House Bill 0425er
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1999 Legislature CS/HB 425, First Engrossed
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2 An act relating to robbery by sudden snatching;
3 creating s. 812.131, F.S.; defining the offense
4 of robbery by sudden snatching; providing
5 penalties for robbery by sudden snatching;
6 providing construction; amending s. 921.0022,
7 F.S.; providing for ranking robbery by sudden
8 snatching within levels 5 and 7 categories of
9 the offense severity ranking chart; providing
10 an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 812.131, Florida Statutes, is
15 created to read:
16 812.131 Robbery by sudden snatching.--
17 (1)(a) "Robbery by sudden snatching" means the taking
18 of money or other property from the victim's person, with
19 intent to permanently or temporarily deprive the victim or the
20 owner of the money or other property, when, in the course of
21 the taking, the victim was or became aware of the taking. In
22 order to satisfy this definition, it is not necessary to show
23 that:
24 1. The offender used any amount of force beyond that
25 effort necessary to obtain possession of the money or other
26 property; or
27 2. There was any resistance offered by the victim to
28 the offender or that there was injury to the victim's person.
29 (2)(a) If, in the course of committing a robbery by
30 sudden snatching, the offender carried a firearm or other
31 deadly weapon, the robbery by sudden snatching is a felony of
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1 the second degree, punishable as provided in s. 775.082, s.
2 775.083, or s. 775.084.
3 (b) If, in the course of committing a robbery by
4 sudden snatching, the offender carried no firearm or other
5 deadly weapon, the robbery by sudden snatching is a felony of
6 the third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 (3)(a) An act shall be deemed "in the course of
9 committing a robbery by sudden snatching" if the act occurs in
10 an attempt to commit robbery by sudden snatching or in fleeing
11 after the attempt or commission.
12 (b) An act shall be deemed "in the course of the
13 taking" if the act occurs prior to, contemporaneous with, or
14 subsequent to the taking of the property and if such act and
15 the act of taking constitute a continuous series of acts or
16 events.
17 Section 2. Paragraphs (e) and (g) of subsection (3) of
18 section 921.0022, Florida Statutes, 1998 Supplement, are
19 amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
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24 Florida Felony
25 Statute Degree Description
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28 (e) LEVEL 5
29 316.027(1)(a) 3rd Accidents involving personal
30 injuries, failure to stop;
31 leaving scene.
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1999 Legislature CS/HB 425, First Engrossed
1 316.1935(4) 2nd Aggravated fleeing or eluding.
2 322.34(3) 3rd Careless operation of motor
3 vehicle with suspended license,
4 resulting in death or serious
5 bodily injury.
6 327.30(5) 3rd Vessel accidents involving
7 personal injury; leaving scene.
8 381.0041(11)(b) 3rd Donate blood, plasma, or organs
9 knowing HIV positive.
10 790.01(2) 3rd Carrying a concealed firearm.
11 790.162 2nd Threat to throw or discharge
12 destructive device.
13 790.163 2nd False report of deadly explosive.
14 790.165(2) 3rd Manufacture, sell, possess, or
15 deliver hoax bomb.
16 790.221(1) 2nd Possession of short-barreled
17 shotgun or machine gun.
18 790.23 2nd Felons in possession of firearms
19 or electronic weapons or devices.
20 806.111(1) 3rd Possess, manufacture, or dispense
21 fire bomb with intent to damage
22 any structure or property.
23 812.019(1) 2nd Stolen property; dealing in or
24 trafficking in.
25 812.131(2)(b) 3rd Robbery by sudden snatching.
26 812.16(2) 3rd Owning, operating, or conducting
27 a chop shop.
28 817.034(4)(a)2. 2nd Communications fraud, value
29 $20,000 to $50,000.
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1 825.1025(4) 3rd Lewd or lascivious exhibition in
2 the presence of an elderly person
3 or disabled adult.
4 827.071(4) 2nd Possess with intent to promote
5 any photographic material, motion
6 picture, etc., which includes
7 sexual conduct by a child.
8 843.01 3rd Resist officer with violence to
9 person; resist arrest with
10 violence.
11 874.05(2) 2nd Encouraging or recruiting another
12 to join a criminal street gang;
13 second or subsequent offense.
14 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), or (2)(b) drugs).
18 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
19 cannabis (or other s.
20 893.03(1)(c), (2)(c), (3), or (4)
21 drugs) within 1,000 feet of a
22 child care facility or school.
23 893.13(1)(d)1. 1st Sell, manufacture, or deliver
24 cocaine (or other s.
25 893.03(1)(a), (1)(b), (1)(d),
26 (2)(a), or (2)(b) drugs) within
27 200 feet of university or public
28 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 (g) LEVEL 7
18 316.193(3)(c)2. 3rd DUI resulting in serious bodily
19 injury.
20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
21 bodily injury.
22 409.920(2) 3rd Medicaid provider fraud.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 3rd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 3rd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.08(2)(a) 1st Aggravated battery on a person 65
29 years of age or older.
30 784.081(1) 1st Aggravated battery on specified
31 official or employee.
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1 784.082(1) 1st Aggravated battery by detained
2 person on visitor or other
3 detainee.
4 784.083(1) 1st Aggravated battery on code
5 inspector.
6 790.07(4) 1st Specified weapons violation
7 subsequent to previous conviction
8 of s. 790.07(1) or (2).
9 790.16(1) 1st Discharge of a machine gun under
10 specified circumstances.
11 796.03 2nd Procuring any person under 16
12 years for prostitution.
13 800.04 2nd Handle, fondle, or assault child
14 under 16 years in lewd,
15 lascivious, or indecent manner.
16 806.01(2) 2nd Maliciously damage structure by
17 fire or explosive.
18 810.02(3)(a) 2nd Burglary of occupied dwelling;
19 unarmed; no assault or battery.
20 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(d) 2nd Burglary of occupied conveyance;
23 unarmed; no assault or battery.
24 812.014(2)(a) 1st Property stolen, valued at
25 $100,000 or more; property stolen
26 while causing other property
27 damage; 1st degree grand theft.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
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1 812.131(2)(a) 2nd Robbery by sudden snatching.
2 812.133(2)(b) 1st Carjacking; no firearm, deadly
3 weapon, or other weapon.
4 825.102(3)(b) 2nd Neglecting an elderly person or
5 disabled adult causing great
6 bodily harm, disability, or
7 disfigurement.
8 825.1025(2) 2nd Lewd or lascivious battery upon
9 an elderly person or disabled
10 adult.
11 825.103(2)(b) 2nd Exploiting an elderly person or
12 disabled adult and property is
13 valued at $20,000 or more, but
14 less than $100,000.
15 827.03(3)(b) 2nd Neglect of a child causing great
16 bodily harm, disability, or
17 disfigurement.
18 827.04(4) 3rd Impregnation of a child under 16
19 years of age by person 21 years
20 of age or older.
21 837.05(2) 3rd Giving false information about
22 alleged capital felony to a law
23 enforcement officer.
24 872.06 2nd Abuse of a dead human body.
25 893.13(1)(c)1. 1st Sell, manufacture, or deliver
26 cocaine (or other drug prohibited
27 under s. 893.03(1)(a), (1)(b),
28 (1)(d), (2)(a), or (2)(b)) within
29 1,000 feet of a child care
30 facility or school.
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1 893.13(1)(e) 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b), within
5 1,000 feet of property used for
6 religious services or a specified
7 business site.
8 893.13(4)(a) 1st Deliver to minor cocaine (or
9 other s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b) drugs).
11 893.135(1)(a)1. 1st Trafficking in cannabis, more
12 than 50 lbs., less than 2,000
13 lbs.
14 893.135
15 (1)(b)1.a. 1st Trafficking in cocaine, more than
16 28 grams, less than 200 grams.
17 893.135
18 (1)(c)1.a. 1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135
22 (1)(d)1. 1st Trafficking in phencyclidine,
23 more than 28 grams, less than 200
24 grams.
25 893.135(1)(e)1. 1st Trafficking in methaqualone, more
26 than 200 grams, less than 5
27 kilograms.
28 893.135(1)(f)1. 1st Trafficking in amphetamine, more
29 than 14 grams, less than 28
30 grams.
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1 893.135
2 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
3 grams or more, less than 14
4 grams.
5 Section 3. This act shall take effect October 1, 1999.
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