Senate Bill sb0158

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    Florida Senate - 2003                                   SB 158

    By Senator Villalobos





    38-190-03

  1                      A bill to be entitled

  2         An act relating to facilitating or furthering a

  3         burglary; creating s. 810.061, F.S.; defining

  4         the term "burglary"; providing that it is a

  5         third-degree felony for a person to damage a

  6         wire or line that transmits or conveys

  7         telephone or power to a dwelling or to

  8         otherwise impair or impede such telephone or

  9         power transmission or conveyance for the

10         purpose of facilitating or furthering the

11         commission or attempted commission of a

12         burglary of a dwelling; reenacting s.

13         810.02(1)(b), F.S., relating to the definition

14         of the term "burglary"; amending s. 921.0022,

15         F.S., relating to the offense severity ranking

16         chart of the Criminal Punishment Code;

17         conforming provisions to changes made by the

18         act; providing an effective date.

19  

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

21  

22         Section 1.  Section 810.061, Florida Statutes, is

23  created to read:

24         810.061  Impairing or impeding telephone or power to a

25  dwelling; facilitating or furthering a burglary; penalty.--

26         (1)  As used in this section, the term "burglary" has

27  the meaning ascribed in s. 810.02(1)(b).

28         (2)  A person who, for the purpose of facilitating or

29  furthering the commission or attempted commission of a

30  burglary of a dwelling by any person, damages a wire or line

31  that transmits or conveys telephone or power to that dwelling,

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    Florida Senate - 2003                                   SB 158
    38-190-03




 1  impairs any other equipment necessary for telephone or power

 2  transmission or conveyance, or otherwise impairs or impedes

 3  such telephone or power transmission or conveyance commits a

 4  felony of the third degree, punishable as provided in s.

 5  775.082, s. 775.083, or s. 775.084.

 6         Section 2.  Paragraph (b) of subsection (1) of section

 7  810.02, Florida Statutes, is reenacted to read:

 8         810.02  Burglary.--

 9         (1)

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

11  "burglary" means:

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

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

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

15  is licensed or invited to enter; or

16         2.  Notwithstanding a licensed or invited entry,

17  remaining in a dwelling, structure, or conveyance:

18         a.  Surreptitiously, with the intent to commit an

19  offense therein;

20         b.  After permission to remain therein has been

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

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

23  as defined in s. 776.08.

24         Section 3.  Paragraph (b) of subsection (3) of section

25  921.0022, Florida Statutes, is amended to read:

26         921.0022  Criminal Punishment Code; offense severity

27  ranking chart.--

28         (3)  OFFENSE SEVERITY RANKING CHART

29  

30  

31  

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    Florida Senate - 2003                                   SB 158
    38-190-03




 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4                     

 5                              (b)  LEVEL 2

 6  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

 7                              lbs. in weight or 100 cubic feet

 8                              in volume or any quantity for

 9                              commercial purposes, or hazardous

10                              waste.

11  517.07             3rd      Registration of securities and

12                              furnishing of prospectus

13                              required.

14  590.28(1)          3rd      Willful, malicious, or

15                              intentional burning.

16  784.05(3)          3rd      Storing or leaving a loaded

17                              firearm within reach of minor who

18                              uses it to inflict injury or

19                              death.

20  787.04(1)          3rd      In violation of court order,

21                              take, entice, etc., minor beyond

22                              state limits.

23  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

24                              or more to public communication

25                              or any other public service.

26  810.061(2)         3rd      Impairing or impeding telephone

27                              or power to a dwelling;

28                              facilitating or furthering

29                              burglary.

30  810.09(2)(e)       3rd      Trespassing on posted commercial

31                              horticulture property.

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    Florida Senate - 2003                                   SB 158
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 1  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

 2                              more but less than $5,000.

 3  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

 4                              more but less than $300, taken

 5                              from unenclosed curtilage of

 6                              dwelling.

 7  812.015(7)         3rd      Possession, use, or attempted use

 8                              of an antishoplifting or

 9                              inventory control device

10                              countermeasure.

11  817.234(1)(a)2.    3rd      False statement in support of

12                              insurance claim.

13  817.481(3)(a)      3rd      Obtain credit or purchase with

14                              false, expired, counterfeit,

15                              etc., credit card, value over

16                              $300.

17  817.52(3)          3rd      Failure to redeliver hired

18                              vehicle.

19  817.54             3rd      With intent to defraud, obtain

20                              mortgage note, etc., by false

21                              representation.

22  817.60(5)          3rd      Dealing in credit cards of

23                              another.

24  817.60(6)(a)       3rd      Forgery; purchase goods, services

25                              with false card.

26  817.61             3rd      Fraudulent use of credit cards

27                              over $100 or more within 6

28                              months.

29  826.04             3rd      Knowingly marries or has sexual

30                              intercourse with person to whom

31                              related.

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    Florida Senate - 2003                                   SB 158
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 1  831.01             3rd      Forgery.

 2  831.02             3rd      Uttering forged instrument;

 3                              utters or publishes alteration

 4                              with intent to defraud.

 5  831.07             3rd      Forging bank bills, checks,

 6                              drafts, or promissory notes.

 7  831.08             3rd      Possessing 10 or more forged

 8                              notes, bills, checks, or drafts.

 9  831.09             3rd      Uttering forged notes, bills,

10                              checks, drafts, or promissory

11                              notes.

12  831.11             3rd      Bringing into the state forged

13                              bank bills, checks, drafts, or

14                              notes.

15  832.05(3)(a)       3rd      Cashing or depositing item with

16                              intent to defraud.

17  843.08             3rd      Falsely impersonating an officer.

18  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

19                              (2)(c)1., (2)(c)2., (2)(c)3.,

20                              (2)(c)5., (2)(c)6., (2)(c)7.,

21                              (2)(c)8., (2)(c)9., (3), or (4)

22                              drugs other than cannabis.

23  893.147(2)         3rd      Manufacture or delivery of drug

24                              paraphernalia.

25         Section 4.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                   SB 158
    38-190-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that a person who damages a wire or line that
      transmits or conveys telephone or power to a dwelling,
 4    impairs transmission or conveyance equipment, or
      otherwise impairs or impedes telephone or power
 5    transmission or conveyance for the purpose of
      facilitating or furthering the commission or attempted
 6    commission of a burglary of a dwelling commits a felony
      of the third degree.
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