Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 282
Barcode 520966
CHAMBER ACTION
Senate House
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11 The Committee on Domestic Security (Dockery) recommended the
12 following substitute for amendment (344926):
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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, a felony offense that is reclassified under this
30 subsection is ranked one level above the ranking under s.
31 921.0022 or s. 921.0023 of the offense committed.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 282
Barcode 520966
1 (4) Burglary is a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084, if, in the course of committing the offense, the
4 offender does not make an assault or battery and is not and
5 does not become armed with a dangerous weapon or explosive,
6 and the offender enters or remains in a:
7 (a) Structure, and there is not another person in the
8 structure at the time the offender enters or remains; or
9 (b) Conveyance, and there is not another person in the
10 conveyance at the time the offender enters or remains.
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12 However, if the burglary is committed within an area that is
13 subject to a state of emergency declared by the Governor under
14 chapter 252, the burglary is a felony of the second degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084. A person arrested for committing a burglary within an
17 area that is subject to a state of emergency declared by the
18 Governor under chapter 252 may not be released until the
19 person appears before a committing magistrate at a
20 first-appearance hearing. For purposes of sentencing under
21 chapter 921, a felony offense that is reclassified under this
22 subsection is ranked one level above the ranking under s.
23 921.0022 or s. 921.0023 of the offense committed.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 On page 1, line 6, after the semicolon,
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30 insert:
31 providing that a person arrested for committing
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 282
Barcode 520966
1 a burglary during a state of emergency may not
2 be released until that person appears before a
3 magistrate at a first-appearance hearing;
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