Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 282
                        Barcode 520966
                            CHAMBER ACTION
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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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    12:02 PM   04/13/05                            s0282c-ds15-j02

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. 11 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. 24 25 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, 29 30 insert: 31 providing that a person arrested for committing 2 12:02 PM 04/13/05 s0282c-ds15-j02
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; 4 5 6 7 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 12:02 PM 04/13/05 s0282c-ds15-j02