1 | A bill to be entitled |
2 | An act relating to theft of property; amending s. 812.13, |
3 | F.S.; redefining the term "robbery" to include the |
4 | unlawful endeavoring to take property; providing that if |
5 | an offender threatens to use a weapon or firearm during |
6 | the course of a robbery, the offender commits a felony of |
7 | the first degree; providing penalties; amending ss. |
8 | 812.131 and 812.133, F.S.; redefining the terms "robbery |
9 | by sudden snatching" and "carjacking" to include the |
10 | unlawful endeavoring to take property; reenacting s. |
11 | 921.0022(3)(e), (f), (g), (h), and (i), F.S., relating to |
12 | the offense severity ranking chart of the Criminal |
13 | Punishment Code, to incorporate the amendments to ss. |
14 | 812.13, 812.131, and 812.133, F.S., in references thereto; |
15 | providing an effective date. |
16 |
|
17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
|
19 | Section 1. Section 812.13, Florida Statutes, is amended to |
20 | read: |
21 | 812.13 Robbery.-- |
22 | (1) "Robbery" means the taking of or endeavoring to take |
23 | money or other property that which may be the subject of larceny |
24 | from the person or custody of another, with intent to either |
25 | permanently or temporarily deprive the person or the owner of |
26 | the money or other property, when in the course of the taking or |
27 | endeavoring to take there is the use of force, violence, |
28 | assault, or putting in fear. |
29 | (2)(a) If in the course of committing the robbery the |
30 | offender carried a firearm or other deadly weapon, then the |
31 | robbery is a felony of the first degree, punishable by |
32 | imprisonment for a term of years not exceeding life imprisonment |
33 | or as provided in s. 775.082, s. 775.083, or s. 775.084. |
34 | (b) If in the course of committing the robbery the |
35 | offender carried a weapon or threatened to use a weapon or |
36 | firearm, then the robbery is a felony of the first degree, |
37 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
38 | (c) If in the course of committing the robbery the |
39 | offender carried no firearm, deadly weapon, or other weapon or |
40 | did not threaten to use any weapon or firearm, then the robbery |
41 | is a felony of the second degree, punishable as provided in s. |
42 | 775.082, s. 775.083, or s. 775.084. |
43 | (3)(a) An act shall be deemed "in the course of committing |
44 | the robbery" if it occurs in an attempt to commit robbery or in |
45 | flight after the attempt or commission. |
46 | (b) An act shall be deemed "in the course of the taking or |
47 | endeavoring to take" if it occurs before either prior to, |
48 | contemporaneous with, or after subsequent to the taking of or |
49 | endeavoring to take the property and if it and the act of taking |
50 | or endeavoring to take constitute a continuous series of acts or |
51 | events. |
52 | Section 2. Section 812.131, Florida Statutes, is amended |
53 | to read: |
54 | 812.131 Robbery by sudden snatching.-- |
55 | (1) "Robbery by sudden snatching" means the taking of or |
56 | endeavoring to take money or other property from the victim's |
57 | person, with intent to permanently or temporarily deprive the |
58 | victim or the owner of the money or other property, when, in the |
59 | course of the taking or endeavoring to take, the victim was or |
60 | became aware of the taking or endeavoring to take. In order to |
61 | satisfy this definition, it is not necessary to show that: |
62 | (a) The offender used any amount of force beyond that |
63 | effort necessary to obtain possession of the money or other |
64 | property; or |
65 | (b) There was any resistance offered by the victim to the |
66 | offender or that there was injury to the victim's person. |
67 | (2)(a) If, in the course of committing a robbery by sudden |
68 | snatching, the offender carried a firearm or other deadly |
69 | weapon, the robbery by sudden snatching is a felony of the |
70 | second degree, punishable as provided in s. 775.082, s. 775.083, |
71 | or s. 775.084. |
72 | (b) If, in the course of committing a robbery by sudden |
73 | snatching, the offender carried no firearm or other deadly |
74 | weapon, the robbery by sudden snatching is a felony of the third |
75 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
76 | 775.084. |
77 | (3)(a) An act shall be deemed "in the course of committing |
78 | a robbery by sudden snatching" if the act occurs in an attempt |
79 | to commit robbery by sudden snatching or in fleeing after the |
80 | attempt or commission. |
81 | (b) An act shall be deemed "in the course of the taking or |
82 | endeavoring to take" if the act occurs before prior to, |
83 | contemporaneous with, or after subsequent to the taking of or |
84 | endeavoring to take the property and if it such act and the act |
85 | of taking or endeavoring to take constitute a continuous series |
86 | of acts or events. |
87 | Section 3. Section 812.133, Florida Statutes, is amended |
88 | to read: |
89 | 812.133 Carjacking.-- |
90 | (1) "Carjacking" means the taking of or endeavoring to |
91 | take a motor vehicle that which may be the subject of larceny |
92 | from the person or custody of another, with intent to either |
93 | permanently or temporarily deprive the person or the owner of |
94 | the motor vehicle, when in the course of the taking or |
95 | endeavoring to take there is the use of force, violence, |
96 | assault, or putting in fear. |
97 | (2)(a) If in the course of committing the carjacking the |
98 | offender carried a firearm or other deadly weapon, then the |
99 | carjacking is a felony of the first degree, punishable by |
100 | imprisonment for a term of years not exceeding life imprisonment |
101 | or as provided in s. 775.082, s. 775.083, or s. 775.084. |
102 | (b) If in the course of committing the carjacking the |
103 | offender carried no firearm, deadly weapon, or other weapon, |
104 | then the carjacking is a felony of the first degree, punishable |
105 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
106 | (3)(a) An act shall be deemed "in the course of committing |
107 | the carjacking" if it occurs in an attempt to commit carjacking |
108 | or in flight after the attempt or commission. |
109 | (b) An act shall be deemed "in the course of the taking or |
110 | endeavoring to take" if it occurs before either prior to, |
111 | contemporaneous with, or after subsequent to the taking of or |
112 | endeavoring to take the property and if it and the act of taking |
113 | or endeavoring to take constitute a continuous series of acts or |
114 | events. |
115 | Section 4. For the purpose of incorporating the amendments |
116 | made by this act to sections 812.13, 812.131, and 812.133, |
117 | Florida Statutes, in references thereto, paragraphs (e) through |
118 | (i) of subsection (3) of section 921.0022, Florida Statutes, are |
119 | reenacted to read: |
120 | 921.0022 Criminal Punishment Code; offense severity |
121 | ranking chart.-- |
122 | (3) OFFENSE SEVERITY RANKING CHART |
| |
123 |
|
| |
124 |
|
| |
125 |
|
| 316.027(1)(a) | 3rd | Accidents involving personal injuries, failure to stop; leaving scene. |
|
126 |
|
| 316.1935(4)(a) | 2nd | Aggravated fleeing or eluding. |
|
127 |
|
| 322.34(6) | 3rd | Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. |
|
128 |
|
| 327.30(5) | 3rd | Vessel accidents involving personal injury; leaving scene. |
|
129 |
|
| 381.0041(11)(b) | 3rd | Donate blood, plasma, or organs knowing HIV positive. |
|
130 |
|
| 440.10(1)(g) | 2nd | Failure to obtain workers' compensation coverage. |
|
131 |
|
| 440.105(5) | 2nd | Unlawful solicitation for the purpose of making workers' compensation claims. |
|
132 |
|
| 440.381(2) | 2nd | Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. |
|
133 |
|
| 624.401(4)(b)2. | 2nd | Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. |
|
134 |
|
| 626.902(1)(c) | 2nd | Representing an unauthorized insurer; repeat offender. |
|
135 |
|
| 790.01(2) | 3rd | Carrying a concealed firearm. |
|
136 |
|
| 790.162 | 2nd | Threat to throw or discharge destructive device. |
|
137 |
|
| 790.163(1) | 2nd | False report of deadly explosive or weapon of mass destruction. |
|
138 |
|
| 790.221(1) | 2nd | Possession of short-barreled shotgun or machine gun. |
|
139 |
|
| 790.23 | 2nd | Felons in possession of firearms, ammunition, or electronic weapons or devices. |
|
140 |
|
| 800.04(6)(c) | 3rd | Lewd or lascivious conduct; offender less than 18 years. |
|
141 |
|
| 800.04(7)(c) | 2nd | Lewd or lascivious exhibition; offender 18 years or older. |
|
142 |
|
| 806.111(1) | 3rd | Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. |
|
143 |
|
| 812.0145(2)(b) | 2nd | Theft from person 65 years of age or older; $10,000 or more but less than $50,000. |
|
144 |
|
| 812.015(8) | 3rd | Retail theft; property stolen is valued at $300 or more and one or more specified acts. |
|
145 |
|
| 812.019(1) | 2nd | Stolen property; dealing in or trafficking in. |
|
146 |
|
| 812.131(2)(b) | 3rd | Robbery by sudden snatching. |
|
147 |
|
| 812.16(2) | 3rd | Owning, operating, or conducting a chop shop. |
|
148 |
|
| 817.034(4)(a)2. | 2nd | Communications fraud, value $20,000 to $50,000. |
|
149 |
|
| 817.234(11)(b) | 2nd | Insurance fraud; property value $20,000 or more but less than $100,000. |
|
150 |
|
| 817.2341(1),(2)(a)&(3)(a) | 3rd | Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. |
|
151 |
|
| 817.568(2)(b) | 2nd | Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. |
|
152 |
|
| 817.625(2)(b) | 2nd | Second or subsequent fraudulent use of scanning device or reencoder. |
|
153 |
|
| 825.1025(4) | 3rd | Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. |
|
154 |
|
| 827.071(4) | 2nd | Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
155 |
|
| 827.071(5) | 3rd | Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. |
|
156 |
|
| 839.13(2)(b) | 2nd | Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. |
|
157 |
|
| 843.01 | 3rd | Resist officer with violence to person; resist arrest with violence. |
|
158 |
|
| 847.0137(2)&(3) | 3rd | Transmission of pornography by electronic device or equipment. |
|
159 |
|
| 847.0138(2)&(3) | 3rd | Transmission of material harmful to minors to a minor by electronic device or equipment. |
|
160 |
|
| 874.05(2) | 2nd | Encouraging or recruiting another to join a criminal street gang; second or subsequent offense. |
|
161 |
|
| 893.13(1)(a)1. | 2nd | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
162 |
|
| 893.13(1)(c)2. | 2nd | Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
163 |
|
| 893.13(1)(d)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. |
|
164 |
|
| 893.13(1)(e)2. | 2nd | Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. |
|
165 |
|
| 893.13(1)(f)1. | 1st | Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. |
|
166 |
|
| 893.13(4)(b) | 2nd | Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). |
|
167 |
|
| |
168 |
|
| 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
169 |
|
| 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
170 |
|
| 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
171 |
|
| 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
172 |
|
| 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
173 |
|
| 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
174 |
|
| 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
175 |
|
| 784.041 | 3rd | Felony battery. |
|
176 |
|
| 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
177 |
|
| 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
178 |
|
| 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
179 |
|
| 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
180 |
|
| 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
181 |
|
| 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
182 |
|
| 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
183 |
|
| 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
184 |
|
| 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
185 |
|
| 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
186 |
|
| 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
187 |
|
| 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
188 |
|
| 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
189 |
|
| 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
190 |
|
| 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
191 |
|
| 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. |
|
192 |
|
| 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
193 |
|
| 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
194 |
|
| 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
195 |
|
| 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
196 |
|
| 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
197 |
|
| 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
198 |
|
| 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
199 |
|
| 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
200 |
|
| 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
201 |
|
| 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
202 |
|
| 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
203 |
|
| 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
204 |
|
| 827.03(1) | 3rd | Abuse of a child. |
|
205 |
|
| 827.03(3)(c) | 3rd | Neglect of a child. |
|
206 |
|
| 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
207 |
|
| 836.05 | 2nd | Threats; extortion. |
|
208 |
|
| 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
209 |
|
| 843.12 | 3rd | Aids or assists person to escape. |
|
210 |
|
| 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
211 |
|
| 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
212 |
|
| 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. |
|
213 |
|
| |
214 |
|
| 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
215 |
|
| 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
216 |
|
| 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
217 |
|
| |
218 |
|
| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
219 |
|
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
220 |
|
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
221 |
|
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
222 |
|
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
223 |
|
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
224 |
|
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
225 |
|
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
226 |
|
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
227 |
|
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
228 |
|
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
229 |
|
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
230 |
|
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
231 |
|
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
232 |
|
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
233 |
|
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
234 |
|
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
235 |
|
| 467.201 | 3rd | Practicing midwifery without a license. |
|
236 |
|
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
237 |
|
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
238 |
|
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
239 |
|
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
240 |
|
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
241 |
|
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
242 |
|
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
243 |
|
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
244 |
|
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
245 |
|
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
246 |
|
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
247 |
|
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
248 |
|
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
249 |
|
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
250 |
|
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
251 |
|
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
252 |
|
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
253 |
|
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
254 |
|
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
255 |
|
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
256 |
|
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
257 |
|
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
258 |
|
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
259 |
|
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
260 |
|
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
261 |
|
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
262 |
|
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
263 |
|
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
264 |
|
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
265 |
|
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
266 |
|
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
267 |
|
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
268 |
|
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
269 |
|
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
270 |
|
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
271 |
|
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
272 |
|
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
273 |
|
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
274 |
|
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
275 |
|
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
276 |
|
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
277 |
|
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
278 |
|
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
279 |
|
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
280 |
|
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
281 |
|
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
282 |
|
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
283 |
|
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
284 |
|
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
285 |
|
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
286 |
|
| 817.2341(2)(b)& (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
287 |
|
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
288 |
|
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
289 |
|
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
290 |
|
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
291 |
|
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
292 |
|
| |
293 |
|
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
294 |
|
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
295 |
|
| |
296 |
|
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
297 |
|
| 872.06 | 2nd | Abuse of a dead human body. |
|
298 |
|
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
299 |
|
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
300 |
|
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
301 |
|
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
302 |
|
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
303 |
|
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
304 |
|
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
305 |
|
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
306 |
|
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
307 |
|
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
308 |
|
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
309 |
|
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
310 |
|
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
311 |
|
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
312 |
|
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
313 |
|
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
314 |
|
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
315 |
|
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
316 |
|
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
317 |
|
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
318 |
|
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
319 |
|
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
320 |
|
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
321 |
|
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
322 |
|
| |
323 |
|
| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
324 |
|
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
325 |
|
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
326 |
|
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
327 |
|
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
328 |
|
| 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. |
|
329 |
|
| 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. |
|
330 |
|
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
331 |
|
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
332 |
|
| 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. |
|
333 |
|
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
334 |
|
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
335 |
|
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
336 |
|
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
337 |
|
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
338 |
|
| 800.04(4) | 2nd | Lewd or lascivious battery. |
|
339 |
|
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
340 |
|
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
341 |
|
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
342 |
|
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
343 |
|
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
344 |
|
| 812.13(2)(b) | 1st | Robbery with a weapon. |
|
345 |
|
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
346 |
|
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
347 |
|
| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
348 |
|
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
349 |
|
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
350 |
|
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
351 |
|
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
352 |
|
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
353 |
|
| 860.16 | 1st | Aircraft piracy. |
|
354 |
|
| 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). |
|
355 |
|
| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
356 |
|
| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
357 |
|
| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
358 |
|
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
359 |
|
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
360 |
|
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
361 |
|
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
362 |
|
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
363 |
|
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
364 |
|
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
365 |
|
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
366 |
|
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
367 |
|
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
368 |
|
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
369 |
|
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
370 |
|
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
371 |
|
| 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. |
|
372 |
|
| |
373 |
|
| 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
374 |
|
| 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
375 |
|
| 499.00535 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
|
376 |
|
| 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
377 |
|
| 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
378 |
|
| 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
379 |
|
| 775.0844 | 1st | Aggravated white collar crime. |
|
380 |
|
| 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
381 |
|
| 782.04(3) | 1st,PBL | robbery, burglary, and other specified felonies. |
|
382 |
|
| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
383 |
|
| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
384 |
|
| 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
385 |
|
| 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
386 |
|
| 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
387 |
|
| 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. |
|
388 |
|
| 790.161 | 1st | Attempted capital destructive device offense. |
|
389 |
|
| 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
390 |
|
| 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
391 |
|
| 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
392 |
|
| 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
393 |
|
| 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
394 |
|
| 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
395 |
|
| 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
396 |
|
| 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
397 |
|
| 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
398 |
|
| 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. |
|
399 |
|
| 827.03(2) | 1st | Aggravated child abuse. |
|
400 |
|
| 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
401 |
|
| 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
402 |
|
| 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. |
|
403 |
|
| 893.135 | 1st | Attempted capital trafficking offense. |
|
404 |
|
| 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
405 |
|
| 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
406 |
|
| 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
407 |
|
| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
408 |
|
| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
409 |
|
| 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
410 |
|
| 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
411 |
|
| 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
412 |
|
| 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
413 |
|
| 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
414 |
|
| 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
415 |
|
416 | Section 5. This act shall take effect October 1, 2006. |