Florida Senate - 2010                                    SB 1968
       
       
       
       By Senator Smith
       
       
       
       
       29-01596-10                                           20101968__
    1                        A bill to be entitled                      
    2         An act relating to offenses committed on the grounds
    3         of a religious institution; creating s. 775.0865,
    4         F.S.; providing for the reclassification of the felony
    5         degree for a violation of the offense of burglary or
    6         theft when committed on the grounds of a religious
    7         institution; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 775.0865, Florida Statutes, is created
   12  to read:
   13         775.0865 Offenses committed on the grounds of a religious
   14  institution; reclassification.—
   15         (1) For purposes of this section, the term “religious
   16  institution” has the same meaning as provided in s. 496.404.
   17         (2) The felony degree of any violation of:
   18         1. Section 810.02, relating to burglary; or
   19         2. Section 812.014, relating to theft,
   20  
   21  shall be reclassified as provided in this section if the offense
   22  is committed on the grounds of a religious institution.
   23         (3)(a) In the case of a felony of the third degree, the
   24  offense is reclassified to a felony of the second degree.
   25         (b) In the case of a felony of the second degree, the
   26  offense is reclassified to a felony of the first degree.
   27         (c) In the case of a felony of the first degree, the
   28  offense is reclassified to a life felony.
   29  
   30  For purposes of sentencing under chapter 921 and determining
   31  incentive gain-time eligibility under chapter 944, a felony
   32  offense that is reclassified under this subsection is ranked one
   33  level above the ranking under s. 921.0022 or s. 921.0023 of the
   34  offense committed.
   35         Section 2. This act shall take effect October 1, 2010.