Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 427
       
       
       
       
       
       
                                Ì637196KÎ637196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1a/RE/3R         .                                
             04/29/2014 11:59 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Smith moved the following:
       
    1         Senate Amendment to Amendment (292706) (with title
    2  amendment)
    3  
    4         Delete lines 8 - 42
    5  and insert:
    6  a burglary.—
    7         (1) As used in this section, the term:
    8         (a) “County of residence” means the county within this
    9  state in which a person resides. Evidence of a person’s county
   10  of residence includes, but is not limited to:
   11         1. The address on a person’s driver license or state
   12  identification card;
   13         2. Records of real property or mobile home ownership;
   14         3. Records of a lease agreement for residential property;
   15         4. The county in which a person’s motor vehicle is
   16  registered;
   17         5. The county in which a person is enrolled in an
   18  educational institution; and
   19         6. The county in which a person is employed.
   20         (b) “Burglary” means burglary as defined in s. 810.02,
   21  including an attempt, solicitation, or conspiracy to commit such
   22  offense.
   23         (2) If a person who commits a burglary travels any distance
   24  with the intent to commit the burglary in a county in this state
   25  other than the person’s county of residence, the degree of the
   26  burglary shall be reclassified to the next higher degree if the
   27  purpose of the person’s travel is to thwart law enforcement
   28  attempts to track the items stolen in the burglary. For purposes
   29  of sentencing under chapter 921 and determining incentive gain
   30  time eligibility under chapter 944, a burglary that is
   31  reclassified under this section is ranked one level above the
   32  ranking specified in s. 921.0022 or s. 921.0023 for the burglary
   33  committed.
   34         Section 2. Paragraph (l) of subsection (2) of section
   35  903.046, Florida Statutes, is amended to read:
   36         903.046 Purpose of and criteria for bail determination.—
   37         (2) When determining whether to release a defendant on bail
   38  or other conditions, and what that bail or those conditions may
   39  be, the court shall consider:
   40         (l) Whether the crime charged is a violation of chapter 874
   41  or alleged to be subject to enhanced punishment under chapter
   42  874 or reclassification under s. 843.22. If any such violation
   43  is charged against a defendant or if the defendant is charged
   44  with a crime that is alleged to be subject to such enhancement
   45  or reclassification, he or she is shall
   46  
   47  ================= T I T L E  A M E N D M E N T ================
   48  And the title is amended as follows:
   49         Delete lines 55 - 62
   50  and insert:
   51         commit a burglary; creating s. 843.22, F.S.; defining
   52         the terms “county of residence” and “burglary”;
   53         providing for reclassification of burglaries committed
   54         under certain circumstances; amending s. 903.046,
   55         F.S.; adding a burglary that is reclassified under s.
   56         843.22, F.S., to the factors a court must consider in