HB 807

1	A bill to be entitled
2	An act relating to criminal acts committed during a state
3	of emergency; amending s. 810.02, F.S.; providing enhanced
4	penalties for specified burglaries that are committed
5	during, and facilitated by specified conditions arising
6	from, a state of emergency declared by the Governor;
7	prohibiting the release of a person arrested for
8	committing a burglary during such a state of emergency
9	until that person appears before a magistrate at a first-
10	appearance hearing; requiring that a felony burglary
11	committed during a state of emergency be reclassified one
12	level above the current ranking of the offense committed;
13	amending s. 812.014, F.S.; providing enhanced penalties
14	for the theft of certain property stolen during, and
15	facilitated by specified conditions arising from, a state
16	of emergency declared by the Governor; requiring that a
17	felony theft committed during a state of emergency be
18	reclassified one level above the current ranking of the
19	offense committed; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (3) and (4) of section 810.02,
24	Florida Statutes, are amended to read:
25	810.02  Burglary.--
26	(3)  Burglary is a felony of the second degree, punishable
27	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
28	course of committing the offense, the offender does not make an
29	assault or battery and is not and does not become armed with a
30	dangerous weapon or explosive, and the offender enters or
31	remains in a:
32	(a)  Dwelling, and there is another person in the dwelling
33	at the time the offender enters or remains;
34	(b)  Dwelling, and there is not another person in the
35	dwelling at the time the offender enters or remains;
36	(c)  Structure, and there is another person in the
37	structure at the time the offender enters or remains; or
38	(d)  Conveyance, and there is another person in the
39	conveyance at the time the offender enters or remains.
40
41	However, if the burglary is committed after the declaration of
42	emergency within a county that is subject to a state of
43	emergency declared by the Governor under chapter 252 and the
44	perpetration of the burglary is facilitated by conditions
45	arising from the emergency, the burglary is a felony of the
46	first degree, punishable as provided in s. 775.082, s. 775.083,
47	or s. 775.084. As used in this subsection, the term "conditions
48	arising from the emergency" means civil unrest, power outages,
49	curfews, voluntary or mandatory evacuations, or a reduction in
50	the presence of or the response time for first responders or
51	homeland security personnel. A person arrested for committing a
52	burglary within a county that is subject to such a state of
53	emergency may not be released until the person appears before a
54	committing magistrate at a first-appearance hearing. For
55	purposes of sentencing under chapter 921, a felony offense that
56	is reclassified under this subsection is ranked one level above
57	the ranking under s. 921.0022 or s. 921.0023 of the offense
58	committed.
59	(4)  Burglary is a felony of the third degree, punishable
60	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
61	course of committing the offense, the offender does not make an
62	assault or battery and is not and does not become armed with a
63	dangerous weapon or explosive, and the offender enters or
64	remains in a:
65	(a)  Structure, and there is not another person in the
66	structure at the time the offender enters or remains; or
67	(b)  Conveyance, and there is not another person in the
68	conveyance at the time the offender enters or remains.
69
70	However, if the burglary is committed after the declaration of
71	emergency within a county that is subject to a state of
72	emergency declared by the Governor under chapter 252 and the
73	perpetration of the burglary is facilitated by conditions
74	arising from the emergency, the burglary is a felony of the
75	second degree, punishable as provided in s. 775.082, s. 775.083,
76	or s. 775.084. As used in this subsection, the term "conditions
77	arising from the emergency" means civil unrest, power outages,
78	curfews, voluntary or mandatory evacuations, or a reduction in
79	the presence of or the response time for first responders or
80	homeland security personnel. A person arrested for committing a
81	burglary within a county that is subject to such a state of
82	emergency may not be released until the person appears before a
83	committing magistrate at a first-appearance hearing. For
84	purposes of sentencing under chapter 921, a felony offense that
85	is reclassified under this subsection is ranked one level above
86	the ranking under s. 921.0022 or s. 921.0023 of the offense
87	committed.
88	Section 2.  Paragraphs (b) and (c) of subsection (2) of
89	section 812.014, Florida Statutes, are amended to read:
90	812.014  Theft.--
91	(2)
92	(b)1.  If the property stolen is valued at $20,000 or more,
93	but less than $100,000;
94	2.  The property stolen is cargo valued at less than
95	$50,000 that has entered the stream of interstate or intrastate
96	commerce from the shipper's loading platform to the consignee's
97	receiving dock; or
98	3.  The property stolen is emergency medical equipment,
99	valued at $300 or more, that is taken from a facility licensed
100	under chapter 395 or from an aircraft or vehicle permitted under
101	chapter 401,
102
103	the offender commits grand theft in the second degree,
104	punishable as a felony of the second degree, as provided in s.
105	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
106	means mechanical or electronic apparatus used to provide
107	emergency services and care as defined in s. 395.002(10) or to
108	treat medical emergencies. However, if the property is stolen
109	within a county that is subject to a state of emergency declared
110	by the Governor under chapter 252, the theft is committed after
111	the declaration of emergency, and the perpetration of the theft
112	is facilitated by conditions arising from the emergency, the
113	theft is a felony of the first degree, punishable as provided in
114	s. 775.082, s. 775.083, or s. 775.084. As used in this
115	paragraph, the term "conditions arising from the emergency"
116	means civil unrest, power outages, curfews, voluntary or
117	mandatory evacuations, or a reduction in the presence of or the
118	response time for first responders or homeland security
119	personnel. For purposes of sentencing under chapter 921, a
120	felony offense that is reclassified under this paragraph is
121	ranked one level above the ranking under s. 921.0022 or s.
122	921.0023 of the offense committed.
123	(c)  It is grand theft of the third degree and a felony of
124	the third degree, punishable as provided in s. 775.082, s.
125	775.083, or s. 775.084, if the property stolen is:
126	1.  Valued at $300 or more, but less than $5,000.
127	2.  Valued at $5,000 or more, but less than $10,000.
128	3.  Valued at $10,000 or more, but less than $20,000.
129	4.  A will, codicil, or other testamentary instrument.
130	5.  A firearm.
131	6.  A motor vehicle, except as provided in paragraph
132	(2)(a).
133	7.  Any commercially farmed animal, including any animal of
134	the equine, bovine, or swine class, or other grazing animal, and
135	including aquaculture species raised at a certified aquaculture
136	facility. If the property stolen is aquaculture species raised
137	at a certified aquaculture facility, then a $10,000 fine shall
138	be imposed.
139	8.  Any fire extinguisher.
140	9.  Any amount of citrus fruit consisting of 2,000 or more
141	individual pieces of fruit.
142	10.  Taken from a designated construction site identified
143	by the posting of a sign as provided for in s. 810.09(2)(d).
144	11.  Any stop sign.
145	12.  Anhydrous ammonia.
146
147	However, if the property is stolen within a county that is
148	subject to a state of emergency declared by the Governor under
149	chapter 252, the theft is committed after the declaration of
150	emergency, and the perpetration of the theft is facilitated by
151	conditions arising from the emergency, the offender commits a
152	felony of the second degree, punishable as provided in s.
153	775.082, s. 775.083, or s. 775.084, if the property is valued at
154	$5,000 or more, but less than $10,000, as provided under
155	subparagraph 2., or if the property is valued at $10,000 or
156	more, but less than $20,000, as provided under subparagraph 3.
157	As used in this paragraph, the term "conditions arising from the
158	emergency" means civil unrest, power outages, curfews, voluntary
159	or mandatory evacuations, or a reduction in the presence of or
160	the response time for first responders or homeland security
161	personnel. For purposes of sentencing under chapter 921, a
162	felony offense that is reclassified under this paragraph is
163	ranked one level above the ranking under s. 921.0022 or s.
164	921.0023 of the offense committed.
165	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.