benefit, services received,
30 payment avoided, or amount of
31 injury or fraud, $75,000 or more.
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1 817.625(2)(b) 2nd Second or subsequent fraudulent
2 use of scanning device or
3 reencoder.
4 825.1025(4) 3rd Lewd or lascivious exhibition in
5 the presence of an elderly person
6 or disabled adult.
7 827.071(4) 2nd Possess with intent to promote
8 any photographic material, motion
9 picture, etc., which includes
10 sexual conduct by a child.
11 843.01 3rd Resist officer with violence to
12 person; resist arrest with
13 violence.
14 874.05(2) 2nd Encouraging or recruiting another
15 to join a criminal street gang;
16 second or subsequent offense.
17 893.13(1)(a)1. 2nd 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).
22 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
23 cannabis (or other s.
24 893.03(1)(c), (2)(c)1., (2)(c)2.,
25 (2)(c)3., (2)(c)5., (2)(c)6.,
26 (2)(c)7., (2)(c)8., (2)(c)9.,
27 (3), or (4) drugs) within 1,000
28 feet of a child care facility or
29 school.
30
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1 893.13(1)(d)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of
6 university or public park.
7 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
8 cannabis or other drug prohibited
9 under s. 893.03(1)(c), (2)(c)1.,
10 (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8.,
12 (2)(c)9., (3), or (4) within
13 1,000 feet of property used for
14 religious services or a specified
15 business site.
16 893.13(1)(f)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d), or
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs) within 200 feet of public
21 housing facility.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c)1.,
24 (2)(c)2., (2)(c)3., (2)(c)5.,
25 (2)(c)6., (2)(c)7., (2)(c)8.,
26 (2)(c)9., (3), or (4) drugs).
27 (f) LEVEL 6
28 316.027(1)(b) 2nd Accident involving death, failure
29 to stop; leaving scene.
30 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
31 conviction.
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1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 775.21(10) 3rd Sexual predators; failure to
4 register; failure to renew
5 driver's license or
6 identification card.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.074(1)(b) 2nd Aggravated assault on sexually
19 violent predators facility staff.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 784.083(2) 2nd Aggravated assault on code
28 inspector.
29 787.02(2) 3rd False imprisonment; restraining
30 with purpose other than those in
31 s. 787.01.
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1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive,
8 weapon of mass destruction, or
9 act of arson or violence to state
10 property.
11 790.19 2nd Shooting or throwing deadly
12 missiles into dwellings, vessels,
13 or vehicles.
14 794.011(8)(a) 3rd Solicitation of minor to
15 participate in sexual activity by
16 custodial adult.
17 794.05(1) 2nd Unlawful sexual activity with
18 specified minor.
19 800.04(5)(d) 3rd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 less than 18 years.
23 800.04(6)(b) 2nd Lewd or lascivious conduct;
24 offender 18 years of age or
25 older.
26 806.031(2) 2nd Arson resulting in great bodily
27 harm to firefighter or any other
28 person.
29 810.02(3)(c) 2nd Burglary of occupied structure;
30 unarmed; no assault or battery.
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1 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.014(2)(b)2. 2nd Property stolen cargo valued at
5 less than $50,000, grand theft in
6 2nd degree.
7 812.015(9) 2nd Retail theft; property stolen
8 $300 or more; second or
9 subsequent conviction.
10 812.13(2)(c) 2nd Robbery, no firearm or other
11 weapon (strong-arm robbery).
12 817.034(4)(a)1. 1st Communications fraud, value
13 greater than $50,000.
14 817.4821(5) 2nd Possess cloning paraphernalia
15 with intent to create cloned
16 cellular telephones.
17 825.102(1) 3rd Abuse of an elderly person or
18 disabled adult.
19 825.102(3)(c) 3rd Neglect of an elderly person or
20 disabled adult.
21 825.1025(3) 3rd Lewd or lascivious molestation of
22 an elderly person or disabled
23 adult.
24 825.103(2)(c) 3rd Exploiting an elderly person or
25 disabled adult and property is
26 valued at less than $20,000.
27 827.03(1) 3rd Abuse of a child.
28 827.03(3)(c) 3rd Neglect of a child.
29 827.071(2)&(3) 2nd Use or induce a child in a sexual
30 performance, or promote or direct
31 such performance.
19
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Florida Senate - 2002 CS for SB 998
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1 836.05 2nd Threats; extortion.
2 836.10 2nd Written threats to kill or do
3 bodily injury.
4 843.12 3rd Aids or assists person to escape.
5 847.0135(3) 3rd Solicitation of a child, via a
6 computer service, to commit an
7 unlawful sex act.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 943.0435(9) 3rd Sex offenders; failure to comply
12 with reporting requirements.
13 944.35(3)(a)2. 3rd Committing malicious battery upon
14 or inflicting cruel or inhuman
15 treatment on an inmate or
16 offender on community
17 supervision, resulting in great
18 bodily harm.
19 944.40 2nd Escapes.
20 944.46 3rd Harboring, concealing, aiding
21 escaped prisoners.
22 944.47(1)(a)5. 2nd Introduction of contraband
23 (firearm, weapon, or explosive)
24 into correctional facility.
25 951.22(1) 3rd Intoxicating drug, firearm, or
26 weapon introduced into county
27 facility.
28 (g) LEVEL 7
29 316.193(3)(c)2. 3rd DUI resulting in serious bodily
30 injury.
31
20
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Florida Senate - 2002 CS for SB 998
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1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
2 bodily injury.
3 402.319(2) 2nd Misrepresentation and negligence
4 or intentional act resulting in
5 great bodily harm, permanent
6 disfiguration, permanent
7 disability, or death.
8 409.920(2) 3rd Medicaid provider fraud.
9 456.065(2) 3rd Practicing a health care
10 profession without a license.
11 456.065(2) 2nd Practicing a health care
12 profession without a license
13 which results in serious bodily
14 injury.
15 458.327(1) 3rd Practicing medicine without a
16 license.
17 459.013(1) 3rd Practicing osteopathic medicine
18 without a license.
19 460.411(1) 3rd Practicing chiropractic medicine
20 without a license.
21 461.012(1) 3rd Practicing podiatric medicine
22 without a license.
23 462.17 3rd Practicing naturopathy without a
24 license.
25 463.015(1) 3rd Practicing optometry without a
26 license.
27 464.016(1) 3rd Practicing nursing without a
28 license.
29 465.015(2) 3rd Practicing pharmacy without a
30 license.
31
21
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1 466.026(1) 3rd Practicing dentistry or dental
2 hygiene without a license.
3 467.201 3rd Practicing midwifery without a
4 license.
5 468.366 3rd Delivering respiratory care
6 services without a license.
7 483.828(1) 3rd Practicing as clinical laboratory
8 personnel without a license.
9 483.901(9) 3rd Practicing medical physics
10 without a license.
11 484.013(1)(c) 3rd Preparing or dispensing optical
12 devices without a prescription.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
29
30
31
22
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Florida Senate - 2002 CS for SB 998
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.07(2)(d) 1st Aggravated battery on law
31 enforcement officer.
23
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Florida Senate - 2002 CS for SB 998
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1 784.074(1)(a) 1st Aggravated battery on sexually
2 violent predators facility staff.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.165(2) 2nd Manufacture, sell, possess, or
18 deliver hoax bomb.
19 790.165(3) 2nd Possessing, displaying, or
20 threatening to use any hoax bomb
21 while committing or attempting to
22 commit a felony.
23 790.166(3) 2nd Possessing, selling, using, or
24 attempting to use a hoax weapon
25 of mass destruction.
26 790.166(4) 2nd Possessing, displaying, or
27 threatening to use a hoax weapon
28 of mass destruction while
29 committing or attempting to
30 commit a felony.
31
24
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 796.03 2nd Procuring any person under 16
2 years for prostitution.
3 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
4 victim less than 12 years of age;
5 offender less than 18 years.
6 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 18 years or older.
10 806.01(2) 2nd Maliciously damage structure by
11 fire or explosive.
12 810.02(3)(a) 2nd Burglary of occupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(d) 2nd Burglary of occupied conveyance;
17 unarmed; no assault or battery.
18 812.014(2)(a) 1st Property stolen, valued at
19 $100,000 or more; cargo stolen
20 valued at $50,000, or more;
21 property stolen while causing
22 other property damage; 1st degree
23 grand theft.
24 812.014(2)(b)2. 2nd Property stolen, emergency
25 medical equipment; 2nd degree
26 grand theft.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
25
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Florida Senate - 2002 CS for SB 998
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 817.234(11)(c) 1st Insurance fraud; property value
4 $100,000 or more.
5 825.102(3)(b) 2nd Neglecting an elderly person or
6 disabled adult causing great
7 bodily harm, disability, or
8 disfigurement.
9 825.1025(2) 2nd Lewd or lascivious battery upon
10 an elderly person or disabled
11 adult.
12 825.103(2)(b) 2nd Exploiting an elderly person or
13 disabled adult and property is
14 valued at $20,000 or more, but
15 less than $100,000.
16 827.03(3)(b) 2nd Neglect of a child causing great
17 bodily harm, disability, or
18 disfigurement.
19 827.04(3) 3rd Impregnation of a child under 16
20 years of age by person 21 years
21 of age or older.
22 837.05(2) 3rd Giving false information about
23 alleged capital felony to a law
24 enforcement officer.
25 872.06 2nd Abuse of a dead human body.
26 893.13(1)(c)1. 1st Sell, manufacture, or deliver
27 cocaine (or other drug prohibited
28 under s. 893.03(1)(a), (1)(b),
29 (1)(d), (2)(a), (2)(b), or
30 (2)(c)4.) within 1,000 feet of a
31 child care facility or school.
26
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 893.13(1)(e)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
6 property used for religious
7 services or a specified business
8 site.
9 893.13(4)(a) 1st Deliver to minor cocaine (or
10 other s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4. drugs).
13
14 893.135(1)(a)1. 1st Trafficking in cannabis, more
15 than 25 lbs., less than 2,000
16 lbs.
17
18 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than
19 28 grams, less than 200 grams.
20 893.135
21 (1)(c)1.a. 1st Trafficking in illegal drugs,
22 more than 4 grams, less than 14
23 grams.
24 893.135
25 (1)(d)1. 1st Trafficking in phencyclidine,
26 more than 28 grams, less than 200
27 grams.
28 893.135(1)(e)1. 1st Trafficking in methaqualone, more
29 than 200 grams, less than 5
30 kilograms.
31
27
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 893.135
5 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
6 grams or more, less than 14
7 grams.
8 893.135
9 (1)(h)1.a. 1st Trafficking in
10 gamma-hydroxybutyric acid (GHB),
11 1 kilogram or more, less than 5
12 kilograms.
13 893.135(1)(j)1.a.
14 893.135(1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
15 kilogram or more, less than 5
16 kilograms.
17 893.135(1)(k)2.a.
18 893.135(1)(j)2.a. 1st Trafficking in Phenethylamines,
19 10 grams or more, less than 200
20 grams.
21 896.101(5)(a) 3rd Money laundering, financial
22 transactions exceeding $300 but
23 less than $20,000.
24 896.104(4)(a)1. 3rd Structuring transactions to evade
25 reporting or registration
26 requirements, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
28
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Florida Senate - 2002 CS for SB 998
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1 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2 560.123(8)(b)2. 2nd Failure to report currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000 by money transmitter.
6 560.125(5)(b) 2nd Money transmitter business by
7 unauthorized person, currency or
8 payment instruments totaling or
9 exceeding $20,000, but less than
10 $100,000.
11 655.50(10)(b)2. 2nd Failure to report financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000 by financial
15 institutions.
16 777.03(2)(a) 1st Accessory after the fact, capital
17 felony.
18 782.04(4) 2nd Killing of human without design
19 when engaged in act or attempt of
20 any felony other than arson,
21 sexual battery, robbery,
22 burglary, kidnapping, aircraft
23 piracy, or unlawfully discharging
24 bomb.
25 782.051(2) 1st Attempted felony murder while
26 perpetrating or attempting to
27 perpetrate a felony not
28 enumerated in s. 782.04(3).
29 782.071(1)(b) 1st Committing vehicular homicide and
30 failing to render aid or give
31 information.
29
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 782.072(2) 1st Committing vessel homicide and
2 failing to render aid or give
3 information.
4 790.161(3) 1st Discharging a destructive device
5 which results in bodily harm or
6 property damage.
7 794.011(5) 2nd Sexual battery, victim 12 years
8 or over, offender does not use
9 physical force likely to cause
10 serious injury.
11 800.04(4) 2nd Lewd or lascivious battery.
12 806.01(1) 1st Maliciously damage dwelling or
13 structure by fire or explosive,
14 believing person in structure.
15 810.02(2)(a) 1st,PBL Burglary with assault or battery.
16 810.02(2)(b) 1st,PBL Burglary; armed with explosives
17 or dangerous weapon.
18 810.02(2)(c) 1st Burglary of a dwelling or
19 structure causing structural
20 damage or $1,000 or more property
21 damage.
22 812.13(2)(b) 1st Robbery with a weapon.
23 812.135(2) 1st Home-invasion robbery.
24 825.102(2) 2nd Aggravated abuse of an elderly
25 person or disabled adult.
26 825.103(2)(a) 1st Exploiting an elderly person or
27 disabled adult and property is
28 valued at $100,000 or more.
29 837.02(2) 2nd Perjury in official proceedings
30 relating to prosecution of a
31 capital felony.
30
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Florida Senate - 2002 CS for SB 998
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1 837.021(2) 2nd Making contradictory statements
2 in official proceedings relating
3 to prosecution of a capital
4 felony.
5 860.121(2)(c) 1st Shooting at or throwing any
6 object in path of railroad
7 vehicle resulting in great bodily
8 harm.
9 860.16 1st Aircraft piracy.
10 893.13(1)(b) 1st Sell or deliver in excess of 10
11 grams of any substance specified
12 in s. 893.03(1)(a) or (b).
13 893.13(2)(b) 1st Purchase in excess of 10 grams of
14 any substance specified in s.
15 893.03(1)(a) or (b).
16 893.13(6)(c) 1st Possess in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.135(1)(a)2. 1st Trafficking in cannabis, more
20 than 2,000 lbs., less than 10,000
21 lbs.
22 893.135
23 (1)(b)1.b. 1st Trafficking in cocaine, more than
24 200 grams, less than 400 grams.
25 893.135
26 (1)(c)1.b. 1st Trafficking in illegal drugs,
27 more than 14 grams, less than 28
28 grams.
29
30
31
31
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Florida Senate - 2002 CS for SB 998
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135(1)(j)1.b.
23 893.135(1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135(1)(k)2.b.
27 893.135(1)(j)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
30
31
32
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Florida Senate - 2002 CS for SB 998
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 560.123(8)(b)3. 1st Failure to report currency or
26 payment instruments totaling or
27 exceeding $100,000 by money
28 transmitter.
29
30
31
33
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 560.125(5)(c) 1st Money transmitter business by
2 unauthorized person, currency, or
3 payment instruments totaling or
4 exceeding $100,000.
5 655.50(10)(b)3. 1st Failure to report financial
6 transactions totaling or
7 exceeding $100,000 by financial
8 institution.
9 775.0844 755.0844 1st Aggravated white collar crime.
10 782.04(1) 1st Attempt, conspire, or solicit to
11 commit premeditated murder.
12 782.04(3) 1st,PBL Accomplice to murder in
13 connection with arson, sexual
14 battery, robbery, burglary, and
15 other specified felonies.
16 782.051(1) 1st Attempted felony murder while
17 perpetrating or attempting to
18 perpetrate a felony enumerated in
19 s. 782.04(3).
20 782.07(2) 1st Aggravated manslaughter of an
21 elderly person or disabled adult.
22 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
23 reward or as a shield or hostage.
24 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
25 or facilitate commission of any
26 felony.
27 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
28 interfere with performance of any
29 governmental or political
30 function.
31
34
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Florida Senate - 2002 CS for SB 998
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
31 827.03(2) 1st Aggravated child abuse.
35
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Florida Senate - 2002 CS for SB 998
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1 847.0145(1) 1st Selling, or otherwise
2 transferring custody or control,
3 of a minor.
4 847.0145(2) 1st Purchasing, or otherwise
5 obtaining custody or control, of
6 a minor.
7 859.01 1st Poisoning or introducing
8 bacteria, radioactive materials,
9 viruses, or chemical compounds
10 into food, drink, medicine, or
11 water with intent to kill or
12 injure another person.
13 893.135 1st Attempted capital trafficking
14 offense.
15 893.135(1)(a)3. 1st Trafficking in cannabis, more
16 than 10,000 lbs.
17 893.135
18 (1)(b)1.c. 1st Trafficking in cocaine, more than
19 400 grams, less than 150
20 kilograms.
21 893.135
22 (1)(c)1.c. 1st Trafficking in illegal drugs,
23 more than 28 grams, less than 30
24 kilograms.
25 893.135
26 (1)(d)1.c. 1st Trafficking in phencyclidine,
27 more than 400 grams.
28 893.135
29 (1)(e)1.c. 1st Trafficking in methaqualone, more
30 than 25 kilograms.
31
36
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Florida Senate - 2002 CS for SB 998
307-1788-02
1 893.135
2 (1)(f)1.c. 1st Trafficking in amphetamine, more
3 than 200 grams.
4 893.135
5 (1)(h)1.c. 1st Trafficking in
6 gamma-hydroxybutyric acid (GHB),
7 10 kilograms or more.
8 893.135(1)(j)1.c.
9 893.135(1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
10 kilograms or more.
11 893.135(1)(k)2.c.
12 893.135(1)(j)2.c. 1st Trafficking in Phenethylamines,
13 400 grams or more.
14 896.101(5)(c) 1st Money laundering, financial
15 instruments totaling or exceeding
16 $100,000.
17 896.104(4)(a)3. 1st Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions totaling or
21 exceeding $100,000.
22 Section 6. This act shall take effect July 1, 2002.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill 998
26
27 - Applicable to hoax weapon of mass destruction offenses,
authorizes a state attorney to move for a reduction or
28 suspension of sentence based upon the defendant's
substantial assistance.
29
- Clarifies that definition of "weapons of mass
30 destruction" does not include certain instruments or
devices lawfully used for self-protection or used by law
31 enforcement officers or others, as specified, in the
course of their official duties.
37
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