HB 449

1	A bill to be entitled
2	An act relating to criminal acts committed during a state
3	of emergency; amending s. 810.02, F.S.; providing enhanced
4	penalties for specified burglaries that are committed
5	during a state of emergency declared by the Governor and
6	facilitated by conditions arising from the emergency;
7	prohibiting the release of a person arrested for
8	committing a burglary during such a state of emergency
9	until that person appears before a magistrate at a first-
10	appearance hearing; requiring that a felony burglary
11	committed during a state of emergency declared by the
12	Governor be reclassified one level above the current
13	ranking of the offense committed; amending s. 812.014,
14	F.S.; providing enhanced penalties for the theft of
15	certain property stolen during a state of emergency
16	declared by the Governor and facilitated by conditions
17	arising from the emergency; requiring that a felony theft
18	committed during such a state of emergency be reclassified
19	one level above the current ranking of the offense
20	committed; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsections (3) and (4) of section 810.02,
25	Florida Statutes, are amended to read:
26	810.02  Burglary.--
27	(3)  Burglary is a felony of the second degree, punishable
28	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
29	course of committing the offense, the offender does not make an
30	assault or battery and is not and does not become armed with a
31	dangerous weapon or explosive, and the offender enters or
32	remains in a:
33	(a)  Dwelling, and there is another person in the dwelling
34	at the time the offender enters or remains;
35	(b)  Dwelling, and there is not another person in the
36	dwelling at the time the offender enters or remains;
37	(c)  Structure, and there is another person in the
38	structure at the time the offender enters or remains; or
39	(d)  Conveyance, and there is another person in the
40	conveyance at the time the offender enters or remains.
41
42	However, if the burglary is committed within a county that is
43	subject to a state of emergency declared by the Governor under
44	chapter 252 after the declaration of emergency is made and the
45	perpetration of the burglary is facilitated by conditions
46	arising from the emergency, the burglary is a felony of the
47	first degree, punishable as provided in s. 775.082, s. 775.083,
48	or s. 775.084. As used in this subsection, the term "conditions
49	arising from the emergency" means civil unrest, power outages,
50	curfews, voluntary or mandatory evacuations, or a reduction in
51	the presence of or response time for first responders or
52	homeland security personnel. A person arrested for committing a
53	burglary within a county that is subject to such a state of
54	emergency may not be released until the person appears before a
55	committing magistrate at a first-appearance hearing. For
56	purposes of sentencing under chapter 921, a felony offense that
57	is reclassified under this subsection is ranked one level above
58	the ranking under s. 921.0022 or s. 921.0023 of the offense
59	committed.
60	(4)  Burglary is a felony of the third degree, punishable
61	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
62	course of committing the offense, the offender does not make an
63	assault or battery and is not and does not become armed with a
64	dangerous weapon or explosive, and the offender enters or
65	remains in a:
66	(a)  Structure, and there is not another person in the
67	structure at the time the offender enters or remains; or
68	(b)  Conveyance, and there is not another person in the
69	conveyance at the time the offender enters or remains.
70
71	However, if the burglary is committed within a county that is
72	subject to a state of emergency declared by the Governor under
73	chapter 252 after the declaration of emergency is made and the
74	perpetration of the burglary is facilitated by conditions
75	arising from the emergency, the burglary is a felony of the
76	second degree, punishable as provided in s. 775.082, s. 775.083,
77	or s. 775.084. As used in this subsection, the term "conditions
78	arising from the emergency" means civil unrest, power outages,
79	curfews, voluntary or mandatory evacuations, or a reduction in
80	the presence of or response time for first responders or
81	homeland security personnel. A person arrested for committing a
82	burglary within a county that is subject to such a state of
83	emergency may not be released until the person appears before a
84	committing magistrate at a first-appearance hearing. For
85	purposes of sentencing under chapter 921, a felony offense that
86	is reclassified under this subsection is ranked one level above
87	the ranking under s. 921.0022 or s. 921.0023 of the offense
88	committed.
89	Section 2.  Paragraphs (b) and (c) of subsection (2) of
90	section 812.014, Florida Statutes, are amended to read:
91	812.014  Theft.--
92	(2)
93	(b)1.  If the property stolen is valued at $20,000 or more,
94	but less than $100,000;
95	2.  The property stolen is cargo valued at less than
96	$50,000 that has entered the stream of interstate or intrastate
97	commerce from the shipper's loading platform to the consignee's
98	receiving dock; or
99	3.  The property stolen is emergency medical equipment,
100	valued at $300 or more, that is taken from a facility licensed
101	under chapter 395 or from an aircraft or vehicle permitted under
102	chapter 401,
103
104	the offender commits grand theft in the second degree,
105	punishable as a felony of the second degree, as provided in s.
106	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
107	means mechanical or electronic apparatus used to provide
108	emergency services and care as defined in s. 395.002(10) or to
109	treat medical emergencies. However, if the property is stolen
110	within a county that is subject to a state of emergency declared
111	by the Governor under chapter 252, the theft is committed after
112	the declaration of emergency is made, and the perpetration of
113	the theft is facilitated by conditions arising from the
114	emergency, the theft is a felony of the first degree, punishable
115	as provided in s. 775.082, s. 775.083, or s. 775.084. As used in
116	this paragraph, the term "conditions arising from the emergency"
117	means civil unrest, power outages, curfews, voluntary or
118	mandatory evacuations, or a reduction in the presence of or
119	response time for first responders or homeland security
120	personnel. For purposes of sentencing under chapter 921, a
121	felony offense that is reclassified under this paragraph is
122	ranked one level above the ranking under s. 921.0022 or s.
123	921.0023 of the offense committed.
124	(c)  It is grand theft of the third degree and a felony of
125	the third degree, punishable as provided in s. 775.082, s.
126	775.083, or s. 775.084, if the property stolen is:
127	1.  Valued at $300 or more, but less than $5,000.
128	2.  Valued at $5,000 or more, but less than $10,000.
129	3.  Valued at $10,000 or more, but less than $20,000.
130	4.  A will, codicil, or other testamentary instrument.
131	5.  A firearm.
132	6.  A motor vehicle, except as provided in paragraph
133	(2)(a).
134	7.  Any commercially farmed animal, including any animal of
135	the equine, bovine, or swine class, or other grazing animal, and
136	including aquaculture species raised at a certified aquaculture
137	facility. If the property stolen is aquaculture species raised
138	at a certified aquaculture facility, then a $10,000 fine shall
139	be imposed.
140	8.  Any fire extinguisher.
141	9.  Any amount of citrus fruit consisting of 2,000 or more
142	individual pieces of fruit.
143	10.  Taken from a designated construction site identified
144	by the posting of a sign as provided for in s. 810.09(2)(d).
145	11.  Any stop sign.
146	12.  Anhydrous ammonia.
147
148	However, if the property is stolen within a county that is
149	subject to a state of emergency declared by the Governor under
150	chapter 252, the property is stolen after the declaration of
151	emergency is made, and the perpetration of the theft is
152	facilitated by conditions arising from the emergency, the
153	offender commits a felony of the second degree, punishable as
154	provided in s. 775.082, s. 775.083, or s. 775.084, if the
155	property is valued at $5,000 or more, but less than $10,000, as
156	provided under subparagraph 2., or if the property is valued at
157	$10,000 or more, but less than $20,000, as provided under
158	subparagraph 3. As used in this paragraph, the term "conditions
159	arising from the emergency" means civil unrest, power outages,
160	curfews, voluntary or mandatory evacuations, or a reduction in
161	the presence of or the response time for first responders or
162	homeland security personnel. For purposes of sentencing under
163	chapter 921, a felony offense that is reclassified under this
164	paragraph is ranked one level above the ranking under s.
165	921.0022 or s. 921.0023 of the offense committed.
166	Section 3.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.