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.
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20 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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Florida Senate - 2003 SB 158
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1 Florida Felony
2 Statute Degree Description
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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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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
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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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