| 1 | A bill to be entitled |
| 2 | An act relating to burglary; amending s. 810.015, F.S.; |
| 3 | providing legislative findings and intent, providing for |
| 4 | special rules of statutory construction; providing |
| 5 | retroactive applicability; providing an effective date. |
| 6 |
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| 7 | WHEREAS, the Legislature finds that the holding in the |
| 8 | case of Delgado v. State, 776 So.2d 233 (Fla. 2000) was |
| 9 | previously rejected by the Legislature in s. 810.015, F.S., and |
| 10 | WHEREAS, the Legislature finds that Delgado v. State, 776 |
| 11 | So.2d 233 (Fla. 2000) was unjust and unnecessarily disruptive |
| 12 | of the law of burglary, and |
| 13 | WHEREAS, the Legislature declared its intention in Chapter |
| 14 | 2001-58, Laws of Florida, that the holding of Delgado v. State, |
| 15 | 776 So.2d 233 (Fla. 2000) be nullified, and |
| 16 | WHEREAS, the Legislature finds that the continued |
| 17 | application of the holding of Delgado v. State, 776 So.2d 233 |
| 18 | (Fla. 2000), unnecessarily perpetuates the manifest injustice |
| 19 | of its holding to other cases, and |
| 20 | WHEREAS, the Legislature finds that contrary to the |
| 21 | representation by the majority in Delgado v. State, 776 So.2d |
| 22 | 233 (Fla. 2000), the State of New York does not restrict its |
| 23 | & |
| 24 | defendant remains "surreptitiously" and that the two cases |