House Bill hb1671
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Florida House of Representatives - 2001 HB 1671
By Representative Gardiner
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 by a term of imprisonment not
11 exceeding life imprisonment to commit a
12 home-invasion robbery in the course of which a
13 weapon is carried; providing penalties;
14 reenacting s. 943.325(1)(a), F.S., relating to
15 blood specimen testing for DNA analysis, to
16 incorporate the amendment made by this act in a
17 reference; amending s. 921.0022, F.S., relating
18 to the criminal punishment code offense
19 severity chart, to conform; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 812.135, Florida Statutes, is
25 amended to read:
26 812.135 Home-invasion robbery.--
27 (1) "Home-invasion robbery" means any robbery that
28 occurs when the offender enters a dwelling with the intent to
29 commit a robbery, and does commit a robbery of the occupants
30 therein.
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Florida House of Representatives - 2001 HB 1671
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1 (2)(a) If in the course of committing the
2 home-invasion robbery the person carries a firearm or other
3 deadly weapon, the person commits a life felony, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084.
5 (b) If in the course of committing the home-invasion
6 robbery the person carries a weapon, the person commits a
7 felony of the first degree, punishable by imprisonment for a
8 term of years not exceeding life imprisonment or as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 (c) If in the course of committing the home-invasion
11 robbery the person carries no firearm, deadly weapon, or other
12 weapon, the person commits a felony of the first degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 (2) A person who commits a home-invasion robbery is
16 guilty of a felony of the first degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 Section 2. 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, is reenacted to read:
22 943.325 Blood specimen testing for DNA analysis.--
23 (1)(a) Any person who is convicted or was previously
24 convicted in this state for any offense or attempted offense
25 defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.
26 810.02, s. 812.133, or s. 812.135 and who is either:
27 1. Still incarcerated, or
28 2. No longer incarcerated but is within the confines
29 of the legal state boundaries and is on probation, community
30 control, parole, conditional release, control release, or any
31 other court-ordered supervision,
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Florida House of Representatives - 2001 HB 1671
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2 shall be required to submit two specimens of blood to a
3 Department of Law Enforcement designated testing facility as
4 directed by the department.
5 Section 3. Paragraph (h) of subsection (3) of section
6 921.0022, Florida Statutes, is amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14
15 (h) LEVEL 8
16 316.193
17 (3)(c)3.a. 2nd DUI manslaughter.
18 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
19 560.123(8)(b)2. 2nd Failure to report currency or
20 payment instruments totaling or
21 exceeding $20,000, but less than
22 $100,000 by money transmitter.
23 560.125(5)(b) 2nd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments totaling or
26 exceeding $20,000, but less than
27 $100,000.
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1 655.50(10)(b)2. 2nd Failure to report financial
2 transactions totaling or
3 exceeding $20,000, but less than
4 $100,000 by financial
5 institutions.
6 777.03(2)(a) 1st Accessory after the fact, capital
7 felony.
8 782.04(4) 2nd Killing of human without design
9 when engaged in act or attempt of
10 any felony other than arson,
11 sexual battery, robbery,
12 burglary, kidnapping, aircraft
13 piracy, or unlawfully discharging
14 bomb.
15 782.051(2) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony not
18 enumerated in s. 782.04(3).
19 782.071(2) 1st Committing vehicular homicide and
20 failing to render aid or give
21 information.
22 782.072(2) 1st Committing vessel homicide and
23 failing to render aid or give
24 information.
25 790.161(3) 1st Discharging a destructive device
26 which results in bodily harm or
27 property damage.
28 794.011(5) 2nd Sexual battery, victim 12 years
29 or over, offender does not use
30 physical force likely to cause
31 serious injury.
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1 800.04(4) 2nd Lewd or lascivious battery.
2 806.01(1) 1st Maliciously damage dwelling or
3 structure by fire or explosive,
4 believing person in structure.
5 810.02(2)(a) 1st,PBL Burglary with assault or battery.
6 810.02(2)(b) 1st,PBL Burglary; armed with explosives
7 or dangerous weapon.
8 810.02(2)(c) 1st Burglary of a dwelling or
9 structure causing structural
10 damage or $1,000 or more property
11 damage.
12 812.13(2)(b) 1st Robbery with a weapon.
13 812.135(2)(a) 1st Home-invasion robbery, no
14 firearm, deadly weapon, or other
15 weapon.
16 825.102(2) 2nd Aggravated abuse of an elderly
17 person or disabled adult.
18 825.103(2)(a) 1st Exploiting an elderly person or
19 disabled adult and property is
20 valued at $100,000 or more.
21 837.02(2) 2nd Perjury in official proceedings
22 relating to prosecution of a
23 capital felony.
24 837.021(2) 2nd Making contradictory statements
25 in official proceedings relating
26 to prosecution of a capital
27 felony.
28 860.121(2)(c) 1st Shooting at or throwing any
29 object in path of railroad
30 vehicle resulting in great bodily
31 harm.
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1 860.16 1st Aircraft piracy.
2 893.13(1)(b) 1st Sell or deliver in excess of 10
3 grams of any substance specified
4 in s. 893.03(1)(a) or (b).
5 893.13(2)(b) 1st Purchase in excess of 10 grams of
6 any substance specified in s.
7 893.03(1)(a) or (b).
8 893.13(6)(c) 1st Possess in excess of 10 grams of
9 any substance specified in s.
10 893.03(1)(a) or (b).
11 893.135(1)(a)2. 1st Trafficking in cannabis, more
12 than 2,000 lbs., less than 10,000
13 lbs.
14 893.135
15 (1)(b)1.b. 1st Trafficking in cocaine, more than
16 200 grams, less than 400 grams.
17 893.135
18 (1)(c)1.b. 1st Trafficking in illegal drugs,
19 more than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(d)1.b. 1st Trafficking in phencyclidine,
23 more than 200 grams, less than
24 400 grams.
25 893.135
26 (1)(e)1.b. 1st Trafficking in methaqualone, more
27 than 5 kilograms, less than 25
28 kilograms.
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1 893.135
2 (1)(f)1.b. 1st Trafficking in amphetamine, more
3 than 28 grams, less than 200
4 grams.
5 893.135
6 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
7 grams or more, less than 28
8 grams.
9 893.135
10 (1)(h)1.b. 1st Trafficking in
11 gamma-hydroxybutyric acid (GHB),
12 5 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(i)1.b. 1st Trafficking in 1,4-Butanediol, 5
16 kilograms or more, less than 10
17 kilograms.
18 893.135
19 (1)(j)2.b. 1st Trafficking in Phenethylamines,
20 200 grams or more, less than 400
21 grams.
22 895.03(1) 1st Use or invest proceeds derived
23 from pattern of racketeering
24 activity.
25 895.03(2) 1st Acquire or maintain through
26 racketeering activity any
27 interest in or control of any
28 enterprise or real property.
29 895.03(3) 1st Conduct or participate in any
30 enterprise through pattern of
31 racketeering activity.
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1 896.101(5)(b) 2nd Money laundering, financial
2 transactions totaling or
3 exceeding $20,000, but less than
4 $100,000.
5 896.104(4)(a)2. 2nd Structuring transactions to evade
6 reporting or registration
7 requirements, financial
8 transactions totaling or
9 exceeding $20,000 but less than
10 $100,000.
11 Section 4. This act shall take effect October 1, 2001.
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14 SENATE SUMMARY
15 Increases the penalty for certain forms of home-invasion
robbery. It is a life felony when a firearm or other
16 deadly weapon is carried and a first-degree felony with a
term of imprisonment up to life when some other weapon is
17 carried.
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