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  

31                              

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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.

31  

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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.

31  

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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.

31  

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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).

31  

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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.

29  

30  

31  

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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.

31  

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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.

31  

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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.

31  

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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.

20  

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.

25  

26  

27  

28  

29  

30  

31  

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