| 1 | The Domestic Security Committee recommends the following: | 
| 2 | 
 | 
| 3 | Council/Committee Substitute | 
| 4 | Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to the misuse of laser lighting devices; | 
| 7 | amending s. 784.062, F.S.; revising the definition of | 
| 8 | "laser lighting device"; providing that any person who | 
| 9 | knowingly and willfully aims a laser lighting device at a | 
| 10 | person operating a motor vehicle, vessel, or aircraft | 
| 11 | commits a felony of the third degree; providing that any | 
| 12 | person who causes bodily harm while improperly pointing | 
| 13 | the laser lighting device at the operator of a motor | 
| 14 | vehicle, vessel, or aircraft commits a felony of the | 
| 15 | second degree; providing penalties; providing an effective | 
| 16 | date. | 
| 17 | 
 | 
| 18 | Be It Enacted by the Legislature of the State of Florida: | 
| 19 | 
 | 
| 20 | Section 1.  Section 784.062, Florida Statutes, is amended | 
| 21 | to read: | 
| 22 | 784.062  Misuse of laser lighting devices.-- | 
| 23 | (1)  As used in subsection (2) this section, the term | 
| 24 | "laser lighting device" means a hand-held device, not affixed to | 
| 25 | a firearm, which emits a laser beam that is designed to be used | 
| 26 | by the operator as a pointer or highlighter to indicate, mark, | 
| 27 | or identify a specific position, place, item, or object. As used | 
| 28 | in subsection (3), the term "laser lighting device" means any | 
| 29 | device designed or used to amplify electromagnetic radiation by | 
| 30 | stimulated emission. | 
| 31 | (2)  Any person who knowingly and willfully shines, points, | 
| 32 | or focuses the beam of a laser lighting device at a law | 
| 33 | enforcement officer, engaged in the performance of his or her | 
| 34 | official duties, in such a manner that would cause a reasonable | 
| 35 | person to believe that a firearm is pointed at him or her | 
| 36 | commits a noncriminal violation, punishable as provided in s. | 
| 37 | 775.083. | 
| 38 | (3)(a)  Any person who knowingly and willfully shines, | 
| 39 | points, or focuses the beam of a laser lighting device on an | 
| 40 | individual operating a motor vehicle, vessel, or aircraft | 
| 41 | commits a felony of the third degree, punishable as provided in | 
| 42 | s. 775.082, s. 775.083, or s. 775.084. | 
| 43 | (b)  Any person who knowingly and willfully shines, points, | 
| 44 | or focuses the beam of a laser lighting device on an individual | 
| 45 | operating a motor vehicle, vessel, or aircraft and such act | 
| 46 | results in bodily injury commits a felony of the second degree, | 
| 47 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 48 | Section 2.  This act shall take effect July 1, 2005. |