House Bill 2061
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Florida House of Representatives - 1999 HB 2061
By Representative Kelly
1 A bill to be entitled
2 An act relating to home-invasion robbery;
3 amending s. 812.135, F.S.; providing additional
4 offense classifications and revising the
5 penalties for home-invasion robbery; providing
6 that it is a life felony to commit a
7 home-invasion robbery in the course of which a
8 firearm or other deadly weapon is carried;
9 providing that it is a first degree felony
10 punishable for a term of imprisonment not
11 exceeding life to commit a home-invasion
12 robbery in the course of which a weapon is
13 carried; providing that it is a first degree
14 felony to commit a home-invasion robbery in the
15 course of which no firearm, deadly weapon, or
16 other weapon is carried; providing penalties;
17 specifying a minimum term of imprisonment;
18 amending s. 775.087, F.S., to conform;
19 reenacting s. 943.325(1)(a), F.S., relating to
20 blood specimen testing for DNA analysis, to
21 incorporate said amendment in a reference;
22 amending s. 921.0022, F.S., relating to the
23 Criminal Punishment Code offense severity
24 ranking chart, to conform; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 812.135, Florida Statutes, is
30 amended to read:
31 812.135 Home-invasion robbery.--
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Florida House of Representatives - 1999 HB 2061
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1 (1) "Home-invasion robbery" means any robbery that
2 occurs when the offender enters a dwelling with the intent to
3 commit a robbery, and does commit a robbery of the occupants
4 therein.
5 (2)(a) If in the course of committing the
6 home-invasion robbery the person carried a firearm or other
7 deadly weapon, the person commits a life felony, punishable as
8 provided in s. 775.082, s. 775.083, or s. 775.084.
9 (b) If in the course of committing the home-invasion
10 robbery the person carried a weapon, the person commits a
11 felony of the first degree, punishable by imprisonment for a
12 term of years not exceeding life imprisonment or as provided
13 in s. 775.082, s. 775.083, or s. 775.084.
14 (c) If in the course of committing the home-invasion
15 robbery the person carried no firearm, deadly weapon, or other
16 weapon, the person commits a felony of the first degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084
19
20 The minimum term of imprisonment for any conviction of
21 home-invasion robbery shall be 10 years. A person who commits
22 a home-invasion robbery is guilty of a felony of the first
23 degree, punishable as provided in s. 775.082, s. 775.083, or
24 s. 775.084.
25 Section 2. Paragraphs (n), (o), and (p) of subsection
26 (2) and paragraph (a) of subsection (3) of section 775.087,
27 Florida Statutes, are amended to read:
28 775.087 Possession or use of weapon; aggravated
29 battery; felony reclassification; minimum sentence.--
30 (2) Any person who is convicted of a felony or an
31 attempt to commit a felony and the conviction was for:
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Florida House of Representatives - 1999 HB 2061
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1 (n) Carjacking; or
2 (o) Home-invasion robbery; or
3 (o)(p) Aggravated stalking
4
5 and during the commission of the offense, such person
6 possessed a "firearm" or "destructive device" as those terms
7 are defined in s. 790.001, shall be sentenced to a minimum
8 term of imprisonment of 3 years. Notwithstanding s. 948.01,
9 adjudication of guilt or imposition of sentence shall not be
10 suspended, deferred, or withheld, and the defendant is not
11 eligible for statutory gain-time under s. 944.275 or any form
12 of discretionary early release, other than pardon or executive
13 clemency, or conditional medical release under s. 947.149,
14 prior to serving the minimum sentence.
15 (3)(a) Any person who is convicted of a felony or an
16 attempt to commit a felony and the conviction was for:
17 1. Murder;
18 2. Sexual battery;
19 3. Robbery;
20 4. Burglary;
21 5. Arson;
22 6. Aggravated assault;
23 7. Aggravated battery;
24 8. Kidnapping;
25 9. Escape;
26 10. Sale, manufacture, delivery, or intent to sell,
27 manufacture, or deliver any controlled substance;
28 11. Aircraft piracy;
29 12. Aggravated child abuse;
30 13. Aggravated abuse of an elderly person or disabled
31 adult;
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1 14. Unlawful throwing, placing, or discharging of a
2 destructive device or bomb;
3 15. Carjacking; or
4 16. Home-invasion robbery; or
5 16.17. Aggravated stalking
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7 and during the commission of the offense, such person
8 possessed a semiautomatic firearm and its high-capacity
9 detachable box magazine or a machine gun as defined in s.
10 790.001, shall be sentenced to a minimum term of imprisonment
11 of 8 years. Notwithstanding s. 948.01, adjudication of guilt
12 or imposition of sentence shall not be suspended, deferred, or
13 withheld, and the defendant is not eligible for statutory
14 gain-time under s. 944.275 or any form of discretionary early
15 release, other than pardon or executive clemency, or
16 conditional medical release under s. 947.149, prior to serving
17 the minimum sentence.
18 Section 3. For the purpose of incorporating the
19 amendment to section 812.135, Florida Statutes, in a reference
20 thereto, paragraph (a) of subsection (1) of section 943.325,
21 Florida Statutes, 1998 Supplement, is reenacted to read:
22 943.325 Blood specimen testing for DNA analysis.--
23 (1)(a) Any person convicted, or who was previously
24 convicted and is still incarcerated, in this state for any
25 offense or attempted offense defined in chapter 794, chapter
26 800, s. 782.04, s. 784.045, s. 812.133, or s. 812.135, and who
27 is within the confines of the legal state boundaries, shall be
28 required to submit two specimens of blood to a Department of
29 Law Enforcement designated testing facility as directed by the
30 department.
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1 Section 4. Paragraph (h) of subsection (3) of section
2 921.0022, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 921.0022 Criminal Punishment Code; offense severity
5 ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7
8 Florida Felony
9 Statute Degree Description
10
11 (h) LEVEL 8
12 316.193
13 (3)(c)3.a. 2nd DUI manslaughter.
14 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
15 777.03(2)(a) 1st Accessory after the fact, capital
16 felony.
17 782.04(4) 2nd Killing of human without design
18 when engaged in act or attempt of
19 any felony other than arson,
20 sexual battery, robbery,
21 burglary, kidnapping, aircraft
22 piracy, or unlawfully discharging
23 bomb.
24 782.051(2) 1st Attempted felony murder while
25 perpetrating or attempting to
26 perpetrate a felony not
27 enumerated in s. 782.04(3).
28 782.071(2) 2nd Committing vehicular homicide and
29 failing to render aid or give
30 information.
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1 782.072(2) 2nd 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.
11 806.01(1) 1st Maliciously damage dwelling or
12 structure by fire or explosive,
13 believing person in structure.
14 810.02(2)(a) 1st,PBL Burglary with assault or battery.
15 810.02(2)(b) 1st,PBL Burglary; armed with explosives
16 or dangerous weapon.
17 810.02(2)(c) 1st Burglary of a dwelling or
18 structure causing structural
19 damage or $1,000 or more property
20 damage.
21 812.13(2)(b) 1st Robbery with a weapon.
22 812.135(2)(c) 1st Home-invasion robbery, no
23 firearm, deadly weapon, or other
24 weapon.
25 825.102(2) 2nd Aggravated abuse of an elderly
26 person or disabled adult.
27 825.103(2)(a) 1st Exploiting an elderly person or
28 disabled adult and property is
29 valued at $100,000 or more.
30 827.03(2) 2nd Aggravated child abuse.
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1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
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 House of Representatives - 1999 HB 2061
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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.
17 895.03(1) 1st Use or invest proceeds derived
18 from pattern of racketeering
19 activity.
20 895.03(2) 1st Acquire or maintain through
21 racketeering activity any
22 interest in or control of any
23 enterprise or real property.
24 895.03(3) 1st Conduct or participate in any
25 enterprise through pattern of
26 racketeering activity.
27 Section 5. This act shall take effect October 1, 1999.
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2 HOUSE SUMMARY
3
Provides additional offense classifications and revises
4 the penalties for home-invasion robbery. Provides that it
is a life felony to commit a home-invasion robbery in the
5 course of which a firearm or other deadly weapon is
carried. Provides that it is a first degree felony
6 punishable for a term of imprisonment not exceeding life
to commit a home-invasion robbery in the course of which
7 a weapon is carried. Provides that it is a first degree
felony to commit a home-invasion robbery in the course of
8 which no firearm, deadly weapon, or other weapon is
carried. Provides penalties. Specifies a minimum 10-year
9 term of imprisonment for conviction of home-invasion
robbery. Revises the Criminal Punishment Code offense
10 severity ranking chart, to conform.
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