Senate Bill sb1828
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
By Senator Smith
14-1252-04 See HB 71
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 first degree felony punishable by
7 a term of imprisonment not exceeding life
8 imprisonment to commit a home-invasion robbery
9 in the course of which a firearm or other
10 deadly weapon is carried; providing penalties;
11 reenacting s. 943.325(1), F.S., relating to
12 blood specimen testing for DNA analysis, to
13 incorporate the amendment made to s. 812.135,
14 F.S., by this act in a reference thereto;
15 amending s. 921.0022, F.S., relating to the
16 Criminal Punishment Code offense severity
17 ranking chart, with respect to home-invasion
18 robberies; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 812.135, Florida Statutes, is
23 amended to read:
24 812.135 Home-invasion robbery.--
25 (1) "Home-invasion robbery" means any robbery that
26 occurs when the offender enters a dwelling with the intent to
27 commit a robbery, and does commit a robbery of the occupants
28 therein.
29 (2)(a) If in the course of committing the
30 home-invasion robbery the person carries a firearm or other
31 deadly weapon, the person commits a felony of the first
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 degree, punishable by imprisonment for a term of years not
2 exceeding life imprisonment as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (b) If in the course of committing the home-invasion
5 robbery the person carries a weapon, the person commits 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 home-invasion
9 robbery the person carries no firearm, deadly weapon, or other
10 weapon, the person commits a felony of the first degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 (2) A person who commits a home-invasion robbery is
14 guilty of a felony of the first degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084.
16 Section 2. For the purpose of incorporating the
17 amendment to section 812.135, Florida Statutes, in a reference
18 thereto, subsection (1) of section 943.325, Florida Statutes,
19 is reenacted to read:
20 943.325 Blood or other biological specimen testing for
21 DNA analysis.--
22 (1)(a) Any person who is convicted or was previously
23 convicted in this state for any offense or attempted offense
24 enumerated in paragraph (b), and any person who is transferred
25 to this state under Article VII of the Interstate Compact on
26 Juveniles, part V of chapter 985, who has committed or
27 attempted to commit an offense similarly defined by the
28 transferring state, who is either:
29 1. Still incarcerated, or
30 2. No longer incarcerated, or has never been
31 incarcerated, yet is within the confines of the legal state
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 boundaries and is on probation, community control, parole,
2 conditional release, control release, or any other type of
3 court-ordered supervision,
4
5 shall be required to submit two specimens of blood or other
6 biological specimens approved by the Department of Law
7 Enforcement to a Department of Law Enforcement designated
8 testing facility as directed by the department.
9 (b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045,
10 s. 810.02, s. 812.133, or s. 812.135.
11 2. Effective July 1, 2002, and contingent upon
12 specific appropriation, s. 812.13 or s. 812.131.
13 3. Effective July 1, 2003, and contingent upon
14 specific appropriation, chapter 787 or s. 782.07.
15 4. Effective July 1, 2004, and contingent upon
16 specific appropriation, any forcible felony, as described in
17 s. 776.08, aggravated child abuse, as described in s.
18 827.03(2), aggravated abuse of an elderly person or a disabled
19 adult, as described in s. 825.102(2), or any felony violation
20 of chapter 790 involving the use or possession of a firearm.
21 5. Effective July 1, 2005, and contingent upon
22 specific appropriation, any felony offense.
23 (c) As used in this section, the term "any person"
24 includes both juveniles and adults committed to a county jail
25 or committed to or under the supervision of the Department of
26 Corrections or the Department of Juvenile Justice, including
27 persons incarcerated in a private correctional institution
28 operated under contract pursuant to s. 944.105 or s. 957.03.
29 (d) Any person who was previously convicted in this
30 state for any offense or attempted offense enumerated in
31 subparagraph (b)1., subparagraph (b)2., or subparagraph (b)3.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 and who is still incarcerated or in the custody of the
2 Department of Juvenile Justice must submit, not less than 45
3 days before his or her presumptive date of release from such
4 incarceration or commitment, two specimens of blood or other
5 approved biological specimens as directed by the Department of
6 Law Enforcement to a testing facility designated by the
7 department.
8 Section 3. Paragraphs (h), (i), and (j) of subsection
9 (3) of section 921.0022, Florida Statutes, are amended to
10 read:
11 921.0022 Criminal Punishment Code; offense severity
12 ranking chart.--
13 (3) OFFENSE SEVERITY RANKING CHART
14
15 Florida Felony
16 Statute Degree Description
17
18
19 (h) LEVEL 8
20 316.193 (3)(c)3.a.2nd DUI manslaughter.
21 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
22 499.0051(7) 1st Forgery of prescription or legend
23 drug labels.
24 499.0052 1st Trafficking in contraband legend
25 drugs.
26 560.123(8)(b)2. 2nd Failure to report currency or
27 payment instruments totaling or
28 exceeding $20,000, but less than
29 $100,000 by money transmitter.
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
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.
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
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)(c) 1st Home-invasion robbery, no
21 firearm, deadly weapon, or other
22 weapon.
23 817.568(6) 2nd Fraudulent use of personal
24 identification information of an
25 individual under the age of 18.
26 825.102(2) 2nd Aggravated abuse of an elderly
27 person or disabled adult.
28 825.1025(2) 2nd Lewd or lascivious battery upon
29 an elderly person or disabled
30 adult.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 837.02(2) 2nd Perjury in official proceedings
5 relating to prosecution of a
6 capital felony.
7 837.021(2) 2nd Making contradictory statements
8 in official proceedings relating
9 to prosecution of a capital
10 felony.
11 860.121(2)(c) 1st Shooting at or throwing any
12 object in path of railroad
13 vehicle resulting in great bodily
14 harm.
15 860.16 1st Aircraft piracy.
16 893.13(1)(b) 1st Sell or deliver in excess of 10
17 grams of any substance specified
18 in s. 893.03(1)(a) or (b).
19 893.13(2)(b) 1st Purchase in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.13(6)(c) 1st Possess in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.135(1)(a)2. 1st Trafficking in cannabis, more
26 than 2,000 lbs., less than 10,000
27 lbs.
28 893.135 (1)(b)1.b.1st Trafficking in cocaine, more than
29 200 grams, less than 400 grams.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 893.135 (1)(c)1.b.1st Trafficking in illegal drugs,
2 more than 14 grams, less than 28
3 grams.
4 893.135 (1)(d)1.b.1st Trafficking in phencyclidine,
5 more than 200 grams, less than
6 400 grams.
7 893.135 (1)(e)1.b.1st Trafficking in methaqualone, more
8 than 5 kilograms, less than 25
9 kilograms.
10 893.135 (1)(f)1.b.1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135 (1)(g)1.b.1st Trafficking in flunitrazepam, 14
14 grams or more, less than 28
15 grams.
16 893.135 (1)(h)1.b.1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 5 kilograms or more, less than 10
19 kilograms.
20 893.135 (1)(j)1.b.1st Trafficking in 1,4-Butanediol, 5
21 kilograms or more, less than 10
22 kilograms.
23 893.135 (1)(k)2.b.1st Trafficking in Phenethylamines,
24 200 grams or more, less than 400
25 grams.
26 895.03(1) 1st Use or invest proceeds derived
27 from pattern of racketeering
28 activity.
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8 896.101(5)(b) 2nd Money laundering, financial
9 transactions totaling or
10 exceeding $20,000, but less than
11 $100,000.
12 896.104(4)(a)2. 2nd Structuring transactions to evade
13 reporting or registration
14 requirements, financial
15 transactions totaling or
16 exceeding $20,000 but less than
17 $100,000.
18 (i) LEVEL 9
19 316.193 (3)(c)3.b.1st DUI manslaughter; failing to
20 render aid or give information.
21 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
22 render aid or give information.
23 499.0053 1st Sale or purchase of contraband
24 legend drugs resulting in great
25 bodily harm.
26 560.123(8)(b)3. 1st Failure to report currency or
27 payment instruments totaling or
28 exceeding $100,000 by money
29 transmitter.
30
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 560.125(5)(c) 1st Money transmitter business by
2 unauthorized person, currency, or
3 payment instruments totaling or
4 exceeding $100,000.
5 655.50(10)(b)3. 1st Failure to report financial
6 transactions totaling or
7 exceeding $100,000 by financial
8 institution.
9 775.0844 1st Aggravated white collar crime.
10 782.04(1) 1st Attempt, conspire, or solicit to
11 commit premeditated murder.
12 782.04(3) 1st,PBL Accomplice to murder in
13 connection with arson, sexual
14 battery, robbery, burglary, and
15 other specified felonies.
16 782.051(1) 1st Attempted felony murder while
17 perpetrating or attempting to
18 perpetrate a felony enumerated in
19 s. 782.04(3).
20 782.07(2) 1st Aggravated manslaughter of an
21 elderly person or disabled adult.
22 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
23 reward or as a shield or hostage.
24 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
25 or facilitate commission of any
26 felony.
27 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
28 interfere with performance of any
29 governmental or political
30 function.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 790.161 1st Attempted capital destructive
8 device offense.
9 790.166(2) 1st,PBL Possessing, selling, using, or
10 attempting to use a weapon of
11 mass destruction.
12 794.011(2) 1st Attempted sexual battery; victim
13 less than 12 years of age.
14 794.011(2) Life Sexual battery; offender younger
15 than 18 years and commits sexual
16 battery on a person less than 12
17 years.
18 794.011(4) 1st Sexual battery; victim 12 years
19 or older, certain circumstances.
20 794.011(8)(b) 1st Sexual battery; engage in sexual
21 conduct with minor 12 to 18 years
22 by person in familial or
23 custodial authority.
24 800.04(5)(b) 1st Lewd or lascivious molestation;
25 victim less than 12 years;
26 offender 18 years or older.
27 812.13(2)(a) 1st,PBL Robbery with firearm or other
28 deadly weapon.
29 812.133(2)(a) 1st,PBL Carjacking; firearm or other
30 deadly weapon.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 812.135(2)(b) 1st Home-invasion robbery with
2 weapon.
3 817.568(7) 2nd,PBL Fraudulent use of personal
4 identification information of an
5 individual under the age of 18 by
6 his or her parent, legal
7 guardian, or person exercising
8 custodial authority.
9 827.03(2) 1st Aggravated child abuse.
10 847.0145(1) 1st Selling, or otherwise
11 transferring custody or control,
12 of a minor.
13 847.0145(2) 1st Purchasing, or otherwise
14 obtaining custody or control, of
15 a minor.
16 859.01 1st Poisoning or introducing
17 bacteria, radioactive materials,
18 viruses, or chemical compounds
19 into food, drink, medicine, or
20 water with intent to kill or
21 injure another person.
22 893.135 1st Attempted capital trafficking
23 offense.
24 893.135(1)(a)3. 1st Trafficking in cannabis, more
25 than 10,000 lbs.
26 893.135 (1)(b)1.c.1st Trafficking in cocaine, more than
27 400 grams, less than 150
28 kilograms.
29 893.135 (1)(c)1.c.1st Trafficking in illegal drugs,
30 more than 28 grams, less than 30
31 kilograms.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 893.135 (1)(d)1.c.1st Trafficking in phencyclidine,
2 more than 400 grams.
3 893.135 (1)(e)1.c.1st Trafficking in methaqualone, more
4 than 25 kilograms.
5 893.135 (1)(f)1.c.1st Trafficking in amphetamine, more
6 than 200 grams.
7 893.135 (1)(h)1.c.1st Trafficking in
8 gamma-hydroxybutyric acid (GHB),
9 10 kilograms or more.
10 893.135 (1)(j)1.c.1st Trafficking in 1,4-Butanediol, 10
11 kilograms or more.
12 893.135 (1)(k)2.c.1st Trafficking in Phenethylamines,
13 400 grams or more.
14 896.101(5)(c) 1st Money laundering, financial
15 instruments totaling or exceeding
16 $100,000.
17 896.104(4)(a)3. 1st Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions totaling or
21 exceeding $100,000.
22 (j) LEVEL 10
23 499.0054 1st Sale or purchase of contraband
24 legend drugs resulting in death.
25 782.04(2) 1st,PBL Unlawful killing of human; act is
26 homicide, unpremeditated.
27 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
28 upon or terrorize victim.
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1828
14-1252-04 See HB 71
1 787.01(3)(a) Life Kidnapping; child under age 13,
2 perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 exhibition.
7 782.07(3) 1st Aggravated manslaughter of a
8 child.
9 794.011(3) Life Sexual battery; victim 12 years
10 or older, offender uses or
11 threatens to use deadly weapon or
12 physical force to cause serious
13 injury.
14 812.135(2)(a) 1st,PBL Home-invasion robbery with
15 firearm or other deadly weapon.
16 876.32 1st Treason against the state.
17 Section 4. This act shall take effect upon becoming a
18 law.
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.