Florida Senate - 2014                                     SB 550
       
       
        
       By Senator Hukill
       
       
       
       
       
       8-00792-14                                             2014550__
    1                        A bill to be entitled                      
    2         An act relating to traveling across county lines to
    3         commit a felony offense; creating s. 843.22, F.S.;
    4         defining the terms “county of residence” and “felony
    5         offense” for the purpose of the crime of traveling
    6         across county lines with the intent to commit a felony
    7         offense; providing a criminal penalty; amending s.
    8         903.046, F.S.; adding the crime of traveling across
    9         county lines with the intent to commit a felony
   10         offense to the factors a court must consider in
   11         determining whether to release a defendant on bail;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 843.22, Florida Statutes, is created to
   17  read:
   18         843.22 Traveling across county lines with intent to commit
   19  a felony offense.—
   20         (1) As used in this section, the term:
   21         (a) “County of residence” means the county within this
   22  state in which a person resides. Evidence of a person’s county
   23  of residence includes, but is not limited to:
   24         1. The address on a person’s driver license or state
   25  identification card;
   26         2. Records of real property or mobile home ownership;
   27         3. Records of a lease agreement for residential property;
   28         4. The county in which a person’s motor vehicle is
   29  registered;
   30         5. The county in which a person is enrolled in an
   31  educational institution; and
   32         6. The county in which a person is employed.
   33         (b) “Felony offense” means any of the following felony
   34  offenses, including an attempt, solicitation, or conspiracy to
   35  commit such offense:
   36         1. Battery as provided in chapter 784.
   37         2. Stalking as provided in s. 784.048.
   38         3. Kidnapping as defined in s. 787.01.
   39         4. Sexual battery as defined in s. 794.011.
   40         5. Lewdness as defined in s. 796.07.
   41         6. Prostitution as defined in s. 796.07.
   42         7. Arson as provided in s. 806.01.
   43         8. Burglary as defined in s. 810.02.
   44         9. Theft as provided in s. 812.014.
   45         10. Robbery as defined in s. 812.13.
   46         11. Carjacking as defined in s. 812.133.
   47         12. Home-invasion robbery as defined in s. 812.135.
   48         13. Trafficking in a controlled substance as provided in s.
   49  893.135.
   50         14. Racketeering as provided in chapter 895.
   51         (2) A person who travels any distance with the intent to
   52  commit a felony offense in a county in this state other than the
   53  person’s county of residence commits an additional felony of the
   54  third degree, punishable as provided in s. 775.082, s. 775.083,
   55  or s. 775.084.
   56         Section 2. Paragraph (l) of subsection (2) of section
   57  903.046, Florida Statutes, is amended to read:
   58         903.046 Purpose of and criteria for bail determination.—
   59         (2) When determining whether to release a defendant on bail
   60  or other conditions, and what that bail or those conditions may
   61  be, the court shall consider:
   62         (l) Whether the crime charged is a violation of s. 843.22
   63  or chapter 874 or alleged to be subject to enhanced punishment
   64  under chapter 874. If any such violation is charged against a
   65  defendant or if the defendant is charged with a crime that is
   66  alleged to be subject to such enhancement, he or she is shall
   67  not be eligible for release on bail or surety bond until the
   68  first appearance on the case in order to ensure the full
   69  participation of the prosecutor and the protection of the
   70  public.
   71         Section 3. This act shall take effect October 1, 2014.