Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 214
Barcode 222160
CHAMBER ACTION
Senate House
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04/25/2007 02:07 PM .
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11 Senator Aronberg moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsections (3) and (4) of section 810.02,
18 Florida Statutes, are amended to read:
19 810.02 Burglary.--
20 (3) Burglary is a felony of the second degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084, if, in the course of committing the offense, the
23 offender does not make an assault or battery and is not and
24 does not become armed with a dangerous weapon or explosive,
25 and the offender enters or remains in a:
26 (a) Dwelling, and there is another person in the
27 dwelling at the time the offender enters or remains;
28 (b) Dwelling, and there is not another person in the
29 dwelling at the time the offender enters or remains;
30 (c) Structure, and there is another person in the
31 structure at the time the offender enters or remains; or
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1 (d) Conveyance, and there is another person in the
2 conveyance at the time the offender enters or remains; or.
3 (e) Authorized emergency vehicle, as defined in s.
4 316.003.
5
6 However, if the burglary is committed within a county that is
7 subject to a state of emergency declared by the Governor under
8 chapter 252 after the declaration of emergency is made and the
9 perpetration of the burglary is facilitated by conditions
10 arising from the emergency, the burglary is a felony of the
11 first degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084. As used in this subsection, the term
13 "conditions arising from the emergency" means civil unrest,
14 power outages, curfews, voluntary or mandatory evacuations, or
15 a reduction in the presence of or response time for first
16 responders or homeland security personnel. A person arrested
17 for committing a burglary within a county that is subject to
18 such a state of emergency may not be released until the person
19 appears before a committing magistrate at a first-appearance
20 hearing. For purposes of sentencing under chapter 921, a
21 felony offense that is reclassified under this subsection is
22 ranked one level above the ranking under s. 921.0022 or s.
23 921.0023 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 - 2007 SENATOR AMENDMENT
Bill No. CS for SB 214
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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 a county that is
5 subject to a state of emergency declared by the Governor under
6 chapter 252 after the declaration of emergency is made and the
7 perpetration of the burglary is facilitated by conditions
8 arising from the emergency, the burglary is a felony of the
9 second degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084. As used in this subsection, the term
11 "conditions arising from the emergency" means civil unrest,
12 power outages, curfews, voluntary or mandatory evacuations, or
13 a reduction in the presence of or response time for first
14 responders or homeland security personnel. A person arrested
15 for committing a burglary within a county that is subject to
16 such a state of emergency may not be released until the person
17 appears before a committing magistrate at a first-appearance
18 hearing. For purposes of sentencing under chapter 921, a
19 felony offense that is reclassified under this subsection is
20 ranked one level above the ranking under s. 921.0022 or s.
21 921.0023 of the offense committed.
22 Section 2. Paragraphs (b) and (c) of subsection (2) of
23 section 812.014, Florida Statutes, are amended to read:
24 812.014 Theft.--
25 (2)
26 (b)1. If the property stolen is valued at $20,000 or
27 more, but less than $100,000;
28 2. The property stolen is cargo valued at less than
29 $50,000 that has entered the stream of interstate or
30 intrastate commerce from the shipper's loading platform to the
31 consignee's receiving dock; or
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 214
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1 3. The property stolen is emergency medical equipment,
2 valued at $300 or more, which is taken from a facility
3 licensed under chapter 395 or from an aircraft or vehicle
4 permitted under chapter 401; or
5 4. The property stolen is law enforcement equipment,
6 valued at $300 or more, which is taken from an authorized
7 emergency vehicle, as defined in s. 316.003,
8
9 the offender commits grand theft in the second degree,
10 punishable as a felony of the second degree, as provided in s.
11 775.082, s. 775.083, or s. 775.084. Emergency medical
12 equipment means mechanical or electronic apparatus used to
13 provide emergency services and care as defined in s.
14 395.002(10) or to treat medical emergencies. Law enforcement
15 equipment means any property, device, or apparatus used by any
16 law enforcement officer as defined in s. 943.10 in the
17 officer's official business. However, if the property is
18 stolen within a county that is subject to a state of emergency
19 declared by the Governor under chapter 252, the theft is
20 committed after the declaration of emergency is made, and the
21 perpetration of the theft is facilitated by conditions arising
22 from the emergency, the theft is a felony of the first degree,
23 punishable as provided in s. 775.082, s. 775.083, or s.
24 775.084. As used in this paragraph, the term "conditions
25 arising from the emergency" means civil unrest, power outages,
26 curfews, voluntary or mandatory evacuations, or a reduction in
27 the presence of or response time for first responders or
28 homeland security personnel. For purposes of sentencing under
29 chapter 921, a felony offense that is reclassified under this
30 paragraph is ranked one level above the ranking under s.
31 921.0022 or s. 921.0023 of the offense committed.
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Florida Senate - 2007 SENATOR AMENDMENT
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1 (c) It is grand theft of the third degree and a felony
2 of the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084, if the property stolen is:
4 1. Valued at $300 or more, but less than $5,000.
5 2. Valued at $5,000 or more, but less than $10,000.
6 3. Valued at $10,000 or more, but less than $20,000.
7 4. A will, codicil, or other testamentary instrument.
8 5. A firearm.
9 6. A motor vehicle, except as provided in paragraph
10 (2)(a).
11 7. Any commercially farmed animal, including any
12 animal of the equine, bovine, or swine class, or other grazing
13 animal, and including aquaculture species raised at a
14 certified aquaculture facility. If the property stolen is
15 aquaculture species raised at a certified aquaculture
16 facility, then a $10,000 fine shall be imposed.
17 8. Any fire extinguisher.
18 9. Any amount of citrus fruit consisting of 2,000 or
19 more individual pieces of fruit.
20 10. Taken from a designated construction site
21 identified by the posting of a sign as provided for in s.
22 810.09(2)(d).
23 11. Any stop sign.
24 12. Anhydrous ammonia.
25
26 However, if the property is stolen within a county that is
27 subject to a state of emergency declared by the Governor under
28 chapter 252, the property is stolen after the declaration of
29 emergency is made, and the perpetration of the theft is
30 facilitated by conditions arising from the emergency, the
31 offender commits a felony of the second degree, punishable as
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 214
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1 provided in s. 775.082, s. 775.083, or s. 775.084, if the
2 property is valued at $5,000 or more, but less than $10,000,
3 as provided under subparagraph 2., or if the property is
4 valued at $10,000 or more, but less than $20,000, as provided
5 under subparagraph 3. As used in this paragraph, the term
6 "conditions arising from the emergency" means civil unrest,
7 power outages, curfews, voluntary or mandatory evacuations, or
8 a reduction in the presence of or the response time for first
9 responders or homeland security personnel. For purposes of
10 sentencing under chapter 921, a felony offense that is
11 reclassified under this paragraph is ranked one level above
12 the ranking under s. 921.0022 or s. 921.0023 of the offense
13 committed.
14 Section 3. Paragraph (g) of subsection (3) of section
15 921.0022, Florida Statutes, is amended to read:
16 921.0022 Criminal Punishment Code; offense severity
17 ranking chart.--
18 (3) OFFENSE SEVERITY RANKING CHART
19 Florida Felony Description
20 Statute Degree
21 (g) LEVEL 7
22 316.027(1)(b) 1st Accident involving death, failure
23 to stop; leaving scene.
24 316.193(3)(c)2. 3rd DUI resulting in serious bodily
25 injury.
26 316.1935(3)(b) 1st Causing serious bodily injury or
27 death to another person; driving
28 at high speed or with wanton
29 disregard for safety while
30 fleeing or attempting to elude
31 law enforcement officer who is in
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1 a patrol vehicle with siren and
2 lights activated.
3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
4 bodily injury.
5 402.319(2) 2nd Misrepresentation and negligence
6 or intentional act resulting in
7 great bodily harm, permanent
8 disfiguration, permanent
9 disability, or death.
10 409.920(2) 3rd Medicaid provider fraud.
11 456.065(2) 3rd Practicing a health care
12 profession without a license.
13 456.065(2) 2nd Practicing a health care
14 profession without a license
15 which results in serious bodily
16 injury.
17 458.327(1) 3rd Practicing medicine without a
18 license.
19 459.013(1) 3rd Practicing osteopathic medicine
20 without a license.
21 460.411(1) 3rd Practicing chiropractic medicine
22 without a license.
23 461.012(1) 3rd Practicing podiatric medicine
24 without a license.
25 462.17 3rd Practicing naturopathy without a
26 license.
27 463.015(1) 3rd Practicing optometry without a
28 license.
29 464.016(1) 3rd Practicing nursing without a
30 license.
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Bill No. CS for SB 214
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1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.013(1)(c) 3rd Preparing or dispensing optical
14 devices without a prescription.
15 484.053 3rd Dispensing hearing aids without a
16 license.
17 494.0018(2) 1st Conviction of any violation of
18 ss. 494.001-494.0077 in which the
19 total money and property
20 unlawfully obtained exceeded
21 $50,000 and there were five or
22 more victims.
23 560.123(8)(b)1. 3rd Failure to report currency or
24 payment instruments exceeding
25 $300 but less than $20,000 by
26 money transmitter.
27 560.125(5)(a) 3rd Money transmitter business by
28 unauthorized person, currency or
29 payment instruments exceeding
30 $300 but less than $20,000.
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Florida Senate - 2007 SENATOR AMENDMENT
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 775.21(10)(a) 3rd Sexual predator; failure to
6 register; failure to renew
7 driver's license or
8 identification card; other
9 registration violations.
10 775.21(10)(b) 3rd Sexual predator working where
11 children regularly congregate.
12 775.21(10)(g) 3rd Failure to report or providing
13 false information about a sexual
14 predator; harbor or conceal a
15 sexual predator.
16 782.051(3) 2nd Attempted felony murder of a
17 person by a person other than the
18 perpetrator or the perpetrator of
19 an attempted felony.
20 782.07(1) 2nd Killing of a human being by the
21 act, procurement, or culpable
22 negligence of another
23 (manslaughter).
24 782.071 2nd Killing of human being or viable
25 fetus by the operation of a motor
26 vehicle in a reckless manner
27 (vehicular homicide).
28 782.072 2nd Killing of a human being by the
29 operation of a vessel in a
30 reckless manner (vessel
31 homicide).
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1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.048(7) 3rd Aggravated stalking; violation of
11 court order.
12 784.07(2)(d) 1st Aggravated battery on law
13 enforcement officer.
14 784.074(1)(a) 1st Aggravated battery on sexually
15 violent predators facility staff.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
30 790.165(2) 2nd Manufacture, sell, possess, or
31 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.
30 810.02(3)(e) 2nd Burglary of authorized emergency
31 vehicle.
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Florida Senate - 2007 SENATOR AMENDMENT
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more or a semitrailer
3 deployed by a law enforcement
4 officer; property stolen while
5 causing other property damage;
6 1st degree grand theft.
7 812.014(2)(b)2. 2nd Property stolen, cargo valued at
8 less than $50,000, grand theft in
9 2nd degree.
10 812.014(2)(b)3. 2nd Property stolen, emergency
11 medical equipment; 2nd degree
12 grand theft.
13 812.014(2)(b)4. 2nd Property stolen, law enforcement
14 equipment from authorized
15 emergency vehicle.
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) & (3)(b)1st Making false entries of material
4 fact or false statements
5 regarding property values
6 relating to the solvency of an
7 insuring entity which are a
8 significant cause of the
9 insolvency of that entity.
10 825.102(3)(b) 2nd Neglecting an elderly person or
11 disabled adult causing great
12 bodily harm, disability, or
13 disfigurement.
14 825.103(2)(b) 2nd Exploiting an elderly person or
15 disabled adult and property is
16 valued at $20,000 or more, but
17 less than $100,000.
18 827.03(3)(b) 2nd Neglect of a child causing great
19 bodily harm, disability, or
20 disfigurement.
21 827.04(3) 3rd Impregnation of a child under 16
22 years of age by person 21 years
23 of age or older.
24 837.05(2) 3rd Giving false information about
25 alleged capital felony to a law
26 enforcement officer.
27 838.015 2nd Bribery.
28 838.016 2nd Unlawful compensation or reward
29 for official behavior.
30 838.021(3)(a) 2nd Unlawful harm to a public
31 servant.
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1 838.22 2nd Bid tampering.
2 847.0135(3) 3rd Solicitation of a child, via a
3 computer service, to commit an
4 unlawful sex act.
5 872.06 2nd Abuse of a dead human body.
6 893.13(1)(c)1. 1st Sell, manufacture, or deliver
7 cocaine (or other drug prohibited
8 under s. 893.03(1)(a), (1)(b),
9 (1)(d), (2)(a), (2)(b), or
10 (2)(c)4.) within 1,000 feet of a
11 child care facility, school, or
12 state, county, or municipal park
13 or publicly owned recreational
14 facility or community center.
15 893.13(1)(e)1. 1st Sell, manufacture, or deliver
16 cocaine or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4., within 1,000 feet of
20 property used for religious
21 services or a specified business
22 site.
23 893.13(4)(a) 1st Deliver to minor cocaine (or
24 other s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), (2)(b), or
26 (2)(c)4. drugs).
27 893.135(1)(a)1. 1st Trafficking in cannabis, more
28 than 25 lbs., less than 2,000
29 lbs.
30 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135(1)(c)1.a. 1st Trafficking in illegal drugs,
2 more than 4 grams, less than 14
3 grams.
4 893.135(1)(d)1. 1st Trafficking in phencyclidine,
5 more than 28 grams, less than 200
6 grams.
7 893.135(1)(e)1. 1st Trafficking in methaqualone, more
8 than 200 grams, less than 5
9 kilograms.
10 893.135(1)(f)1. 1st Trafficking in amphetamine, more
11 than 14 grams, less than 28
12 grams.
13 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4
14 grams or more, less than 14
15 grams.
16 893.135(1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
21 kilogram or more, less than 5
22 kilograms.
23 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines,
24 10 grams or more, less than 200
25 grams.
26 896.101(5)(a) 3rd Money laundering, financial
27 transactions exceeding $300 but
28 less than $20,000.
29 896.104(4)(a)1. 3rd Structuring transactions to evade
30 reporting or registration
31 requirements, financial
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1 transactions exceeding $300 but
2 less than $20,000.
3 943.0435(4)(c) 2nd Sexual offender vacating
4 permanent residence; failure to
5 comply with reporting
6 requirements.
7 943.0435(8) 2nd Sexual offender; remains in state
8 after indicating intent to leave;
9 failure to comply with reporting
10 requirements.
11 943.0435(9)(a) 3rd Sexual offender; failure to
12 comply with reporting
13 requirements.
14 943.0435(13) 3rd Failure to report or providing
15 false information about a sexual
16 offender; harbor or conceal a
17 sexual offender.
18 943.0435(14) 3rd Sexual offender; failure to
19 report and reregister; failure to
20 respond to address verification.
21 944.607(9) 3rd Sexual offender; failure to
22 comply with reporting
23 requirements.
24 944.607(10)(a) 3rd Sexual offender; failure to
25 submit to the taking of a
26 digitized photograph.
27 944.607(12) 3rd Failure to report or providing
28 false information about a sexual
29 offender; harbor or conceal a
30 sexual offender.
31
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1 944.607(13) 3rd Sexual offender; failure to
2 report and reregister; failure to
3 respond to address verification.
4 Section 4. This act shall take effect July 1, 2007.
5
6
7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
10
11 and insert:
12 A bill to be entitled
13 An act relating to criminal offenses; amending
14 s. 810.02, F.S.; providing enhanced penalties
15 for burglaries of authorized emergency
16 vehicles; providing enhanced penalties for
17 specified burglaries that are committed during
18 a state of emergency declared by the Governor
19 and facilitated by conditions arising from the
20 emergency; prohibiting the release of a person
21 arrested for committing a burglary during such
22 a state of emergency until that person appears
23 before a magistrate at a first-appearance
24 hearing; requiring that a felony burglary
25 committed during a state of emergency declared
26 by the Governor be reclassified one level above
27 the current ranking of the offense committed;
28 amending s. 812.014, F.S.; providing enhanced
29 penalties for the theft of certain law
30 enforcement equipment taken from authorized
31 emergency vehicles; providing enhanced
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1 penalties for the theft of certain property
2 stolen during a state of emergency declared by
3 the Governor and facilitated by conditions
4 arising from the emergency; requiring that a
5 felony theft committed during such a state of
6 emergency be reclassified one level above the
7 current ranking of the offense committed;
8 amending s. 921.0022, F.S.; ranking newly
9 created offenses in the offense severity
10 ranking chart; providing an effective date.
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