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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  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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  1

  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.

12

13            *****************************************

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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