Senate Bill 1784
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1784
By Senator Bronson
18-910-98 See HB
1 A bill to be entitled
2 An act relating to robbery; amending s. 812.13,
3 F.S.; redefining the offense of robbery to
4 include robbery by sudden snatching; defining
5 "sudden snatching"; providing for
6 reclassification of the offense to a higher
7 degree under specified circumstances when the
8 offender carried a firearm or other deadly
9 weapon; providing penalties; reenacting s.
10 921.0022(3)(f), (h), and (i), F.S., relating to
11 the offense severity ranking chart of the
12 Criminal Punishment Code, to incorporate the
13 amendment to s. 812.13, F.S., in references
14 thereto; providing an effective date.
15
16 WHEREAS, the Legislature finds that it is in the best
17 interest of the citizens of this state not to require that
18 victims of theft or larceny by sudden snatching resist the
19 efforts of their assailant in order to establish the offense
20 of robbery, and
21 WHEREAS, the Legislature finds that it is in the best
22 interest of the citizens of this state to broaden the category
23 of offenses punishable as robbery to include the taking of
24 money or property by sudden snatching from another's person or
25 custody when there is no resistance offered by the victim,
26 NOW, THEREFORE,
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 812.13, Florida Statutes, is
31 amended to read:
1
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 812.13 Robbery.--
2 (1)(a) "Robbery" means the taking of money or other
3 property which may be the subject of larceny from the person
4 or custody of another, with intent to either permanently or
5 temporarily deprive the person or the owner of the money or
6 other property, when in the course of the taking there is the
7 use of force, a sudden snatching, violence, assault, or
8 putting in fear.
9 (b) "Sudden snatching" means taking possession of
10 money or other property from the victim's person, when the
11 victim was aware of the taking. In order to satisfy this
12 definition, it is not necessary to show that:
13 1. The offender used any amount of force beyond that
14 effort necessary to obtain possession of the money or other
15 property; or
16 2. There was any resistance offered by the victim to
17 the offender or injury to the victim's person.
18 (2)(a) If in the course of committing the robbery the
19 offender carried a firearm or other deadly weapon, then the
20 robbery is a felony of the first degree, punishable by
21 imprisonment for a term of years not exceeding life
22 imprisonment or as provided in s. 775.082, s. 775.083, or s.
23 775.084.
24 (b) If in the course of committing the robbery the
25 offender carried a weapon, then the robbery is a felony of the
26 first degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 (c) If in the course of committing the robbery the
29 offender carried no firearm, deadly weapon, or other weapon,
30 then the robbery is a felony of the second degree, punishable
31 as provided in s. 775.082, s. 775.083, or s. 775.084.
2
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 (3)(a) An act shall be deemed "in the course of
2 committing the robbery" if it occurs in an attempt to commit
3 robbery or in flight after the attempt or commission.
4 (b) An act shall be deemed "in the course of the
5 taking" if it occurs either prior to, contemporaneous with, or
6 subsequent to the taking of the property and if it and the act
7 of taking constitute a continuous series of acts or events.
8 Section 2. For the purpose of incorporating the
9 amendment made by this act to section 812.13, Florida
10 Statutes, in references thereto, paragraphs (f), (h), and (i)
11 of subsection (3) of section 921.0022, Florida Statutes, as
12 created by section 5 of chapter 97-194, Laws of Florida, are
13 reenacted to read:
14 921.0022 Criminal Punishment Code; offense severity
15 ranking chart.--
16 (3) OFFENSE SEVERITY RANKING CHART
17
18 Florida Felony
19 Statute Degree Description
20
21
22 (f) LEVEL 6
23 316.027(1)(b) 2nd Accident involving death, failure
24 to stop; leaving scene.
25 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
26 conviction.
27 775.0875(1) 3rd Taking firearm from law
28 enforcement officer.
29 784.021(1)(a) 3rd Aggravated assault; deadly weapon
30 without intent to kill.
31
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 784.021(1)(b) 3rd Aggravated assault; intent to
2 commit felony.
3 784.048(3) 3rd Aggravated stalking; credible
4 threat.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.08(2)(b) 2nd Aggravated assault on a person 65
8 years of age or older.
9 784.081(2) 2nd Aggravated assault on specified
10 official or employee.
11 784.082(2) 2nd Aggravated assault by detained
12 person on visitor or other
13 detainee.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive
24 or act of arson or violence to
25 state property.
26 790.19 2nd Shooting or throwing deadly
27 missiles into dwellings, vessels,
28 or vehicles.
29 794.011(8)(a) 3rd Solicitation of minor to
30 participate in sexual activity by
31 custodial adult.
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 794.05(1) 2nd Unlawful sexual activity with
2 specified minor.
3 806.031(2) 2nd Arson resulting in great bodily
4 harm to firefighter or any other
5 person.
6 810.02(3)(c) 2nd Burglary of occupied structure;
7 unarmed; no assault or battery.
8 812.014(2)(b) 2nd Property stolen $20,000 or more,
9 but less than $100,000, grand
10 theft in 2nd degree.
11 812.13(2)(c) 2nd Robbery, no firearm or other
12 weapon (strong-arm robbery).
13 817.034(4)(a)1. 1st Communications fraud, value
14 greater than $50,000.
15 817.4821(5) 2nd Possess cloning paraphernalia
16 with intent to create cloned
17 cellular telephones.
18 825.102(1) 3rd Abuse of an elderly person or
19 disabled adult.
20 825.102(3)(c) 3rd Neglect of an elderly person or
21 disabled adult.
22 825.1025(3) 3rd Lewd or lascivious molestation of
23 an elderly person or disabled
24 adult.
25 825.103(2)(c) 3rd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $100 or more, but less
28 than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
31
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 944.35(3)(a)2. 3rd Committing malicious battery upon
12 or inflicting cruel or inhuman
13 treatment on an inmate or
14 offender on community
15 supervision, resulting in great
16 bodily harm.
17 944.40 2nd Escapes.
18 944.46 3rd Harboring, concealing, aiding
19 escaped prisoners.
20 944.47(1)(a)5. 2nd Introduction of contraband
21 (firearm, weapon, or explosive)
22 into correctional facility.
23 951.22(1) 3rd Intoxicating drug, firearm, or
24 weapon introduced into county
25 facility.
26 (h) LEVEL 8
27 316.193
28 (3)(c)3.a. 2nd DUI manslaughter.
29 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
30 777.03(2)(a) 1st Accessory after the fact, capital
31 felony.
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Florida Senate - 1998 SB 1784
18-910-98 See HB
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.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 806.01(1) 1st Maliciously damage dwelling or
22 structure by fire or explosive,
23 believing person in structure.
24 810.02(2)(a) 1st,PBL Burglary with assault or battery.
25 810.02(2)(b) 1st,PBL Burglary; armed with explosives
26 or dangerous weapon.
27 810.02(2)(c) 1st Burglary of a dwelling or
28 structure causing structural
29 damage or $1,000 or more property
30 damage.
31 812.13(2)(b) 1st Robbery with a weapon.
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 812.135(2) 1st Home-invasion robbery.
2 825.102(2) 2nd Aggravated abuse of an elderly
3 person or disabled adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 827.03(2) 2nd Aggravated child abuse.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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Florida Senate - 1998 SB 1784
18-910-98 See HB
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.
13 895.03(1) 1st Use or invest proceeds derived
14 from pattern of racketeering
15 activity.
16 895.03(2) 1st Acquire or maintain through
17 racketeering activity any
18 interest in or control of any
19 enterprise or real property.
20 895.03(3) 1st Conduct or participate in any
21 enterprise through pattern of
22 racketeering activity.
23 (i) LEVEL 9
24 316.193
25 (3)(c)3.b. 1st DUI manslaughter; failing to
26 render aid or give information.
27 782.04(1) 1st Attempt, conspire, or solicit to
28 commit premeditated murder.
29
30
31
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.07(2) 1st Aggravated manslaughter of an
6 elderly person or disabled adult.
7 782.07(3) 1st Aggravated manslaughter of a
8 child.
9 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
10 reward or as a shield or hostage.
11 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
12 or facilitate commission of any
13 felony.
14 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
15 interfere with performance of any
16 governmental or political
17 function.
18 787.02(3)(a) 1st False imprisonment; child under
19 age 13; perpetrator also commits
20 child abuse, sexual battery,
21 lewd, or lascivious act, etc.
22 790.161 1st Attempted capital destructive
23 device offense.
24 794.011(2) 1st Attempted sexual battery; victim
25 less than 12 years of age.
26 794.011(2) Life Sexual battery; offender younger
27 than 18 years and commits sexual
28 battery on a person less than 12
29 years.
30 794.011(4) 1st Sexual battery; victim 12 years
31 or older, certain circumstances.
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 794.011(8)(b) 1st Sexual battery; engage in sexual
2 conduct with minor 12 to 18 years
3 by person in familial or
4 custodial authority.
5 812.13(2)(a) 1st,PBL Robbery with firearm or other
6 deadly weapon.
7 812.133(2)(a) 1st,PBL Carjacking; firearm or other
8 deadly weapon.
9 847.0145(1) 1st Selling, or otherwise
10 transferring custody or control,
11 of a minor.
12 847.0145(2) 1st Purchasing, or otherwise
13 obtaining custody or control, of
14 a minor.
15 859.01 1st Poisoning food, drink, medicine,
16 or water with intent to kill or
17 injure another person.
18 893.135 1st Attempted capital trafficking
19 offense.
20 893.135(1)(a)3. 1st Trafficking in cannabis, more
21 than 10,000 lbs.
22 893.135
23 (1)(b)1.c. 1st Trafficking in cocaine, more than
24 400 grams, less than 150
25 kilograms.
26 893.135
27 (1)(c)1.c. 1st Trafficking in illegal drugs,
28 more than 28 grams, less than 30
29 kilograms.
30
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Florida Senate - 1998 SB 1784
18-910-98 See HB
1 893.135
2 (1)(d)1.c. 1st Trafficking in phencyclidine,
3 more than 400 grams.
4 893.135
5 (1)(e)1.c. 1st Trafficking in methaqualone, more
6 than 25 kilograms.
7 893.135
8 (1)(f)1.c. 1st Trafficking in amphetamine, more
9 than 200 grams.
10 Section 3. This act shall take effect October 1, 1998.
11
12 *****************************************
13 LEGISLATIVE SUMMARY
14 Redefines the offense of robbery to include robbery by
sudden snatching. Provides definitions. Provides
15 penalties. Provides for reclassification of the offense
to a higher degree under specified circumstances when the
16 offender carried a firearm or other deadly weapon.
Provides penalties for the reclassified offenses.
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