Senate Bill 0586c1
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Florida Senate - 1998 CS for SB 586
By the Committee on Criminal Justice and Senator Silver
307-1625-98
1 A bill to be entitled
2 An act relating to felony offenses; amending s.
3 782.051, F.S.; revising the elements of the
4 offense of committing a felony that causes
5 bodily injury to provide that if a person who
6 perpetrates or attempts to perpetrate certain
7 enumerated felony offenses and who commits,
8 aids, or abets an intentional act that could,
9 but does not, cause the death of another, the
10 person commits a first-degree felony; providing
11 for ranking such offense under the Criminal
12 Punishment Code based on the felony offense
13 committed; amending s. 921.0022, F.S.;
14 including such offense in the offense severity
15 ranking chart of the Criminal Punishment Code;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 782.051, Florida Statutes, as
21 amended by section 18 of chapter 97-194, Laws of Florida, is
22 amended to read:
23 782.051 Attempted felony murder causing bodily
24 injury.--
25 (1) Any person who perpetrates or attempts to
26 perpetrate any felony enumerated in s. 782.04(3) and who
27 commits, aids, or abets an intentional act that is not an
28 essential element of the felony and that could, but does not,
29 cause the death of causes bodily injury to another commits a
30 felony of the first degree, punishable by imprisonment for a
31 term of years not exceeding life, or as provided in s.
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Florida Senate - 1998 CS for SB 586
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1 775.082, s. 775.083, or s. 775.084, which is an offense ranked
2 in level 9 of the Criminal Punishment Code. Victim injury
3 points shall be scored under this subsection.
4 (2) Any person who perpetrates or attempts to
5 perpetrate any felony other than a felony enumerated in s.
6 782.04(3) and who commits, aids, or abets an intentional act
7 that is not an essential element of the felony and that could,
8 but does not, cause the death of causes bodily injury to
9 another commits a felony of the first degree, punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084, which is an
11 offense ranked in level 8 of the Criminal Punishment Code.
12 Victim injury points shall be scored under this subsection.
13 (3) When a person is injured during the perpetration
14 of or the attempt to perpetrate any felony enumerated in s.
15 782.04(3) by a person other than the person engaged in the
16 perpetration of or the attempt to perpetrate such felony, the
17 person perpetrating or attempting to perpetrate such felony
18 commits a felony of the second degree, punishable as provided
19 in s. 775.082, s. 775.083, or s. 775.084, which is an offense
20 ranked in level 7 of the Criminal Punishment Code. Victim
21 injury points shall be scored under this subsection.
22 Section 2. Paragraphs (g), (h), and (i) of subsection
23 (3) of section 921.0022, Florida Statutes, as created by
24 section 5 of chapter 97-194, Laws of Florida, are amended to
25 read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
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Florida Senate - 1998 CS for SB 586
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1 Florida Felony
2 Statute Degree Description
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5 (g) LEVEL 7
6 316.193(3)(c)2. 3rd DUI resulting in serious bodily
7 injury.
8 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
9 bodily injury.
10 409.920(2) 3rd Medicaid provider fraud.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 782.051(3) 2nd Attempted felony murder by person
18 other than perpetrator.
19 782.07(1) 2nd Killing of a human being by the
20 act, procurement, or culpable
21 negligence of another
22 (manslaughter).
23 782.071 3rd Killing of human being by the
24 operation of a motor vehicle in a
25 reckless manner (vehicular
26 homicide).
27 782.072 3rd Killing of a human being by the
28 operation of a vessel in a
29 reckless manner (vessel
30 homicide).
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Florida Senate - 1998 CS for SB 586
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1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.07(2)(d) 1st Aggravated battery on law
11 enforcement officer.
12 784.08(2)(a) 1st Aggravated battery on a person 65
13 years of age or older.
14 784.081(1) 1st Aggravated battery on specified
15 official or employee.
16 784.082(1) 1st Aggravated battery by detained
17 person on visitor or other
18 detainee.
19 790.07(4) 1st Specified weapons violation
20 subsequent to previous conviction
21 of s. 790.07(1) or (2).
22 790.16(1) 1st Discharge of a machine gun under
23 specified circumstances.
24 796.03 2nd Procuring any person under 16
25 years for prostitution.
26 800.04 2nd Handle, fondle, or assault child
27 under 16 years in lewd,
28 lascivious, or indecent manner.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; property stolen
9 while causing other property
10 damage; 1st degree grand theft.
11 812.019(2) 1st Stolen property; initiates,
12 organizes, plans, etc., the theft
13 of property and traffics in
14 stolen property.
15 812.133(2)(b) 1st Carjacking; no firearm, deadly
16 weapon, or other weapon.
17 825.102(3)(b) 2nd Neglecting an elderly person or
18 disabled adult causing great
19 bodily harm, disability, or
20 disfigurement.
21 825.1025(2) 2nd Lewd or lascivious battery upon
22 an elderly person or disabled
23 adult.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
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1 827.04(4) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other s.
7 893.03(1)(a), (1)(b), (1)(d),
8 (2)(a), or (2)(b) drugs) within
9 1,000 feet of a school.
10 893.13(4)(a) 1st Deliver to minor cocaine (or
11 other s. 893.03(1)(a), (1)(b),
12 (1)(d), (2)(a), or (2)(b) drugs).
13 893.135(1)(a)1. 1st Trafficking in cannabis, more
14 than 50 lbs., less than 2,000
15 lbs.
16 893.135
17 (1)(b)1.a. 1st Trafficking in cocaine, more than
18 28 grams, less than 200 grams.
19 893.135
20 (1)(c)1.a. 1st Trafficking in illegal drugs,
21 more than 4 grams, less than 14
22 grams.
23 893.135
24 (1)(d)1. 1st Trafficking in phencyclidine,
25 more than 28 grams, less than 200
26 grams.
27 893.135(1)(e)1. 1st Trafficking in methaqualone, more
28 than 200 grams, less than 5
29 kilograms.
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Florida Senate - 1998 CS for SB 586
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1 893.135(1)(f)1. 1st Trafficking in amphetamine, more
2 than 14 grams, less than 28
3 grams.
4 (h) LEVEL 8
5 316.193
6 (3)(c)3.a. 2nd DUI manslaughter.
7 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
8 777.03(2)(a) 1st Accessory after the fact, capital
9 felony.
10 782.04(4) 2nd Killing of human without design
11 when engaged in act or attempt of
12 any felony other than arson,
13 sexual battery, robbery,
14 burglary, kidnapping, aircraft
15 piracy, or unlawfully discharging
16 bomb.
17 782.051(2) 1st Attempted felony murder in
18 connection with a felony not
19 enumerated in s. 782.04(3).
20 782.071(2) 2nd Committing vehicular homicide and
21 failing to render aid or give
22 information.
23 782.072(2) 2nd Committing vessel homicide and
24 failing to render aid or give
25 information.
26 790.161(3) 1st Discharging a destructive device
27 which results in bodily harm or
28 property damage.
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1 794.011(5) 2nd Sexual battery, victim 12 years
2 or over, offender does not use
3 physical force likely to cause
4 serious injury.
5 806.01(1) 1st Maliciously damage dwelling or
6 structure by fire or explosive,
7 believing person in structure.
8 810.02(2)(a) 1st,PBL Burglary with assault or battery.
9 810.02(2)(b) 1st,PBL Burglary; armed with explosives
10 or dangerous weapon.
11 810.02(2)(c) 1st Burglary of a dwelling or
12 structure causing structural
13 damage or $1,000 or more property
14 damage.
15 812.13(2)(b) 1st Robbery with a weapon.
16 812.135(2) 1st Home-invasion robbery.
17 825.102(2) 2nd Aggravated abuse of an elderly
18 person or disabled adult.
19 825.103(2)(a) 1st Exploiting an elderly person or
20 disabled adult and property is
21 valued at $100,000 or more.
22 827.03(2) 2nd Aggravated child abuse.
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.
29 895.03(1) 1st Use or invest proceeds derived
30 from pattern of racketeering
31 activity.
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Florida Senate - 1998 CS for SB 586
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1 895.03(2) 1st Acquire or maintain through
2 racketeering activity any
3 interest in or control of any
4 enterprise or real property.
5 895.03(3) 1st Conduct or participate in any
6 enterprise through pattern of
7 racketeering activity.
8 (i) LEVEL 9
9 316.193
10 (3)(c)3.b. 1st DUI manslaughter; failing to
11 render aid or give information.
12 782.04(1) 1st Attempt, conspire, or solicit to
13 commit premeditated murder.
14 782.04(3) 1st,PBL Accomplice to murder in
15 connection with arson, sexual
16 battery, robbery, burglary, and
17 other specified felonies.
18 782.051(1) 1st Attempted felony murder in
19 connection with a felony
20 enumerated in s. 782.04(3).
21 782.07(2) 1st Aggravated manslaughter of an
22 elderly person or disabled adult.
23 782.07(3) 1st Aggravated manslaughter of a
24 child.
25 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
26 reward or as a shield or hostage.
27 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
28 or facilitate commission of any
29 felony.
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Florida Senate - 1998 CS for SB 586
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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 child abuse, sexual battery,
8 lewd, or lascivious act, etc.
9 790.161 1st Attempted capital destructive
10 device offense.
11 794.011(2) 1st Attempted sexual battery; victim
12 less than 12 years of age.
13 794.011(2) Life Sexual battery; offender younger
14 than 18 years and commits sexual
15 battery on a person less than 12
16 years.
17 794.011(4) 1st Sexual battery; victim 12 years
18 or older, certain circumstances.
19 794.011(8)(b) 1st Sexual battery; engage in sexual
20 conduct with minor 12 to 18 years
21 by person in familial or
22 custodial authority.
23 812.13(2)(a) 1st,PBL Robbery with firearm or other
24 deadly weapon.
25 812.133(2)(a) 1st,PBL Carjacking; firearm or other
26 deadly weapon.
27 847.0145(1) 1st Selling, or otherwise
28 transferring custody or control,
29 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 food, drink, medicine,
5 or water with intent to kill or
6 injure another person.
7 893.135 1st Attempted capital trafficking
8 offense.
9 893.135(1)(a)3. 1st Trafficking in cannabis, more
10 than 10,000 lbs.
11 893.135
12 (1)(b)1.c. 1st Trafficking in cocaine, more than
13 400 grams, less than 150
14 kilograms.
15 893.135
16 (1)(c)1.c. 1st Trafficking in illegal drugs,
17 more than 28 grams, less than 30
18 kilograms.
19 893.135
20 (1)(d)1.c. 1st Trafficking in phencyclidine,
21 more than 400 grams.
22 893.135
23 (1)(e)1.c. 1st Trafficking in methaqualone, more
24 than 25 kilograms.
25 893.135
26 (1)(f)1.c. 1st Trafficking in amphetamine, more
27 than 200 grams.
28 Section 3. This act shall take effect October 1, 1998.
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Florida Senate - 1998 CS for SB 586
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 586
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4 . Amends the offense severity ranking chart of the Criminal
Punishment Code to include the attempted felony murder
5 offenses.
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