Senate Bill sb0214c1
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    Florida Senate - 2007                            CS for SB 214
    By the Committee on Military Affairs and Domestic Security;
    and Senators Aronberg and Lynn
    583-2222-07
  1                      A bill to be entitled
  2         An act relating to criminal acts committed
  3         during a state of emergency; amending s.
  4         810.02, F.S.; providing enhanced penalties for
  5         specified burglaries that are committed during
  6         a state of emergency declared by the Governor
  7         and facilitated by conditions arising from the
  8         emergency; prohibiting the release of a person
  9         arrested for committing a burglary during such
10         a state of emergency until that person appears
11         before a magistrate at a first-appearance
12         hearing; requiring that a felony burglary
13         committed during a state of emergency declared
14         by the Governor be reclassified one level above
15         the current ranking of the offense committed;
16         amending s. 812.014, F.S.; providing enhanced
17         penalties for the theft of certain property
18         stolen during a state of emergency declared by
19         the Governor and facilitated by conditions
20         arising from the emergency; requiring that a
21         felony theft committed during such a state of
22         emergency be reclassified one level above the
23         current ranking of the offense committed;
24         providing an effective date.
25  
26  Be It Enacted by the Legislature of the State of Florida:
27  
28         Section 1.  Subsections (3) and (4) of section 810.02,
29  Florida Statutes, are amended to read:
30         810.02  Burglary.--
31  
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    Florida Senate - 2007                            CS for SB 214
    583-2222-07
 1         (3)  Burglary is a felony of the second degree,
 2  punishable as provided in s. 775.082, s. 775.083, or s.
 3  775.084, if, in the course of committing the offense, the
 4  offender does not make an assault or battery and is not and
 5  does not become armed with a dangerous weapon or explosive,
 6  and the offender enters or remains in a:
 7         (a)  Dwelling, and there is another person in the
 8  dwelling at the time the offender enters or remains;
 9         (b)  Dwelling, and there is not another person in the
10  dwelling at the time the offender enters or remains;
11         (c)  Structure, and there is another person in the
12  structure at the time the offender enters or remains; or
13         (d)  Conveyance, and there is another person in the
14  conveyance at the time the offender enters or remains.
15  
16  However, if the burglary is committed within a county that is
17  subject to a state of emergency declared by the Governor under
18  chapter 252 after the declaration of emergency is made and the
19  perpetration of the burglary is facilitated by conditions
20  arising from the emergency, the burglary is a felony of the
21  first degree, punishable as provided in s. 775.082, s.
22  775.083, or s. 775.084. As used in this subsection, the term
23  "conditions arising from the emergency" means civil unrest,
24  power outages, curfews, voluntary or mandatory evacuations, or
25  a reduction in the presence of or response time for first
26  responders or homeland security personnel. A person arrested
27  for committing a burglary within a county that is subject to
28  such a state of emergency may not be released until the person
29  appears before a committing magistrate at a first-appearance
30  hearing. For purposes of sentencing under chapter 921, a
31  felony offense that is reclassified under this subsection is
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    Florida Senate - 2007                            CS for SB 214
    583-2222-07
 1  ranked one level above the ranking under s. 921.0022 or s.
 2  921.0023 of the offense committed.
 3         (4)  Burglary is a felony of the third degree,
 4  punishable as provided in s. 775.082, s. 775.083, or s.
 5  775.084, if, in the course of committing the offense, the
 6  offender does not make an assault or battery and is not and
 7  does not become armed with a dangerous weapon or explosive,
 8  and the offender enters or remains in a:
 9         (a)  Structure, and there is not another person in the
10  structure at the time the offender enters or remains; or
11         (b)  Conveyance, and there is not another person in the
12  conveyance at the time the offender enters or remains.
13  
14  However, if the burglary is committed within a county that is
15  subject to a state of emergency declared by the Governor under
16  chapter 252 after the declaration of emergency is made and the
17  perpetration of the burglary is facilitated by conditions
18  arising from the emergency, the burglary is a felony of the
19  second degree, punishable as provided in s. 775.082, s.
20  775.083, or s. 775.084. As used in this subsection, the term
21  "conditions arising from the emergency" means civil unrest,
22  power outages, curfews, voluntary or mandatory evacuations, or
23  a reduction in the presence of or response time for first
24  responders or homeland security personnel. A person arrested
25  for committing a burglary within a county that is subject to
26  such a state of emergency may not be released until the person
27  appears before a committing magistrate at a first-appearance
28  hearing. For purposes of sentencing under chapter 921, a
29  felony offense that is reclassified under this subsection is
30  ranked one level above the ranking under s. 921.0022 or s.
31  921.0023 of the offense committed.
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    Florida Senate - 2007                            CS for SB 214
    583-2222-07
 1         Section 2.  Paragraphs (b) and (c) of subsection (2) of
 2  section 812.014, Florida Statutes, are amended to read:
 3         812.014  Theft.--
 4         (2)
 5         (b)1.  If the property stolen is valued at $20,000 or
 6  more, but less than $100,000;
 7         2.  The property stolen is cargo valued at less than
 8  $50,000 that has entered the stream of interstate or
 9  intrastate commerce from the shipper's loading platform to the
10  consignee's receiving dock; or
11         3.  The property stolen is emergency medical equipment,
12  valued at $300 or more, that is taken from a facility licensed
13  under chapter 395 or from an aircraft or vehicle permitted
14  under chapter 401,
15  
16  the offender commits grand theft in the second degree,
17  punishable as a felony of the second degree, as provided in s.
18  775.082, s. 775.083, or s. 775.084. Emergency medical
19  equipment means mechanical or electronic apparatus used to
20  provide emergency services and care as defined in s.
21  395.002(10) or to treat medical emergencies. However, if the
22  property is stolen within a county that is subject to a state
23  of emergency declared by the Governor under chapter 252, the
24  theft is committed after the declaration of emergency is made,
25  and the perpetration of the theft is facilitated by conditions
26  arising from the emergency, the theft is a felony of the first
27  degree, punishable as provided in s. 775.082, s. 775.083, or
28  s. 775.084. As used in this subsection, the term "conditions
29  arising from the emergency" means civil unrest, power outages,
30  curfews, voluntary or mandatory evacuations, or a reduction in
31  the presence of or response time for first responders or
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    Florida Senate - 2007                            CS for SB 214
    583-2222-07
 1  homeland security personnel. For purposes of sentencing under
 2  chapter 921, a felony offense that is reclassified under this
 3  paragraph is ranked one level above the ranking under s.
 4  921.0022 or s. 921.0023 of the offense committed.
 5         (c)  It is grand theft of the third degree and a felony
 6  of the third degree, punishable as provided in s. 775.082, s.
 7  775.083, or s. 775.084, if the property stolen is:
 8         1.  Valued at $300 or more, but less than $5,000.
 9         2.  Valued at $5,000 or more, but less than $10,000.
10         3.  Valued at $10,000 or more, but less than $20,000.
11         4.  A will, codicil, or other testamentary instrument.
12         5.  A firearm.
13         6.  A motor vehicle, except as provided in paragraph
14  (2)(a).
15         7.  Any commercially farmed animal, including any
16  animal of the equine, bovine, or swine class, or other grazing
17  animal, and including aquaculture species raised at a
18  certified aquaculture facility.  If the property stolen is
19  aquaculture species raised at a certified aquaculture
20  facility, then a $10,000 fine shall be imposed.
21         8.  Any fire extinguisher.
22         9.  Any amount of citrus fruit consisting of 2,000 or
23  more individual pieces of fruit.
24         10.  Taken from a designated construction site
25  identified by the posting of a sign as provided for in s.
26  810.09(2)(d).
27         11.  Any stop sign.
28         12.  Anhydrous ammonia.
29  
30  However, if the property is stolen within a county that is
31  subject to a state of emergency declared by the Governor under
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    Florida Senate - 2007                            CS for SB 214
    583-2222-07
 1  chapter 252, the property is stolen after the declaration of
 2  emergency is made, and the perpetration of the theft is
 3  facilitated by conditions arising from the emergency, the
 4  offender commits a felony of the second degree, punishable as
 5  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 6  property is valued at $5,000 or more, but less than $10,000,
 7  as provided under subparagraph 2., or if the property is
 8  valued at $10,000 or more, but less than $20,000, as provided
 9  under subparagraph 3. As used in this subsection, the term
10  "conditions arising from the emergency" means civil unrest,
11  power outages, curfews, voluntary or mandatory evacuations, or
12  a reduction in the presence of or the response time for first
13  responders or homeland security personnel. For purposes of
14  sentencing under chapter 921, a felony offense that is
15  reclassified under this paragraph is ranked one level above
16  the ranking under s. 921.0022 or s. 921.0023 of the offense
17  committed.
18         Section 3.  This act shall take effect July 1, 2007.
19  
20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 214
22                                 
23  This committee substitute incorporates a traveling technical
    amendment that conforms the bill language to the bill
24  sponsor's intent to elevate all o/fc/e burglary and theft
    crimes effected by the bill by one felony degree.
25  
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