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CHAMBER ACTION |
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The Committee on Public Safety & Crime Prevention recommends the |
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following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to home-invasion robbery; amending s. |
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812.135, F.S.; providing additional offense |
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classifications and revising the penalties for home- |
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invasion robbery; providing that it is a first degree |
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felony punishable by a term of imprisonment not exceeding |
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life imprisonment to commit a home-invasion robbery in the |
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course of which a firearm or other deadly weapon is |
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carried; providing penalties; reenacting s. 943.325(1), |
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F.S., relating to blood specimen testing for DNA analysis, |
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to incorporate the amendment made to s. 812.135, F.S., by |
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this act in a reference thereto; amending s. 921.0022, |
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F.S., relating to the Criminal Punishment Code offense |
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severity ranking chart, to conform; providing an effective |
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date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 812.135, Florida Statutes, is amended |
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to read: |
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812.135 Home-invasion robbery.-- |
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(1) "Home-invasion robbery" means any robbery that occurs |
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when the offender enters a dwelling with the intent to commit a |
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robbery, and does commit a robbery of the occupants therein. |
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(2)(a) If in the course of committing the home-invasion |
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robbery the person carries a firearm or other deadly weapon, the |
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person commits a felony of the first degree, punishable by |
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imprisonment for a term of years not exceeding life imprisonment |
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as provided in s. 775.082, s. 775.083, or s. 775.084.
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(b) If in the course of committing the home-invasion |
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robbery the person carries a weapon, the person commits a felony |
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of the first degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084.
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(c) If in the course of committing the home-invasion |
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robbery the person carries no firearm, deadly weapon, or other |
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weapon, the person commits a felony of the first degree, |
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
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(2) A person who commits a home-invasion robbery is guilty |
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of a felony of the first degree, punishable as provided in s. |
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775.082, s. 775.083, or s. 775.084. |
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Section 2. For the purpose of incorporating the amendment |
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to section 812.135, Florida Statutes, in a reference thereto, |
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subsection (1) of section 943.325, Florida Statutes, is |
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reenacted to read: |
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943.325 Blood or other biological specimen testing for DNA |
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analysis.-- |
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(1)(a) Any person who is convicted or was previously |
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convicted in this state for any offense or attempted offense |
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enumerated in paragraph (b), and any person who is transferred |
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to this state under Article VII of the Interstate Compact on |
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Juveniles, part V of chapter 985, who has committed or attempted |
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to commit an offense similarly defined by the transferring |
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state, who is either: |
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1. Still incarcerated, or |
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2. No longer incarcerated, or has never been incarcerated, |
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yet is within the confines of the legal state boundaries and is |
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on probation, community control, parole, conditional release, |
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control release, or any other type of court-ordered supervision, |
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shall be required to submit two specimens of blood or other |
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biological specimens approved by the Department of Law |
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Enforcement to a Department of Law Enforcement designated |
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testing facility as directed by the department. |
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(b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045, s. |
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810.02, s. 812.133, or s. 812.135. |
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2. Effective July 1, 2002, and contingent upon specific |
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appropriation, s. 812.13 or s. 812.131. |
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3. Effective July 1, 2003, and contingent upon specific |
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appropriation, chapter 787 or s. 782.07. |
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4. Effective July 1, 2004, and contingent upon specific |
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appropriation, any forcible felony, as described in s. 776.08, |
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aggravated child abuse, as described in s. 827.03(2), aggravated |
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abuse of an elderly person or a disabled adult, as described in |
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s. 825.102(2), or any felony violation of chapter 790 involving |
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the use or possession of a firearm. |
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5. Effective July 1, 2005, and contingent upon specific |
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appropriation, any felony offense. |
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(c) As used in this section, the term "any person" |
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includes both juveniles and adults committed to a county jail or |
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committed to or under the supervision of the Department of |
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Corrections or the Department of Juvenile Justice, including |
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persons incarcerated in a private correctional institution |
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operated under contract pursuant to s. 944.105 or s. 957.03. |
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(d) Effective July 1, 2001, any person who was previously |
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convicted in this state for any offense or attempted offense |
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enumerated in subparagraph (b)1., subparagraph (b)2., or |
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subparagraph (b)3. and who is still incarcerated or in the |
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custody of the Department of Juvenile Justice must submit, not |
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less than 45 days before his or her presumptive date of release |
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from such incarceration or commitment, two specimens of blood as |
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directed by the Department of Law Enforcement to a testing |
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facility designated by the department. |
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Section 3. Paragraphs (h), (i), and (j) of subsection (3) |
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of section 921.0022, Florida Statutes, are amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| FloridaStatute | FelonyDegree | Description |
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| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
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| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
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112
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| 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. |
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| 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. |
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| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
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| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
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| 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. |
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| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
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| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
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| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
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120
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| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
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121
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| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
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122
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| 800.04(4) | 2nd | Lewd or lascivious battery. |
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123
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| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
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124
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| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
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| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
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| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
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| 812.13(2)(b) | 1st | Robbery with a weapon. |
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| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
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129
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| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
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130
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| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
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131
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| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
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| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
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| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
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134
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| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
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| 860.16 | 1st | Aircraft piracy. |
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136
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| 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). |
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| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
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| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
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142
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| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
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| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
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| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
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| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
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148
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| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
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149
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| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
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150
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| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
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151
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| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
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152
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| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
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153
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| 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. |
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| 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
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| 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
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157
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| 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
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158
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| 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
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159
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| 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
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160
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| 775.0844 | 1st | Aggravated white collar crime. |
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161
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| 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
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162
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| 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
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163
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| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
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164
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| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
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165
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| 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
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166
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| 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
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167
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| 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
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168
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| 787.02(3)(a) | 1st | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
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169
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| 790.161 | 1st | Attempted capital destructive device offense. |
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170
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| 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
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171
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| 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
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172
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| 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
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173
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| 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
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174
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| 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
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175
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| 800.04(5)(b) | 1st | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
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176
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| 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
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177
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| 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
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178
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| 812.135(2)(b) | 1st | Home invasion robbery with weapon. |
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179
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| 827.03(2) | 1st | Aggravated child abuse. |
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180
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| 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
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181
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| 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
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182
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| 859.01 | 1st | Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. |
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183
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| 893.135 | 1st | Attempted capital trafficking offense. |
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184
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| 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
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185
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| 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
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186
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| 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
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187
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| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
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188
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| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
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189
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| 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
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190
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| 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
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191
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| 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
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192
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| 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
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193
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| 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
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194
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| 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
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195
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196
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| 782.04(2) | 1st,PBL | Unlawful killing of human; act is homicide, unpremeditated. |
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197
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| 787.01(1)(a)3. | 1st,PBL | Kidnapping; inflict bodily harm upon or terrorize victim. |
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198
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| 787.01(3)(a) | Life | Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
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199
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| 782.07(3) | 1st | Aggravated manslaughter of a child. |
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200
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| 794.011(3) | Life | Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury. |
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201
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| 812.135(2)(a) | 1st,PBL | Home invasion robbery with firearm or other deadly weapon. |
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202
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| 876.32 | 1st | Treason against the state. |
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203
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Section 4. This act shall take effect upon becoming a law. |