Senate Bill sb1828er

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  1                                 

  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


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 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


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 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.


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 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  


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 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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 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  


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 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.

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 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.

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 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.

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 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.

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 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.

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 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.


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 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.

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 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.

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