Senate Bill sb1146

    Florida Senate - 2001                                  SB 1146

    By Senator Constantine





    9-748-01

  1                      A bill to be entitled

  2         An act relating to robbery; amending s. 812.13,

  3         F.S.; providing that certain enhanced penalties

  4         apply to the offense of robbery if, in the

  5         course of committing robbery, the offender used

  6         a firearm, deadly weapon, or other weapon;

  7         providing that robbery is a second-degree

  8         felony if a firearm, deadly weapon, or other

  9         weapon is not used in the course of committing

10         the robbery; providing 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.  Subsections (1) and (2) of section 812.13,

15  Florida Statutes, are amended to read:

16         812.13  Robbery.--

17         (1)  "Robbery" means the taking of money or other

18  property that which may be the subject of larceny from the

19  person or custody of another, with intent to either

20  permanently or temporarily deprive the person or the owner of

21  the money or other property, when in the course of the taking

22  there is the use of force, violence, assault, or putting in

23  fear.

24         (2)(a)  If in the course of committing the robbery the

25  offender carried or used a firearm or other deadly weapon,

26  then the robbery is a felony of the first degree, punishable

27  by imprisonment for a term of years not exceeding life

28  imprisonment or as provided in s. 775.082, s. 775.083, or s.

29  775.084.

30         (b)  If in the course of committing the robbery the

31  offender carried or used a weapon, then the robbery is a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1146
    9-748-01




  1  felony of the first degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         (c)  If in the course of committing the robbery the

  4  offender carried or used no firearm, deadly weapon, or other

  5  weapon, then the robbery is a felony of the second degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.

  8         Section 2.  This act shall take effect July 1, 2001.

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11                          SENATE SUMMARY

12    Revises the elements of the offense of robbery to provide
      that robbery is a first-degree felony, punishable by life
13    imprisonment if, in the course of committing a robbery,
      the offender used a firearm or deadly weapon. Provides
14    that robbery is a first-degree felony if the offender
      used a weapon. Provides that robbery is a second-degree
15    felony if the offender did not use a firearm, deadly
      weapon, or other weapon.
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CODING: Words stricken are deletions; words underlined are additions.