Senate Bill sb1386
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Florida Senate - 2002 SB 1386
By Senator Constantine
9-577-02
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; reenacting s. 921.0022(3)(f) and
11 (i), relating to the offense severity ranking
12 chart of the Criminal Punishment Code, to
13 incorporate the amendments to s. 812.13, F.S.,
14 in references thereto; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsections (1) and (2) of section 812.13,
20 Florida Statutes, are amended to read:
21 812.13 Robbery.--
22 (1) "Robbery" means the taking of money or other
23 property that which may be the subject of larceny from the
24 person or custody of another, with intent to either
25 permanently or temporarily deprive the person or the owner of
26 the money or other property, when in the course of the taking
27 there is the use of force, violence, assault, or putting in
28 fear.
29 (2)(a) If in the course of committing the robbery the
30 offender carried or used a firearm or other deadly weapon,
31 then the robbery is a felony of the first degree, punishable
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Florida Senate - 2002 SB 1386
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1 by imprisonment for a term of years not exceeding life
2 imprisonment or as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 (b) If in the course of committing the robbery the
5 offender carried or used a weapon, then the robbery is a
6 felony of the first degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 (c) If in the course of committing the robbery the
9 offender carried or used no firearm, deadly weapon, or other
10 weapon, then the robbery is a felony of the second degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 Section 2. For the purpose of incorporating the
14 amendments made by this act to section 812.13, Florida
15 Statutes, in references thereto, paragraphs (f) and (i) of
16 subsection (3) of section 921.0022, Florida Statutes, are
17 reenacted to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony
23 Statute Degree Description
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26 (f) LEVEL 6
27 316.027(1)(b) 2nd Accident involving death, failure
28 to stop; leaving scene.
29 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
30 conviction.
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Florida Senate - 2002 SB 1386
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1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 775.21(10) 3rd Sexual predators; failure to
4 register; failure to renew
5 driver's license or
6 identification card.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.074(1)(b) 2nd Aggravated assault on sexually
19 violent predators facility staff.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 784.083(2) 2nd Aggravated assault on code
28 inspector.
29 787.02(2) 3rd False imprisonment; restraining
30 with purpose other than those in
31 s. 787.01.
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1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive
8 or act of arson or violence to
9 state property.
10 790.19 2nd Shooting or throwing deadly
11 missiles into dwellings, vessels,
12 or vehicles.
13 794.011(8)(a) 3rd Solicitation of minor to
14 participate in sexual activity by
15 custodial adult.
16 794.05(1) 2nd Unlawful sexual activity with
17 specified minor.
18 800.04(5)(d) 3rd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 less than 18 years.
22 800.04(6)(b) 2nd Lewd or lascivious conduct;
23 offender 18 years of age or
24 older.
25 806.031(2) 2nd Arson resulting in great bodily
26 harm to firefighter or any other
27 person.
28 810.02(3)(c) 2nd Burglary of occupied structure;
29 unarmed; no assault or battery.
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1 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.014(2)(b)2. 2nd Property stolen cargo valued at
5 less than $50,000, grand theft in
6 2nd degree.
7 812.015(9) 2nd Retail theft; property stolen
8 $300 or more; second or
9 subsequent conviction.
10 812.13(2)(c) 2nd Robbery, no firearm or other
11 weapon (strong-arm robbery).
12 817.034(4)(a)1. 1st Communications fraud, value
13 greater than $50,000.
14 817.4821(5) 2nd Possess cloning paraphernalia
15 with intent to create cloned
16 cellular telephones.
17 825.102(1) 3rd Abuse of an elderly person or
18 disabled adult.
19 825.102(3)(c) 3rd Neglect of an elderly person or
20 disabled adult.
21 825.1025(3) 3rd Lewd or lascivious molestation of
22 an elderly person or disabled
23 adult.
24 825.103(2)(c) 3rd Exploiting an elderly person or
25 disabled adult and property is
26 valued at less than $20,000.
27 827.03(1) 3rd Abuse of a child.
28 827.03(3)(c) 3rd Neglect of a child.
29 827.071(2)&(3) 2nd Use or induce a child in a sexual
30 performance, or promote or direct
31 such performance.
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1 836.05 2nd Threats; extortion.
2 836.10 2nd Written threats to kill or do
3 bodily injury.
4 843.12 3rd Aids or assists person to escape.
5 847.0135(3) 3rd Solicitation of a child, via a
6 computer service, to commit an
7 unlawful sex act.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 943.0435(9) 3rd Sex offenders; failure to comply
12 with reporting requirements.
13 944.35(3)(a)2. 3rd Committing malicious battery upon
14 or inflicting cruel or inhuman
15 treatment on an inmate or
16 offender on community
17 supervision, resulting in great
18 bodily harm.
19 944.40 2nd Escapes.
20 944.46 3rd Harboring, concealing, aiding
21 escaped prisoners.
22 944.47(1)(a)5. 2nd Introduction of contraband
23 (firearm, weapon, or explosive)
24 into correctional facility.
25 951.22(1) 3rd Intoxicating drug, firearm, or
26 weapon introduced into county
27 facility.
28 (i) LEVEL 9
29 316.193
30 (3)(c)3.b. 1st DUI manslaughter; failing to
31 render aid or give information.
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 755.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) 1st Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 827.03(2) 1st Aggravated child abuse.
6 847.0145(1) 1st Selling, or otherwise
7 transferring custody or control,
8 of a minor.
9 847.0145(2) 1st Purchasing, or otherwise
10 obtaining custody or control, of
11 a minor.
12 859.01 1st Poisoning food, drink, medicine,
13 or water with intent to kill or
14 injure another person.
15 893.135 1st Attempted capital trafficking
16 offense.
17 893.135(1)(a)3. 1st Trafficking in cannabis, more
18 than 10,000 lbs.
19 893.135
20 (1)(b)1.c. 1st Trafficking in cocaine, more than
21 400 grams, less than 150
22 kilograms.
23 893.135
24 (1)(c)1.c. 1st Trafficking in illegal drugs,
25 more than 28 grams, less than 30
26 kilograms.
27 893.135
28 (1)(d)1.c. 1st Trafficking in phencyclidine,
29 more than 400 grams.
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1 893.135
2 (1)(e)1.c. 1st Trafficking in methaqualone, more
3 than 25 kilograms.
4 893.135
5 (1)(f)1.c. 1st Trafficking in amphetamine, more
6 than 200 grams.
7 893.135
8 (1)(h)1.c. 1st Trafficking in
9 gamma-hydroxybutyric acid (GHB),
10 10 kilograms or more.
11 893.135
12 (1)(i)1.c. 1st Trafficking in 1,4-Butanediol, 10
13 kilograms or more.
14 893.135
15 (1)(j)2.c. 1st Trafficking in Phenethylamines,
16 400 grams or more.
17 896.101(5)(c) 1st Money laundering, financial
18 instruments totaling or exceeding
19 $100,000.
20 896.104(4)(a)3. 1st Structuring transactions to evade
21 reporting or registration
22 requirements, financial
23 transactions totaling or
24 exceeding $100,000.
25 Section 3. This act shall take effect July 1, 2001.
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2 SENATE SUMMARY
3 Revises the elements of the offense of robbery to provide
that robbery is a first-degree felony, punishable by life
4 imprisonment if, in the course of committing a robbery,
the offender used a firearm or deadly weapon. Provides
5 that robbery is a first-degree felony if the offender
used a weapon. Provides that robbery is a second-degree
6 felony if the offender did not use a firearm, deadly
weapon, or other weapon.
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