Attempted Felony Murder In Florida
In Amlotte v. State, 456 So. 2d 448, 449 (Fla. 1984), the court found that attempted felony murder was a common law offense in Florida.
However, some years later in State v. Gray, 654 So. 2d 552, 552-53 (Fla. 1995), the court receded from the holding in Amlotte.
The court reasoned that the "legal fictions required to support the intent for felony murder were simply too great" to extend to attempted felony murder. Gray, 654 So. 2d at 554.
The Legislature in 1996, in response to our decision in Gray, enacted section 782.051, which created the offense of "Felony causing bodily injury." See ch. 96-359, 1, at 2052, Laws of Fla.
In 1998, the Legislature substantially rewrote section 782.051 and retitled it "Attempted felony murder." See ch. 98-204, 12, at 1970, Laws of Fla.
The 1998 amendment also added the element of an intentional act that is not an essential element of the underlying felony. See 782.051(1), Fla. Stat. (2001).