Senate Bill sb2012
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Florida Senate - 2003 (Corrected Copy) SB 2012
By Senator Campbell
32-1453B-03 See HB 483
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), 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 ranking chart, to conform; providing
20 an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
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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 Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
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, subsection (1) of section 943.325, Florida Statutes,
21 is reenacted to read:
22 943.325 Blood or other biological specimen testing for
23 DNA analysis.--
24 (1)(a) Any person who is convicted or was previously
25 convicted in this state for any offense or attempted offense
26 enumerated in paragraph (b), and any person who is transferred
27 to this state under Article VII of the Interstate Compact on
28 Juveniles, part V of chapter 985, who has committed or
29 attempted to commit an offense similarly defined by the
30 transferring state, who is either:
31 1. Still incarcerated, or
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 2. No longer incarcerated, or has never been
2 incarcerated, yet is within the confines of the legal state
3 boundaries and is on probation, community control, parole,
4 conditional release, control release, or any other type of
5 court-ordered supervision,
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7 shall be required to submit two specimens of blood or other
8 biological specimens approved by the Department of Law
9 Enforcement to a Department of Law Enforcement designated
10 testing facility as directed by the department.
11 (b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045,
12 s. 810.02, s. 812.133, or s. 812.135.
13 2. Effective July 1, 2002, and contingent upon
14 specific appropriation, s. 812.13 or s. 812.131.
15 3. Effective July 1, 2003, and contingent upon
16 specific appropriation, chapter 787 or s. 782.07.
17 4. Effective July 1, 2004, and contingent upon
18 specific appropriation, any forcible felony, as described in
19 s. 776.08, aggravated child abuse, as described in s.
20 827.03(2), aggravated abuse of an elderly person or a disabled
21 adult, as described in s. 825.102(2), or any felony violation
22 of chapter 790 involving the use or possession of a firearm.
23 5. Effective July 1, 2005, and contingent upon
24 specific appropriation, any felony offense.
25 (c) As used in this section, the term "any person"
26 includes both juveniles and adults committed to a county jail
27 or committed to or under the supervision of the Department of
28 Corrections or the Department of Juvenile Justice, including
29 persons incarcerated in a private correctional institution
30 operated under contract pursuant to s. 944.105 or s. 957.03.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 (d) Effective July 1, 2001, any person who was
2 previously convicted in this state for any offense or
3 attempted offense enumerated in subparagraph (b)1.,
4 subparagraph (b)2., or subparagraph (b)3. and who is still
5 incarcerated or in the custody of the Department of Juvenile
6 Justice must submit, not less than 45 days before his or her
7 presumptive date of release from such incarceration or
8 commitment, two specimens of blood as directed by the
9 Department of Law Enforcement to a testing facility designated
10 by the department.
11 Section 3. Paragraph (h) of subsection (3) of section
12 921.0022, Florida Statutes, is amended to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
16
17 Florida Felony
18 Statute Degree Description
19
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21 (h) LEVEL 8
22 316.193
23 (3)(c)3.a. 2nd DUI manslaughter.
24 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
25 560.123(8)(b)2. 2nd Failure to report currency or
26 payment instruments totaling or
27 exceeding $20,000, but less than
28 $100,000 by money transmitter.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 560.125(5)(b) 2nd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments totaling or
4 exceeding $20,000, but less than
5 $100,000.
6 655.50(10)(b)2. 2nd Failure to report financial
7 transactions totaling or
8 exceeding $20,000, but less than
9 $100,000 by financial
10 institutions.
11 777.03(2)(a) 1st Accessory after the fact, capital
12 felony.
13 782.04(4) 2nd Killing of human without design
14 when engaged in act or attempt of
15 any felony other than arson,
16 sexual battery, robbery,
17 burglary, kidnapping, aircraft
18 piracy, or unlawfully discharging
19 bomb.
20 782.051(2) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony not
23 enumerated in s. 782.04(3).
24 782.071(1)(b) 1st Committing vehicular homicide and
25 failing to render aid or give
26 information.
27 782.072(2) 1st Committing vessel homicide and
28 failing to render aid or give
29 information.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 790.161(3) 1st Discharging a destructive device
2 which results in bodily harm or
3 property damage.
4 794.011(5) 2nd Sexual battery, victim 12 years
5 or over, offender does not use
6 physical force likely to cause
7 serious injury.
8 800.04(4) 2nd Lewd or lascivious battery.
9 806.01(1) 1st Maliciously damage dwelling or
10 structure by fire or explosive,
11 believing person in structure.
12 810.02(2)(a) 1st,PBL Burglary with assault or battery.
13 810.02(2)(b) 1st,PBL Burglary; armed with explosives
14 or dangerous weapon.
15 810.02(2)(c) 1st Burglary of a dwelling or
16 structure causing structural
17 damage or $1,000 or more property
18 damage.
19 812.13(2)(b) 1st Robbery with a weapon.
20 812.135(2) 1st Home-invasion robbery, no
21 firearm, deadly weapon, or other
22 weapon.
23 825.102(2) 2nd Aggravated abuse of an elderly
24 person or disabled adult.
25 825.1025(2) 2nd Lewd or lascivious battery upon
26 an elderly person or disabled
27 adult.
28 825.103(2)(a) 1st Exploiting an elderly person or
29 disabled adult and property is
30 valued at $100,000 or more.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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Florida Senate - 2003 (Corrected Copy) SB 2012
32-1453B-03 See HB 483
1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 Section 4. This act shall take effect upon becoming a
22 law.
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