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A bill to be entitled |
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An act relating to facilitating or furthering a burglary; |
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creating s. 810.061, F.S.; defining the term "burglary"; |
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providing that it is a third degree felony for a person to |
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damage a wire or line that transmits or conveys telephone |
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or power to a dwelling or to otherwise impair or impede |
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such telephone or power transmission or conveyance for the |
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purpose of facilitating or furthering the commission or |
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attempted commission of a burglary of a dwelling; |
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reenacting s. 810.02(1)(b), F.S., relating to the |
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definition of the term "burglary"; amending s. 921.0022, |
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F.S., relating to the offense severity ranking chart of |
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the Criminal Punishment Code; conforming provisions to |
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changes made by the act; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 810.061, Florida Statutes, is created |
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to read: |
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810.061 Impairing or impeding telephone or power to a |
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dwelling; facilitating or furthering a burglary; penalty.-- |
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(1) As used in this section, the term "burglary" has the |
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meaning ascribed in s. 810.02(1)(b). |
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(2) A person who, for the purpose of facilitating or |
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furthering the commission or attempted commission of a burglary |
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of a dwelling by any person, damages a wire or line that |
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transmits or conveys telephone or power to that dwelling, |
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impairs any other equipment necessary for telephone or power |
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transmission or conveyance, or otherwise impairs or impedes such |
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telephone or power transmission or conveyance commits a felony |
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of the third degree, punishable as provided in s. 775.082, s. |
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775.083, or s. 775.084. |
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Section 2. Paragraph (b) of subsection (1) of section |
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810.02, Florida Statutes, is reenacted to read: |
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810.02 Burglary.-- |
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(1) |
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(b) For offenses committed after July 1, 2001, "burglary" |
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means: |
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1. Entering a dwelling, a structure, or a conveyance with |
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the intent to commit an offense therein, unless the premises are |
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at the time open to the public or the defendant is licensed or |
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invited to enter; or |
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2. Notwithstanding a licensed or invited entry, remaining |
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in a dwelling, structure, or conveyance: |
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a. Surreptitiously, with the intent to commit an offense |
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therein; |
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b. After permission to remain therein has been withdrawn, |
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with the intent to commit an offense therein; or |
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c. To commit or attempt to commit a forcible felony, as |
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defined in s. 776.08. |
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Section 3. Paragraph (b) of subsection (3) of section |
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921.0022, Florida Statutes, is amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| Statute | Degree | Description |
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| 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
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| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
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| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
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| 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
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| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
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| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
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| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
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| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
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| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
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| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
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| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
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| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
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| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
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| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
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| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
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| 817.60(5) | 3rd | Dealing in credit cards of another. |
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| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
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| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
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| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
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| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
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| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
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| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
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| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
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| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
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| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
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| 843.08 | 3rd | Falsely impersonating an officer. |
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| 893.13(2)(a)2. | 3rd | Purchase of any s. 893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) drugs other than cannabis. |
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| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
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Section 4. This act shall take effect July 1, 2003. |