HB 0207CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to dwelling and structure burglaries
7during a declared state of emergency; amending s. 810.02,
8F.S.; providing that it is a felony of the first degree to
9commit a burglary of a dwelling during a state of
10emergency; providing that it is a felony of the second
11degree to commit a burglary of a structure during a state
12of emergency and, in the course of that burglary, commit
13the crime of grand theft from that structure in an amount
14of $300 or more; providing penalties; providing that a
15person who is arrested for any such felony shall not be
16released until the person appears before a committing
17magistrate at a first appearance hearing; amending s.
18921.0022, F.S.; ranking the offense severity level of such
19felonies in the Criminal Punishment Code; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (5) is added to section 810.02,
25Florida Statutes, to read:
26     810.02  Burglary.--
27     (5)(a)  Burglary of a dwelling during the time of a state
28of emergency, declared by executive order or proclamation of the
29Governor under chapter 252, within the area covered by such
30executive order or proclamation is a felony of the first degree,
31punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
32     (b)  Burglary of a structure during the time of a state of
33emergency, declared by executive order or proclamation of the
34Governor under chapter 252, within the area covered by such
35executive order or proclamation is a felony of the second
36degree, punishable as provided in s. 775.082, s. 775.083, or s.
37775.084, if, in the course of that burglary, the offender also
38commits the offense of grand theft from that structure of
39property valued at $300 or more.
40     (c)  A person arrested for a violation of paragraph (a) or
41paragraph (b) shall not be released until the person appears
42before a committing magistrate at a first appearance hearing.
43     Section 2.  Paragraphs (g) and (h) of subsection (3) of
44section 921.0022, Florida Statutes, are amended to read:
45     921.0022  Criminal Punishment Code; offense severity
46ranking chart.--
47     (3)  OFFENSE SEVERITY RANKING CHART
48
 
FloridaStatuteFelonyDegreeDescription
49
 


(g)  LEVEL 7
50
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
51
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
52
 
316.1935(3)(b)1stCausing 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.
53
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
54
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
55
 
409.920(2)3rdMedicaid provider fraud.
56
 
456.065(2)3rdPracticing a health care profession without a license.
57
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
58
 
458.327(1)3rdPracticing medicine without a license.
59
 
459.013(1)3rdPracticing osteopathic medicine without a license.
60
 
460.411(1)3rdPracticing chiropractic medicine without a license.
61
 
461.012(1)3rdPracticing podiatric medicine without a license.
62
 
462.173rdPracticing naturopathy without a license.
63
 
463.015(1)3rdPracticing optometry without a license.
64
 
464.016(1)3rdPracticing nursing without a license.
65
 
465.015(2)3rdPracticing pharmacy without a license.
66
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
67
 
467.2013rdPracticing midwifery without a license.
68
 
468.3663rdDelivering respiratory care services without a license.
69
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
70
 
483.901(9)3rdPracticing medical physics without a license.
71
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
72
 
484.0533rdDispensing hearing aids without a license.
73
 
494.0018(2)1stConviction 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.
74
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
75
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
76
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
77
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
78
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
79
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
80
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
81
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
82
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
83
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
84
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
85
 
784.048(7)3rdAggravated stalking; violation of court order.
86
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
87
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
88
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
89
 
784.081(1)1stAggravated battery on specified official or employee.
90
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
91
 
784.083(1)1stAggravated battery on code inspector.
92
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
93
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
94
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
95
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
96
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
97
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
98
 
796.032ndProcuring any person under 16 years for prostitution.
99
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
100
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
101
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
102
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
103
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
104
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
105
 
810.02(5)(b)2ndBurglary of a structure during time of a declared state of emergency and grand theft of property valued at $300 or more.
106
 
812.014(2)(a)1.1stProperty stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft.
107
 
812.014(2)(b)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
108
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
109
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
110
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
111
 
812.131(2)(a)2ndRobbery by sudden snatching.
112
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
113
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
114
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
115
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
116
 
817.2341(2)(b) & (3)(b)1stMaking 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.
117
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
118
 
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
119
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
120
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
121
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
122
 
838.0152ndBribery.
123
 
838.0162ndUnlawful compensation or reward for official behavior.
124
 
838.021(3)(a)2ndUnlawful harm to a public servant.
125
 
838.222ndBid tampering.
126
 
872.062ndAbuse of a dead human body.
127
 
893.13(1)(c)1.1stSell, 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.
128
 
893.13(1)(e)1.1stSell, 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.
129
 
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
130
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
131
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
132
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
133
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
134
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
135
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
136
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
137
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
138
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
139
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
140
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
141
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
142
 


(h)  LEVEL 8
143
 
316.193(3)(c)3.a.2ndDUI manslaughter.
144
 
316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.
145
 
327.35(3)(c)3.2ndVessel BUI manslaughter.
146
 
499.0051(7)1stForgery of prescription or legend drug labels.
147
 
499.00521stTrafficking in contraband legend drugs.
148
 
560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
149
 
560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
150
 
655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
151
 
777.03(2)(a)1stAccessory after the fact, capital felony.
152
 
782.04(4)2ndKilling 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.
153
 
782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
154
 
782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.
155
 
782.072(2)1stCommitting vessel homicide and failing to render aid or give information.
156
 
790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.
157
 
794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
158
 
800.04(4)2ndLewd or lascivious battery.
159
 
806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.
160
 
810.02(2)(a)1st,PBLBurglary with assault or battery.
161
 
810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.
162
 
810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
163
 
810.02(5)(a)1stBurglary of a dwelling during time of a declared state of emergency.
164
 
812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
165
 
812.13(2)(b)1stRobbery with a weapon.
166
 
812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.
167
 
817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.
168
 
825.102(2)2ndAggravated abuse of an elderly person or disabled adult.
169
 
825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.
170
 
825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.
171
 
837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.
172
 
837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.
173
 
860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
174
 
860.161stAircraft piracy.
175
 
893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
176
 
893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
177
 
893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
178
 
893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
179
 
893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.
180
 
893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.
181
 
893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.
182
 
893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
183
 
893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.
184
 
893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.
185
 
893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
186
 
893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
187
 
893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.
188
 
895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.
189
 
895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
190
 
895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.
191
 
896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
192
 
896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
193
194     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.