Senate Bill sb0282

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    Florida Senate - 2005                                   SB 282

    By Senator Aronberg





    27-211-05

  1                      A bill to be entitled

  2         An act relating to criminal acts committed

  3         during a state of emergency; amending s.

  4         810.02, F.S.; providing enhanced penalties for

  5         specified burglaries that are committed during

  6         a state of emergency; directing that a felony

  7         burglary committed during a state of emergency

  8         be reclassified one level above the current

  9         ranking of the offense committed; amending s.

10         812.014, F.S.; providing enhanced penalties for

11         the theft of certain property stolen during a

12         state of emergency; directing that a felony

13         theft committed during a state of emergency be

14         reclassified one level above the current

15         ranking of the offense committed; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsections (3) and (4) of section 810.02,

21  Florida Statutes, are amended to read:

22         810.02  Burglary.--

23         (3)  Burglary is a felony of the second degree,

24  punishable as provided in s. 775.082, s. 775.083, or s.

25  775.084, if, in the course of committing the offense, the

26  offender does not make an assault or battery and is not and

27  does not become armed with a dangerous weapon or explosive,

28  and the offender enters or remains in a:

29         (a)  Dwelling, and there is another person in the

30  dwelling at the time the offender enters or remains;

31  

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    Florida Senate - 2005                                   SB 282
    27-211-05




 1         (b)  Dwelling, and there is not another person in the

 2  dwelling at the time the offender enters or remains;

 3         (c)  Structure, and there is another person in the

 4  structure at the time the offender enters or remains; or

 5         (d)  Conveyance, and there is another person in the

 6  conveyance at the time the offender enters or remains.

 7  

 8  However, if the burglary is committed within an area that is

 9  subject to a state of emergency declared by the Governor under

10  chapter 252, the burglary is a felony of the first degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084. For purposes of sentencing under chapter 921 and

13  determining eligibility for incentive gain-time under chapter

14  944, a felony offense that is reclassified under this

15  subsection is ranked one level above the ranking under s.

16  921.0022 or s. 921.0023 of the offense committed.

17         (4)  Burglary is a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084, if, in the course of committing the offense, the

20  offender does not make an assault or battery and is not and

21  does not become armed with a dangerous weapon or explosive,

22  and the offender enters or remains in a:

23         (a)  Structure, and there is not another person in the

24  structure at the time the offender enters or remains; or

25         (b)  Conveyance, and there is not another person in the

26  conveyance at the time the offender enters or remains.

27  

28  However, if the burglary is committed within an area that is

29  subject to a state of emergency declared by the Governor under

30  chapter 252, the burglary is a felony of the second degree,

31  punishable as provided in s. 775.082, s. 775.083, or s.

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    Florida Senate - 2005                                   SB 282
    27-211-05




 1  775.084. For purposes of sentencing under chapter 921 and

 2  determining eligibility for incentive gain-time under chapter

 3  944, a felony offense that is reclassified under this

 4  subsection is ranked one level above the ranking under s.

 5  921.0022 or s. 921.0023 of the offense committed.

 6         Section 2.  Paragraphs (b) and (c) of subsection (2) of

 7  section 812.014, Florida Statutes, are amended to read:

 8         812.014  Theft.--

 9         (2)

10         (b)1.  If the property stolen is valued at $20,000 or

11  more, but less than $100,000;

12         2.  The property stolen is cargo valued at less than

13  $50,000 that has entered the stream of interstate or

14  intrastate commerce from the shipper's loading platform to the

15  consignee's receiving dock; or

16         3.  The property stolen is emergency medical equipment,

17  valued at $300 or more, that is taken from a facility licensed

18  under chapter 395 or from an aircraft or vehicle permitted

19  under chapter 401,

20  

21  the offender commits grand theft in the second degree,

22  punishable as a felony of the second degree, as provided in s.

23  775.082, s. 775.083, or s. 775.084. Emergency medical

24  equipment means mechanical or electronic apparatus used to

25  provide emergency services and care as defined in s.

26  395.002(10) or to treat medical emergencies. However, if the

27  property is stolen within an area that is subject to a state

28  of emergency declared by the Governor under chapter 252, the

29  offender commits a felony of the first degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084. For

31  purposes of sentencing under chapter 921 and determining

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    Florida Senate - 2005                                   SB 282
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 1  eligibility for incentive gain-time under chapter 944, a

 2  felony offense that is reclassified under this paragraph is

 3  ranked one level above the ranking under s. 921.0022 or s.

 4  921.0023 of the offense committed.

 5         (c)  It is grand theft of the third degree and a felony

 6  of the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084, if the property stolen is:

 8         1.  Valued at $300 or more, but less than $5,000.

 9         2.  Valued at $5,000 or more, but less than $10,000.

10         3.  Valued at $10,000 or more, but less than $20,000.

11         4.  A will, codicil, or other testamentary instrument.

12         5.  A firearm.

13         6.  A motor vehicle, except as provided in paragraph

14  (2)(a).

15         7.  Any commercially farmed animal, including any

16  animal of the equine, bovine, or swine class, or other grazing

17  animal, and including aquaculture species raised at a

18  certified aquaculture facility.  If the property stolen is

19  aquaculture species raised at a certified aquaculture

20  facility, then a $10,000 fine shall be imposed.

21         8.  Any fire extinguisher.

22         9.  Any amount of citrus fruit consisting of 2,000 or

23  more individual pieces of fruit.

24         10.  Taken from a designated construction site

25  identified by the posting of a sign as provided for in s.

26  810.09(2)(d).

27         11.  Any stop sign.

28         12.  Anhydrous ammonia.

29  

30  However, if the property is stolen within an area that is

31  subject to a state of emergency declared by the Governor under

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    Florida Senate - 2005                                   SB 282
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 1  chapter 252, and the property is valued at $5,000 or more, but

 2  less than $10,000, as provided under subparagraph 2., or the

 3  property is valued at $10,000 or more, but less than $20,000,

 4  as provided under subparagraph 3., the offender commits a

 5  felony of the second degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084. For purposes of sentencing

 7  under chapter 921 and determining eligibility for incentive

 8  gain-time under chapter 944, a felony offense that is

 9  reclassified under this paragraph is ranked one level above

10  the ranking under s. 921.0022 or s. 921.0023 of the offense

11  committed.

12         Section 3.  This act shall take effect July 1, 2005.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Provides that if specified burglaries are committed
      during a state of emergency, the burglary is a felony of
17    the first degree or a felony of the second degree.
      Provides that if certain property is stolen during a
18    state of emergency, the theft is a felony of the first
      degree or a felony of the second degree. Directs that an
19    offense of felony burglary or theft which is reclassified
      be ranked one level above the current ranking of the
20    offense committed.

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