House Bill 1817

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    Florida House of Representatives - 1999                HB 1817

        By Representative Garcia






  1                      A bill to be entitled

  2         An act relating to declared states of

  3         emergency; requiring that certain offenses be

  4         reclassified to the next higher degree if the

  5         offense is committed during a state of

  6         emergency or a mandatory evacuation order;

  7         specifying the offenses that are subject to

  8         reclassification; providing for ranking such

  9         offenses under chapter 921, F.S., for purposes

10         of sentencing; amending s. 236.081, F.S.;

11         authorizing a school district to request that

12         its funding under the Florida Education Finance

13         Program be recalculated if, following a

14         disaster, the district's enrollment falls as a

15         result of the disaster; providing for

16         retroactive application; creating s. 252.375,

17         F.S.; requiring that, following a major

18         disaster or emergency, preference be given in

19         awarding contracts to organizations, firms, and

20         individuals that do business in the area

21         affected by the major disaster or emergency;

22         providing effective dates.

23

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

25

26         Section 1.  Committing certain offenses during a state

27  of emergency; reclassification.--

28         (1)  The punishment for the offenses listed in

29  subsection (2) shall be reclassified to the next higher degree

30  if the jurisdiction where the offense was committed was under

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    Florida House of Representatives - 1999                HB 1817

    244-161A-99






  1  a state of emergency or a mandatory evacuation order at the

  2  time of the offense.

  3         (a)  In the case of a misdemeanor of the second degree,

  4  the offense is reclassified to a misdemeanor of the first

  5  degree.

  6         (b)  In the case of a misdemeanor of the first degree,

  7  the offense is reclassified to a felony of the third degree.

  8  For purposes of sentencing under chapter 921, Florida

  9  Statutes, and determining incentive gain-time eligibility

10  under chapter 944, Florida Statutes, such offense is ranked in

11  level 2 of the offense severity ranking chart.

12         (c)  In the case of a felony of the third degree, the

13  offense is reclassified to a felony of the second degree.

14         (d)  In the case of a felony of the second degree, the

15  offense is reclassified to a felony of the first degree.

16         (2)  This section applies to the following offenses:

17         (a)  A violation of section 489.127, Florida Statutes,

18  relating to construction contracting.

19         (b)  A violation of chapter 806, Florida Statutes,

20  relating to arson and criminal mischief.

21         (c)  A violation of chapter 810, Florida Statutes,

22  relating to burglary and trespass.

23         (d)  A violation of chapter 812, Florida Statutes,

24  relating to theft, robbery, and related crimes.

25         (e)  A violation of section 817.034, Florida Statutes,

26  the Florida Communications Fraud Act.

27         (f)  A violation of section 825.103, Florida Statutes,

28  relating to the exploitation of an elderly person or disabled

29  adult.

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    Florida House of Representatives - 1999                HB 1817

    244-161A-99






  1         (g)  A violation of section 843.08 or section 843.085,

  2  Florida Statutes, relating to falsely personating an officer

  3  and unlawfully using a police badge.

  4         (h)  A violation of chapter 870, Florida Statutes,

  5  relating to affrays, riots, routs, and unlawful assemblies.

  6         (3)  For purposes of sentencing under chapter 921 and

  7  determining incentive gain-time eligibility under chapter 944,

  8  a felony offense that is reclassified under this section is

  9  ranked one level above the ranking under s. 921.0022 or s.

10  921.0023 of the offense committed.

11         Section 2.  Subsection (10) is added to section

12  236.081, Florida Statutes, 1998 Supplement, to read:

13         236.081  Funds for operation of schools.--If the annual

14  allocation from the Florida Education Finance Program to each

15  district for operation of schools is not determined in the

16  annual appropriations act or the substantive bill implementing

17  the annual appropriations act, it shall be determined as

18  follows:

19         (10)  DISASTER ADJUSTMENT.--

20         (a)  Any school district that is located in a region of

21  the state declared a disaster area by the Governor and that

22  experiences a decline in weighted full-time equivalent

23  students as a result of the disaster may request its

24  allocation under the Florida Education Finance Program to

25  remain at the level determined by the most recent membership

26  calculation prior to the disaster declaration. The district's

27  request must be supported by documentation demonstrating that

28  the district's projected enrollment would have been achieved

29  if the disaster had not occurred. If the request is supported

30  by the Commissioner of Education, subsequent calculations of

31  the district's funding entitlement shall use the same

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    Florida House of Representatives - 1999                HB 1817

    244-161A-99






  1  full-time equivalent student enrollment used in calculating

  2  the year prior to the disaster.

  3         (b)  This subsection applies retroactively to the

  4  1998-1999 school year.

  5         Section 3.  Section 252.375, Florida Statutes, is

  6  created to read:

  7         252.375  Contract preference to local entities.--In

  8  expending state and federal funds for debris clearance,

  9  distribution of supplies, reconstruction, and other major

10  disaster or emergency assistance activities that are carried

11  out by contract or agreement with private organizations,

12  firms, or individuals, preference must be given, to the extent

13  feasible and practicable, to organizations, firms, and

14  individuals who reside or do business primarily in the area

15  affected by the major disaster or emergency. This section does

16  not restrict the use of resources from the Department of

17  Defense in providing assistance following a major disaster.

18         Section 4.  This act shall take effect upon becoming a

19  law, except that section 1 of this act shall take effect

20  October 1, 1999.

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22            *****************************************

23                          SENATE SUMMARY

24    Provides for certain offenses to be reclassified to the
      next higher degree if the offense is committed during a
25    state of emergency or a mandatory evacuation order.
      Provides for a school district's funding under the
26    Florida Education Finance Program to be recalculated if
      the district's enrollment falls following a disaster.
27    Provides that the recalculation provisions apply
      retroactively to the 1998-1999 school year. Requires that
28    preference be given to local organizations, firms, and
      individuals with respect to awarding contracts for
29    clean-up and reconstruction activities following a major
      disaster or emergency. (See bill for details.)
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