Senate Bill sb1746

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    Florida Senate - 2006                                  SB 1746

    By Senator Aronberg





    27-377B-06

  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 declared by the Governor

  7         and facilitated by conditions arising from the

  8         emergency; prohibiting the release of a person

  9         arrested for committing a burglary during such

10         a state of emergency until that person appears

11         before a magistrate at a first-appearance

12         hearing; requiring that a felony burglary

13         committed during a state of emergency declared

14         by the Governor be reclassified one level above

15         the current ranking of the offense committed;

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

17         penalties for the theft of certain property

18         stolen during a state of emergency declared by

19         the Governor and facilitated by conditions

20         arising from the emergency; requiring that a

21         felony theft committed during such a state of

22         emergency be reclassified one level above the

23         current ranking of the offense committed;

24         providing an effective date.

25  

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

27  

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

29  Florida Statutes, are amended to read:

30         810.02  Burglary.--

31  

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    Florida Senate - 2006                                  SB 1746
    27-377B-06




 1         (3)  Burglary is a felony of the second 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)  Dwelling, and there is another person in the

 8  dwelling at the time the offender enters or remains;

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

10  dwelling at the time the offender enters or remains;

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

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

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

14  conveyance at the time the offender enters or remains.

15  

16  However, if the burglary is committed within a county that is

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

18  chapter 252 after the declaration of emergency is made, and

19  the perpetration of the burglary is facilitated by conditions

20  arising from the emergency, the burglary is a felony of the

21  first degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084. As used in this subsection, the term

23  "conditions arising from the emergency" means civil unrest,

24  power outages, curfews, voluntary or mandatory evacuations, or

25  a reduction in the presence of or response time for first

26  responders or homeland security personnel. A person arrested

27  for committing a burglary within a county that is subject to

28  such a state of emergency may not be released until the person

29  appears before a committing magistrate at a first-appearance

30  hearing. For purposes of sentencing under chapter 921, a

31  felony offense that is reclassified under this subsection is

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    Florida Senate - 2006                                  SB 1746
    27-377B-06




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

 2  921.0023 of the offense committed.

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

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

 5  775.084, if, in the course of committing the offense, the

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

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

 8  and the offender enters or remains in a:

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

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

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

12  conveyance at the time the offender enters or remains.

13  

14  However, if the burglary is committed within a county that is

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

16  chapter 252 after the declaration of emergency is made, and

17  the perpetration of the burglary is facilitated by conditions

18  arising from the emergency, the burglary is a felony of the

19  first degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084. As used in this subsection, the term

21  "conditions arising from the emergency" means civil unrest,

22  power outages, curfews, voluntary or mandatory evacuations, or

23  a reduction in the presence of or response time for first

24  responders or homeland security personnel. A person arrested

25  for committing a burglary within a county that is subject to

26  such a state of emergency may not be released until the person

27  appears before a committing magistrate at a first-appearance

28  hearing. For purposes of sentencing under chapter 921, a

29  felony offense that is reclassified under this subsection is

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

31  921.0023 of the offense committed.

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    Florida Senate - 2006                                  SB 1746
    27-377B-06




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

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

 3         812.014  Theft.--

 4         (2)

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

 6  more, but less than $100,000;

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

 8  $50,000 that has entered the stream of interstate or

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

10  consignee's receiving dock; or

11         3.  The property stolen is emergency medical equipment,

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

13  under chapter 395 or from an aircraft or vehicle permitted

14  under chapter 401,

15  

16  the offender commits grand theft in the second degree,

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

18  775.082, s. 775.083, or s. 775.084. Emergency medical

19  equipment means mechanical or electronic apparatus used to

20  provide emergency services and care as defined in s.

21  395.002(10) or to treat medical emergencies. However, if the

22  property is stolen within a county that is subject to a state

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

24  theft is committed after the declaration of emergency is made,

25  and the perpetration of the theft is facilitated by conditions

26  arising from the emergency, the theft is a felony of the first

27  degree, punishable as provided in s. 775.082, s. 775.083, or

28  s. 775.084. As used in this subsection, the term "conditions

29  arising from the emergency" means civil unrest, power outages,

30  curfews, voluntary or mandatory evacuations, or a reduction in

31  the presence of or response time for first responders or

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    Florida Senate - 2006                                  SB 1746
    27-377B-06




 1  homeland security personnel. For purposes of sentencing under

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

 3  paragraph is ranked one level above the ranking under s.

 4  921.0022 or s. 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 a county that is

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

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    Florida Senate - 2006                                  SB 1746
    27-377B-06




 1  chapter 252, the property is stolen after the declaration of

 2  emergency is made, and the perpetration of the theft is

 3  facilitated by conditions arising from the emergency, the

 4  offender commits a felony of the second degree, punishable as

 5  provided in s. 775.082, s. 775.083, or s. 775.084, if the

 6  property is valued at $5,000 or more, but less than $10,000,

 7  as provided under subparagraph 2., or if the property is

 8  valued at $10,000 or more, but less than $20,000, as provided

 9  under subparagraph 3. As used in this subsection, the term

10  "conditions arising from the emergency" means civil unrest,

11  power outages, curfews, voluntary or mandatory evacuations, or

12  a reduction in the presence of or the response time for first

13  responders or homeland security personnel. For purposes of

14  sentencing under chapter 921, a felony offense that is

15  reclassified under this paragraph is ranked one level above

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

17  committed.

18         Section 3.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Provides enhanced penalties for specified burglaries that
      are committed during a state of emergency declared by the
23    Governor and facilitated by conditions arising from the
      emergency. Provides that a person arrested for committing
24    a burglary during such a state of emergency may not be
      released until that person appears before a magistrate at
25    a first-appearance hearing. Directs that a felony
      burglary committed during a state of emergency declared
26    by the Governor be reclassified one level above the
      current ranking of the offense committed. Provides
27    enhanced penalties for the theft of certain property
      stolen during a state of emergency declared by the
28    Governor and facilitated by conditions arising from the
      emergency. Directs that a felony theft committed during
29    such a state of emergency be reclassified one level above
      the current ranking of the offense committed.
30  

31  

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