Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 282
Barcode 344926
CHAMBER ACTION
Senate House
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11 The Committee on Domestic Security (Dockery) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, line 8, through
16 page 3, line 5, delete those lines
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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.
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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.
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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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 On page 1, line 6, after the semicolon,
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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;
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