Senate Bill sb1080c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                   CS for SB's 1080 & 950

    By the Committee on Criminal Justice and Senators Villalobos
    and Smith




    307-1626-01

  1                      A bill to be entitled

  2         An act relating to burglary; creating s.

  3         810.015, F.S.; providing legislative findings

  4         and intent; providing for retroactive

  5         operation; amending s. 810.02, F.S.; revising

  6         the definition of burglary; reenacting s.

  7         943.325(1)(a), F.S.; providing an effective

  8         date.

  9

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

11

12         Section 1.  Section 810.015, Florida Statutes, is

13  created to read:

14         810.015  Legislative findings and intent; burglary.--

15         (1)  The Legislature finds that the case of Delgado v.

16  State, Slip Opinion No. SC88638 (Fla. 2000) was decided

17  contrary to legislative intent and the case law of this state

18  relating to burglary prior to Delgado v. State. The

19  Legislature finds that in order for a burglary to occur, it is

20  not necessary for the licensed or invited person to remain in

21  the dwelling, structure, or conveyance surreptitiously.

22         (2)  It is the intent of the Legislature that the

23  holding in Delgado v. State, Slip Opinion No. SC88638 be

24  nullified. It is further the intent of the Legislature that s.

25  810.02(1)(a) be construed in conformity with Raleigh v. State,

26  705 So.2d 1324(Fla. 1997); Jimenez v. State, 703 So.2d

27  437(Fla. 1997); Robertson v. State, 699 So.2d 1343(Fla. 1997);

28  Routly v. State, 440 So.2d 1257(Fla. 1983); and Ray v. State,

29  522 So.2d 963(Fla. 3rd DCA, 1988). This subsection shall

30  operate retroactively to February 1, 2000.

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    Florida Senate - 2001                   CS for SB's 1080 & 950
    307-1626-01




  1         (3)  It is further the intent of the Legislature that

  2  consent remain an affirmative defense to burglary and that the

  3  lack of consent may be proven by circumstantial evidence.

  4         Section 2.  Section 810.02, Florida Statutes, is

  5  amended to read:

  6         810.02  Burglary.--

  7         (1)(a)  For offenses committed on or before July 1,

  8  2001, "burglary" means entering or remaining in a dwelling, a

  9  structure, or a conveyance with the intent to commit an

10  offense therein, unless the premises are at the time open to

11  the public or the defendant is licensed or invited to enter or

12  remain.

13         (b)  For offenses committed after July 1, 2001,

14  "burglary" means:

15         1.  Entering a dwelling, a structure, or a conveyance

16  with the intent to commit an offense therein, unless the

17  premises are at the time open to the public or the defendant

18  is licensed or invited to enter; or

19         2.  Notwithstanding a licensed or invited entry,

20  remaining in a dwelling, structure, or conveyance:

21         a.  Surreptitiously, with the intent to commit an

22  offense therein;

23         b.  After permission to remain therein has been

24  withdrawn, with the intent to commit an offense therein; or

25         c.  To commit or attempt to commit a forcible felony,

26  as defined in s. 776.08.

27         (2)  Burglary is a felony of the first degree,

28  punishable by imprisonment for a term of years not exceeding

29  life imprisonment or as provided in s. 775.082, s. 775.083, or

30  s. 775.084, if, in the course of committing the offense, the

31  offender:

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    Florida Senate - 2001                   CS for SB's 1080 & 950
    307-1626-01




  1         (a)  Makes an assault or battery upon any person; or

  2         (b)  Is or becomes armed within the dwelling,

  3  structure, or conveyance, with explosives or a dangerous

  4  weapon; or

  5         (c)  Enters an occupied or unoccupied dwelling or

  6  structure, and:

  7         1.  Uses a motor vehicle as an instrumentality, other

  8  than merely as a getaway vehicle, to assist in committing the

  9  offense, and thereby damages the dwelling or structure; or

10         2.  Causes damage to the dwelling or structure, or to

11  property within the dwelling or structure in excess of $1,000.

12         (3)  Burglary is a felony of the second degree,

13  punishable as provided in s. 775.082, s. 775.083, or s.

14  775.084, if, in the course of committing the offense, the

15  offender does not make an assault or battery and is not and

16  does not become armed with a dangerous weapon or explosive,

17  and the offender enters or remains in a:

18         (a)  Dwelling, and there is another person in the

19  dwelling at the time the offender enters or remains;

20         (b)  Dwelling, and there is not another person in the

21  dwelling at the time the offender enters or remains;

22         (c)  Structure, and there is another person in the

23  structure at the time the offender enters or remains; or

24         (d)  Conveyance, and there is another person in the

25  conveyance at the time the offender enters or remains.

26         (4)  Burglary is a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084, if, in the course of committing the offense, the

29  offender does not make an assault or battery and is not and

30  does not become armed with a dangerous weapon or explosive,

31  and the offender enters or remains in a:

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    Florida Senate - 2001                   CS for SB's 1080 & 950
    307-1626-01




  1         (a)  Structure, and there is not another person in the

  2  structure at the time the offender enters or remains; or

  3         (b)  Conveyance, and there is not another person in the

  4  conveyance at the time the offender enters or remains.

  5         Section 3.  For the purposes of incorporating the

  6  amendment to section 810.02, Florida Statutes, in references

  7  thereto, paragraph (a) of subsection (1) of section 943.325,

  8  Florida Statutes, is reenacted to read:

  9         943.325  Blood specimen testing for DNA analysis.--

10         (1)(a)  Any person who is convicted or was previously

11  convicted in this state for any offense or attempted offense

12  defined in chapter 794, chapter 800, s. 782.04, s. 784.045, s.

13  810.02, s. 812.133, or s. 812.135 and who is either:

14         1.  Still incarcerated, or

15         2.  No longer incarcerated but is within the confines

16  of the legal state boundaries and is on probation, community

17  control, parole, conditional release, control release, or any

18  other court-ordered supervision,

19

20  shall be required to submit two specimens of blood to a

21  Department of Law Enforcement designated testing facility as

22  directed by the department.

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

24  law.

25

26          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
27                     Senate Bill's 1080 & 950

28

29  Includes the substance, but not the specific language of SB
    950, relating to the interpretation of the burglary
30  definition, and includes the bill reference.

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