Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 550
       
       
       
       
       
       
                                Ì650094*Î650094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/28/2014 06:36 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 53
    4  and insert:
    5  a burglary.—
    6         (1) As used in this section, the term:
    7         (a) “County of residence” means the county within this
    8  state in which a person resides. Evidence of a person’s county
    9  of residence includes, but is not limited to:
   10         1. The address on a person’s driver license or state
   11  identification card;
   12         2. Records of real property or mobile home ownership;
   13         3. Records of a lease agreement for residential property;
   14         4. The county in which a person’s motor vehicle is
   15  registered;
   16         5. The county in which a person is enrolled in an
   17  educational institution; and
   18         6. The county in which a person is employed.
   19         (b) “Burglary” means burglary as defined in s. 810.02,
   20  including an attempt, solicitation, or conspiracy to commit such
   21  offense.
   22         (2) If a person who commits a burglary travels any distance
   23  with the intent to commit the burglary in a county in this state
   24  other than the person’s county of residence, the degree of the
   25  burglary shall be reclassified to the next higher degree if the
   26  purpose of the person’s travel is to thwart law enforcement
   27  attempts to track the items stolen in the burglary. For purposes
   28  of sentencing under chapter 921 and determining incentive gain
   29  time eligibility under chapter 944, a burglary that is
   30  reclassified under this section is ranked one level above the
   31  ranking specified in s. 921.0022 or s. 921.0023 for the burglary
   32  committed.
   33         Section 2. Paragraph (l) of subsection (2) of section
   34  903.046, Florida Statutes, is amended to read:
   35         903.046 Purpose of and criteria for bail determination.—
   36         (2) When determining whether to release a defendant on bail
   37  or other conditions, and what that bail or those conditions may
   38  be, the court shall consider:
   39         (l) Whether the crime charged is a violation of chapter 874
   40  or alleged to be subject to enhanced punishment under chapter
   41  874 or reclassification under s. 843.22. If any such violation
   42  is charged against a defendant or if the defendant is charged
   43  with a crime that is alleged to be subject to such enhancement
   44  or reclassification, he or she is shall
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete lines 3 - 10
   49  and insert:
   50         commit a burglary; creating s. 843.22, F.S.; defining
   51         the terms “county of residence” and “burglary”;
   52         providing for reclassification of burglaries committed
   53         under certain circumstances; amending s. 903.046,
   54         F.S.; adding a burglary that is reclassified under s.
   55         843.22, F.S., to the factors a court must consider in