Senate Bill 0772

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



    Florida Senate - 1999                                   SB 772

    By Senator Rossin





    35-645-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to robbery; amending s. 812.13,

  3         F.S.; redefining the offense of robbery to

  4         include robbery by sudden snatching; defining

  5         "sudden snatching"; providing for

  6         reclassification of the offense to a higher

  7         degree under specified circumstances when the

  8         offender carried a firearm or other deadly

  9         weapon; providing penalties; amending s.

10         921.0022, F.S.; providing for ranking of

11         robbery by sudden snatching within the level 5

12         category of the offense severity ranking chart;

13         providing an effective date.

14

15         WHEREAS, the Legislature finds that it is in the best

16  interest of the citizens of this state not to require that

17  victims of theft or larceny by sudden snatching resist the

18  efforts of their assailant in order to establish the offense

19  of robbery, and

20         WHEREAS, the Legislature finds that it is in the best

21  interest of the citizens of this state to broaden the category

22  of offenses punishable as robbery to include the taking of

23  money or property by sudden snatching from another's person or

24  custody when there is no resistance offered by the victim,

25  NOW, THEREFORE,

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 812.13, Florida Statutes, is

30  amended to read:

31         812.13  Robbery.--

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    Florida Senate - 1999                                   SB 772
    35-645-99                                               See HB




  1         (1)(a)  "Robbery" means the taking of money or other

  2  property which may be the subject of larceny from the person

  3  or custody of another, with intent to either permanently or

  4  temporarily deprive the person or the owner of the money or

  5  other property, when in the course of the taking there is the

  6  use of force, a sudden snatching, violence, assault, or

  7  putting in fear.

  8         (b)  "Sudden snatching" means taking possession of

  9  money or other property from the victim, when the victim was

10  aware of the taking. In order to satisfy this definition, it

11  is not necessary to show that:

12         1.  The offender used any amount of force beyond that

13  effort necessary to obtain possession of the money or other

14  property; or

15         2.  There was any resistance offered by the victim to

16  the offender or injury to the victim's person.

17         (2)(a)  If in the course of committing the robbery the

18  offender carried a firearm or other deadly weapon, then the

19  robbery is a felony of the first degree, punishable by

20  imprisonment for a term of years not exceeding life

21  imprisonment or as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         (b)  If in the course of committing the robbery the

24  offender carried a weapon, then the robbery is a felony of the

25  first degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084, except in the case of robbery by

27  sudden snatching, as provided in paragraph (c).

28         (c)  If in the course of committing the robbery the

29  offender carried no firearm, deadly weapon, or other weapon,

30  then the robbery is a felony of the second degree, punishable

31  as provided in s. 775.082, s. 775.083, or s. 775.084, except

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    Florida Senate - 1999                                   SB 772
    35-645-99                                               See HB




  1  in the case of robbery by sudden snatching. If the robbery

  2  committed was by sudden snatching and no firearm or other

  3  deadly weapon was carried, then the robbery is a felony of the

  4  third degree, punishable as provided in s. 775.082, s.

  5  775.083, or s. 775.084.

  6         (3)(a)  An act shall be deemed "in the course of

  7  committing the robbery" if it occurs in an attempt to commit

  8  robbery or in flight after the attempt or commission.

  9         (b)  An act shall be deemed "in the course of the

10  taking" if it occurs either prior to, contemporaneous with, or

11  subsequent to the taking of the property and if it and the act

12  of taking constitute a continuous series of acts or events.

13         Section 2.  Paragraph (e) of subsection (3) of section

14  921.0022, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

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20  Florida           Felony

21  Statute           Degree             Description

22

23

24                              (e)  LEVEL 5

25  316.027(1)(a)      3rd      Accidents involving personal

26                              injuries, failure to stop;

27                              leaving scene.

28  316.1935(4)        2nd      Aggravated fleeing or eluding.

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    Florida Senate - 1999                                   SB 772
    35-645-99                                               See HB




  1  322.34(3)          3rd      Careless operation of motor

  2                              vehicle with suspended license,

  3                              resulting in death or serious

  4                              bodily injury.

  5  327.30(5)          3rd      Vessel accidents involving

  6                              personal injury; leaving scene.

  7  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

  8                              knowing HIV positive.

  9  790.01(2)          3rd      Carrying a concealed firearm.

10  790.162            2nd      Threat to throw or discharge

11                              destructive device.

12  790.163            2nd      False report of deadly explosive.

13  790.165(2)         3rd      Manufacture, sell, possess, or

14                              deliver hoax bomb.

15  790.221(1)         2nd      Possession of short-barreled

16                              shotgun or machine gun.

17  790.23             2nd      Felons in possession of firearms

18                              or electronic weapons or devices.

19  806.111(1)         3rd      Possess, manufacture, or dispense

20                              fire bomb with intent to damage

21                              any structure or property.

22  812.019(1)         2nd      Stolen property; dealing in or

23                              trafficking in.

24  812.13(2)(c)       3rd      Robbery by sudden snatching.

25  812.16(2)          3rd      Owning, operating, or conducting

26                              a chop shop.

27  817.034(4)(a)2.    2nd      Communications fraud, value

28                              $20,000 to $50,000.

29  825.1025(4)        3rd      Lewd or lascivious exhibition in

30                              the presence of an elderly person

31                              or disabled adult.

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    Florida Senate - 1999                                   SB 772
    35-645-99                                               See HB




  1  827.071(4)         2nd      Possess with intent to promote

  2                              any photographic material, motion

  3                              picture, etc., which includes

  4                              sexual conduct by a child.

  5  843.01             3rd      Resist officer with violence to

  6                              person; resist arrest with

  7                              violence.

  8  874.05(2)          2nd      Encouraging or recruiting another

  9                              to join a criminal street gang;

10                              second or subsequent offense.

11  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

12                              cocaine (or other s.

13                              893.03(1)(a), (1)(b), (1)(d),

14                              (2)(a), or (2)(b) drugs).

15  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

16                              cannabis (or other s.

17                              893.03(1)(c), (2)(c), (3), or (4)

18                              drugs) within 1,000 feet of a

19                              child care facility or school.

20  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

21                              cocaine (or other s.

22                              893.03(1)(a), (1)(b), (1)(d),

23                              (2)(a), or (2)(b) drugs) within

24                              200 feet of university or public

25                              park.

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    Florida Senate - 1999                                   SB 772
    35-645-99                                               See HB




  1  893.13(1)(e)       2nd      Sell, manufacture, or deliver

  2                              cannabis or other drug prohibited

  3                              under s. 893.03(1)(c), (2)(c),

  4                              (3), or (4) within 1,000 feet of

  5                              property used for religious

  6                              services or a specified business

  7                              site.

  8  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

  9                              cocaine (or other s.

10                              893.03(1)(a), (1)(b), (1)(d), or

11                              (2)(a), or (2)(b) drugs) within

12                              200 feet of public housing

13                              facility.

14  893.13(4)(b)       2nd      Deliver to minor cannabis (or

15                              other s. 893.03(1)(c), (2)(c),

16                              (3), or (4) drugs).

17         Section 3.  This act shall take effect October 1, 1999.

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19            *****************************************

20                       LEGISLATIVE SUMMARY

21
      Redefines the offense of robbery to include robbery by
22    sudden snatching. Provides for reclassification of the
      offense to a higher degree under specified circumstances
23    when the offender carried a firearm or other deadly
      weapon. Provides for ranking of the third-degree felony
24    offense of robbery by sudden snatching within the level 5
      category of the Criminal Punishment Code offense severity
25    ranking chart.

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