Senate Bill sb0174
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Florida Senate - 2006 (Corrected Copy) SB 174
By Senator Rich
34-152-06
1 A bill to be entitled
2 An act relating to theft of property; amending
3 s. 812.13, F.S.; redefining the term "robbery"
4 to include the unlawful endeavoring to take
5 property; providing that if an offender
6 threatens to use a weapon or firearm during the
7 course of a robbery, the offender commits a
8 felony of the first degree; providing for
9 penalties; amending ss. 812.131 and 812.133,
10 F.S.; redefining the terms "robbery by sudden
11 snatching" and "carjacking" to include the
12 unlawful endeavoring to take property;
13 reenacting s. 921.0022(3)(e), (f), (g), (h),
14 and (i), F.S., relating to the offense severity
15 ranking chart of the Criminal Punishment Code,
16 to incorporate the amendments to ss. 812.13,
17 812.131, and 812.133, F.S., in references
18 thereto; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 812.13, Florida Statutes, is
23 amended to read:
24 812.13 Robbery.--
25 (1) "Robbery" means the taking of or endeavoring to
26 take money or other property that which may be the subject of
27 larceny from the person or custody of another, with intent to
28 either permanently or temporarily deprive the person or the
29 owner of the money or other property, when in the course of
30 the taking or endeavoring to take there is the use of force,
31 violence, assault, or putting in fear.
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1 (2)(a) If in the course of committing the robbery the
2 offender carried a firearm or other deadly weapon, then the
3 robbery is a felony of the first degree, punishable by
4 imprisonment for a term of years not exceeding life
5 imprisonment or as provided in s. 775.082, s. 775.083, or s.
6 775.084.
7 (b) If in the course of committing the robbery the
8 offender carried a weapon, or threatened to use a weapon or
9 firearm, then the robbery is a felony of the first degree,
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084.
12 (c) If in the course of committing the robbery the
13 offender carried no firearm, deadly weapon, or other weapon,
14 or did not threaten to use any weapon or firearm, then the
15 robbery is a felony of the second degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 (3)(a) An act shall be deemed "in the course of
18 committing the robbery" if it occurs in an attempt to commit
19 robbery or in flight after the attempt or commission.
20 (b) An act shall be deemed "in the course of the
21 taking or endeavoring to take" if it occurs before either
22 prior to, contemporaneous with, or after subsequent to the
23 taking of or endeavoring to take the property and if it and
24 the act of taking or endeavoring to take constitute a
25 continuous series of acts or events.
26 Section 2. Section 812.131, Florida Statutes, is
27 amended to read:
28 812.131 Robbery by sudden snatching.--
29 (1) "Robbery by sudden snatching" means the taking of
30 or endeavoring to take money or other property from the
31 victim's person, with intent to permanently or temporarily
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1 deprive the victim or the owner of the money or other
2 property, when, in the course of the taking of or endeavoring
3 to take, the victim was or became aware of the taking or
4 endeavoring to take. In order to satisfy this definition, it
5 is not necessary to show that:
6 (a) The offender used any amount of force beyond that
7 effort necessary to obtain possession of the money or other
8 property; or
9 (b) There was any resistance offered by the victim to
10 the offender or that there was injury to the victim's person.
11 (2)(a) If, in the course of committing a robbery by
12 sudden snatching, the offender carried a firearm or other
13 deadly weapon, the robbery by sudden snatching is a felony of
14 the second degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084.
16 (b) If, in the course of committing a robbery by
17 sudden snatching, the offender carried no firearm or other
18 deadly weapon, the robbery by sudden snatching is a felony of
19 the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (3)(a) An act shall be deemed "in the course of
22 committing a robbery by sudden snatching" if the act occurs in
23 an attempt to commit robbery by sudden snatching or in fleeing
24 after the attempt or commission.
25 (b) An act shall be deemed "in the course of the
26 taking or endeavoring to take" if the act occurs before prior
27 to, contemporaneous with, or after subsequent to the taking of
28 or endeavoring to take the property and if the such act and
29 the act of taking or endeavoring to take constitute a
30 continuous series of acts or events.
31
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1 Section 3. Section 812.133, Florida Statutes, is
2 amended to read:
3 812.133 Carjacking.--
4 (1) "Carjacking" means the taking of or endeavoring to
5 take a motor vehicle that which may be the subject of larceny
6 from the person or custody of another, with intent to either
7 permanently or temporarily deprive the person or the owner of
8 the motor vehicle, when in the course of the taking or
9 endeavoring to take there is the use of force, violence,
10 assault, or putting in fear.
11 (2)(a) If in the course of committing the carjacking
12 the offender carried a firearm or other deadly weapon, then
13 the carjacking is a felony of the first degree, punishable by
14 imprisonment for a term of years not exceeding life
15 imprisonment or as provided in s. 775.082, s. 775.083, or s.
16 775.084.
17 (b) If in the course of committing the carjacking the
18 offender carried no firearm, deadly weapon, or other weapon,
19 then the carjacking is a felony of the first degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 (3)(a) An act shall be deemed "in the course of
23 committing the carjacking" if it occurs in an attempt to
24 commit carjacking or in flight after the attempt or
25 commission.
26 (b) An act shall be deemed "in the course of the
27 taking or endeavoring to take" if it occurs before either
28 prior to, contemporaneous with, or after subsequent to the
29 taking of or endeavoring to take the property and if it and
30 the act of taking or endeavoring to take constitute a
31 continuous series of acts or events.
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1 Section 4. For the purpose of incorporating the
2 amendments made by this act to sections 812.13, 812.131, and
3 812.133, Florida Statutes, in references thereto, paragraphs
4 (e), (f), (g), (h), and (i) of subsection (3) of section
5 921.0022, Florida Statutes, are reenacted to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9
10 Florida Felony
11 Statute Degree Description
12
13
14 (e) LEVEL 5
15 316.027(1)(a) 3rd Accidents involving personal
16 injuries, failure to stop;
17 leaving scene.
18 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
19 322.34(6) 3rd Careless operation of motor
20 vehicle with suspended license,
21 resulting in death or serious
22 bodily injury.
23 327.30(5) 3rd Vessel accidents involving
24 personal injury; leaving scene.
25 381.0041
26 (11)(b) 3rd Donate blood, plasma, or organs
27 knowing HIV positive.
28 440.10(1)(g) 2nd Failure to obtain workers'
29 compensation coverage.
30
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1 440.105(5) 2nd Unlawful solicitation for the
2 purpose of making workers'
3 compensation claims.
4 440.381(2) 2nd Submission of false, misleading,
5 or incomplete information with
6 the purpose of avoiding or
7 reducing workers' compensation
8 premiums.
9 624.401(4)(b)2. 2nd Transacting insurance without a
10 certificate or authority; premium
11 collected $20,000 or more but
12 less than $100,000.
13 626.902(1)(c) 2nd Representing an unauthorized
14 insurer; repeat offender.
15 790.01(2) 3rd Carrying a concealed firearm.
16 790.162 2nd Threat to throw or discharge
17 destructive device.
18 790.163(1) 2nd False report of deadly explosive
19 or weapon of mass destruction.
20 790.221(1) 2nd Possession of short-barreled
21 shotgun or machine gun.
22 790.23 2nd Felons in possession of firearms,
23 ammunition, or electronic weapons
24 or devices.
25 800.04(6)(c) 3rd Lewd or lascivious conduct;
26 offender less than 18 years.
27 800.04(7)(c) 2nd Lewd or lascivious exhibition;
28 offender 18 years or older.
29 806.111(1) 3rd Possess, manufacture, or dispense
30 fire bomb with intent to damage
31 any structure or property.
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1 812.0145(2)(b) 2nd Theft from person 65 years of age
2 or older; $10,000 or more but
3 less than $50,000.
4 812.015(8) 3rd Retail theft; property stolen is
5 valued at $300 or more and one or
6 more specified acts.
7 812.019(1) 2nd Stolen property; dealing in or
8 trafficking in.
9 812.131(2)(b) 3rd Robbery by sudden snatching.
10 812.16(2) 3rd Owning, operating, or conducting
11 a chop shop.
12 817.034(4)(a)2. 2nd Communications fraud, value
13 $20,000 to $50,000.
14 817.234(11)(b) 2nd Insurance fraud; property value
15 $20,000 or more but less than
16 $100,000.
17 817.2341(1),
18 (2)(a)&(3)(a) 3rd Filing false financial
19 statements, making false entries
20 of material fact or false
21 statements regarding property
22 values relating to the solvency
23 of an insuring entity.
24 817.568(2)(b) 2nd Fraudulent use of personal
25 identification information; value
26 of benefit, services received,
27 payment avoided, or amount of
28 injury or fraud, $5,000 or more
29 or use of personal identification
30 information of 10 or more
31 individuals.
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1 817.625(2)(b) 2nd Second or subsequent fraudulent
2 use of scanning device or
3 reencoder.
4 825.1025(4) 3rd Lewd or lascivious exhibition in
5 the presence of an elderly person
6 or disabled adult.
7 827.071(4) 2nd Possess with intent to promote
8 any photographic material, motion
9 picture, etc., which includes
10 sexual conduct by a child.
11 827.071(5) 3rd Possess any photographic
12 material, motion picture, etc.,
13 which includes sexual conduct by
14 a child.
15 839.13(2)(b) 2nd Falsifying records of an
16 individual in the care and
17 custody of a state agency
18 involving great bodily harm or
19 death.
20 843.01 3rd Resist officer with violence to
21 person; resist arrest with
22 violence.
23 847.0137(2)&(3) 3rd Transmission of pornography by
24 electronic device or equipment.
25 847.0138(2)&(3) 3rd Transmission of material harmful
26 to minors to a minor by
27 electronic device or equipment.
28 874.05(2) 2nd Encouraging or recruiting another
29 to join a criminal street gang;
30 second or subsequent offense.
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1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs) within 1,000
12 feet of a child care facility,
13 school, or state, county, or
14 municipal park or publicly owned
15 recreational facility or
16 community center.
17 893.13(1)(d)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), (2)(b), or (2)(c)4.
21 drugs) within 1,000 feet of
22 university.
23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
24 cannabis or other drug prohibited
25 under s. 893.03(1)(c), (2)(c)1.,
26 (2)(c)2., (2)(c)3., (2)(c)5.,
27 (2)(c)6., (2)(c)7., (2)(c)8.,
28 (2)(c)9., (3), or (4) within
29 1,000 feet of property used for
30 religious services or a specified
31 business site.
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 1,000 feet of
6 public housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 (f) LEVEL 6
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 499.0051(3) 2nd Forgery of pedigree papers.
16 499.0051(4) 2nd Purchase or receipt of legend
17 drug from unauthorized person.
18 499.0051(5) 2nd Sale of legend drug to
19 unauthorized person.
20 775.0875(1) 3rd Taking firearm from law
21 enforcement officer.
22 784.021(1)(a) 3rd Aggravated assault; deadly weapon
23 without intent to kill.
24 784.021(1)(b) 3rd Aggravated assault; intent to
25 commit felony.
26 784.041 3rd Felony battery.
27 784.048(3) 3rd Aggravated stalking; credible
28 threat.
29 784.048(5) 3rd Aggravated stalking of person
30 under 16.
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1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.074(1)(b) 2nd Aggravated assault on sexually
4 violent predators facility staff.
5 784.08(2)(b) 2nd Aggravated assault on a person 65
6 years of age or older.
7 784.081(2) 2nd Aggravated assault on specified
8 official or employee.
9 784.082(2) 2nd Aggravated assault by detained
10 person on visitor or other
11 detainee.
12 784.083(2) 2nd Aggravated assault on code
13 inspector.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive,
24 weapon of mass destruction, or
25 act of arson or violence to state
26 property.
27 790.19 2nd Shooting or throwing deadly
28 missiles into dwellings, vessels,
29 or vehicles.
30
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1 794.011(8)(a) 3rd Solicitation of minor to
2 participate in sexual activity by
3 custodial adult.
4 794.05(1) 2nd Unlawful sexual activity with
5 specified minor.
6 800.04(5)(d) 3rd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 less than 18 years.
10 800.04(6)(b) 2nd Lewd or lascivious conduct;
11 offender 18 years of age or
12 older.
13 806.031(2) 2nd Arson resulting in great bodily
14 harm to firefighter or any other
15 person.
16 810.02(3)(c) 2nd Burglary of occupied structure;
17 unarmed; no assault or battery.
18 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
19 but less than $100,000, grand
20 theft in 2nd degree.
21 812.015(9) 2nd Retail theft; property stolen
22 $300 or more; second or
23 subsequent conviction.
24 812.13(2)(c) 2nd Robbery, no firearm or other
25 weapon (strong-arm robbery).
26 817.034(4)(a)1. 1st Communications fraud, value
27 greater than $50,000.
28 817.4821(5) 2nd Possess cloning paraphernalia
29 with intent to create cloned
30 cellular telephones.
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1 825.102(1) 3rd Abuse of an elderly person or
2 disabled adult.
3 825.102(3)(c) 3rd Neglect of an elderly person or
4 disabled adult.
5 825.1025(3) 3rd Lewd or lascivious molestation of
6 an elderly person or disabled
7 adult.
8 825.103(2)(c) 3rd Exploiting an elderly person or
9 disabled adult and property is
10 valued at less than $20,000.
11 827.03(1) 3rd Abuse of a child.
12 827.03(3)(c) 3rd Neglect of a child.
13 827.071(2)&(3) 2nd Use or induce a child in a sexual
14 performance, or promote or direct
15 such performance.
16 836.05 2nd Threats; extortion.
17 836.10 2nd Written threats to kill or do
18 bodily injury.
19 843.12 3rd Aids or assists person to escape.
20 847.0135(2) 3rd Facilitates sexual conduct of or
21 with a minor or the visual
22 depiction of such conduct.
23 914.23 2nd Retaliation against a witness,
24 victim, or informant, with bodily
25 injury.
26 944.35(3)(a)2. 3rd Committing malicious battery upon
27 or inflicting cruel or inhuman
28 treatment on an inmate or
29 offender on community
30 supervision, resulting in great
31 bodily harm.
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1 944.40 2nd Escapes.
2 944.46 3rd Harboring, concealing, aiding
3 escaped prisoners.
4 944.47(1)(a)5. 2nd Introduction of contraband
5 (firearm, weapon, or explosive)
6 into correctional facility.
7 951.22(1) 3rd Intoxicating drug, firearm, or
8 weapon introduced into county
9 facility.
10 (g) LEVEL 7
11 316.027(1)(b) 2nd Accident involving death, failure
12 to stop; leaving scene.
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 316.1935(3)(b) 1st Causing serious bodily injury or
16 death to another person; driving
17 at high speed or with wanton
18 disregard for safety while
19 fleeing or attempting to elude
20 law enforcement officer who is in
21 a patrol vehicle with siren and
22 lights activated.
23 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
24 bodily injury.
25 402.319(2) 2nd Misrepresentation and negligence
26 or intentional act resulting in
27 great bodily harm, permanent
28 disfiguration, permanent
29 disability, or death.
30 409.920(2) 3rd Medicaid provider fraud.
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1 456.065(2) 3rd Practicing a health care
2 profession without a license.
3 456.065(2) 2nd Practicing a health care
4 profession without a license
5 which results in serious bodily
6 injury.
7 458.327(1) 3rd Practicing medicine without a
8 license.
9 459.013(1) 3rd Practicing osteopathic medicine
10 without a license.
11 460.411(1) 3rd Practicing chiropractic medicine
12 without a license.
13 461.012(1) 3rd Practicing podiatric medicine
14 without a license.
15 462.17 3rd Practicing naturopathy without a
16 license.
17 463.015(1) 3rd Practicing optometry without a
18 license.
19 464.016(1) 3rd Practicing nursing without a
20 license.
21 465.015(2) 3rd Practicing pharmacy without a
22 license.
23 466.026(1) 3rd Practicing dentistry or dental
24 hygiene without a license.
25 467.201 3rd Practicing midwifery without a
26 license.
27 468.366 3rd Delivering respiratory care
28 services without a license.
29 483.828(1) 3rd Practicing as clinical laboratory
30 personnel without a license.
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1 483.901(9) 3rd Practicing medical physics
2 without a license.
3 484.013(1)(c) 3rd Preparing or dispensing optical
4 devices without a prescription.
5 484.053 3rd Dispensing hearing aids without a
6 license.
7 494.0018(2) 1st Conviction of any violation of
8 ss. 494.001-494.0077 in which the
9 total money and property
10 unlawfully obtained exceeded
11 $50,000 and there were five or
12 more victims.
13 560.123(8)(b)1. 3rd Failure to report currency or
14 payment instruments exceeding
15 $300 but less than $20,000 by
16 money transmitter.
17 560.125(5)(a) 3rd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments exceeding
20 $300 but less than $20,000.
21 655.50(10)(b)1. 3rd Failure to report financial
22 transactions exceeding $300 but
23 less than $20,000 by financial
24 institution.
25 775.21(10)(a) 3rd Sexual predator; failure to
26 register; failure to renew
27 driver's license or
28 identification card; other
29 registration violations.
30 775.21(10)(b) 3rd Sexual predator working where
31 children regularly congregate.
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1 775.21(10)(g) 3rd Failure to report or providing
2 false information about a sexual
3 predator; harbor or conceal a
4 sexual predator.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.014(2)(b)2. 2nd Property stolen, cargo valued at
28 less than $50,000, grand theft in
29 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 847.0135(3) 3rd Solicitation of a child, via a
25 computer service, to commit an
26 unlawful sex act.
27 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 943.0435(4)(c) 2nd Sexual offender vacating
7 permanent residence; failure to
8 comply with reporting
9 requirements.
10 943.0435(8) 2nd Sexual offender; remains in state
11 after indicating intent to leave;
12 failure to comply with reporting
13 requirements.
14 943.0435(9)(a) 3rd Sexual offender; failure to
15 comply with reporting
16 requirements.
17 943.0435(13) 3rd Failure to report or providing
18 false information about a sexual
19 offender; harbor or conceal a
20 sexual offender.
21 943.0435(14) 3rd Sexual offender; failure to
22 report and reregister; failure to
23 respond to address verification.
24 944.607(9) 3rd Sexual offender; failure to
25 comply with reporting
26 requirements.
27 944.607(10)(a) 3rd Sexual offender; failure to
28 submit to the taking of a
29 digitized photograph.
30
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1 944.607(12) 3rd Failure to report or providing
2 false information about a sexual
3 offender; harbor or conceal a
4 sexual offender.
5 944.607(13) 3rd Sexual offender; failure to
6 report and reregister; failure to
7 respond to address verification.
8 (h) LEVEL 8
9 316.193
10 (3)(c)3.a. 2nd DUI manslaughter.
11 316.1935(4)(b) 1st Aggravated fleeing or attempted
12 eluding with serious bodily
13 injury or death.
14 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
15 499.0051(7) 1st Forgery of prescription or legend
16 drug labels.
17 499.0052 1st Trafficking in contraband legend
18 drugs.
19 560.123(8)(b)2. 2nd Failure to report currency or
20 payment instruments totaling or
21 exceeding $20,000, but less than
22 $100,000 by money transmitter.
23 560.125(5)(b) 2nd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments totaling or
26 exceeding $20,000, but less than
27 $100,000.
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1 655.50(10)(b)2. 2nd Failure to report financial
2 transactions totaling or
3 exceeding $20,000, but less than
4 $100,000 by financial
5 institutions.
6 777.03(2)(a) 1st Accessory after the fact, capital
7 felony.
8 782.04(4) 2nd Killing of human without design
9 when engaged in act or attempt of
10 any felony other than arson,
11 sexual battery, robbery,
12 burglary, kidnapping, aircraft
13 piracy, or unlawfully discharging
14 bomb.
15 782.051(2) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony not
18 enumerated in s. 782.04(3).
19 782.071(1)(b) 1st Committing vehicular homicide and
20 failing to render aid or give
21 information.
22 782.072(2) 1st Committing vessel homicide and
23 failing to render aid or give
24 information.
25 790.161(3) 1st Discharging a destructive device
26 which results in bodily harm or
27 property damage.
28 794.011(5) 2nd Sexual battery, victim 12 years
29 or over, offender does not use
30 physical force likely to cause
31 serious injury.
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1 800.04(4) 2nd Lewd or lascivious battery.
2 806.01(1) 1st Maliciously damage dwelling or
3 structure by fire or explosive,
4 believing person in structure.
5 810.02(2)(a) 1st,PBL Burglary with assault or battery.
6 810.02(2)(b) 1st,PBL Burglary; armed with explosives
7 or dangerous weapon.
8 810.02(2)(c) 1st Burglary of a dwelling or
9 structure causing structural
10 damage or $1,000 or more property
11 damage.
12 812.014(2)(a)2. 1st Property stolen; cargo valued at
13 $50,000 or more, grand theft in
14 1st degree.
15 812.13(2)(b) 1st Robbery with a weapon.
16 812.135(2)(c) 1st Home-invasion robbery, no
17 firearm, deadly weapon, or other
18 weapon.
19 817.568(6) 2nd Fraudulent use of personal
20 identification information of an
21 individual under the age of 18.
22 825.102(2) 2nd Aggravated abuse of an elderly
23 person or disabled adult.
24 825.1025(2) 2nd Lewd or lascivious battery upon
25 an elderly person or disabled
26 adult.
27 825.103(2)(a) 1st Exploiting an elderly person or
28 disabled adult and property is
29 valued at $100,000 or more.
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1 837.02(2) 2nd Perjury in official proceedings
2 relating to prosecution of a
3 capital felony.
4 837.021(2) 2nd Making contradictory statements
5 in official proceedings relating
6 to prosecution of a capital
7 felony.
8 860.121(2)(c) 1st Shooting at or throwing any
9 object in path of railroad
10 vehicle resulting in great bodily
11 harm.
12 860.16 1st Aircraft piracy.
13 893.13(1)(b) 1st Sell or deliver in excess of 10
14 grams of any substance specified
15 in s. 893.03(1)(a) or (b).
16 893.13(2)(b) 1st Purchase in excess of 10 grams of
17 any substance specified in s.
18 893.03(1)(a) or (b).
19 893.13(6)(c) 1st Possess in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.135(1)(a)2. 1st Trafficking in cannabis, more
23 than 2,000 lbs., less than 10,000
24 lbs.
25 893.135
26 (1)(b)1.b. 1st Trafficking in cocaine, more than
27 200 grams, less than 400 grams.
28 893.135
29 (1)(c)1.b. 1st Trafficking in illegal drugs,
30 more than 14 grams, less than 28
31 grams.
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1 893.135
2 (1)(d)1.b. 1st Trafficking in phencyclidine,
3 more than 200 grams, less than
4 400 grams.
5 893.135
6 (1)(e)1.b. 1st Trafficking in methaqualone, more
7 than 5 kilograms, less than 25
8 kilograms.
9 893.135
10 (1)(f)1.b. 1st Trafficking in amphetamine, more
11 than 28 grams, less than 200
12 grams.
13 893.135
14 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
15 grams or more, less than 28
16 grams.
17 893.135
18 (1)(h)1.b. 1st Trafficking in
19 gamma-hydroxybutyric acid (GHB),
20 5 kilograms or more, less than 10
21 kilograms.
22 893.135
23 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
24 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(k)2.b. 1st Trafficking in Phenethylamines,
28 200 grams or more, less than 400
29 grams.
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1 895.03(1) 1st Use or invest proceeds derived
2 from pattern of racketeering
3 activity.
4 895.03(2) 1st Acquire or maintain through
5 racketeering activity any
6 interest in or control of any
7 enterprise or real property.
8 895.03(3) 1st Conduct or participate in any
9 enterprise through pattern of
10 racketeering activity.
11 896.101(5)(b) 2nd Money laundering, financial
12 transactions totaling or
13 exceeding $20,000, but less than
14 $100,000.
15 896.104(4)(a)2. 2nd Structuring transactions to evade
16 reporting or registration
17 requirements, financial
18 transactions totaling or
19 exceeding $20,000 but less than
20 $100,000.
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
26 render aid or give information.
27 499.00535 1st Sale or purchase of contraband
28 legend drugs resulting in great
29 bodily harm.
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1 560.123(8)(b)3. 1st Failure to report currency or
2 payment instruments totaling or
3 exceeding $100,000 by money
4 transmitter.
5 560.125(5)(c) 1st Money transmitter business by
6 unauthorized person, currency, or
7 payment instruments totaling or
8 exceeding $100,000.
9 655.50(10)(b)3. 1st Failure to report financial
10 transactions totaling or
11 exceeding $100,000 by financial
12 institution.
13 775.0844 1st Aggravated white collar crime.
14 782.04(1) 1st Attempt, conspire, or solicit to
15 commit premeditated murder.
16 782.04(3) 1st,PBL Accomplice to murder in
17 connection with arson, sexual
18 battery, robbery, burglary, and
19 other specified felonies.
20 782.051(1) 1st Attempted felony murder while
21 perpetrating or attempting to
22 perpetrate a felony enumerated in
23 s. 782.04(3).
24 782.07(2) 1st Aggravated manslaughter of an
25 elderly person or disabled adult.
26 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
27 reward or as a shield or hostage.
28 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
29 or facilitate commission of any
30 felony.
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1 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
2 interfere with performance of any
3 governmental or political
4 function.
5 787.02(3)(a) 1st False imprisonment; child under
6 age 13; perpetrator also commits
7 aggravated child abuse, sexual
8 battery, or lewd or lascivious
9 battery, molestation, conduct, or
10 exhibition.
11 790.161 1st Attempted capital destructive
12 device offense.
13 790.166(2) 1st,PBL Possessing, selling, using, or
14 attempting to use a weapon of
15 mass destruction.
16 794.011(2) 1st Attempted sexual battery; victim
17 less than 12 years of age.
18 794.011(2) Life Sexual battery; offender younger
19 than 18 years and commits sexual
20 battery on a person less than 12
21 years.
22 794.011(4) 1st Sexual battery; victim 12 years
23 or older, certain circumstances.
24 794.011(8)(b) 1st Sexual battery; engage in sexual
25 conduct with minor 12 to 18 years
26 by person in familial or
27 custodial authority.
28 800.04(5)(b) Life Lewd or lascivious molestation;
29 victim less than 12 years;
30 offender 18 years or older.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 812.135(2)(b) 1st Home-invasion robbery with
6 weapon.
7 817.568(7) 2nd,PBL Fraudulent use of personal
8 identification information of an
9 individual under the age of 18 by
10 his or her parent, legal
11 guardian, or person exercising
12 custodial authority.
13 827.03(2) 1st Aggravated child abuse.
14 847.0145(1) 1st Selling, or otherwise
15 transferring custody or control,
16 of a minor.
17 847.0145(2) 1st Purchasing, or otherwise
18 obtaining custody or control, of
19 a minor.
20 859.01 1st Poisoning or introducing
21 bacteria, radioactive materials,
22 viruses, or chemical compounds
23 into food, drink, medicine, or
24 water with intent to kill or
25 injure another person.
26 893.135 1st Attempted capital trafficking
27 offense.
28 893.135(1)(a)3. 1st Trafficking in cannabis, more
29 than 10,000 lbs.
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1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135
10 (1)(d)1.c. 1st Trafficking in phencyclidine,
11 more than 400 grams.
12 893.135
13 (1)(e)1.c. 1st Trafficking in methaqualone, more
14 than 25 kilograms.
15 893.135
16 (1)(f)1.c. 1st Trafficking in amphetamine, more
17 than 200 grams.
18 893.135
19 (1)(h)1.c. 1st Trafficking in
20 gamma-hydroxybutyric acid (GHB),
21 10 kilograms or more.
22 893.135
23 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
24 kilograms or more.
25 893.135
26 (1)(k)2.c. 1st Trafficking in Phenethylamines,
27 400 grams or more.
28 896.101(5)(c) 1st Money laundering, financial
29 instruments totaling or exceeding
30 $100,000.
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1 896.104(4)(a)3. 1st Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $100,000.
6 Section 5. This act shall take effect October 1, 2006.
7
8 *****************************************
9 SENATE SUMMARY
10 Revises the definition of the terms "robbery," "robbery
by sudden snatching," and "carjacking" to include the
11 unlawful endeavoring to take property. Provides that if
an offender threatens to use a weapon or firearm during
12 the course of a robbery, the offender commits a felony of
the first degree. Provides criminal penalties.
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