Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 174
                        Barcode 502810
                            CHAMBER ACTION
              Senate                               House
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       02/09/2006 09:59 AM         .                    
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11  The Committee on Criminal Justice (Klein) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 812.13, Florida Statutes, is
19  amended to read:
20         812.13  Robbery.--
21         (1)  "Robbery" means the taking of money or other
22  property that which may be the subject of larceny from the
23  person or custody of another, with intent to either
24  permanently or temporarily deprive the person or the owner of
25  the money or other property, when in the course of the taking
26  there is the use of force, violence, assault, or putting in
27  fear.
28         (2)(a)  If in the course of committing the robbery the
29  offender carried a firearm or other deadly weapon, then the
30  robbery is a felony of the first degree, punishable by
31  imprisonment for a term of years not exceeding life
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    3:10 PM   02/02/06                             s0174d-cj30-c8f

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 imprisonment or as provided in s. 775.082, s. 775.083, or s. 2 775.084. 3 (b) If in the course of committing the robbery the 4 offender carried a weapon, or threatened to use a weapon or 5 firearm, then the robbery is a felony of the first degree, 6 punishable as provided in s. 775.082, s. 775.083, or s. 7 775.084. 8 (c) If in the course of committing the robbery the 9 offender carried no firearm, deadly weapon, or other weapon, 10 or did not threaten to use any weapon or firearm, then the 11 robbery is a felony of the second degree, punishable as 12 provided in s. 775.082, s. 775.083, or s. 775.084. 13 (3)(a) An act shall be deemed "in the course of 14 committing the robbery" if it occurs in an attempt to commit 15 robbery or in flight after the attempt or commission. 16 (b) An act shall be deemed "in the course of the 17 taking" if it occurs before either prior to, contemporaneous 18 with, or after subsequent to the taking of the property and if 19 it and the act of taking constitute a continuous series of 20 acts or events. 21 Section 2. For the purpose of incorporating the 22 amendment made by this act to section 812.13, Florida 23 Statutes, in references thereto, paragraphs (f), (h), and (i) 24 of subsection (3) of section 921.0022, Florida Statutes, are 25 reenacted to read: 26 921.0022 Criminal Punishment Code; offense severity 27 ranking chart.-- 28 (3) OFFENSE SEVERITY RANKING CHART 29 30 31 2 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 Florida Felony 2 Statute Degree Description 3 4 5 (f) LEVEL 6 6 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 7 conviction. 8 499.0051(3) 2nd Forgery of pedigree papers. 9 499.0051(4) 2nd Purchase or receipt of legend 10 drug from unauthorized person. 11 499.0051(5) 2nd Sale of legend drug to 12 unauthorized person. 13 775.0875(1) 3rd Taking firearm from law 14 enforcement officer. 15 784.021(1)(a) 3rd Aggravated assault; deadly weapon 16 without intent to kill. 17 784.021(1)(b) 3rd Aggravated assault; intent to 18 commit felony. 19 784.041 3rd Felony battery. 20 784.048(3) 3rd Aggravated stalking; credible 21 threat. 22 784.048(5) 3rd Aggravated stalking of person 23 under 16. 24 784.07(2)(c) 2nd Aggravated assault on law 25 enforcement officer. 26 784.074(1)(b) 2nd Aggravated assault on sexually 27 violent predators facility staff. 28 784.08(2)(b) 2nd Aggravated assault on a person 65 29 years of age or older. 30 784.081(2) 2nd Aggravated assault on specified 31 official or employee. 3 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 784.082(2) 2nd Aggravated assault by detained 2 person on visitor or other 3 detainee. 4 784.083(2) 2nd Aggravated assault on code 5 inspector. 6 787.02(2) 3rd False imprisonment; restraining 7 with purpose other than those in 8 s. 787.01. 9 790.115(2)(d) 2nd Discharging firearm or weapon on 10 school property. 11 790.161(2) 2nd Make, possess, or throw 12 destructive device with intent to 13 do bodily harm or damage 14 property. 15 790.164(1) 2nd False report of deadly explosive, 16 weapon of mass destruction, or 17 act of arson or violence to state 18 property. 19 790.19 2nd Shooting or throwing deadly 20 missiles into dwellings, vessels, 21 or vehicles. 22 794.011(8)(a) 3rd Solicitation of minor to 23 participate in sexual activity by 24 custodial adult. 25 794.05(1) 2nd Unlawful sexual activity with 26 specified minor. 27 800.04(5)(d) 3rd Lewd or lascivious molestation; 28 victim 12 years of age or older 29 but less than 16 years; offender 30 less than 18 years. 31 4 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 800.04(6)(b) 2nd Lewd or lascivious conduct; 2 offender 18 years of age or 3 older. 4 806.031(2) 2nd Arson resulting in great bodily 5 harm to firefighter or any other 6 person. 7 810.02(3)(c) 2nd Burglary of occupied structure; 8 unarmed; no assault or battery. 9 812.014(2)(b)1. 2nd Property stolen $20,000 or more, 10 but less than $100,000, grand 11 theft in 2nd degree. 12 812.015(9) 2nd Retail theft; property stolen 13 $300 or more; second or 14 subsequent conviction. 15 812.13(2)(c) 2nd Robbery, no firearm or other 16 weapon (strong-arm robbery). 17 817.034(4)(a)1. 1st Communications fraud, value 18 greater than $50,000. 19 817.4821(5) 2nd Possess cloning paraphernalia 20 with intent to create cloned 21 cellular telephones. 22 825.102(1) 3rd Abuse of an elderly person or 23 disabled adult. 24 825.102(3)(c) 3rd Neglect of an elderly person or 25 disabled adult. 26 825.1025(3) 3rd Lewd or lascivious molestation of 27 an elderly person or disabled 28 adult. 29 825.103(2)(c) 3rd Exploiting an elderly person or 30 disabled adult and property is 31 valued at less than $20,000. 5 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 827.03(1) 3rd Abuse of a child. 2 827.03(3)(c) 3rd Neglect of a child. 3 827.071(2)&(3) 2nd Use or induce a child in a sexual 4 performance, or promote or direct 5 such performance. 6 836.05 2nd Threats; extortion. 7 836.10 2nd Written threats to kill or do 8 bodily injury. 9 843.12 3rd Aids or assists person to escape. 10 847.0135(2) 3rd Facilitates sexual conduct of or 11 with a minor or the visual 12 depiction of such conduct. 13 914.23 2nd Retaliation against a witness, 14 victim, or informant, with bodily 15 injury. 16 944.35(3)(a)2. 3rd Committing malicious battery upon 17 or inflicting cruel or inhuman 18 treatment on an inmate or 19 offender on community 20 supervision, resulting in great 21 bodily harm. 22 944.40 2nd Escapes. 23 944.46 3rd Harboring, concealing, aiding 24 escaped prisoners. 25 944.47(1)(a)5. 2nd Introduction of contraband 26 (firearm, weapon, or explosive) 27 into correctional facility. 28 951.22(1) 3rd Intoxicating drug, firearm, or 29 weapon introduced into county 30 facility. 31 (h) LEVEL 8 6 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 316.193 2 (3)(c)3.a. 2nd DUI manslaughter. 3 316.1935(4)(b) 1st Aggravated fleeing or attempted 4 eluding with serious bodily 5 injury or death. 6 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 7 499.0051(7) 1st Forgery of prescription or legend 8 drug labels. 9 499.0052 1st Trafficking in contraband legend 10 drugs. 11 560.123(8)(b)2. 2nd Failure to report currency or 12 payment instruments totaling or 13 exceeding $20,000, but less than 14 $100,000 by money transmitter. 15 560.125(5)(b) 2nd Money transmitter business by 16 unauthorized person, currency or 17 payment instruments totaling or 18 exceeding $20,000, but less than 19 $100,000. 20 655.50(10)(b)2. 2nd Failure to report financial 21 transactions totaling or 22 exceeding $20,000, but less than 23 $100,000 by financial 24 institutions. 25 777.03(2)(a) 1st Accessory after the fact, capital 26 felony. 27 782.04(4) 2nd Killing of human without design 28 when engaged in act or attempt of 29 any felony other than arson, 30 sexual battery, robbery, 31 burglary, kidnapping, aircraft 7 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 piracy, or unlawfully discharging 2 bomb. 3 782.051(2) 1st Attempted felony murder while 4 perpetrating or attempting to 5 perpetrate a felony not 6 enumerated in s. 782.04(3). 7 782.071(1)(b) 1st Committing vehicular homicide and 8 failing to render aid or give 9 information. 10 782.072(2) 1st Committing vessel homicide and 11 failing to render aid or give 12 information. 13 790.161(3) 1st Discharging a destructive device 14 which results in bodily harm or 15 property damage. 16 794.011(5) 2nd Sexual battery, victim 12 years 17 or over, offender does not use 18 physical force likely to cause 19 serious injury. 20 800.04(4) 2nd Lewd or lascivious battery. 21 806.01(1) 1st Maliciously damage dwelling or 22 structure by fire or explosive, 23 believing person in structure. 24 810.02(2)(a) 1st,PBL Burglary with assault or battery. 25 810.02(2)(b) 1st,PBL Burglary; armed with explosives 26 or dangerous weapon. 27 810.02(2)(c) 1st Burglary of a dwelling or 28 structure causing structural 29 damage or $1,000 or more property 30 damage. 31 8 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 812.014(2)(a)2. 1st Property stolen; cargo valued at 2 $50,000 or more, grand theft in 3 1st degree. 4 812.13(2)(b) 1st Robbery with a weapon. 5 812.135(2)(c) 1st Home-invasion robbery, no 6 firearm, deadly weapon, or other 7 weapon. 8 817.568(6) 2nd Fraudulent use of personal 9 identification information of an 10 individual under the age of 18. 11 825.102(2) 2nd Aggravated abuse of an elderly 12 person or disabled adult. 13 825.1025(2) 2nd Lewd or lascivious battery upon 14 an elderly person or disabled 15 adult. 16 825.103(2)(a) 1st Exploiting an elderly person or 17 disabled adult and property is 18 valued at $100,000 or more. 19 837.02(2) 2nd Perjury in official proceedings 20 relating to prosecution of a 21 capital felony. 22 837.021(2) 2nd Making contradictory statements 23 in official proceedings relating 24 to prosecution of a capital 25 felony. 26 860.121(2)(c) 1st Shooting at or throwing any 27 object in path of railroad 28 vehicle resulting in great bodily 29 harm. 30 860.16 1st Aircraft piracy. 31 9 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 893.13(1)(b) 1st Sell or deliver in excess of 10 2 grams of any substance specified 3 in s. 893.03(1)(a) or (b). 4 893.13(2)(b) 1st Purchase in excess of 10 grams of 5 any substance specified in s. 6 893.03(1)(a) or (b). 7 893.13(6)(c) 1st Possess in excess of 10 grams of 8 any substance specified in s. 9 893.03(1)(a) or (b). 10 893.135(1)(a)2. 1st Trafficking in cannabis, more 11 than 2,000 lbs., less than 10,000 12 lbs. 13 893.135 14 (1)(b)1.b. 1st Trafficking in cocaine, more than 15 200 grams, less than 400 grams. 16 893.135 17 (1)(c)1.b. 1st Trafficking in illegal drugs, 18 more than 14 grams, less than 28 19 grams. 20 893.135 21 (1)(d)1.b. 1st Trafficking in phencyclidine, 22 more than 200 grams, less than 23 400 grams. 24 893.135 25 (1)(e)1.b. 1st Trafficking in methaqualone, more 26 than 5 kilograms, less than 25 27 kilograms. 28 893.135 29 (1)(f)1.b. 1st Trafficking in amphetamine, more 30 than 28 grams, less than 200 31 grams. 10 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 893.135 2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 3 grams or more, less than 28 4 grams. 5 893.135 6 (1)(h)1.b. 1st Trafficking in 7 gamma-hydroxybutyric acid (GHB), 8 5 kilograms or more, less than 10 9 kilograms. 10 893.135 11 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 12 kilograms or more, less than 10 13 kilograms. 14 893.135 15 (1)(k)2.b. 1st Trafficking in Phenethylamines, 16 200 grams or more, less than 400 17 grams. 18 895.03(1) 1st Use or invest proceeds derived 19 from pattern of racketeering 20 activity. 21 895.03(2) 1st Acquire or maintain through 22 racketeering activity any 23 interest in or control of any 24 enterprise or real property. 25 895.03(3) 1st Conduct or participate in any 26 enterprise through pattern of 27 racketeering activity. 28 896.101(5)(b) 2nd Money laundering, financial 29 transactions totaling or 30 exceeding $20,000, but less than 31 $100,000. 11 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 896.104(4)(a)2. 2nd Structuring transactions to evade 2 reporting or registration 3 requirements, financial 4 transactions totaling or 5 exceeding $20,000 but less than 6 $100,000. 7 (i) LEVEL 9 8 316.193 9 (3)(c)3.b. 1st DUI manslaughter; failing to 10 render aid or give information. 11 327.35(3)(c)3.b. 1st BUI manslaughter; failing to 12 render aid or give information. 13 499.00535 1st Sale or purchase of contraband 14 legend drugs resulting in great 15 bodily harm. 16 560.123(8)(b)3. 1st Failure to report currency or 17 payment instruments totaling or 18 exceeding $100,000 by money 19 transmitter. 20 560.125(5)(c) 1st Money transmitter business by 21 unauthorized person, currency, or 22 payment instruments totaling or 23 exceeding $100,000. 24 655.50(10)(b)3. 1st Failure to report financial 25 transactions totaling or 26 exceeding $100,000 by financial 27 institution. 28 775.0844 1st Aggravated white collar crime. 29 782.04(1) 1st Attempt, conspire, or solicit to 30 commit premeditated murder. 31 12 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 782.04(3) 1st,PBL Accomplice to murder in 2 connection with arson, sexual 3 battery, robbery, burglary, and 4 other specified felonies. 5 782.051(1) 1st Attempted felony murder while 6 perpetrating or attempting to 7 perpetrate a felony enumerated in 8 s. 782.04(3). 9 782.07(2) 1st Aggravated manslaughter of an 10 elderly person or disabled adult. 11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or 12 reward or as a shield or hostage. 13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit 14 or facilitate commission of any 15 felony. 16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to 17 interfere with performance of any 18 governmental or political 19 function. 20 787.02(3)(a) 1st False imprisonment; child under 21 age 13; perpetrator also commits 22 aggravated child abuse, sexual 23 battery, or lewd or lascivious 24 battery, molestation, conduct, or 25 exhibition. 26 790.161 1st Attempted capital destructive 27 device offense. 28 790.166(2) 1st,PBL Possessing, selling, using, or 29 attempting to use a weapon of 30 mass destruction. 31 13 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 794.011(2) 1st Attempted sexual battery; victim 2 less than 12 years of age. 3 794.011(2) Life Sexual battery; offender younger 4 than 18 years and commits sexual 5 battery on a person less than 12 6 years. 7 794.011(4) 1st Sexual battery; victim 12 years 8 or older, certain circumstances. 9 794.011(8)(b) 1st Sexual battery; engage in sexual 10 conduct with minor 12 to 18 years 11 by person in familial or 12 custodial authority. 13 800.04(5)(b) Life Lewd or lascivious molestation; 14 victim less than 12 years; 15 offender 18 years or older. 16 812.13(2)(a) 1st,PBL Robbery with firearm or other 17 deadly weapon. 18 812.133(2)(a) 1st,PBL Carjacking; firearm or other 19 deadly weapon. 20 812.135(2)(b) 1st Home-invasion robbery with 21 weapon. 22 817.568(7) 2nd,PBL Fraudulent use of personal 23 identification information of an 24 individual under the age of 18 by 25 his or her parent, legal 26 guardian, or person exercising 27 custodial authority. 28 827.03(2) 1st Aggravated child abuse. 29 847.0145(1) 1st Selling, or otherwise 30 transferring custody or control, 31 of a minor. 14 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 847.0145(2) 1st Purchasing, or otherwise 2 obtaining custody or control, of 3 a minor. 4 859.01 1st Poisoning or introducing 5 bacteria, radioactive materials, 6 viruses, or chemical compounds 7 into food, drink, medicine, or 8 water with intent to kill or 9 injure another person. 10 893.135 1st Attempted capital trafficking 11 offense. 12 893.135(1)(a)3. 1st Trafficking in cannabis, more 13 than 10,000 lbs. 14 893.135 15 (1)(b)1.c. 1st Trafficking in cocaine, more than 16 400 grams, less than 150 17 kilograms. 18 893.135 19 (1)(c)1.c. 1st Trafficking in illegal drugs, 20 more than 28 grams, less than 30 21 kilograms. 22 893.135 23 (1)(d)1.c. 1st Trafficking in phencyclidine, 24 more than 400 grams. 25 893.135 26 (1)(e)1.c. 1st Trafficking in methaqualone, more 27 than 25 kilograms. 28 893.135 29 (1)(f)1.c. 1st Trafficking in amphetamine, more 30 than 200 grams. 31 15 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 893.135 2 (1)(h)1.c. 1st Trafficking in 3 gamma-hydroxybutyric acid (GHB), 4 10 kilograms or more. 5 893.135 6 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 7 kilograms or more. 8 893.135 9 (1)(k)2.c. 1st Trafficking in Phenethylamines, 10 400 grams or more. 11 896.101(5)(c) 1st Money laundering, financial 12 instruments totaling or exceeding 13 $100,000. 14 896.104(4)(a)3. 1st Structuring transactions to evade 15 reporting or registration 16 requirements, financial 17 transactions totaling or 18 exceeding $100,000. 19 Section 3. This act shall take effect October 1, 2006. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 Delete everything before the enacting clause 25 26 and insert: 27 A bill to be entitled 28 An act relating to theft of property; amending 29 s. 812.13, F.S.; providing that if an offender 30 threatens to use a weapon or firearm during the 31 course of a robbery, the offender commits a 16 3:10 PM 02/02/06 s0174d-cj30-c8f
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 174 Barcode 502810 1 felony of the first degree; providing for 2 penalties; reenacting s. 921.0022(3), (f), (h), 3 and (i), F.S., relating to the offense severity 4 ranking chart of the Criminal Punishment Code, 5 to incorporate the amendment to s. 812.13, 6 F.S., in references thereto; providing an 7 effective date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 3:10 PM 02/02/06 s0174d-cj30-c8f