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