CS/HB 449

1	A bill to be entitled
2	An act relating to criminal offenses; amending s. 810.02,
3	F.S.; providing enhanced penalties for burglaries of
4	authorized emergency vehicles; providing enhanced
5	penalties for specified burglaries that are committed
6	during a state of emergency declared by the Governor and
7	facilitated by conditions arising from the emergency;
8	prohibiting the release of a person arrested for
9	committing a burglary during such a state of emergency
10	until that person appears before a magistrate at a first-
11	appearance hearing; requiring that a felony burglary
12	committed during a state of emergency declared by the
13	Governor be reclassified one level above the current
14	ranking of the offense committed; amending s. 812.014,
15	F.S.; providing enhanced penalties for the theft of
16	certain law enforcement equipment taken from authorized
17	emergency vehicles; providing enhanced penalties for the
18	theft of certain property stolen during a state of
19	emergency declared by the Governor and facilitated by
20	conditions arising from the emergency; requiring that a
21	felony theft committed during such a state of emergency be
22	reclassified one level above the current ranking of the
23	offense committed; amending s. 921.0022, F.S.; ranking
24	newly created offenses in the offense severity ranking
25	chart; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsections (3) and (4) of section 810.02,
30	Florida Statutes, are amended to read:
31	810.02  Burglary.--
32	(3)  Burglary is a felony of the second degree, punishable
33	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
34	course of committing the offense, the offender does not make an
35	assault or battery and is not and does not become armed with a
36	dangerous weapon or explosive, and the offender enters or
37	remains in a:
38	(a)  Dwelling, and there is another person in the dwelling
39	at the time the offender enters or remains;
40	(b)  Dwelling, and there is not another person in the
41	dwelling at the time the offender enters or remains;
42	(c)  Structure, and there is another person in the
43	structure at the time the offender enters or remains; or
44	(d)  Conveyance, and there is another person in the
45	conveyance at the time the offender enters or remains; or.
46	(e)  Authorized emergency vehicle, as defined in s.
47	316.003.
48
49	However, if the burglary is committed within a county that is
50	subject to a state of emergency declared by the Governor under
51	chapter 252 after the declaration of emergency is made and the
52	perpetration of the burglary is facilitated by conditions
53	arising from the emergency, the burglary is a felony of the
54	first degree, punishable as provided in s. 775.082, s. 775.083,
55	or s. 775.084. As used in this subsection, the term "conditions
56	arising from the emergency" means civil unrest, power outages,
57	curfews, voluntary or mandatory evacuations, or a reduction in
58	the presence of or response time for first responders or
59	homeland security personnel. A person arrested for committing a
60	burglary within a county that is subject to such a state of
61	emergency may not be released until the person appears before a
62	committing magistrate at a first-appearance hearing. For
63	purposes of sentencing under chapter 921, a felony offense that
64	is reclassified under this subsection is ranked one level above
65	the ranking under s. 921.0022 or s. 921.0023 of the offense
66	committed.
67	(4)  Burglary is a felony of the third degree, punishable
68	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
69	course of committing the offense, the offender does not make an
70	assault or battery and is not and does not become armed with a
71	dangerous weapon or explosive, and the offender enters or
72	remains in a:
73	(a)  Structure, and there is not another person in the
74	structure at the time the offender enters or remains; or
75	(b)  Conveyance, and there is not another person in the
76	conveyance at the time the offender enters or remains.
77
78	However, if the burglary is committed within a county that is
79	subject to a state of emergency declared by the Governor under
80	chapter 252 after the declaration of emergency is made and the
81	perpetration of the burglary is facilitated by conditions
82	arising from the emergency, the burglary is a felony of the
83	second degree, punishable as provided in s. 775.082, s. 775.083,
84	or s. 775.084. As used in this subsection, the term "conditions
85	arising from the emergency" means civil unrest, power outages,
86	curfews, voluntary or mandatory evacuations, or a reduction in
87	the presence of or response time for first responders or
88	homeland security personnel. A person arrested for committing a
89	burglary within a county that is subject to such a state of
90	emergency may not be released until the person appears before a
91	committing magistrate at a first-appearance hearing. For
92	purposes of sentencing under chapter 921, a felony offense that
93	is reclassified under this subsection is ranked one level above
94	the ranking under s. 921.0022 or s. 921.0023 of the offense
95	committed.
96	Section 2.  Paragraphs (b) and (c) of subsection (2) of
97	section 812.014, Florida Statutes, are amended to read:
98	812.014  Theft.--
99	(2)
100	(b)1.  If the property stolen is valued at $20,000 or more,
101	but less than $100,000;
102	2.  The property stolen is cargo valued at less than
103	$50,000 that has entered the stream of interstate or intrastate
104	commerce from the shipper's loading platform to the consignee's
105	receiving dock; or
106	3.  The property stolen is emergency medical equipment,
107	valued at $300 or more, that is taken from a facility licensed
108	under chapter 395 or from an aircraft or vehicle permitted under
109	chapter 401; or
110	4.  The property stolen is law enforcement equipment,
111	valued at $300 or more, that is taken from an authorized
112	emergency vehicle, as defined in s. 316.003,
113
114	the offender commits grand theft in the second degree,
115	punishable as a felony of the second degree, as provided in s.
116	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
117	means mechanical or electronic apparatus used to provide
118	emergency services and care as defined in s. 395.002(10) or to
119	treat medical emergencies. Law enforcement equipment means any
120	property, device, or apparatus used by any law enforcement
121	officer as defined in s. 943.10 in the officer's official
122	business. However, if the property is stolen within a county
123	that is subject to a state of emergency declared by the Governor
124	under chapter 252, the theft is committed after the declaration
125	of emergency is made, and the perpetration of the theft is
126	facilitated by conditions arising from the emergency, the theft
127	is a felony of the first degree, punishable as provided in s.
128	775.082, s. 775.083, or s. 775.084. As used in this paragraph,
129	the term "conditions arising from the emergency" means civil
130	unrest, power outages, curfews, voluntary or mandatory
131	evacuations, or a reduction in the presence of or response time
132	for first responders or homeland security personnel. For
133	purposes of sentencing under chapter 921, a felony offense that
134	is reclassified under this paragraph is ranked one level above
135	the ranking under s. 921.0022 or s. 921.0023 of the offense
136	committed.
137	(c)  It is grand theft of the third degree and a felony of
138	the third degree, punishable as provided in s. 775.082, s.
139	775.083, or s. 775.084, if the property stolen is:
140	1.  Valued at $300 or more, but less than $5,000.
141	2.  Valued at $5,000 or more, but less than $10,000.
142	3.  Valued at $10,000 or more, but less than $20,000.
143	4.  A will, codicil, or other testamentary instrument.
144	5.  A firearm.
145	6.  A motor vehicle, except as provided in paragraph
146	(2)(a).
147	7.  Any commercially farmed animal, including any animal of
148	the equine, bovine, or swine class, or other grazing animal, and
149	including aquaculture species raised at a certified aquaculture
150	facility. If the property stolen is aquaculture species raised
151	at a certified aquaculture facility, then a $10,000 fine shall
152	be imposed.
153	8.  Any fire extinguisher.
154	9.  Any amount of citrus fruit consisting of 2,000 or more
155	individual pieces of fruit.
156	10.  Taken from a designated construction site identified
157	by the posting of a sign as provided for in s. 810.09(2)(d).
158	11.  Any stop sign.
159	12.  Anhydrous ammonia.
160
161	However, if the property is stolen within a county that is
162	subject to a state of emergency declared by the Governor under
163	chapter 252, the property is stolen after the declaration of
164	emergency is made, and the perpetration of the theft is
165	facilitated by conditions arising from the emergency, the
166	offender commits a felony of the second degree, punishable as
167	provided in s. 775.082, s. 775.083, or s. 775.084, if the
168	property is valued at $5,000 or more, but less than $10,000, as
169	provided under subparagraph 2., or if the property is valued at
170	$10,000 or more, but less than $20,000, as provided under
171	subparagraph 3. As used in this paragraph, the term "conditions
172	arising from the emergency" means civil unrest, power outages,
173	curfews, voluntary or mandatory evacuations, or a reduction in
174	the presence of or the response time for first responders or
175	homeland security personnel. For purposes of sentencing under
176	chapter 921, a felony offense that is reclassified under this
177	paragraph is ranked one level above the ranking under s.
178	921.0022 or s. 921.0023 of the offense committed.
179	Section 3.  Paragraph (g) of subsection (3) of section
180	921.0022, Florida Statutes, is amended to read:
181	921.0022  Criminal Punishment Code; offense severity
182	ranking chart.--
183	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
184
	(g)  LEVEL 7
185
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
186
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
187
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
188
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
189
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
190
	409.920(2) 3rd Medicaid provider fraud.
191
	456.065(2) 3rd Practicing a health care profession without a license.
192
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
193
	458.327(1) 3rd Practicing medicine without a license.
194
	459.013(1) 3rd Practicing osteopathic medicine without a license.
195
	460.411(1) 3rd Practicing chiropractic medicine without a license.
196
	461.012(1) 3rd Practicing podiatric medicine without a license.
197
	462.17 3rd Practicing naturopathy without a license.
198
	463.015(1) 3rd Practicing optometry without a license.
199
	464.016(1) 3rd Practicing nursing without a license.
200
	465.015(2) 3rd Practicing pharmacy without a license.
201
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
202
	467.201 3rd Practicing midwifery without a license.
203
	468.366 3rd Delivering respiratory care services without a license.
204
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
205
	483.901(9) 3rd Practicing medical physics without a license.
206
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
207
	484.053 3rd Dispensing hearing aids without a license.
208
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
209
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
210
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
211
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
212
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
213
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
214
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
215
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
216
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
217
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
218
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
219
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
220
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
221
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
222
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
223
	784.048(7) 3rd Aggravated stalking; violation of court order.
224
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
225
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
226
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
227
	784.081(1) 1st Aggravated battery on specified official or employee.
228
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
229
	784.083(1) 1st Aggravated battery on code inspector.
230
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
231
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
232
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
233
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
234
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
235
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
236
	796.03 2nd Procuring any person under 16 years for prostitution.
237
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
238
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
239
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
240
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
241
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
242
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
243
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
244
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
245
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
246
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
247
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
248
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
249
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
250
	812.131(2)(a) 2nd Robbery by sudden snatching.
251
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
252
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
253
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
254
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
255
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
256
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
257
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
258
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
259
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
260
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
261
	838.015 2nd Bribery.
262
	838.016 2nd Unlawful compensation or reward for official behavior.
263
	838.021(3)(a) 2nd Unlawful harm to a public servant.
264
	838.22 2nd Bid tampering.
265
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
266
	872.06 2nd Abuse of a dead human body.
267
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
268
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
269
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
270
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
271
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
272
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
273
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
274
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
275
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
276
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
277
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
278
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
279
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
280
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
281
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
282
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
283
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
284
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
285
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
286
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
287
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
288
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
289
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
290
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
291
292	Section 4.  This act shall take effect July 1, 2007.

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