| 1 | A bill to be entitled |
| 2 | An act relating to dwelling and structure burglaries |
| 3 | during a declared state of emergency; amending s. 810.02, |
| 4 | F.S.; providing that it is a felony of the first degree to |
| 5 | commit a burglary of a dwelling during a state of |
| 6 | emergency; providing that it is a felony of the second |
| 7 | degree to commit a burglary of a structure during a state |
| 8 | of emergency and, in the course of that burglary, commit |
| 9 | the crime of grand theft from that structure in an amount |
| 10 | of $300 or more; providing penalties; providing that a |
| 11 | person who is arrested for any such felony shall be held |
| 12 | in custody until brought before the court for admittance |
| 13 | to bail; amending s. 921.0022, F.S.; ranking the offense |
| 14 | severity level of such felonies in the Criminal Punishment |
| 15 | Code; providing an effective date. |
| 16 |
|
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
|
| 19 | Section 1. Subsection (5) is added to section 810.02, |
| 20 | Florida Statutes, to read: |
| 21 | 810.02 Burglary.-- |
| 22 | (5)(a) Burglary of a dwelling during the time of a state |
| 23 | of emergency, declared by executive order or proclamation of the |
| 24 | Governor under chapter 252, within the area covered by such |
| 25 | executive order or proclamation is a felony of the first degree, |
| 26 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 27 | (b) Burglary of a structure during the time of a state of |
| 28 | emergency, declared by executive order or proclamation of the |
| 29 | Governor under chapter 252, within the area covered by such |
| 30 | executive order or proclamation is a felony of the second |
| 31 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 32 | 775.084, if, in the course of that burglary, the offender also |
| 33 | commits the offense of grand theft from that structure of |
| 34 | property valued at $300 or more. |
| 35 | (c) A person who is arrested for a violation of paragraph |
| 36 | (a) or paragraph (b) shall be held in custody until brought |
| 37 | before the court for admittance to bail in accordance with |
| 38 | chapter 903. |
| 39 | Section 2. Paragraphs (g) and (h) of subsection (3) of |
| 40 | section 921.0022, Florida Statutes, are amended to read: |
| 41 | 921.0022 Criminal Punishment Code; offense severity |
| 42 | ranking chart.-- |
| 43 | (3) OFFENSE SEVERITY RANKING CHART |
| 44 |
|
| | |
| FloridaStatute | FelonyDegree | Description |
|
| 45 |
|
| | |
| 46 |
|
| | |
| 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
| 47 |
|
| | |
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 48 |
|
| | |
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 49 |
|
| | |
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 50 |
|
| | |
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 51 |
|
| | |
| 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 52 |
|
| | |
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 53 |
|
| | |
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 54 |
|
| | |
| 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 55 |
|
| | |
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 56 |
|
| | |
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 57 |
|
| | |
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 58 |
|
| | |
| 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 59 |
|
| | |
| 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 60 |
|
| | |
| 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 61 |
|
| | |
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 62 |
|
| | |
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 63 |
|
| | |
| 467.201 | 3rd | Practicing midwifery without a license. |
|
| 64 |
|
| | |
| 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 65 |
|
| | |
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 66 |
|
| | |
| 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 67 |
|
| | |
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 68 |
|
| | |
| 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 69 |
|
| | |
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 70 |
|
| | |
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 71 |
|
| | |
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 72 |
|
| | |
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 73 |
|
| | |
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 74 |
|
| | |
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 75 |
|
| | |
| 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 76 |
|
| | |
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 77 |
|
| | |
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 78 |
|
| | |
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 79 |
|
| | |
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 80 |
|
| | |
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 81 |
|
| | |
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 82 |
|
| | |
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 83 |
|
| | |
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 84 |
|
| | |
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 85 |
|
| | |
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 86 |
|
| | |
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 87 |
|
| | |
| 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 88 |
|
| | |
| 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 89 |
|
| | |
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 90 |
|
| | |
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 91 |
|
| | |
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 92 |
|
| | |
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 93 |
|
| | |
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 94 |
|
| | |
| 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 95 |
|
| | |
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 96 |
|
| | |
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 97 |
|
| | |
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 98 |
|
| | |
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 99 |
|
| | |
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 100 |
|
| | |
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 101 |
|
| | |
| 810.02(5)(b) | 2nd | Burglary of a structure during time of a declared state of emergency and grand theft of property valued at $300 or more. |
|
| 102 |
|
| | |
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. |
|
| 103 |
|
| | |
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 104 |
|
| | |
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 105 |
|
| | |
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 106 |
|
| | |
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 107 |
|
| | |
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 108 |
|
| | |
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 109 |
|
| | |
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 110 |
|
| | |
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 111 |
|
| | |
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 112 |
|
| | |
| 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
| 113 |
|
| | |
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 114 |
|
| | |
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 115 |
|
| | |
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 116 |
|
| | |
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 117 |
|
| | |
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 118 |
|
| | |
| 119 |
|
| | |
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 120 |
|
| | |
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 121 |
|
| | |
| 122 |
|
| | |
| 872.06 | 2nd | Abuse of a dead human body. |
|
| 123 |
|
| | |
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 124 |
|
| | |
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 125 |
|
| | |
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 126 |
|
| | |
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 127 |
|
| | |
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 128 |
|
| | |
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 129 |
|
| | |
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 130 |
|
| | |
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 131 |
|
| | |
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 132 |
|
| | |
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 133 |
|
| | |
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 134 |
|
| | |
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 135 |
|
| | |
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 136 |
|
| | |
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 137 |
|
| | |
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 138 |
|
| | |
| 139 |
|
| | |
| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 140 |
|
| | |
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 141 |
|
| | |
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 142 |
|
| | |
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
| 143 |
|
| | |
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
| 144 |
|
| | |
| 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
|
| 145 |
|
| | |
| 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
|
| 146 |
|
| | |
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 147 |
|
| | |
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 148 |
|
| | |
| 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
|
| 149 |
|
| | |
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 150 |
|
| | |
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 151 |
|
| | |
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 152 |
|
| | |
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 153 |
|
| | |
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 154 |
|
| | |
| 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 155 |
|
| | |
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 156 |
|
| | |
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 157 |
|
| | |
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 158 |
|
| | |
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 159 |
|
| | |
| 810.02(5)(a) | 1st | Burglary of a dwelling during time of a declared state of emergency. |
|
| 160 |
|
| | |
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 161 |
|
| | |
| 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 162 |
|
| | |
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 163 |
|
| | |
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 164 |
|
| | |
| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
| 165 |
|
| | |
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 166 |
|
| | |
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 167 |
|
| | |
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 168 |
|
| | |
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 169 |
|
| | |
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 170 |
|
| | |
| 860.16 | 1st | Aircraft piracy. |
|
| 171 |
|
| | |
| 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 172 |
|
| | |
| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 173 |
|
| | |
| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 174 |
|
| | |
| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 175 |
|
| | |
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 176 |
|
| | |
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 177 |
|
| | |
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 178 |
|
| | |
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 179 |
|
| | |
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 180 |
|
| | |
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 181 |
|
| | |
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 182 |
|
| | |
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 183 |
|
| | |
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 184 |
|
| | |
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 185 |
|
| | |
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 186 |
|
| | |
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 187 |
|
| | |
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 188 |
|
| | |
| 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
|
| 189 |
|
| 190 | Section 3. This act shall take effect July 1, 2005. |