Senate Bill sb0570
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Florida Senate - 2005 SB 570
By Senator Garcia
40-472A-05
1 A bill to be entitled
2 An act relating to burglary; amending s.
3 810.02, F.S.; providing enhanced criminal
4 penalties for the offense of burglary of a
5 dwelling, structure, or conveyance within the
6 area covered by and during the time of a state
7 of emergency declared by executive order or
8 proclamation; directing that any person who is
9 arrested for burglary in the area covered by
10 the executive order or proclamation be held in
11 custody until brought before the court for
12 admittance to bail; amending s. 921.0022, F.S.;
13 placing the offenses of burglary of a dwelling,
14 structure, or conveyance within the area
15 covered by and during the time of a state of
16 emergency declared by executive order or
17 proclamation within the offense severity
18 ranking chart of the Criminal Punishment Code;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (5) is added to section 810.02,
24 Florida Statutes, to read:
25 810.02 Burglary.--
26 (5)(a) It is a felony of the first degree, punishable
27 as provided in s. 775.082, s. 775.083, or s. 775.084, for any
28 person to commit a burglary of a dwelling within the area
29 covered by and during the time of a state of emergency
30 declared by executive order or proclamation of the Governor
31 under chapter 252.
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Florida Senate - 2005 SB 570
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1 (b) It is a felony of the second degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, for any
3 person to commit a burglary of a structure or conveyance
4 within the area covered by and during the time of a state of
5 emergency declared by executive order or proclamation of the
6 Governor under chapter 252 and, during the course of the
7 burglary, to commit grand theft by stealing property valued at
8 $300 or more.
9 (c) Any person who is arrested for a violation of
10 paragraph (a) or paragraph (b) shall be held in custody until
11 brought before the court for admittance to bail in accordance
12 with chapter 903.
13 Section 2. Paragraphs (g) and (h) of subsection (3) of
14 section 921.0022, Florida Statutes, are amended to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
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19 Florida Felony
20 Statute Degree Description
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22 (g) LEVEL 7
23 316.027(1)(b) 2nd Accident involving death, failure
24 to stop; leaving scene.
25 316.193(3)(c)2. 3rd DUI resulting in serious bodily
26 injury.
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1 316.1935(3)(b) 1st Causing serious bodily injury or
2 death to another person; driving
3 at high speed or with wanton
4 disregard for safety while
5 fleeing or attempting to elude
6 law enforcement officer who is in
7 a patrol vehicle with siren and
8 lights activated.
9 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
10 bodily injury.
11 402.319(2) 2nd Misrepresentation and negligence
12 or intentional act resulting in
13 great bodily harm, permanent
14 disfiguration, permanent
15 disability, or death.
16 409.920(2) 3rd Medicaid provider fraud.
17 456.065(2) 3rd Practicing a health care
18 profession without a license.
19 456.065(2) 2nd Practicing a health care
20 profession without a license
21 which results in serious bodily
22 injury.
23 458.327(1) 3rd Practicing medicine without a
24 license.
25 459.013(1) 3rd Practicing osteopathic medicine
26 without a license.
27 460.411(1) 3rd Practicing chiropractic medicine
28 without a license.
29 461.012(1) 3rd Practicing podiatric medicine
30 without a license.
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1 462.17 3rd Practicing naturopathy without a
2 license.
3 463.015(1) 3rd Practicing optometry without a
4 license.
5 464.016(1) 3rd Practicing nursing without a
6 license.
7 465.015(2) 3rd Practicing pharmacy without a
8 license.
9 466.026(1) 3rd Practicing dentistry or dental
10 hygiene without a license.
11 467.201 3rd Practicing midwifery without a
12 license.
13 468.366 3rd Delivering respiratory care
14 services without a license.
15 483.828(1) 3rd Practicing as clinical laboratory
16 personnel without a license.
17 483.901(9) 3rd Practicing medical physics
18 without a license.
19 484.013(1)(c) 3rd Preparing or dispensing optical
20 devices without a prescription.
21 484.053 3rd Dispensing hearing aids without a
22 license.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
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1 560.123(8)(b)1. 3rd Failure to report currency or
2 payment instruments exceeding
3 $300 but less than $20,000 by
4 money transmitter.
5 560.125(5)(a) 3rd Money transmitter business by
6 unauthorized person, currency or
7 payment instruments exceeding
8 $300 but less than $20,000.
9 655.50(10)(b)1. 3rd Failure to report financial
10 transactions exceeding $300 but
11 less than $20,000 by financial
12 institution.
13 782.051(3) 2nd Attempted felony murder of a
14 person by a person other than the
15 perpetrator or the perpetrator of
16 an attempted felony.
17 782.07(1) 2nd Killing of a human being by the
18 act, procurement, or culpable
19 negligence of another
20 (manslaughter).
21 782.071 2nd Killing of human being or viable
22 fetus by the operation of a motor
23 vehicle in a reckless manner
24 (vehicular homicide).
25 782.072 2nd Killing of a human being by the
26 operation of a vessel in a
27 reckless manner (vessel
28 homicide).
29 784.045(1)(a)1. 2nd Aggravated battery; intentionally
30 causing great bodily harm or
31 disfigurement.
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1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.048(7) 3rd Aggravated stalking; violation of
8 court order.
9 784.07(2)(d) 1st Aggravated battery on law
10 enforcement officer.
11 784.074(1)(a) 1st Aggravated battery on sexually
12 violent predators facility staff.
13 784.08(2)(a) 1st Aggravated battery on a person 65
14 years of age or older.
15 784.081(1) 1st Aggravated battery on specified
16 official or employee.
17 784.082(1) 1st Aggravated battery by detained
18 person on visitor or other
19 detainee.
20 784.083(1) 1st Aggravated battery on code
21 inspector.
22 790.07(4) 1st Specified weapons violation
23 subsequent to previous conviction
24 of s. 790.07(1) or (2).
25 790.16(1) 1st Discharge of a machine gun under
26 specified circumstances.
27 790.165(2) 2nd Manufacture, sell, possess, or
28 deliver hoax bomb.
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1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 810.02(5)(b) 2nd Burglary of a structure or
2 conveyance within the area
3 covered by and during the time of
4 a state of emergency declared by
5 executive order or proclamation.
6 812.014(2)(a)1. 1st Property stolen, valued at
7 $100,000 or more; property stolen
8 while causing other property
9 damage; 1st degree grand theft.
10 812.014(2)(b)2. 2nd Property stolen, cargo valued at
11 less than $50,000, grand theft in
12 2nd degree.
13 812.014(2)(b)3. 2nd Property stolen, emergency
14 medical equipment; 2nd degree
15 grand theft.
16 812.0145(2)(a) 1st Theft from person 65 years of age
17 or older; $50,000 or more.
18 812.019(2) 1st Stolen property; initiates,
19 organizes, plans, etc., the theft
20 of property and traffics in
21 stolen property.
22 812.131(2)(a) 2nd Robbery by sudden snatching.
23 812.133(2)(b) 1st Carjacking; no firearm, deadly
24 weapon, or other weapon.
25 817.234(8)(a) 2nd Solicitation of motor vehicle
26 accident victims with intent to
27 defraud.
28 817.234(9) 2nd Organizing, planning, or
29 participating in an intentional
30 motor vehicle collision.
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1 817.234(11)(c) 1st Insurance fraud; property value
2 $100,000 or more.
3 817.2341(2)(b)&
4 (3)(b) 1st Making false entries of material
5 fact or false statements
6 regarding property values
7 relating to the solvency of an
8 insuring entity which are a
9 significant cause of the
10 insolvency of that entity.
11 825.102(3)(b) 2nd Neglecting an elderly person or
12 disabled adult causing great
13 bodily harm, disability, or
14 disfigurement.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 838.015 2nd Bribery.
29 838.016 2nd Unlawful compensation or reward
30 for official behavior.
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1 838.021(3)(a) 2nd Unlawful harm to a public
2 servant.
3 838.22 2nd Bid tampering.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 (h) LEVEL 8
10 316.193
11 (3)(c)3.a. 2nd DUI manslaughter.
12 316.1935(4)(b) 1st Aggravated fleeing or attempted
13 eluding with serious bodily
14 injury or death.
15 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
16 499.0051(7) 1st Forgery of prescription or legend
17 drug labels.
18 499.0052 1st Trafficking in contraband legend
19 drugs.
20 560.123(8)(b)2. 2nd Failure to report currency or
21 payment instruments totaling or
22 exceeding $20,000, but less than
23 $100,000 by money transmitter.
24 560.125(5)(b) 2nd Money transmitter business by
25 unauthorized person, currency or
26 payment instruments totaling or
27 exceeding $20,000, but less than
28 $100,000.
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1 655.50(10)(b)2. 2nd Failure to report financial
2 transactions totaling or
3 exceeding $20,000, but less than
4 $100,000 by financial
5 institutions.
6 777.03(2)(a) 1st Accessory after the fact, capital
7 felony.
8 782.04(4) 2nd Killing of human without design
9 when engaged in act or attempt of
10 any felony other than arson,
11 sexual battery, robbery,
12 burglary, kidnapping, aircraft
13 piracy, or unlawfully discharging
14 bomb.
15 782.051(2) 1st Attempted felony murder while
16 perpetrating or attempting to
17 perpetrate a felony not
18 enumerated in s. 782.04(3).
19 782.071(1)(b) 1st Committing vehicular homicide and
20 failing to render aid or give
21 information.
22 782.072(2) 1st Committing vessel homicide and
23 failing to render aid or give
24 information.
25 790.161(3) 1st Discharging a destructive device
26 which results in bodily harm or
27 property damage.
28 794.011(5) 2nd Sexual battery, victim 12 years
29 or over, offender does not use
30 physical force likely to cause
31 serious injury.
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1 800.04(4) 2nd Lewd or lascivious battery.
2 806.01(1) 1st Maliciously damage dwelling or
3 structure by fire or explosive,
4 believing person in structure.
5 810.02(2)(a) 1st,PBL Burglary with assault or battery.
6 810.02(2)(b) 1st,PBL Burglary; armed with explosives
7 or dangerous weapon.
8 810.02(2)(c) 1st Burglary of a dwelling or
9 structure causing structural
10 damage or $1,000 or more property
11 damage.
12 810.02(5)(a) 1st Burglary of a dwelling within the
13 area covered by and during the
14 time of a state of emergency
15 declared by executive order or
16 proclamation.
17 812.014(2)(a)2. 1st Property stolen; cargo valued at
18 $50,000 or more, grand theft in
19 1st degree.
20 812.13(2)(b) 1st Robbery with a weapon.
21 812.135(2)(c) 1st Home-invasion robbery, no
22 firearm, deadly weapon, or other
23 weapon.
24 817.568(6) 2nd Fraudulent use of personal
25 identification information of an
26 individual under the age of 18.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
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1 825.103(2)(a) 1st Exploiting an elderly person or
2 disabled adult and property is
3 valued at $100,000 or more.
4 837.02(2) 2nd Perjury in official proceedings
5 relating to prosecution of a
6 capital felony.
7 837.021(2) 2nd Making contradictory statements
8 in official proceedings relating
9 to prosecution of a capital
10 felony.
11 860.121(2)(c) 1st Shooting at or throwing any
12 object in path of railroad
13 vehicle resulting in great bodily
14 harm.
15 860.16 1st Aircraft piracy.
16 893.13(1)(b) 1st Sell or deliver in excess of 10
17 grams of any substance specified
18 in s. 893.03(1)(a) or (b).
19 893.13(2)(b) 1st Purchase in excess of 10 grams of
20 any substance specified in s.
21 893.03(1)(a) or (b).
22 893.13(6)(c) 1st Possess in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.135(1)(a)2. 1st Trafficking in cannabis, more
26 than 2,000 lbs., less than 10,000
27 lbs.
28 893.135
29 (1)(b)1.b. 1st Trafficking in cocaine, more than
30 200 grams, less than 400 grams.
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1 893.135
2 (1)(c)1.b. 1st Trafficking in illegal drugs,
3 more than 14 grams, less than 28
4 grams.
5 893.135
6 (1)(d)1.b. 1st Trafficking in phencyclidine,
7 more than 200 grams, less than
8 400 grams.
9 893.135
10 (1)(e)1.b. 1st Trafficking in methaqualone, more
11 than 5 kilograms, less than 25
12 kilograms.
13 893.135
14 (1)(f)1.b. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 893.135
18 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
19 grams or more, less than 28
20 grams.
21 893.135
22 (1)(h)1.b. 1st Trafficking in
23 gamma-hydroxybutyric acid (GHB),
24 5 kilograms or more, less than 10
25 kilograms.
26 893.135
27 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
28 kilograms or more, less than 10
29 kilograms.
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1 893.135
2 (1)(k)2.b. 1st Trafficking in Phenethylamines,
3 200 grams or more, less than 400
4 grams.
5 895.03(1) 1st Use or invest proceeds derived
6 from pattern of racketeering
7 activity.
8 895.03(2) 1st Acquire or maintain through
9 racketeering activity any
10 interest in or control of any
11 enterprise or real property.
12 895.03(3) 1st Conduct or participate in any
13 enterprise through pattern of
14 racketeering activity.
15 896.101(5)(b) 2nd Money laundering, financial
16 transactions totaling or
17 exceeding $20,000, but less than
18 $100,000.
19 896.104(4)(a)2. 2nd Structuring transactions to evade
20 reporting or registration
21 requirements, financial
22 transactions totaling or
23 exceeding $20,000 but less than
24 $100,000.
25 Section 3. This act shall take effect July 1, 2005.
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2 SENATE SUMMARY
3 Provides enhanced penalties for burglary of a dwelling,
structure, or conveyance within the area covered by and
4 during the time of a state of emergency declared by
executive order or proclamation. Directs that any person
5 who is arrested for burglary in the area covered by the
executive order or proclamation be held in custody until
6 brought before the court for admittance to bail. Provides
for placement of the offenses of burglary of a dwelling,
7 structure, or conveyance within the area covered by and
during the time of a state of emergency declared by
8 executive order or proclamation on the offense severity
ranking chart.
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