Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 427
       
       
       
       
       
       
                                Ì292706/Î292706                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/RE/3R         .                                
             04/29/2014 11:58 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Hukill moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 843.22, Florida Statutes, is created to
    6  read:
    7         843.22 Traveling across county lines with intent to commit
    8  a felony offense.—
    9         (1) As used in this section, the term:
   10         (a) “County of residence” means the county within this
   11  state in which a person resides. Evidence of a person’s county
   12  of residence includes, but is not limited to:
   13         1. The address on a person’s driver license or state
   14  identification card;
   15         2. Records of real property or mobile home ownership;
   16         3. Records of a lease agreement for residential property;
   17         4. The county in which a person’s motor vehicle is
   18  registered;
   19         5. The county in which a person is enrolled in an
   20  educational institution; and
   21         6. The county in which a person is employed.
   22         (b) “Felony offense” means burglary as defined in s.
   23  810.02, including an attempt, solicitation, or conspiracy to
   24  commit such offense.
   25         (2) A person who travels any distance with the intent to
   26  commit a felony offense in a county in this state other than the
   27  person’s county of residence, if the purpose of the person’s
   28  travel is to thwart law enforcement attempts to track the items
   29  stolen in the burglary, commits an additional felony of the
   30  third degree, punishable as provided in s. 775.082, s. 775.083,
   31  or s. 775.084.
   32         Section 2. Paragraph (l) of subsection (2) of section
   33  903.046, Florida Statutes, is amended to read:
   34         903.046 Purpose of and criteria for bail determination.—
   35         (2) When determining whether to release a defendant on bail
   36  or other conditions, and what that bail or those conditions may
   37  be, the court shall consider:
   38         (l) Whether the crime charged is a violation of s. 843.22
   39  or chapter 874 or alleged to be subject to enhanced punishment
   40  under chapter 874. If any such violation is charged against a
   41  defendant or if the defendant is charged with a crime that is
   42  alleged to be subject to such enhancement, he or she is shall
   43  not be eligible for release on bail or surety bond until the
   44  first appearance on the case in order to ensure the full
   45  participation of the prosecutor and the protection of the
   46  public.
   47         Section 3. This act shall take effect October 1, 2014.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                        A bill to be entitled                      
   54         An act relating to traveling across county lines to
   55         commit a felony offense; creating s. 843.22, F.S.;
   56         defining the terms “county of residence” and “felony
   57         offense” for the purpose of the crime of traveling
   58         across county lines with the intent to commit a felony
   59         offense; providing a criminal penalty; amending s.
   60         903.046, F.S.; adding the crime of traveling across
   61         county lines with the intent to commit a felony
   62         offense to the factors a court must consider in
   63         determining whether to release a defendant on bail;
   64         providing an effective date.