Senate Bill sb0282c1

    Florida Senate - 2005                            CS for SB 282

    By the Committee on Domestic Security; and Senators Aronberg
    and Fasano




    583-2093-05

  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; providing that a person

  7         arrested for committing a burglary during a

  8         state of emergency may not be released until

  9         that person appears before a magistrate at a

10         first-appearance hearing; directing that a

11         felony burglary committed during a state of

12         emergency be reclassified one level above the

13         current ranking of the offense committed;

14         amending s. 812.014, F.S.; providing enhanced

15         penalties for the theft of certain property

16         stolen during a state of emergency; directing

17         that a felony theft committed during a state of

18         emergency be reclassified one level above the

19         current ranking of the offense committed;

20         providing an effective date.

21  

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

23  

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

25  Florida Statutes, are amended to read:

26         810.02  Burglary.--

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

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

29  775.084, if, in the course of committing the offense, the

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

31  

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    Florida Senate - 2005                            CS for SB 282
    583-2093-05




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

 2  and the offender enters or remains in a:

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

 4  dwelling at the time the offender enters or remains;

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

 6  dwelling at the time the offender enters or remains;

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

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

 9         (d)  Conveyance, and there is 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 first 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         (4)  Burglary is a felony of the third degree,

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

26  775.084, if, in the course of committing the offense, the

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

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

29  and the offender enters or remains in a:

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

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

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    Florida Senate - 2005                            CS for SB 282
    583-2093-05




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

 2  conveyance at the time the offender enters or remains.

 3  

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

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

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

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

 8  775.084. A person arrested for committing a burglary within an

 9  area that is subject to a state of emergency declared by the

10  Governor under chapter 252 may not be released until the

11  person appears before a committing magistrate at a

12  first-appearance hearing. For purposes of sentencing under

13  chapter 921, a felony offense that is reclassified under this

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

15  921.0022 or s. 921.0023 of the offense committed.

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

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

18         812.014  Theft.--

19         (2)

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

21  more, but less than $100,000;

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

23  $50,000 that has entered the stream of interstate or

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

25  consignee's receiving dock; or

26         3.  The property stolen is emergency medical equipment,

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

28  under chapter 395 or from an aircraft or vehicle permitted

29  under chapter 401,

30  

31  

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    Florida Senate - 2005                            CS for SB 282
    583-2093-05




 1  the offender commits grand theft in the second degree,

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

 3  775.082, s. 775.083, or s. 775.084. Emergency medical

 4  equipment means mechanical or electronic apparatus used to

 5  provide emergency services and care as defined in s.

 6  395.002(10) or to treat medical emergencies. However, if the

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

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

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

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

11  purposes of sentencing under chapter 921, a felony offense

12  that is reclassified under this paragraph is ranked one level

13  above the ranking under s. 921.0022 or s. 921.0023 of the

14  offense committed.

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

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

17  775.083, or s. 775.084, if the property stolen is:

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

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

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

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

22         5.  A firearm.

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

24  (2)(a).

25         7.  Any commercially farmed animal, including any

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

27  animal, and including aquaculture species raised at a

28  certified aquaculture facility.  If the property stolen is

29  aquaculture species raised at a certified aquaculture

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

31         8.  Any fire extinguisher.

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    Florida Senate - 2005                            CS for SB 282
    583-2093-05




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

 2  more individual pieces of fruit.

 3         10.  Taken from a designated construction site

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

 5  810.09(2)(d).

 6         11.  Any stop sign.

 7         12.  Anhydrous ammonia.

 8  

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

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

11  chapter 252, and the property is valued at $5,000 or more, but

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

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

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

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

16  775.082, s. 775.083, or s. 775.084. For purposes of sentencing

17  under chapter 921, a felony offense that is reclassified under

18  this paragraph is ranked one level above the ranking under s.

19  921.0022 or s. 921.0023 of the offense committed.

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

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 282

24                                 

25  The bill requires that a person arrested for committing a
    burglary withina declared state of emergency area may not be
26  released before appearing before acommitting magistrate at a
    first-appearance hearing.
27  
    The substitute also incorporate a technical amendment that
28  removes language that is irrelevant to the reclassified
    offenses in the bill.
29  

30  

31  

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