HB 0207

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to criminal acts committed during a state
7	of emergency; amending s. 810.02, F.S.; providing enhanced
8	penalties for specified burglaries that are committed
9	during a state of emergency; providing that a person
10	arrested for committing a burglary during a state of
11	emergency may not be released until that person appears
12	before a magistrate at a first-appearance hearing;
13	directing that a felony burglary committed during a state
14	of emergency be reclassified one level above the current
15	ranking of the offense committed; amending s. 812.014,
16	F.S.; providing enhanced penalties for the theft of
17	certain property stolen during a state of emergency;
18	directing that a felony theft committed during a state of
19	emergency be reclassified one level above the current
20	ranking of the offense committed; providing an effective
21	date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsections (3) and (4) of section 810.02,
26	Florida Statutes, are amended to read:
27	810.02  Burglary.--
28	(3)  Burglary is a felony of the second degree, punishable
29	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
30	course of committing the offense, the offender does not make an
31	assault or battery and is not and does not become armed with a
32	dangerous weapon or explosive, and the offender enters or
33	remains in a:
34	(a)  Dwelling, and there is another person in the dwelling
35	at the time the offender enters or remains;
36	(b)  Dwelling, and there is not another person in the
37	dwelling at the time the offender enters or remains;
38	(c)  Structure, and there is another person in the
39	structure at the time the offender enters or remains; or
40	(d)  Conveyance, and there is another person in the
41	conveyance at the time the offender enters or remains.
42
43	However, if the burglary is committed within an area that is
44	subject to a state of emergency declared by the Governor under
45	chapter 252, the burglary is a felony of the first degree,
46	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
47	A person arrested for committing a burglary within an area that
48	is subject to a state of emergency declared by the Governor
49	under chapter 252 may not be released until the person appears
50	before a committing magistrate at a first-appearance hearing.
51	For purposes of sentencing under chapter 921, a felony offense
52	that is reclassified under this subsection is ranked one level
53	above the ranking under s. 921.0022 or s. 921.0023 of the
54	offense committed.
55	(4)  Burglary is a felony of the third degree, punishable
56	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
57	course of committing the offense, the offender does not make an
58	assault or battery and is not and does not become armed with a
59	dangerous weapon or explosive, and the offender enters or
60	remains in a:
61	(a)  Structure, and there is not another person in the
62	structure at the time the offender enters or remains; or
63	(b)  Conveyance, and there is not another person in the
64	conveyance at the time the offender enters or remains.
65
66	However, if the burglary is committed within an area that is
67	subject to a state of emergency declared by the Governor under
68	chapter 252, the burglary is a felony of the second degree,
69	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
70	A person arrested for committing a burglary within an area that
71	is subject to a state of emergency declared by the Governor
72	under chapter 252 may not be released until the person appears
73	before a committing magistrate at a first-appearance hearing.
74	For purposes of sentencing under chapter 921, a felony offense
75	that is reclassified under this subsection is ranked one level
76	above the ranking under s. 921.0022 or s. 921.0023 of the
77	offense committed.
78	Section 2.  Paragraphs (b) and (c) of subsection (2) of
79	section 812.014, Florida Statutes, are amended to read:
80	812.014  Theft.--
81	(2)
82	(b)1.  If the property stolen is valued at $20,000 or more,
83	but less than $100,000;
84	2.  The property stolen is cargo valued at less than
85	$50,000 that has entered the stream of interstate or intrastate
86	commerce from the shipper's loading platform to the consignee's
87	receiving dock; or
88	3.  The property stolen is emergency medical equipment,
89	valued at $300 or more, that is taken from a facility licensed
90	under chapter 395 or from an aircraft or vehicle permitted under
91	chapter 401,
92
93	the offender commits grand theft in the second degree,
94	punishable as a felony of the second degree, as provided in s.
95	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
96	means mechanical or electronic apparatus used to provide
97	emergency services and care as defined in s. 395.002(10) or to
98	treat medical emergencies. However, if the property is stolen
99	within an area that is subject to a state of emergency declared
100	by the Governor under chapter 252, the offender commits a felony
101	of the first degree, punishable as provided in s. 775.082, s.
102	775.083, or s. 775.084. For purposes of sentencing under chapter
103	921, a felony offense that is reclassified under this paragraph
104	is ranked one level above the ranking under s. 921.0022 or s.
105	921.0023 of the offense committed.
106	(c)  It is grand theft of the third degree and a felony of
107	the third degree, punishable as provided in s. 775.082, s.
108	775.083, or s. 775.084, if the property stolen is:
109	1.  Valued at $300 or more, but less than $5,000.
110	2.  Valued at $5,000 or more, but less than $10,000.
111	3.  Valued at $10,000 or more, but less than $20,000.
112	4.  A will, codicil, or other testamentary instrument.
113	5.  A firearm.
114	6.  A motor vehicle, except as provided in paragraph
115	(2)(a).
116	7.  Any commercially farmed animal, including any animal of
117	the equine, bovine, or swine class, or other grazing animal, and
118	including aquaculture species raised at a certified aquaculture
119	facility. If the property stolen is aquaculture species raised
120	at a certified aquaculture facility, then a $10,000 fine shall
121	be imposed.
122	8.  Any fire extinguisher.
123	9.  Any amount of citrus fruit consisting of 2,000 or more
124	individual pieces of fruit.
125	10.  Taken from a designated construction site identified
126	by the posting of a sign as provided for in s. 810.09(2)(d).
127	11.  Any stop sign.
128	12.  Anhydrous ammonia.
129
130	However, if the property is stolen within an area that is
131	subject to a state of emergency declared by the Governor under
132	chapter 252 and the property is valued at $5,000 or more, but
133	less than $10,000, as provided under subparagraph 2., or the
134	property is valued at $10,000 or more, but less than $20,000, as
135	provided under subparagraph 3., the offender commits a felony of
136	the second degree, punishable as provided in s. 775.082, s.
137	775.083, or s. 775.084. For purposes of sentencing under chapter
138	921, a felony offense that is reclassified under this paragraph
139	is ranked one level above the ranking under s. 921.0022 or s.
140	921.0023 of the offense committed.
141	Section 3.  This act shall take effect July 1, 2005.

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