| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to theft of property; amending s. 812.13, |
| 7 | F.S.; providing that if an offender threatens to use a |
| 8 | weapon or firearm during the course of a robbery, the |
| 9 | offender commits a felony of the first degree; specifying |
| 10 | the applicable offense when offender does not threaten to |
| 11 | use a weapon or firearm during robbery; providing |
| 12 | penalties; reenacting s. 921.0022(3)(f), (h), and (i), |
| 13 | F.S., relating to the offense severity ranking chart of |
| 14 | the Criminal Punishment Code, to incorporate the amendment |
| 15 | to s. 812.13, F.S., in references thereto; providing an |
| 16 | effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. Section 812.13, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 812.13 Robbery.-- |
| 23 | (1) "Robbery" means the taking of money or other property |
| 24 | that which may be the subject of larceny from the person or |
| 25 | custody of another, with intent to either permanently or |
| 26 | temporarily deprive the person or the owner of the money or |
| 27 | other property, when in the course of the taking there is the |
| 28 | use of force, violence, 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" |
| 47 | if it occurs before either prior to, contemporaneous with, or |
| 48 | after subsequent to the taking of the property and if it and the |
| 49 | act of taking constitute a continuous series of acts or events. |
| 50 | Section 2. For the purpose of incorporating the amendments |
| 51 | made by this act to section 812.13, Florida Statutes, in |
| 52 | references thereto, paragraphs (f), (h), and (i) of subsection |
| 53 | (3) of section 921.0022, Florida Statutes, are reenacted to |
| 54 | read: |
| 55 | 921.0022 Criminal Punishment Code; offense severity |
| 56 | ranking chart.-- |
| 57 | (3) OFFENSE SEVERITY RANKING CHART |
| | | FloridaStatute | FelonyDegree | Description |
|
| 58 |
|
| | |
| 59 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 60 |
|
| | | 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
| 61 |
|
| | | 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
| 62 |
|
| | | 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
| 63 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 64 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 65 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 66 |
|
| | | 784.041 | 3rd | Felony battery. |
|
| 67 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 68 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 69 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 70 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 71 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 72 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 73 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 74 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 75 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 76 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 77 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 78 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 79 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 80 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 81 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 82 |
|
| | | 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. |
|
| 83 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 84 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 85 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 86 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 87 |
|
| | | 812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 88 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 89 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 90 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 91 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 92 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 93 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 94 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 95 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 96 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 97 |
|
| | | 827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 98 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 99 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 100 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 101 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 102 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 103 |
|
| | | 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. |
|
| 104 |
|
| | |
| 105 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 106 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 107 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 108 |
|
| | |
| 109 |
|
| | | 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 110 |
|
| | | 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 111 |
|
| | | 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 112 |
|
| | | 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
| 113 |
|
| | | 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
| 114 |
|
| | | 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. |
|
| 115 |
|
| | | 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. |
|
| 116 |
|
| | | 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 117 |
|
| | | 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 118 |
|
| | | 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. |
|
| 119 |
|
| | | 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 120 |
|
| | | 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 121 |
|
| | | 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 122 |
|
| | | 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 123 |
|
| | | 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 124 |
|
| | | 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 125 |
|
| | | 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 126 |
|
| | | 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 127 |
|
| | | 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 128 |
|
| | | 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 129 |
|
| | | 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 130 |
|
| | | 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 131 |
|
| | | 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 132 |
|
| | | 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 133 |
|
| | | 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
| 134 |
|
| | | 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 135 |
|
| | | 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 136 |
|
| | | 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 137 |
|
| | | 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 138 |
|
| | | 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 139 |
|
| | | 860.16 | 1st | Aircraft piracy. |
|
| 140 |
|
| | | 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). |
|
| 141 |
|
| | | 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 142 |
|
| | | 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 143 |
|
| | | 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 144 |
|
| | | 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 145 |
|
| | | 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 146 |
|
| | | 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 147 |
|
| | | 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 148 |
|
| | | 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 149 |
|
| | | 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 150 |
|
| | | 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 151 |
|
| | | 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 152 |
|
| | | 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 153 |
|
| | | 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 154 |
|
| | | 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 155 |
|
| | | 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 156 |
|
| | | 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 157 |
|
| | | 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. |
|
| 158 |
|
| | |
| 159 |
|
| | | 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
|
| 160 |
|
| | | 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
|
| 161 |
|
| | | 499.00535 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
|
| 162 |
|
| | | 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
|
| 163 |
|
| | | 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
|
| 164 |
|
| | | 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
|
| 165 |
|
| | | 775.0844 | 1st | Aggravated white collar crime. |
|
| 166 |
|
| | | 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
|
| 167 |
|
| | | 782.04(3) | 1st,PBL | robbery, burglary, and other specified felonies. |
|
| 168 |
|
| | | 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
|
| 169 |
|
| | | 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
|
| 170 |
|
| | | 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
|
| 171 |
|
| | | 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
|
| 172 |
|
| | | 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
|
| 173 |
|
| | | 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. |
|
| 174 |
|
| | | 790.161 | 1st | Attempted capital destructive device offense. |
|
| 175 |
|
| | | 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
|
| 176 |
|
| | | 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
|
| 177 |
|
| | | 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
|
| 178 |
|
| | | 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
|
| 179 |
|
| | | 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
|
| 180 |
|
| | | 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
|
| 181 |
|
| | | 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
|
| 182 |
|
| | | 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
|
| 183 |
|
| | | 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
|
| 184 |
|
| | | 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. |
|
| 185 |
|
| | | 827.03(2) | 1st | Aggravated child abuse. |
|
| 186 |
|
| | | 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
|
| 187 |
|
| | | 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
|
| 188 |
|
| | | 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. |
|
| 189 |
|
| | | 893.135 | 1st | Attempted capital trafficking offense. |
|
| 190 |
|
| | | 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
|
| 191 |
|
| | | 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
|
| 192 |
|
| | | 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
|
| 193 |
|
| | | 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
|
| 194 |
|
| | | 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
|
| 195 |
|
| | | 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
|
| 196 |
|
| | | 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
|
| 197 |
|
| | | 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
|
| 198 |
|
| | | 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
|
| 199 |
|
| | | 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
|
| 200 |
|
| | | 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
|
| 201 |
|
| 202 | Section 3. This act shall take effect October 1, 2006. |