House Bill 0425
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 425
By Representative Sanderson
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; amending s.
10 921.0022, F.S.; providing for ranking of
11 robbery by sudden snatching within the level 5
12 category of the offense severity ranking chart;
13 providing an effective date.
14
15 WHEREAS, the Legislature finds that it is in the best
16 interest of the citizens of this state not to require that
17 victims of theft or larceny by sudden snatching resist the
18 efforts of their assailant in order to establish the offense
19 of robbery, and
20 WHEREAS, the Legislature finds that it is in the best
21 interest of the citizens of this state to broaden the category
22 of offenses punishable as robbery to include the taking of
23 money or property by sudden snatching from another's person or
24 custody when there is no resistance offered by the victim,
25 NOW, THEREFORE,
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 812.13, Florida Statutes, is
30 amended to read:
31 812.13 Robbery.--
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1 (1)(a) "Robbery" means the taking of money or other
2 property which may be the subject of larceny from the person
3 or custody of another, with intent to either permanently or
4 temporarily deprive the person or the owner of the money or
5 other property, when in the course of the taking there is the
6 use of force, a sudden snatching, violence, assault, or
7 putting in fear.
8 (b) "Sudden snatching" means taking possession of
9 money or other property from the victim, when the victim was
10 aware of the taking. In order to satisfy this definition, it
11 is not necessary to show that:
12 1. The offender used any amount of force beyond that
13 effort necessary to obtain possession of the money or other
14 property; or
15 2. There was any resistance offered by the victim to
16 the offender or injury to the victim's person.
17 (2)(a) If in the course of committing the robbery the
18 offender carried a firearm or other deadly weapon, then the
19 robbery is a felony of the first degree, punishable by
20 imprisonment for a term of years not exceeding life
21 imprisonment or as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 (b) If in the course of committing the robbery the
24 offender carried a weapon, then the robbery is a felony of the
25 first degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084, except in the case of robbery by
27 sudden snatching, as provided in paragraph (c).
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, except
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Florida House of Representatives - 1999 HB 425
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1 in the case of robbery by sudden snatching. If the robbery
2 committed was by sudden snatching and no firearm or other
3 deadly weapon was carried, then the robbery is a felony of the
4 third degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 (3)(a) An act shall be deemed "in the course of
7 committing the robbery" if it occurs in an attempt to commit
8 robbery or in flight after the attempt or commission.
9 (b) An act shall be deemed "in the course of the
10 taking" if it occurs either prior to, contemporaneous with, or
11 subsequent to the taking of the property and if it and the act
12 of taking constitute a continuous series of acts or events.
13 Section 2. Paragraph (e) of subsection (3) of section
14 921.0022, Florida Statutes, 1998 Supplement, is amended to
15 read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
19
20 Florida Felony
21 Statute Degree Description
22
23
24 (e) LEVEL 5
25 316.027(1)(a) 3rd Accidents involving personal
26 injuries, failure to stop;
27 leaving scene.
28 316.1935(4) 2nd Aggravated fleeing or eluding.
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1 322.34(3) 3rd Careless operation of motor
2 vehicle with suspended license,
3 resulting in death or serious
4 bodily injury.
5 327.30(5) 3rd Vessel accidents involving
6 personal injury; leaving scene.
7 381.0041(11)(b) 3rd Donate blood, plasma, or organs
8 knowing HIV positive.
9 790.01(2) 3rd Carrying a concealed firearm.
10 790.162 2nd Threat to throw or discharge
11 destructive device.
12 790.163 2nd False report of deadly explosive.
13 790.165(2) 3rd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.221(1) 2nd Possession of short-barreled
16 shotgun or machine gun.
17 790.23 2nd Felons in possession of firearms
18 or electronic weapons or devices.
19 806.111(1) 3rd Possess, manufacture, or dispense
20 fire bomb with intent to damage
21 any structure or property.
22 812.019(1) 2nd Stolen property; dealing in or
23 trafficking in.
24 812.13(2)(c) 3rd Robbery by sudden snatching.
25 812.16(2) 3rd Owning, operating, or conducting
26 a chop shop.
27 817.034(4)(a)2. 2nd Communications fraud, value
28 $20,000 to $50,000.
29 825.1025(4) 3rd Lewd or lascivious exhibition in
30 the presence of an elderly person
31 or disabled adult.
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1 827.071(4) 2nd Possess with intent to promote
2 any photographic material, motion
3 picture, etc., which includes
4 sexual conduct by a child.
5 843.01 3rd Resist officer with violence to
6 person; resist arrest with
7 violence.
8 874.05(2) 2nd Encouraging or recruiting another
9 to join a criminal street gang;
10 second or subsequent offense.
11 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
12 cocaine (or other s.
13 893.03(1)(a), (1)(b), (1)(d),
14 (2)(a), or (2)(b) drugs).
15 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
16 cannabis (or other s.
17 893.03(1)(c), (2)(c), (3), or (4)
18 drugs) within 1,000 feet of a
19 child care facility or school.
20 893.13(1)(d)1. 1st Sell, manufacture, or deliver
21 cocaine (or other s.
22 893.03(1)(a), (1)(b), (1)(d),
23 (2)(a), or (2)(b) drugs) within
24 200 feet of university or public
25 park.
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1 893.13(1)(e) 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c),
4 (3), or (4) within 1,000 feet of
5 property used for religious
6 services or a specified business
7 site.
8 893.13(1)(f)1. 1st Sell, manufacture, or deliver
9 cocaine (or other s.
10 893.03(1)(a), (1)(b), (1)(d), or
11 (2)(a), or (2)(b) drugs) within
12 200 feet of public housing
13 facility.
14 893.13(4)(b) 2nd Deliver to minor cannabis (or
15 other s. 893.03(1)(c), (2)(c),
16 (3), or (4) drugs).
17 Section 3. This act shall take effect October 1, 1999.
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20 HOUSE SUMMARY
21
Redefines the offense of robbery to include robbery by
22 sudden snatching. Provides for reclassification of the
offense to a higher degree under specified circumstances
23 when the offender carried a firearm or other deadly
weapon. Provides for ranking of the third degree felony
24 offense of robbery by sudden snatching within the level 5
category of the Criminal Punishment Code offense severity
25 ranking chart.
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