Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 282
                        Barcode 344926
                            CHAMBER ACTION
              Senate                               House
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       04/13/2005 03:46 PM         .                    
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11  The Committee on Domestic Security (Dockery) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 2, line 8, through
16            page 3, line 5, delete those lines
17  
18  and insert:  
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20  However, if the burglary is committed within an area that is
21  subject to a state of emergency declared by the Governor under
22  chapter 252, the burglary is a felony of the first degree,
23  punishable as provided in s. 775.082, s. 775.083, or s.
24  775.084. A person arrested for committing a burglary within an
25  area that is subject to a state of emergency declared by the
26  Governor under chapter 252 may not be released until the
27  person appears before a committing magistrate at a
28  first-appearance hearing. For purposes of sentencing under
29  chapter 921 and determining eligibility for incentive
30  gain-time under chapter 944, a felony offense that is
31  reclassified under this subsection is ranked one level above
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    9:24 AM   04/13/05                             s0282c-ds15-c8u

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 282 Barcode 344926 1 the ranking under s. 921.0022 or s. 921.0023 of the offense 2 committed. 3 (4) Burglary is a felony of the third degree, 4 punishable as provided in s. 775.082, s. 775.083, or s. 5 775.084, if, in the course of committing the offense, the 6 offender does not make an assault or battery and is not and 7 does not become armed with a dangerous weapon or explosive, 8 and the offender enters or remains in a: 9 (a) Structure, and there is not another person in the 10 structure at the time the offender enters or remains; or 11 (b) Conveyance, and there is not another person in the 12 conveyance at the time the offender enters or remains. 13 14 However, if the burglary is committed within an area that is 15 subject to a state of emergency declared by the Governor under 16 chapter 252, the burglary is a felony of the second degree, 17 punishable as provided in s. 775.082, s. 775.083, or s. 18 775.084. A person arrested for committing a burglary within an 19 area that is subject to a state of emergency declared by the 20 Governor under chapter 252 may not be released until the 21 person appears before a committing magistrate at a 22 first-appearance hearing. For purposes of sentencing under 23 chapter 921 and determining eligibility for incentive 24 gain-time under chapter 944, a felony offense that is 25 reclassified under this subsection is ranked one level above 26 the ranking under s. 921.0022 or s. 921.0023 of the offense 27 committed. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 2 9:24 AM 04/13/05 s0282c-ds15-c8u
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 282 Barcode 344926 1 On page 1, line 6, after the semicolon, 2 3 insert: 4 providing that a person arrested for committing 5 a burglary during a state of emergency may not 6 be released until that person appears before a 7 magistrate at a first-appearance hearing; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 9:24 AM 04/13/05 s0282c-ds15-c8u