CODING: Words stricken are deletions; words underlined are additions.House Bill 0275
Florida House of Representatives - 1997 HB 275
By Representative Sindler
1 A bill to be entitled
2 An act relating to simulated weapons offenses;
3 amending s. 775.087, F.S., relating to felony
4 reclassification and imposition of mandatory
5 minimum term of imprisonment for certain
6 offenses involving possession or use of weapon;
7 providing for enhanced penalties for
8 threatening to use a firearm regardless of
9 actual possession, under specified
10 circumstances indicative to a reasonable person
11 of firearm possession; providing for enhanced
12 penalties except mandatory minimum sentence
13 under specified circumstances when the object
14 used to threaten is a simulation of a firearm;
15 providing for sentencing guidelines scoring of
16 certain offenses involving threats with such
17 objects; amending s. 784.021, F.S., relating to
18 aggravated assault; providing that, for
19 purposes of aggravated assault involving
20 assault with a deadly weapon without intent to
21 kill, the term "deadly weapon" includes
22 simulated weapons, under specified
23 circumstances indicative to a reasonable person
24 that a deadly weapon is being carried;
25 providing penalties; reenacting ss.
26 775.0823(10), 775.0877(1)(e), and
27 921.0012(3)(f), F.S., relating to violent
28 offenses committed against certain state
29 officials, criminal transmission of HIV, and
30 the sentencing guidelines offense levels,
31 respectively, to incorporate said amendment in
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1 references; amending s. 812.13, F.S., relating
2 to robbery; providing that a defendant shall be
3 deemed to have carried a weapon, firearm, or
4 deadly weapon under specified circumstances
5 indicative to a reasonable person that the
6 respective weapon is being carried; providing
7 penalties; providing for sentencing guidelines
8 scoring of certain robbery offenses involving
9 simulation of firearms; reenacting s.
10 921.0012(3)(h) and (i), relating to the
11 sentencing guidelines offense levels, to
12 incorporate said amendment in references;
13 amending s. 812.133, F.S., relating to
14 carjacking; providing that a defendant shall be
15 deemed to have carried a weapon, firearm, or
16 deadly weapon under specified circumstances
17 indicative to a reasonable person that the
18 respective weapon is being carried; providing
19 penalties; providing for sentencing guidelines
20 scoring of certain carjacking offenses
21 involving firearms; reenacting ss.
22 39.052(3)(a), 921.0012(3)(i), and
23 943.325(1)(a), F.S., relating to transfer of
24 child for prosecution as adult, sentencing
25 guidelines offense levels, and blood specimen
26 testing required for DNA analysis,
27 respectively, to incorporate said amendment in
28 references; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (4) is added to section 775.087,
2 Florida Statutes, 1996 Supplement, to read:
3 775.087 Possession or use of weapon; aggravated
4 battery; felony reclassification; minimum sentence.--
5 (4)(a) A person who threatens to use a firearm, and
6 whose words or actions would indicate to a reasonable person
7 that the person possesses a firearm at the time the threat is
8 made, shall be subject to prosecution under this section
9 whether or not the defendant actually possessed a firearm.
10 (b)1. In cases where the object used was merely a
11 simulation of a firearm but not a real firearm as defined in
12 s. 791.001(6), the object will qualify as a deadly weapon for
13 the purpose of any threat made with it.
14 2. Such object shall not qualify for purposes of
15 ordering a mandatory minimum sentence.
16 3. A crime enhanced by a threat with such object shall
17 be scored pursuant to the sentencing guidelines at one level
18 below where the conviction would score if the object qualified
19 under the definition in s. 791.001(6).
20 Section 2. Subsection (6) of section 790.001, Florida
21 Statutes, reads:
22 790.001 Definitions.--The following words and phrases,
23 when used in this chapter, shall, for the purposes of this
24 chapter, have the meanings respectively ascribed to them in
25 this chapter, except where the context otherwise requires:
26 (6) "Firearm" means any weapon (including a starter
27 gun) which will, is designed to, or may readily be converted
28 to expel a projectile by the action of an explosive; the frame
29 or receiver of any such weapon; any firearm muffler or firearm
30 silencer; any destructive device; or any machine gun. The
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1 term "firearm" does not include an antique firearm unless the
2 antique firearm is used in the commission of a crime.
3 Section 3. Subsection (3) is added to section 784.021,
4 Florida Statutes, to read:
5 784.021 Aggravated assault.--
6 (1) An "aggravated assault" is an assault:
7 (a) With a deadly weapon without intent to kill; or
8 (b) With an intent to commit a felony.
9 (2) Whoever commits an aggravated assault shall be
10 guilty of a felony of the third degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084.
12 (3) A "deadly weapon" includes simulated weapons if
13 the defendant intentionally implies, states, or acts in a
14 manner which would indicate to a reasonable person that a
15 deadly weapon is being carried.
16 Section 4. For the purpose of incorporating the
17 amendment to section 784.021, Florida Statutes, in references
18 thereto, the sections or subdivisions of Florida Statutes set
19 forth below are reenacted to read:
20 775.0823 Violent offenses committed against law
21 enforcement officers, correctional officers, state attorneys,
22 assistant state attorneys, justices, or judges.--Any provision
23 of law to the contrary notwithstanding, the Legislature does
24 hereby provide for an increase and certainty of penalty for
25 any person convicted of a violent offense against any law
26 enforcement or correctional officer, as defined in s.
27 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
28 attorney elected pursuant to s. 27.01 or assistant state
29 attorney appointed under s. 27.181; or against any justice or
30 judge of a court described in Art. V of the State
31 Constitution, which offense arises out of or in the scope of
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1 the officer's duty as a law enforcement or correctional
2 officer, the state attorney's or assistant state attorney's
3 duty as a prosecutor or investigator, or the justice's or
4 judge's duty as a judicial officer, as follows:
5 (10) For aggravated assault as described in s.
6 784.021, a sentence pursuant to the sentencing guidelines.
7
8 Notwithstanding the provisions of s. 948.01, with respect to
9 any person who is found to have violated this section,
10 adjudication of guilt or imposition of sentence shall not be
11 suspended, deferred, or withheld.
12 775.0877 Criminal transmission of HIV; procedures;
13 penalties.--
14 (1) In any case in which a person has been convicted
15 of or has pled nolo contendere or guilty to, regardless of
16 whether adjudication is withheld, any of the following
17 offenses, or the attempt thereof, which offense or attempted
18 offense involves the transmission of body fluids from one
19 person to another:
20 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
21 relating to aggravated assault,
22
23 the court shall order the offender to undergo HIV testing, to
24 be performed under the direction of the Department of Health
25 and Rehabilitative Services in accordance with s. 381.004,
26 unless the offender has undergone HIV testing voluntarily or
27 pursuant to procedures established in s. 381.004(3)(i)6. or s.
28 951.27, or any other applicable law or rule providing for HIV
29 testing of criminal offenders or inmates, subsequent to his
30 arrest for an offense enumerated in paragraphs (a)-(n) for
31 which he was convicted or to which he pled nolo contendere or
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1 guilty. The results of an HIV test performed on an offender
2 pursuant to this subsection are not admissible in any criminal
3 proceeding arising out of the alleged offense.
4 921.0012 Sentencing guidelines offense levels; offense
5 severity ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7 Florida Felony
8 Statute Degree Description
9
10 (f) LEVEL 6
11 316.027(1)(b) 2nd Accident involving death, failure
12 to stop; leaving scene.
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 775.0875(1) 3rd Taking firearm from law
16 enforcement officer.
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.
21 784.048(3) 3rd Aggravated stalking; credible
22 threat.
23 784.07(2)(c) 2nd Aggravated assault on law
24 enforcement officer.
25 784.08(2)(b) 2nd Aggravated assault on a person 65
26 years of age or older.
27 784.081(2) 2nd Aggravated assault on specified
28 official or employee.
29 784.082(2) 2nd Aggravated assault by detained
30 person on visitor or other
31 detainee.
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1 787.02(2) 3rd False imprisonment; restraining
2 with purpose other than those in
3 s. 787.01.
4 790.115(2)(d) 2nd Discharging firearm or weapon on
5 school property.
6 790.161(2) 2nd Make, possess, or throw
7 destructive device with intent to
8 do bodily harm or damage
9 property.
10 790.164(1) 2nd False report of deadly explosive
11 or act of arson or violence to
12 state property.
13 790.19 2nd Shooting or throwing deadly
14 missiles into dwellings, vessels,
15 or vehicles.
16 794.011(8)(a) 3rd Solicitation of minor to
17 participate in sexual activity by
18 custodial adult.
19 794.05(1) 2nd Unlawful sexual activity with
20 specified minor.
21 806.031(2) 2nd Arson resulting in great bodily
22 harm to firefighter or any other
23 person.
24 810.02(3)(c) 2nd Burglary of occupied structure;
25 unarmed; no assault or battery.
26 812.014(2)(b) 2nd Property stolen $20,000 or more,
27 but less than $100,000, grand
28 theft in 2nd degree.
29 812.13(2)(c) 2nd Robbery, no firearm or other
30 weapon (strong-arm robbery).
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1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $100 or more, but less
16 than $20,000.
17 827.03(1) 3rd Abuse of a child.
18 827.03(3)(c) 3rd Neglect of a child.
19 827.071(2)&(3) 2nd Use or induce a child in a sexual
20 performance, or promote or direct
21 such performance.
22 836.05 2nd Threats; extortion.
23 836.10 2nd Written threats to kill or do
24 bodily injury.
25 843.12 3rd Aids or assists person to escape.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29
30
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16
17 Section 5. Paragraph (c) is added to subsection (3) of
18 section 812.13, Florida Statutes, to read:
19 812.13 Robbery.--
20 (3)
21 (c) A defendant shall be deemed to have "carried" a
22 weapon, firearm, or deadly weapon if the defendant
23 intentionally implies, states, or acts in a manner which would
24 indicate to a reasonable person that a weapon, firearm, or
25 deadly weapon is being carried. In the case of a firearm, if
26 the object used was merely a simulation of a firearm but not a
27 real firearm as defined in s. 791.006(6), the conviction shall
28 be scored at one level below where it would score if the
29 firearm qualified under the definition in s. 791.001(6).
30 Section 6. For the purpose of incorporating the
31 amendment to section 812.13, Florida Statutes, in references
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1 thereto, the sections or subdivisions of Florida Statutes set
2 forth below are reenacted to read:
3 921.0012 Sentencing guidelines offense levels; offense
4 severity ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6 Florida Felony
7 Statute Degree Description
8
9 (h) LEVEL 8
10 316.193
11 (3)(c)3.a. 2nd DUI manslaughter.
12 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
13 777.03(2)(a) 1st Accessory after the fact, capital
14 felony.
15 782.04(4) 2nd Killing of human without design
16 when engaged in act or attempt of
17 any felony other than arson,
18 sexual battery, robbery,
19 burglary, kidnapping, aircraft
20 piracy, or unlawfully discharging
21 bomb.
22 782.071(2) 2nd Committing vehicular homicide and
23 failing to render aid or give
24 information.
25 782.072(2) 2nd Committing vessel homicide and
26 failing to render aid or give
27 information.
28 790.161(3) 1st Discharging a destructive device
29 which results in bodily harm or
30 property damage.
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1 794.011(5) 2nd Sexual battery, victim 12 years
2 or over, offender does not use
3 physical force likely to cause
4 serious injury.
5 806.01(1) 1st Maliciously damage dwelling or
6 structure by fire or explosive,
7 believing person in structure.
8 810.02(2)(a) 1st,PBL Burglary with assault or battery.
9 810.02(2)(b) 1st,PBL Burglary; armed with explosives
10 or dangerous weapon.
11 810.02(2)(c) 1st Burglary of a dwelling or
12 structure causing structural
13 damage or $1,000 or more property
14 damage.
15 812.13(2)(b) 1st Robbery with a weapon.
16 812.135(2) 1st Home-invasion robbery.
17 825.102(2) 2nd Aggravated abuse of an elderly
18 person or disabled adult.
19 825.103(2)(a) 1st Exploiting an elderly person or
20 disabled adult and property is
21 valued at $100,000 or more.
22 827.03(2) 2nd Aggravated child abuse.
23 860.121(2)(c) 1st Shooting at or throwing any
24 object in path of railroad
25 vehicle resulting in great bodily
26 harm.
27 860.16 1st Aircraft piracy.
28 893.13(1)(b) 1st Sell or deliver in excess of 10
29 grams of any substance specified
30 in s. 893.03(1)(a) or (b).
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1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135(1)(d)2. 1st Trafficking in phencyclidine,
18 more than 200 grams, less than
19 400 grams.
20 893.135(1)(e)2. 1st Trafficking in methaqualone, more
21 than 5 kilograms, less than 25
22 kilograms.
23 893.135(1)(f)2. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 895.03(1) 1st Use or invest proceeds derived
27 from pattern of racketeering
28 activity.
29
30
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1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8
9 (i) LEVEL 9
10 316.193
11 (3)(c)3.b. 1st DUI manslaughter; failing to
12 render aid or give information.
13 782.04(1) 1st Attempt, conspire, or solicit to
14 commit premeditated murder.
15 782.04(3) 1st,PBL Accomplice to murder in
16 connection with arson, sexual
17 battery, robbery, burglary, and
18 other specified felonies.
19 782.07(2) 1st Aggravated manslaughter of an
20 elderly person or disabled adult.
21 782.07(3) 1st Aggravated manslaughter of a
22 child.
23 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
24 reward or as a shield or hostage.
25 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
26 or facilitate commission of any
27 felony.
28 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
29 interfere with performance of any
30 governmental or political
31 function.
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 child abuse, sexual battery,
4 lewd, or lascivious act, etc.
5 790.161 1st Attempted capital destructive
6 device offense.
7 794.011(2) 1st Attempted sexual battery; victim
8 less than 12 years of age.
9 794.011(2) Life Sexual battery; offender younger
10 than 18 years and commits sexual
11 battery on a person less than 12
12 years.
13 794.011(4) 1st Sexual battery; victim 12 years
14 or older, certain circumstances.
15 794.011(8)(b) 1st Sexual battery; engage in sexual
16 conduct with minor 12 to 18 years
17 by person in familial or
18 custodial authority.
19 812.13(2)(a) 1st,PBL Robbery with firearm or other
20 deadly weapon.
21 812.133(2)(a) 1st,PBL Carjacking; firearm or other
22 deadly weapon.
23 847.0145(1) 1st Selling, or otherwise
24 transferring custody or control,
25 of a minor.
26 847.0145(2) 1st Purchasing, or otherwise
27 obtaining custody or control, of
28 a minor.
29 859.01 1st Poisoning food, drink, medicine,
30 or water with intent to kill or
31 injure another person.
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1 893.135 1st Attempted capital trafficking
2 offense.
3 893.135(1)(a)3. 1st Trafficking in cannabis, more
4 than 10,000 lbs.
5 893.135
6 (1)(b)1.c. 1st Trafficking in cocaine, more than
7 400 grams, less than 150
8 kilograms.
9 893.135
10 (1)(c)1.c. 1st Trafficking in illegal drugs,
11 more than 28 grams, less than 30
12 kilograms.
13 893.135
14 (1)(d)3. 1st Trafficking in phencyclidine,
15 more than 400 grams.
16 893.135
17 (1)(e)3. 1st Trafficking in methaqualone, more
18 than 25 kilograms.
19 893.135
20 (1)(f)3. 1st Trafficking in amphetamine, more
21 than 200 grams.
22
23 Section 7. Paragraph (c) is added to subsection (3) of
24 section 812.133, Florida Statutes, to read:
25 812.133 Carjacking.--
26 (3)
27 (c) A defendant shall be deemed to have "carried" a
28 weapon, firearm, or deadly weapon if the defendant
29 intentionally implies, states, or acts in a manner which would
30 indicate to a reasonable person that a weapon, firearm, or
31 deadly weapon is being carried. In the case of a firearm, if
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1 the object used was merely a simulation of a firearm but not a
2 real firearm as defined in s. 791.006(6), the conviction shall
3 be scored at one level below where it would score if the
4 firearm qualified under the definition in s. 791.001(6).
5 Section 8. For the purpose of incorporating the
6 amendment to section 812.133, Florida Statutes, in references
7 thereto, the sections or subdivisions of Florida Statutes set
8 forth below are reenacted to read:
9 39.052 Hearings.--
10 (3) TRANSFER OF A CHILD FOR PROSECUTION AS AN ADULT.--
11 (a)1. The court shall transfer and certify a child's
12 criminal case for trial as an adult if the child is alleged to
13 have committed a violation of law and, prior to the
14 commencement of an adjudicatory hearing, the child, joined by
15 a parent or, in the absence of a parent, by the guardian or
16 guardian ad litem, demands in writing to be tried as an adult.
17 Once a child has been transferred for criminal prosecution
18 pursuant to a voluntary waiver hearing and has been found to
19 have committed the presenting offense or a lesser included
20 offense, the child shall be handled thereafter in every
21 respect as an adult for any subsequent violation of state law,
22 unless the court imposes juvenile sanctions under s.
23 39.059(4)(b) or (c).
24 2.a. The state attorney may file a motion requesting
25 the court to transfer the child for criminal prosecution if
26 the child was 14 years of age or older at the time the alleged
27 delinquent act or violation of law was committed. If the child
28 has been previously adjudicated delinquent for murder, sexual
29 battery, armed or strong-armed robbery, carjacking,
30 home-invasion robbery, aggravated battery, or aggravated
31 assault, and is currently charged with a second or subsequent
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1 violent crime against a person, the state attorney shall file
2 a motion requesting the court to transfer and certify the
3 juvenile for prosecution as an adult, or proceed pursuant to
4 subparagraph 5.
5 b. If the child was 14 years of age or older at the
6 time of commission of a fourth or subsequent alleged felony
7 offense and the child was previously adjudicated delinquent or
8 had adjudication withheld for or was found to have committed,
9 or to have attempted or conspired to commit, three offenses
10 that are felony offenses if committed by an adult, and one or
11 more of such felony offenses involved the use or possession of
12 a firearm or violence against a person, the state attorney
13 shall request the court to transfer and certify the child for
14 prosecution as an adult or shall provide written reasons to
15 the court for not making such request, or proceed pursuant to
16 subparagraph 5. Upon the state attorney's request, the court
17 shall either enter an order transferring the case and
18 certifying the case for trial as if the child were an adult or
19 provide written reasons for not issuing such an order.
20 3. If the court finds, after a waiver hearing under
21 subsection (2), that a juvenile who was 14 years of age or
22 older at the time the alleged violation of state law was
23 committed should be charged and tried as an adult, the court
24 shall enter an order transferring the case and certifying the
25 case for trial as if the child were an adult. The child shall
26 thereafter be subject to prosecution, trial, and sentencing as
27 if the child were an adult but subject to the provisions of s.
28 39.059(7). Once a child has been transferred for criminal
29 prosecution pursuant to an involuntary waiver hearing and has
30 been found to have committed the presenting offense or a
31 lesser included offense, the child shall thereafter be handled
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1 in every respect as an adult for any subsequent violation of
2 state law, unless the court imposes juvenile sanctions under
3 s. 39.059(4)(b) or (c).
4 4.a. A child of any age who is charged with a
5 violation of state law punishable by death or by life
6 imprisonment is subject to the jurisdiction of the court as
7 set forth in s. 39.049(7) unless and until an indictment on
8 the charge is returned by the grand jury. When such indictment
9 is returned, the petition for delinquency, if any, must be
10 dismissed and the child must be tried and handled in every
11 respect as an adult:
12 (I) On the offense punishable by death or by life
13 imprisonment; and
14 (II) On all other felonies or misdemeanors charged in
15 the indictment which are based on the same act or transaction
16 as the offense punishable by death or by life imprisonment or
17 on one or more acts or transactions connected with the offense
18 punishable by death or by life imprisonment.
19 b. An adjudicatory hearing may not be held until 21
20 days after the child is taken into custody and charged with
21 having committed an offense punishable by death or by life
22 imprisonment, unless the state attorney advises the court in
23 writing that he or she does not intend to present the case to
24 the grand jury, or has presented the case to the grand jury
25 and the grand jury has not returned an indictment. If the
26 court receives such a notice from the state attorney, or if
27 the grand jury fails to act within the 21-day period, the
28 court may proceed as otherwise authorized under this part.
29 c. If the child is found to have committed the offense
30 punishable by death or by life imprisonment, the child shall
31 be sentenced as an adult. If the juvenile is not found to have
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1 committed the indictable offense but is found to have
2 committed a lesser included offense or any other offense for
3 which he or she was indicted as a part of the criminal
4 episode, the court may sentence as follows:
5 (I) Pursuant to s. 39.059;
6 (II) Pursuant to chapter 958, notwithstanding any
7 other provisions of that chapter to the contrary; or
8 (III) As an adult, pursuant to s. 39.059(7)(c).
9 d. Once a child has been indicted pursuant to this
10 subsection and has been found to have committed any offense
11 for which he or she was indicted as a part of the criminal
12 episode, the child shall be handled thereafter in every
13 respect as if an adult for any subsequent violation of state
14 law, unless the court imposes juvenile sanctions under s.
15 39.059.
16 5.a. Effective January 1, 1995, with respect to any
17 child who was 14 or 15 years of age at the time the alleged
18 offense was committed, the state attorney may file an
19 information when in the state attorney's judgment and
20 discretion the public interest requires that adult sanctions
21 be considered or imposed and when the offense charged is:
22 (I) Arson;
23 (II) Sexual battery;
24 (III) Robbery;
25 (IV) Kidnapping;
26 (V) Aggravated child abuse;
27 (VI) Aggravated assault;
28 (VII) Aggravated stalking;
29 (VIII) Murder;
30 (IX) Manslaughter;
31
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1 (X) Unlawful throwing, placing, or discharging of a
2 destructive device or bomb;
3 (XI) Armed burglary in violation of s. 810.02(2)(b) or
4 specified burglary of a dwelling or structure in violation of
5 s. 810.02(2)(c);
6 (XII) Aggravated battery;
7 (XIII) Lewd or lascivious assault or act in the
8 presence of a child;
9 (XIV) Carrying, displaying, using, threatening, or
10 attempting to use a weapon or firearm during the commission of
11 a felony; or
12 (XV) Grand theft in violation of s. 812.014(2)(a).
13 b. With respect to any child who was 16 or 17 years of
14 age at the time the alleged offense was committed, the state
15 attorney:
16 (I) May file an information when in the state
17 attorney's judgment and discretion the public interest
18 requires that adult sanctions be considered or imposed.
19 However, the state attorney may not file an information on a
20 child charged with a misdemeanor, unless the child has had at
21 least two previous adjudications or adjudications withheld for
22 delinquent acts, one of which involved an offense classified
23 as a felony under state law.
24 (II) Shall file an information if the child has been
25 previously adjudicated delinquent for murder, sexual battery,
26 armed or strong-armed robbery, carjacking, home-invasion
27 robbery, aggravated battery, or aggravated assault, and is
28 currently charged with a second or subsequent violent crime
29 against a person.
30 c. Effective January 1, 1995, notwithstanding
31 subparagraphs 1. and 2., regardless of the child's age at the
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1 time the alleged offense was committed, the state attorney
2 must file an information with respect to any child who
3 previously has been adjudicated for offenses which, if
4 committed by an adult, would be felonies and such
5 adjudications occurred at three or more separate delinquency
6 adjudicatory hearings, and three of which resulted in
7 residential commitments as defined in s. 39.01(59).
8 d. Once a child has been transferred for criminal
9 prosecution pursuant to information and has been found to have
10 committed the presenting offense or a lesser included offense,
11 the child shall be handled thereafter in every respect as if
12 an adult for any subsequent violation of state law, unless the
13 court imposes juvenile sanctions under s. 39.059(6).
14 e. Each state attorney shall develop and annually
15 update written policies and guidelines to govern
16 determinations for filing an information on a juvenile, to be
17 submitted to the Executive Office of the Governor, the
18 President of the Senate, the Speaker of the House of
19 Representatives, and the Juvenile Justice Advisory Board not
20 later than January 1 of each year.
21 f. The state attorney must file an information if a
22 child, regardless of the child's age at the time the alleged
23 offense was committed, is alleged to have committed an act
24 that would be a violation of law if the child were an adult,
25 that involves stealing a motor vehicle, including, but not
26 limited to, a violation of s. 812.133, relating to carjacking,
27 or s. 812.014(2)(c)6., relating to grand theft of a motor
28 vehicle, and while the child was in possession of the stolen
29 motor vehicle the child caused serious bodily injury to or the
30 death of a person who was not involved in the underlying
31 offense. For purposes of this section, the driver and all
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1 willing passengers in the stolen motor vehicle at the time
2 such serious bodily injury or death is inflicted shall also be
3 subject to mandatory transfer to adult court. "Stolen motor
4 vehicle," for the purposes of this section, means a motor
5 vehicle that has been the subject of any criminal wrongful
6 taking. For purposes of this section, "willing passengers"
7 means all willing passengers who have participated in the
8 underlying offense.
9 921.0012 Sentencing guidelines offense levels; offense
10 severity ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12 Florida Felony
13 Statute Degree Description
14
15
16 (i) LEVEL 9
17 316.193
18 (3)(c)3.b. 1st DUI manslaughter; failing to
19 render aid or give information.
20 782.04(1) 1st Attempt, conspire, or solicit to
21 commit premeditated murder.
22 782.04(3) 1st,PBL Accomplice to murder in
23 connection with arson, sexual
24 battery, robbery, burglary, and
25 other specified felonies.
26 782.07(2) 1st Aggravated manslaughter of an
27 elderly person or disabled adult.
28 782.07(3) 1st Aggravated manslaughter of a
29 child.
30 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
31 reward or as a shield or hostage.
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1 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
2 or facilitate commission of any
3 felony.
4 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
5 interfere with performance of any
6 governmental or political
7 function.
8 787.02(3)(a) 1st False imprisonment; child under
9 age 13; perpetrator also commits
10 child abuse, sexual battery,
11 lewd, or lascivious act, etc.
12 790.161 1st Attempted capital destructive
13 device offense.
14 794.011(2) 1st Attempted sexual battery; victim
15 less than 12 years of age.
16 794.011(2) Life Sexual battery; offender younger
17 than 18 years and commits sexual
18 battery on a person less than 12
19 years.
20 794.011(4) 1st Sexual battery; victim 12 years
21 or older, certain circumstances.
22 794.011(8)(b) 1st Sexual battery; engage in sexual
23 conduct with minor 12 to 18 years
24 by person in familial or
25 custodial authority.
26 812.13(2)(a) 1st,PBL Robbery with firearm or other
27 deadly weapon.
28 812.133(2)(a) 1st,PBL Carjacking; firearm or other
29 deadly weapon.
30
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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 food, drink, medicine,
8 or water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)3. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)3. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)3. 1st Trafficking in amphetamine, more
30 than 200 grams.
31
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1 943.325 Blood specimen testing for DNA analysis.--
2 (1)(a) Any person convicted, or who was previously
3 convicted and is still incarcerated, in this state for any
4 offense or attempted offense defined in chapter 794, chapter
5 800, s. 782.04, s. 784.045, s. 812.133, or s. 812.135, and who
6 is within the confines of the legal state boundaries, shall be
7 required to submit two specimens of blood to a Department of
8 Law Enforcement designated testing facility as directed by the
9 department.
10 Section 9. This act shall take effect October 1, 1997,
11 and shall apply to offenses committed on or after that date.
12
13 *****************************************
14 HOUSE SUMMARY
15
Provides for enhanced penalties for threatening to use a
16 firearm regardless of actual possession, under specified
circumstances indicative to a reasonable person of
17 firearm possession. Provides for enhanced penalties
except mandatory minimum sentence under specified
18 circumstances when the object used to threaten is a
simulation of a firearm. Provides for sentencing
19 guidelines scoring of certain offenses involving threats
with such objects. Provides that, for purposes of
20 aggravated assault involving assault with a deadly weapon
without intent to kill, the term "deadly weapon" includes
21 simulated weapons, under specified circumstances
indicative to a reasonable person that a deadly weapon is
22 being carried. Provides penalties. Provides that a
robbery or carjacking defendant shall be deemed to have
23 carried a weapon, firearm, or deadly weapon under
specified circumstances indicative to a reasonable person
24 that the respective weapon is being carried. Provides
penalties. Provides for sentencing guidelines scoring of
25 certain robbery offenses involving simulation of firearms
or carjacking offenses.
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