| 1 | A bill to be entitled |
| 2 | An act relating to theft of property; amending s. 812.13, |
| 3 | F.S.; redefining the term "robbery" to include the |
| 4 | unlawful endeavoring to take property; providing that if |
| 5 | an offender threatens to use a weapon or firearm during |
| 6 | the course of a robbery, the offender commits a felony of |
| 7 | the first degree; providing penalties; amending ss. |
| 8 | 812.131 and 812.133, F.S.; redefining the terms "robbery |
| 9 | by sudden snatching" and "carjacking" to include the |
| 10 | unlawful endeavoring to take property; reenacting ss. |
| 11 | 921.0022(3)(f), (g), (h), and (i) and 1006.13(5)(a), F.S., |
| 12 | relating to the offense severity ranking chart and the |
| 13 | policy of zero tolerance for crime and victimization; |
| 14 | incorporating the amendments to ss. 812.13, 812.131, and |
| 15 | 812.133, F.S., in references thereto; providing an |
| 16 | effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Section 812.13, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 812.13 Robbery.-- |
| 23 | (1) "Robbery" means the taking of or endeavoring to take |
| 24 | money or other property that which may be the subject of larceny |
| 25 | from the person or custody of another, with intent to either |
| 26 | permanently or temporarily deprive the person or the owner of |
| 27 | the money or other property, when in the course of the taking or |
| 28 | endeavoring to take there is the use of force, violence, |
| 29 | assault, or putting in fear. |
| 30 | (2)(a) If in the course of committing the robbery the |
| 31 | offender carried a firearm or other deadly weapon, then the |
| 32 | robbery is a felony of the first degree, punishable by |
| 33 | imprisonment for a term of years not exceeding life imprisonment |
| 34 | or as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 35 | (b) If in the course of committing the robbery the |
| 36 | offender carried a weapon, or threatened to use a weapon or |
| 37 | firearm, then the robbery is a felony of the first degree, |
| 38 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 39 | (c) If in the course of committing the robbery the |
| 40 | offender carried no firearm, deadly weapon, or other weapon, or |
| 41 | did not threaten to use any weapon or firearm, then the robbery |
| 42 | is a felony of the second degree, punishable as provided in s. |
| 43 | 775.082, s. 775.083, or s. 775.084. |
| 44 | (3)(a) An act shall be deemed "in the course of committing |
| 45 | the robbery" if it occurs in an attempt to commit robbery or in |
| 46 | flight after the attempt or commission. |
| 47 | (b) An act shall be deemed "in the course of the taking or |
| 48 | endeavoring to take" if it occurs before either prior to, |
| 49 | contemporaneous with, or after subsequent to the taking of or |
| 50 | endeavoring to take the property and if it and the act of taking |
| 51 | or endeavoring to take constitute a continuous series of acts or |
| 52 | events. |
| 53 | Section 2. Subsections (1) and (3) of section 812.131, |
| 54 | Florida Statutes, are amended to read: |
| 55 | 812.131 Robbery by sudden snatching.-- |
| 56 | (1) "Robbery by sudden snatching" means the taking of or |
| 57 | endeavoring to take money or other property from the victim's |
| 58 | person, with intent to permanently or temporarily deprive the |
| 59 | victim or the owner of the money or other property, when, in the |
| 60 | course of the taking or endeavoring to take, the victim was or |
| 61 | became aware of the taking or endeavoring to take. In order to |
| 62 | satisfy this definition, it is not necessary to show that: |
| 63 | (a) The offender used any amount of force beyond that |
| 64 | effort necessary to obtain possession of the money or other |
| 65 | property; or |
| 66 | (b) There was any resistance offered by the victim to the |
| 67 | offender or that there was injury to the victim's person. |
| 68 | (3)(a) An act shall be deemed "in the course of committing |
| 69 | a robbery by sudden snatching" if the act occurs in an attempt |
| 70 | to commit robbery by sudden snatching or in fleeing after the |
| 71 | attempt or commission. |
| 72 | (b) An act shall be deemed "in the course of the taking or |
| 73 | endeavoring to take" if the act occurs before prior to, |
| 74 | contemporaneous with, or after subsequent to the taking of or |
| 75 | endeavoring to take the property and if the such act and the act |
| 76 | of taking or endeavoring to take constitute a continuous series |
| 77 | of acts or events. |
| 78 | Section 3. Subsections (1) and (3) of section 812.133, |
| 79 | Florida Statutes, are amended to read: |
| 80 | 812.133 Carjacking.-- |
| 81 | (1) "Carjacking" means the taking of or endeavoring to |
| 82 | take a motor vehicle that which may be the subject of larceny |
| 83 | from the person or custody of another, with intent to either |
| 84 | permanently or temporarily deprive the person or the owner of |
| 85 | the motor vehicle, when in the course of the taking or |
| 86 | endeavoring to take there is the use of force, violence, |
| 87 | assault, or putting in fear. |
| 88 | (3)(a) An act shall be deemed "in the course of committing |
| 89 | the carjacking" if it occurs in an attempt to commit carjacking |
| 90 | or in flight after the attempt or commission. |
| 91 | (b) An act shall be deemed "in the course of the taking or |
| 92 | endeavoring to take" if it occurs before either prior to, |
| 93 | contemporaneous with, or after subsequent to the taking of or |
| 94 | endeavoring to take the property and if it and the act of taking |
| 95 | or endeavoring to take constitute a continuous series of acts or |
| 96 | events. |
| 97 | Section 4. For the purpose of incorporating the amendments |
| 98 | to sections 812.13, 812.131, and 812.133, Florida Statutes, in |
| 99 | references thereto, paragraphs (f), (g), (h), and (i) of |
| 100 | subsection (3) of section 921.0022, Florida Statutes, are |
| 101 | reenacted to read: |
| 102 | 921.0022 Criminal Punishment Code; offense severity |
| 103 | ranking chart.-- |
| 104 | (3) OFFENSE SEVERITY RANKING CHART |
| 105 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 106 |
|
| | |
| 107 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 108 |
|
| | | 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
| 109 |
|
| | | 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
| 110 |
|
| | | 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
| 111 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 112 |
|
| | | 775.21(10) | 3rd | Sexual predators; failure to register; failure to renew driver's license or identification card. |
|
| 113 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 114 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 115 |
|
| | | 784.041 | 3rd | Felony battery. |
|
| 116 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 117 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 118 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 119 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 120 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 121 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 122 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 123 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 124 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 125 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 126 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 127 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 128 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 129 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 130 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 131 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 132 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 133 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 134 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 135 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 136 |
|
| | | 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 137 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 138 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 139 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 140 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 141 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 142 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 143 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 144 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 145 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 146 |
|
| | | 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 147 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 148 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 149 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 150 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 151 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 152 |
|
| | | 943.0435(9) | 3rd | Sex offenders; failure to comply with reporting requirements. |
|
| 153 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 154 |
|
| | |
| 155 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 156 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 157 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 158 |
|
| | |
| 159 |
|
| | | 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
| 160 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 161 |
|
| | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 162 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 163 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 164 |
|
| | | 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 165 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 166 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 167 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 168 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 169 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 170 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 171 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 172 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 173 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 174 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 175 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 176 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 177 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 178 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 179 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 180 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 181 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 182 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 183 |
|
| | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 184 |
|
| | | 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 185 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 186 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 187 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 188 |
|
| | | 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 189 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 190 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 191 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 192 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 193 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 194 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 195 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 196 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 197 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 198 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 199 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 200 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 201 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 202 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 203 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 204 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 205 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 206 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 207 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 208 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 209 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 210 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 211 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 212 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 213 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 214 |
|
| | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
| 215 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 216 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 217 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 218 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 219 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 220 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 221 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 222 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 223 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 224 |
|
| | | 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
| 225 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 226 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 227 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 228 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 229 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 230 |
|
| | |
| 231 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 232 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 233 |
|
| | |
| 234 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 235 |
|
| | | 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 236 |
|
| | | 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 237 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 238 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 239 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 240 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 241 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 242 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 243 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 244 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 245 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 246 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 247 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 248 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 249 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 250 |
|
| | |
| 251 |
|
| | | 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 252 |
|
| | | 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 253 |
|
| | | 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 254 |
|
| | | 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
| 255 |
|
| | | 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
| 256 |
|
| | | 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. |
|
| 257 |
|
| | | 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. |
|
| 258 |
|
| | | 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 259 |
|
| | | 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 260 |
|
| | | 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. |
|
| 261 |
|
| | | 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 262 |
|
| | | 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 263 |
|
| | | 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 264 |
|
| | | 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 265 |
|
| | | 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 266 |
|
| | | 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 267 |
|
| | | 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 268 |
|
| | | 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 269 |
|
| | | 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 270 |
|
| | | 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 271 |
|
| | | 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 272 |
|
| | | 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 273 |
|
| | | 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 274 |
|
| | | 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 275 |
|
| | | 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
| 276 |
|
| | | 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 277 |
|
| | | 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 278 |
|
| | | 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 279 |
|
| | | 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 280 |
|
| | | 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 281 |
|
| | | 860.16 | 1st | Aircraft piracy. |
|
| 282 |
|
| | | 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). |
|
| 283 |
|
| | | 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 284 |
|
| | | 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 285 |
|
| | | 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 286 |
|
| | | 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 287 |
|
| | | 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 288 |
|
| | | 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 289 |
|
| | | 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 290 |
|
| | | 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 291 |
|
| | | 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 292 |
|
| | | 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 293 |
|
| | | 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 294 |
|
| | | 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 295 |
|
| | | 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 296 |
|
| | | 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 297 |
|
| | | 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 298 |
|
| | | 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 299 |
|
| | | 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. |
|
| 300 |
|
| | |
| 301 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 302 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 303 |
|
| | | 499.0053 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
|
| 304 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 305 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 306 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 307 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 308 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 309 |
|
| | | 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
|
| 310 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 311 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 312 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 313 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 314 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 315 |
|
| | | 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. |
|
| 316 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 317 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 318 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 319 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 320 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 321 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 322 |
|
| | | 800.04(5)(b) | 1st | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 323 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 324 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 325 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 326 |
|
| | | 817.568(7) | 2nd,PBL | Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. |
|
| 327 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 328 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 329 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 330 |
|
| | | 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. |
|
| 331 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 332 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 333 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 334 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 335 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 336 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 337 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 338 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 339 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 340 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 341 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 342 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 343 |
|
| 344 | Section 5. For the purpose of incorporating the amendments |
| 345 | to sections 812.13, 812.131, and 812.133, Florida Statutes, in |
| 346 | references thereto, paragraph (a) of subsection (5) of section |
| 347 | 1006.13, Florida Statutes, is reenacted to read: |
| 348 | 1006.13 Policy of zero tolerance for crime and |
| 349 | victimization.-- |
| 350 | (5)(a) Notwithstanding any provision of law prohibiting |
| 351 | the disclosure of the identity of a minor, whenever any student |
| 352 | who is attending public school is adjudicated guilty of or |
| 353 | delinquent for, or is found to have committed, regardless of |
| 354 | whether adjudication is withheld, or pleads guilty or nolo |
| 355 | contendere to, a felony violation of: |
| 356 | 1. Chapter 782, relating to homicide; |
| 357 | 2. Chapter 784, relating to assault, battery, and culpable |
| 358 | negligence; |
| 359 | 3. Chapter 787, relating to kidnapping, false |
| 360 | imprisonment, luring or enticing a child, and custody offenses; |
| 361 | 4. Chapter 794, relating to sexual battery; |
| 362 | 5. Chapter 800, relating to lewdness and indecent |
| 363 | exposure; |
| 364 | 6. Chapter 827, relating to abuse of children; |
| 365 | 7. Section 812.13, relating to robbery; |
| 366 | 8. Section 812.131, relating to robbery by sudden |
| 367 | snatching; |
| 368 | 9. Section 812.133, relating to carjacking; or |
| 369 | 10. Section 812.135, relating to home-invasion robbery, |
| 370 |
|
| 371 | and, before or at the time of such adjudication, withholding of |
| 372 | adjudication, or plea, the offender was attending a school |
| 373 | attended by the victim or a sibling of the victim of the |
| 374 | offense, the Department of Juvenile Justice shall notify the |
| 375 | appropriate district school board of the adjudication or plea, |
| 376 | the requirements of this paragraph, and whether the offender is |
| 377 | prohibited from attending that school or riding on a school bus |
| 378 | whenever the victim or a sibling of the victim is attending the |
| 379 | same school or riding on the same school bus, except as provided |
| 380 | pursuant to a written disposition order under s. 985.23(1)(d). |
| 381 | Upon receipt of such notice, the district school board shall |
| 382 | take appropriate action to effectuate the provisions of |
| 383 | paragraph (b). |
| 384 | Section 6. This act shall take effect July 1, 2005. |