HB 413

1
A bill to be entitled
2An act relating to theft of property; amending s. 812.13,
3F.S.; providing that if an offender threatens to use a
4weapon or firearm during the course of a robbery, the
5offender commits a felony of the first degree; providing
6for penalties; reenacting s. 921.0022(3)(f), (h), and (i),
7F.S., relating to the offense severity ranking chart of
8the Criminal Punishment Code, to incorporate the amendment
9to s. 812.13, F.S., in references thereto; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 812.13, Florida Statutes, is amended to
15read:
16     812.13  Robbery.--
17     (1)  "Robbery" means the taking of money or other property
18that which may be the subject of larceny from the person or
19custody of another, with intent to either permanently or
20temporarily deprive the person or the owner of the money or
21other property, when in the course of the taking there is the
22use of force, violence, assault, or putting in fear.
23     (2)(a)  If in the course of committing the robbery the
24offender carried a firearm or other deadly weapon, then the
25robbery is a felony of the first degree, punishable by
26imprisonment for a term of years not exceeding life imprisonment
27or as provided in s. 775.082, s. 775.083, or s. 775.084.
28     (b)  If in the course of committing the robbery the
29offender carried a weapon, or threatened to use a weapon or
30firearm, then the robbery is a felony of the first degree,
31punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
32     (c)  If in the course of committing the robbery the
33offender carried no firearm, deadly weapon, or other weapon, or
34did not threaten to use any weapon or firearm, then the robbery
35is a felony of the second degree, punishable as provided in s.
36775.082, s. 775.083, or s. 775.084.
37     (3)(a)  An act shall be deemed "in the course of committing
38the robbery" if it occurs in an attempt to commit robbery or in
39flight after the attempt or commission.
40     (b)  An act shall be deemed "in the course of the taking"
41if it occurs before either prior to, contemporaneous with, or
42after subsequent to the taking of the property and if it and the
43act of taking constitute a continuous series of acts or events.
44     Section 2.  For the purpose of incorporating the amendment
45made by this act to section 812.13, Florida Statutes, in
46reference thereto, paragraphs (f), (h), and (i) of subsection
47(3) of section 921.0022, Florida Statutes, are reenacted to
48read:
49     921.0022  Criminal Punishment Code; offense severity
50ranking chart.--
51     (3)  OFFENSE SEVERITY RANKING CHART  
 
Florida StatuteFelony DegreeDescription
52
 

(f)  LEVEL 6
53
 
316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
54
 
499.0051(3) 2nd Forgery of pedigree papers.
55
 
499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
56
 
499.0051(5) 2nd Sale of legend drug to unauthorized person.
57
 
775.0875(1) 3rd Taking firearm from law enforcement officer.
58
 
784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
59
 
784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
60
 
784.041 3rd Felony battery.
61
 
784.048(3) 3rd Aggravated stalking; credible threat.
62
 
784.048(5) 3rd Aggravated stalking of person under 16.
63
 
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
64
 
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
65
 
784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
66
 
784.081(2) 2nd Aggravated assault on specified official or employee.
67
 
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
68
 
784.083(2) 2nd Aggravated assault on code inspector.
69
 
787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
70
 
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
71
 
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
72
 
790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
73
 
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
74
 
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
75
 
794.05(1) 2nd Unlawful sexual activity with specified minor.
76
 
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.
77
 
800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
78
 
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
79
 
810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
80
 
812.014(2)(b)1.2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
81
 
812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
82
 
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
83
 
817.034(4)(a)1.1st Communications fraud, value greater than $50,000.
84
 
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
85
 
825.102(1) 3rd Abuse of an elderly person or disabled adult.
86
 
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
87
 
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
88
 
825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
89
 
827.03(1) 3rd Abuse of a child.
90
 
827.03(3)(c) 3rd Neglect of a child.
91
 
827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
92
 
836.05 2nd Threats; extortion.
93
 
836.10 2nd Written threats to kill or do bodily injury.
94
 
843.12 3rd Aids or assists person to escape.
95
 
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
96
 
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
97
 
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.
98
 
944.40 2nd Escapes.
99
 
944.46 3rd Harboring, concealing, aiding escaped prisoners.
100
 
944.47(1)(a)5.2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
101
 
951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
102
 

(h)  LEVEL 8
103
 
316.193(3)(c)3.a.2nd DUI manslaughter.
104
 
316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
105
 
327.35(3)(c)3.2nd Vessel BUI manslaughter.
106
 
499.0051(7) 1st Forgery of prescription or legend drug labels.
107
 
499.0052 1st Trafficking in contraband legend drugs.
108
 
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.
109
 
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.
110
 
655.50(10)(b)2.2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
111
 
777.03(2)(a) 1st Accessory after the fact, capital felony.
112
 
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.
113
 
782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s.782.04(3).
114
 
782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
115
 
782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
116
 
790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
117
 
794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
118
 
800.04(4) 2nd Lewd or lascivious battery.
119
 
806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
120
 
810.02(2)(a) 1st,PBL Burglary with assault or battery.
121
 
810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
122
 
810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
123
 
812.014(2)(a)2.1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
124
 
812.13(2)(b) 1st Robbery with a weapon.
125
 
812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
126
 
817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
127
 
825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
128
 
825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
129
 
825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
130
 
837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
131
 
837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
132
 
860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
133
 
860.16 1st Aircraft piracy.
134
 
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).
135
 
893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
136
 
893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
137
 
893.135(1)(a)2.1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
138
 
893.135(1)(b)1.b.1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
139
 
893.135(1)(c)1.b.1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
140
 
893.135(1)(d)1.b.1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
141
 
893.135(1)(e)1.b.1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
142
 
893.135(1)(f)1.b.1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
143
 
893.135(1)(g)1.b.1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
144
 
893.135(1)(h)1.b.1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
145
 
893.135(1)(j)1.b.1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
146
 
893.135(1)(k)2.b.1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
147
 
895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
148
 
895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
149
 
895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
150
 
896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
151
 
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.
152
 

(i)  LEVEL 9
153
 
316.193(3)(c)3.b.1st DUI manslaughter; failing to render aid or give information.
154
 
327.35(3)(c)3.b.1st BUI manslaughter; failing to render aid or give information.
155
 
499.00535 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
156
 
560.123(8)(b)3.1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
157
 
560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
158
 
655.50(10)(b)3.1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
159
 
775.0844 1st Aggravated white collar crime.
160
 
782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
161
 
782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery,  robbery, burglary, and other specified felonies.
162
 
782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
163
 
782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
164
 
787.01(1)(a)1.1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
165
 
787.01(1)(a)2.1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
166
 
787.01(1)(a)4.1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
167
 
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.
168
 
790.161 1st Attempted capital destructive device offense.
169
 
790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
170
 
794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
171
 
794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
172
 
794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
173
 
794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
174
 
800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
175
 
812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
176
 
812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
177
 
812.135(2)(b) 1st Home-invasion robbery with weapon.
178
 
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.
179
 
827.03(2) 1st Aggravated child abuse.
180
 
847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
181
 
847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
182
 
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.
183
 
893.135 1st Attempted capital trafficking offense.
184
 
893.135(1)(a)3.1st Trafficking in cannabis, more than 10,000 lbs.
185
 
893.135(1)(b)1.c.1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
186
 
893.135(1)(c)1.c.1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
187
 
893.135(1)(d)1.c.1st Trafficking in phencyclidine, more than 400 grams.
188
 
893.135(1)(e)1.c.1st Trafficking in methaqualone, more than 25 kilograms.
189
 
893.135(1)(f)1.c.1st Trafficking in amphetamine, more than 200 grams.
190
 
893.135(1)(h)1.c.1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
191
 
893.135(1)(j)1.c.1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
192
 
893.135(1)(k)2.c.1st Trafficking in Phenethylamines, 400 grams or more.
193
 
896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
194
 
896.104(4)(a)3.1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
195
196     Section 3.  This act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.