HB 0483 2003
1	A bill to be entitled
2	An act relating to home-invasion robbery; amending s.
3	812.135, F.S.; providing additional offense
4	classifications and revising the penalties for home-
5	invasion robbery; providing that it is a life felony to
6	commit a home-invasion robbery in the course of which a
7	firearm or other deadly weapon is carried; providing that
8	it is a first degree felony punishable by a term of
9	imprisonment not exceeding life imprisonment to commit a
10	home-invasion robbery in the course of which a weapon is
11	carried; providing penalties; reenacting s. 943.325(1),
12	F.S., relating to blood specimen testing for DNA analysis,
13	to incorporate the amendment made by this act in a
14	reference; amending s. 921.0022, F.S., relating to the
15	Criminal Punishment Code offense severity ranking chart,
16	to conform; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Section 812.135, Florida Statutes, is amended
21	to read:
22	812.135 Home-invasion robbery.--
23	(1) "Home-invasion robbery" means any robbery that occurs
24	when the offender enters a dwelling with the intent to commit a
25	robbery, and does commit a robbery of the occupants therein.
26	(2)(a) If in the course of committing the home-invasion
27	robbery the person carries a firearm or other deadly weapon, the
28	person commits a life felony, punishable as provided in s.
29	775.082, s. 775.083, or s. 775.084.
30	(b) If in the course of committing the home-invasion
31	robbery the person carries a weapon, the person commits a felony
32	of the first degree, punishable by imprisonment for a term of
33	years not exceeding life imprisonment or as provided in s.
34	775.082, s. 775.083, or s. 775.084.
35	(c) If in the course of committing the home-invasion
36	robbery the person carries no firearm, deadly weapon, or other
37	weapon, the person commits a felony of the first degree,
38	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
39	(2) A person who commits a home-invasion robbery is guilty
40	of a felony of the first degree, punishable as provided in s.
41	775.082, s. 775.083, or s. 775.084.
42	Section 2. For the purpose of incorporating the amendment
43	to section 812.135, Florida Statutes, in a reference thereto,
44	subsection (1) of section 943.325, Florida Statutes, is
45	reenacted to read:
46	943.325 Blood or other biological specimen testing for DNA
47	analysis.--
48	(1)(a) Any person who is convicted or was previously
49	convicted in this state for any offense or attempted offense
50	enumerated in paragraph (b), and any person who is transferred
51	to this state under Article VII of the Interstate Compact on
52	Juveniles, part V of chapter 985, who has committed or attempted
53	to commit an offense similarly defined by the transferring
54	state, who is either:
55	1. Still incarcerated, or
56	2. No longer incarcerated, or has never been incarcerated,
57	yet is within the confines of the legal state boundaries and is
58	on probation, community control, parole, conditional release,
59	control release, or any other type of court-ordered supervision,
60
61	shall be required to submit two specimens of blood or other
62	biological specimens approved by the Department of Law
63	Enforcement to a Department of Law Enforcement designated
64	testing facility as directed by the department.
65	(b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
66	810.02, s. 812.133, or s. 812.135.
67	2. Effective July 1, 2002, and contingent upon specific
68	appropriation, s. 812.13 or s. 812.131.
69	3. Effective July 1, 2003, and contingent upon specific
70	appropriation, chapter 787 or s. 782.07.
71	4. Effective July 1, 2004, and contingent upon specific
72	appropriation, any forcible felony, as described in s. 776.08,
73	aggravated child abuse, as described in s. 827.03(2), aggravated
74	abuse of an elderly person or a disabled adult, as described in
75	s. 825.102(2), or any felony violation of chapter 790 involving
76	the use or possession of a firearm.
77	5. Effective July 1, 2005, and contingent upon specific
78	appropriation, any felony offense.
79	(c) As used in this section, the term "any person"
80	includes both juveniles and adults committed to a county jail or
81	committed to or under the supervision of the Department of
82	Corrections or the Department of Juvenile Justice, including
83	persons incarcerated in a private correctional institution
84	operated under contract pursuant to s. 944.105 or s. 957.03.
85	(d) Effective July 1, 2001, any person who was previously
86	convicted in this state for any offense or attempted offense
87	enumerated in subparagraph (b)1., subparagraph (b)2., or
88	subparagraph (b)3. and who is still incarcerated or in the
89	custody of the Department of Juvenile Justice must submit, not
90	less than 45 days before his or her presumptive date of release
91	from such incarceration or commitment, two specimens of blood as
92	directed by the Department of Law Enforcement to a testing
93	facility designated by the department.
94	Section 3. Paragraph (h) of subsection (3) of section
95	921.0022, Florida Statutes, is amended to read:
96	921.0022 Criminal Punishment Code; offense severity
97	ranking chart.--
98	(3) OFFENSE SEVERITY RANKING CHART
99	FloridaStatute FelonyDegree Description
100	(h) LEVEL 8
101	316.193(3)(c)3.a. 2nd DUI manslaughter.
102	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
103	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
104	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
105	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
106	777.03(2)(a) 1st Accessory after the fact, capital felony.
107	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
108	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
109	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
110	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
111	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
112	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
113	800.04(4) 2nd Lewd or lascivious battery.
114	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
115	810.02(2)(a) 1st,PBL Burglary with assault or battery.
116	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
117	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
118	812.13(2)(b) 1st Robbery with a weapon.
119	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
120	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
121	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
122	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
123	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
124	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
125	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
126	860.16 1st Aircraft piracy.
127	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
128	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
129	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
130	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
131	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
132	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
133	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
134	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
135	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
136	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
137	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
138	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
139	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
140	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
141	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
142	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
143	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
144	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
145	Section 4. This act shall take effect upon becoming a law.