Senate Bill sb0658
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Florida Senate - 2007 SB 658
By Senator Rich
34-621-07
1 A bill to be entitled
2 An act relating to theft of property; amending
3 s. 812.13, F.S.; providing that if an offender
4 threatens to use a weapon or firearm during the
5 course of a robbery, the offender commits a
6 felony of the first degree; providing for
7 penalties; reenacting s. 921.0022(3), (f), (h),
8 and (i), F.S., relating to the offense severity
9 ranking chart of the Criminal Punishment Code,
10 to incorporate the amendment to s. 812.13,
11 F.S., in references thereto; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 812.13, Florida Statutes, is
17 amended to read:
18 812.13 Robbery.--
19 (1) "Robbery" means the taking of money or other
20 property that which may be the subject of larceny from the
21 person or custody of another, with intent to either
22 permanently or temporarily deprive the person or the owner of
23 the money or other property, when in the course of the taking
24 there is the use of force, violence, assault, or putting in
25 fear.
26 (2)(a) If in the course of committing the robbery the
27 offender carried a firearm or other deadly weapon, then the
28 robbery is a felony of the first degree, punishable by
29 imprisonment for a term of years not exceeding life
30 imprisonment or as provided in s. 775.082, s. 775.083, or s.
31 775.084.
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Florida Senate - 2007 SB 658
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1 (b) If in the course of committing the robbery the
2 offender carried a weapon, or threatened to use a weapon or
3 firearm, then the robbery is a felony of the first degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084.
6 (c) If in the course of committing the robbery the
7 offender carried no firearm, deadly weapon, or other weapon,
8 or did not threaten to use any weapon or firearm, then the
9 robbery is a felony of the second degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084.
11 (3)(a) An act shall be deemed "in the course of
12 committing the robbery" if it occurs in an attempt to commit
13 robbery or in flight after the attempt or commission.
14 (b) An act shall be deemed "in the course of the
15 taking" if it occurs before either prior to, contemporaneous
16 with, or after subsequent to the taking of the property and if
17 it and the act of taking constitute a continuous series of
18 acts or events.
19 Section 2. For the purpose of incorporating the
20 amendment made by this act to section 812.13, Florida
21 Statutes, in reference thereto, paragraphs (f), (h), and (i)
22 of subsection (3) of section 921.0022, Florida Statutes, are
23 reenacted to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
30
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Florida Senate - 2007 SB 658
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1 (f) LEVEL 6
2 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
3 conviction.
4 499.0051(3) 2nd Forgery of pedigree papers.
5 499.0051(4) 2nd Purchase or receipt of legend
6 drug from unauthorized person.
7 499.0051(5) 2nd Sale of legend drug to
8 unauthorized person.
9 775.0875(1) 3rd Taking firearm from law
10 enforcement officer.
11 784.021(1)(a) 3rd Aggravated assault; deadly weapon
12 without intent to kill.
13 784.021(1)(b) 3rd Aggravated assault; intent to
14 commit felony.
15 784.041 3rd Felony battery.
16 784.048(3) 3rd Aggravated stalking; credible
17 threat.
18 784.048(5) 3rd Aggravated stalking of person
19 under 16.
20 784.07(2)(c) 2nd Aggravated assault on law
21 enforcement officer.
22 784.074(1)(b) 2nd Aggravated assault on sexually
23 violent predators facility staff.
24 784.08(2)(b) 2nd Aggravated assault on a person 65
25 years of age or older.
26 784.081(2) 2nd Aggravated assault on specified
27 official or employee.
28 784.082(2) 2nd Aggravated assault by detained
29 person on visitor or other
30 detainee.
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1 784.083(2) 2nd Aggravated assault on code
2 inspector.
3 787.02(2) 3rd False imprisonment; restraining
4 with purpose other than those in
5 s. 787.01.
6 790.115(2)(d) 2nd Discharging firearm or weapon on
7 school property.
8 790.161(2) 2nd Make, possess, or throw
9 destructive device with intent to
10 do bodily harm or damage
11 property.
12 790.164(1) 2nd False report of deadly explosive,
13 weapon of mass destruction, or
14 act of arson or violence to state
15 property.
16 790.19 2nd Shooting or throwing deadly
17 missiles into dwellings, vessels,
18 or vehicles.
19 794.011(8)(a) 3rd Solicitation of minor to
20 participate in sexual activity by
21 custodial adult.
22 794.05(1) 2nd Unlawful sexual activity with
23 specified minor.
24 800.04(5)(d) 3rd Lewd or lascivious molestation;
25 victim 12 years of age or older
26 but less than 16 years; offender
27 less than 18 years.
28 800.04(6)(b) 2nd Lewd or lascivious conduct;
29 offender 18 years of age or
30 older.
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1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.015(9) 2nd Retail theft; property stolen
10 $300 or more; second or
11 subsequent conviction.
12 812.13(2)(c) 2nd Robbery, no firearm or other
13 weapon (strong-arm robbery).
14 817.034(4)(a)1. 1st Communications fraud, value
15 greater than $50,000.
16 817.4821(5) 2nd Possess cloning paraphernalia
17 with intent to create cloned
18 cellular telephones.
19 825.102(1) 3rd Abuse of an elderly person or
20 disabled adult.
21 825.102(3)(c) 3rd Neglect of an elderly person or
22 disabled adult.
23 825.1025(3) 3rd Lewd or lascivious molestation of
24 an elderly person or disabled
25 adult.
26 825.103(2)(c) 3rd Exploiting an elderly person or
27 disabled adult and property is
28 valued at less than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
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1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 847.0135(2) 3rd Facilitates sexual conduct of or
9 with a minor or the visual
10 depiction of such conduct.
11 914.23 2nd Retaliation against a witness,
12 victim, or informant, with bodily
13 injury.
14 944.35(3)(a)2. 3rd Committing malicious battery upon
15 or inflicting cruel or inhuman
16 treatment on an inmate or
17 offender on community
18 supervision, resulting in great
19 bodily harm.
20 944.40 2nd Escapes.
21 944.46 3rd Harboring, concealing, aiding
22 escaped prisoners.
23 944.47(1)(a)5. 2nd Introduction of contraband
24 (firearm, weapon, or explosive)
25 into correctional facility.
26 951.22(1) 3rd Intoxicating drug, firearm, or
27 weapon introduced into county
28 facility.
29 (h) LEVEL 8
30 316.193
31 (3)(c)3.a. 2nd DUI manslaughter.
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1 316.1935(4)(b) 1st Aggravated fleeing or attempted
2 eluding with serious bodily
3 injury or death.
4 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
5 499.0051(7) 1st Forgery of prescription or legend
6 drug labels.
7 499.0052 1st Trafficking in contraband legend
8 drugs.
9 560.123(8)(b)2. 2nd Failure to report currency or
10 payment instruments totaling or
11 exceeding $20,000, but less than
12 $100,000 by money transmitter.
13 560.125(5)(b) 2nd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments totaling or
16 exceeding $20,000, but less than
17 $100,000.
18 655.50(10)(b)2. 2nd Failure to report financial
19 transactions totaling or
20 exceeding $20,000, but less than
21 $100,000 by financial
22 institutions.
23 777.03(2)(a) 1st Accessory after the fact, capital
24 felony.
25 782.04(4) 2nd Killing of human without design
26 when engaged in act or attempt of
27 any felony other than arson,
28 sexual battery, robbery,
29 burglary, kidnapping, aircraft
30 piracy, or unlawfully discharging
31 bomb.
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1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(1)(b) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.014(2)(a)2. 1st Property stolen; cargo valued at
30 $50,000 or more, grand theft in
31 1st degree.
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1 812.13(2)(b) 1st Robbery with a weapon.
2 812.135(2)(c) 1st Home-invasion robbery, no
3 firearm, deadly weapon, or other
4 weapon.
5 817.568(6) 2nd Fraudulent use of personal
6 identification information of an
7 individual under the age of 18.
8 825.102(2) 2nd Aggravated abuse of an elderly
9 person or disabled adult.
10 825.1025(2) 2nd Lewd or lascivious battery upon
11 an elderly person or disabled
12 adult.
13 825.103(2)(a) 1st Exploiting an elderly person or
14 disabled adult and property is
15 valued at $100,000 or more.
16 837.02(2) 2nd Perjury in official proceedings
17 relating to prosecution of a
18 capital felony.
19 837.021(2) 2nd Making contradictory statements
20 in official proceedings relating
21 to prosecution of a capital
22 felony.
23 860.121(2)(c) 1st Shooting at or throwing any
24 object in path of railroad
25 vehicle resulting in great bodily
26 harm.
27 860.16 1st Aircraft piracy.
28 893.13(1)(b) 1st Sell or deliver in excess of 10
29 grams of any substance specified
30 in s. 893.03(1)(a) or (b).
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1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
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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.
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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.
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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.
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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.
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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.
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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, 2007.
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21 *****************************************
22 SENATE SUMMARY
23 Provides that threatening to use a weapon or firearm
during the course of a robbery is a felony of the first
24 degree.
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