The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 360
INTRODUCER: Senator Harrell
SUBJECT: Traveling Across County Lines to Commit a Burglary
DATE: January 25, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stokes Jones CJ Favorable
2. Davis Cibula JU Favorable
3. Stokes Phelps RC Pre-meeting
I. Summary:
SB 360 amends s. 843.22, F.S., which provides an enhanced penalty for persons who travel
across county lines with the intent to commit a burglary. This bill removes the requirement that
the purpose of the travel must have been to thwart law enforcement attempts to track the items
stolen in the burglary.
This bill may have a positive indeterminate prison bed impact. See Section V. Fiscal Impact
Statement.
This bill is effective October 1, 2022.
II. Present Situation:
Organized theft is a growing problem across the country. Offenders who travel for the purpose of
committing theft, fraud, and ID theft are often referred to as “felony lane gangs.” The term
“felony lane gang” was given to the groups of thieves because they often cash stolen checks
using stolen driver licenses in a bank’s drive through lane located farthest from video cameras
and tellers to avoid detection.
1
Felony lane gangs originated in south Florida, and according to
the FBI, these gangs often commit bank fraud after smash-and-grab theft of identity documents.
2
This type of crime scheme has not only occurred throughout Florida, but has become an
interstate criminal organization. Recently, several members of a felony lane gang based in
1
U.S. Immigration and Customs Enforcement, Leader of Florida’s Million Dollar ‘Felony Lane Gang’ Sentenced to More
Than 15 Years in Prison (March 10, 2014) https://www.ice.gov/news/releases/leader-floridas-million-dollar-felony-lane-
gang-sentenced-more-15-years-prison.
2
South Florida Sun Sentinel, Is the Felony Lane Gang at it again? Man held in ID theft heist, Mario Ariza, September 17,
2019, available at https://www.sun-sentinel.com/news/crime/fl-ne-felony-lane-gang-again-20190917-
xnbass6zhbbbvipdb4hhcw5qui-story.html (last visited Jan. 5, 2022).
REVISED: BILL: SB 360 Page 2
Florida were arrested and indicted in Oregon after they traveled there for the purpose of burgling
vehicles and committing bank fraud and identity theft.
3
Similarly, organized retail theft continues to be a problem. A crime and safety analyst for
News4Jax has stated that it is difficult to track down retail theft suspects because “they’re always
in motion. They’re always moving. . . . You have to have a defined suspect, basically, have them
on surveillance more than once.”
4
In 2019, Florida Department of Law Enforcement (FDLE)
agents arrested three individuals who were suspected of an elaborate scheme that stole
merchandise worth thousands of dollars from retailers across the southeast, the suspects printed
and affixed false UPC barcodes in the place of valid barcodes in Target and Home Depot stores,
completing more than 100 thefts in 23 Florida counties. Grand theft was among the charges filed
against at least one of the suspects.
5
Burglary
Section 810.02(1), F.S., provides that a person commits burglary by:
Entering a dwelling,
6
structure,
7
or conveyance
8
with the intent to commit an offense therein,
unless the premises are open to the public or the person’s entry is licensed or invited; or
Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or
conveyance:
o Surreptitiously, with the intent to commit an offense therein;
o After permission to remain is withdrawn, with the intent to commit an offense therein; or
3
The Department of Justice, United States Attorney’s Office, District of Oregon, Felony Lane Gang Member Sentenced in
Bank Fraud Scheme, May 3, 2021, available at https://www.justice.gov/usao-or/pr/felony-lane-gang-member-sentenced-
bank-fraud-scheme (last visited Jan. 5, 2022).
4
News4Jax, Theft ring stole at least $83K in merchandise from home improvement stores, Allyson Henning, June 20, 2019,
available at https://www.news4jax.com/news/2019/06/21/theft-ring-stole-at-least-83k-in-merchandise-from-home-
improvement-
stores/#:~:text=Theft%20ring%20stole%20at%20least%20$83K%20in%20merchandise,stores%20between%202017%20and
%202019,%20police%20reports%20show (last visited Jan. 5, 2022).
5
News4Jax, FDLE busts multi-state organized retail theft ring, Steve Patrick, November 25, 2019, available at
https://www.news4jax.com/news/2019/11/25/fdle-arrests-3-for-multi-state-organized-theft-ring/ (last visited Jan. 5, 2022).
6
Section 810.011(2), F.S., defines “dwelling,” to mean a building or conveyance of any kind, including any attached porch,
whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is
designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a
state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area
covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such
portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
7
Section 810.011(1), F.S., defines “structure,” to mean a building of any kind, either temporary or permanent, which has a
roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order
or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and
for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as
exist at the original site, regardless of absence of a wall or roof.
8
Section 810.011(3), F.S., defines “conveyance,” to mean any motor vehicle, ship, vessel, railroad vehicle or car, trailer,
aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance. However, during
the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within
the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term
“conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions
thereof as exist. BILL: SB 360 Page 3
o To commit or attempt to commit a forcible felony.
9
A burglary is a felony offense classified according to the offense’s specific circumstances, as
follows:
Unarmed burglary of an unoccupied structure or unoccupied conveyance (no assault or
battery) is a Level 4 third degree felony.
10
Unarmed burglary of an occupied structure (no assault or battery) is a Level 6 second degree
felony.
11
Unarmed burglary of a dwelling, an occupied conveyance, or an authorized emergency
vehicle (no assault or battery) is a Level 7 second degree felony.
12
Burglary is a Level 8 first degree felony punishable by a terms of years not exceeding life
imprisonment if, in the course of committing the offense, the offender:
o Makes an assault or battery upon any person;
o Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a
dangerous weapon; or
o Enters an occupied or unoccupied dwelling or structure, and:
▪ Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to
assist in committing the offense, and thereby damages the dwelling or structure; or
▪ Causes damage to the dwelling or structure, or to property within the dwelling or
structure in excess of $1,000.
13
Traveling Across County Lines
In 2014, as a response to a “wave” of burglaries in Florida, the Legislature enacted laws to
reclassify the crime of burglary to a higher degree when the offender traveled to commit the
crime. The Sheriff of Martin County in 2013 stated that traditional law enforcement methods,
“such as using local pawn shop databases . . ., confidential informants . . . proactive police
patrols, . . . or targeted patrols,” become less effective with these crimes. According to the
Sheriff, it is difficult for law enforcement to establish a pattern and track criminals when they
travel from their home county to neighboring counties to commit crimes.
14
Section 843.22, F.S., provides that if a person who commits a burglary travels any distance with
the intent to commit the burglary in a county in this state other than the person’s county of
residence, the degree of the burglary is reclassified to the next higher degree if the purpose of the
person’s travel is to thwart law enforcement attempts to track the items stolen in the burglary.
15
9
A “forcible felony” is treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary;
arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or
discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or
violence against any individual. Section 776.08, F.S.
10
Sections 810.02(4)(a) and (b) and 921.0022(3)(d), F.S.
11
Sections 810.02(3)(c) and 921.0022(3)(f), F.S.
12
Sections 810.02(3)(a), (b), (d), and (e) and 921.0022(3)(g), F.S.
13
Sections 810.02(2)(a)2. and 921.0022(3)(h), F.S.
14
WFSU News, Sheriff Enlists Legislative Help to Crack Down on Growing Problem: ‘Pillowcase Burglars,’ Sascha
Cordner, December 18, 2013, available at https://news.wfsu.org/state-news/2013-12-18/sheriff-enlists-legislative-help-to-
crack-down-on-growing-problem-pillowcase-burglars (last visited Jan. 5, 2022).
15
Section 843.22(2), F.S. BILL: SB 360 Page 4
County of residence is the county within this state that a person resides. Evidence of a person’s
county of residence includes, but is not limited to:
The address on a person’s driver license or state identification card;
Records of real property or mobile home ownership;
Records of a lease agreement for residential property;
The county in which a person’s motor vehicle is registered;
The county in which a person is enrolled in an educational institution; and
The county in which a person is employed.
16
For purposes of sentencing, a burglary that is reclassified under this section is ranked one level
above the ranking specified in s. 921.0022 or s. 921.0023, F.S., for the offense committed.
17
Severity Ranking Chart
Section 921.0022(1) and (2), F.S., provides the offense severity ranking chart that must be used
with the Criminal Punishment Code worksheet to compute a sentence score for each felony
offender whose offense was committed on or after October 1, 1998. The chart has 10 offense
levels, ranked from least severe to most severe.
Section 921.0023, F.S., provides that until the Legislature specifically assigns an offense to a
severity level in the offense severity ranking chart, the severity level is within the following
parameters:
A third degree felony is within offense level 1;
A second degree felony is within offense level 4;
A first degree felony is within offense level 7;
A first degree punishable by life felony is within offense level 9; and
A life felony is within offense level 10.
Reclassification
Florida currently has various statutes that reclassify criminal offenses under specified
circumstances. Generally, criminal laws provide for reclassification to the next highest degree.
Reclassifying an offense has the effect of increasing the maximum sentence that can be imposed
for an offense. The maximum sentence that can be imposed for a criminal offense is generally
based on the degree of the misdemeanor or felony. These are the maximum sentences provided
in statute:
Sixty days in a county jail for a second degree misdemeanor;
One year in a county jail for a first degree misdemeanor;
Five years in state prison for a third degree felony;
Fifteen years in state prison for a second degree felony; and
Generally, 30 years in state prison for a first degree felony.
18
16
Section 843.22(1)(a), F.S.
17
Section 843.22(2), F.S.
18
Section 775.082, F.S. (maximum penalties). Fines may also be imposed, and those fines escalate based on the degree of the
offense. Section 775.082, F.S., provides the following maximum fines: $500 for a second degree misdemeanor; $1,000 for a
first degree misdemeanor; $5,000 for a third degree felony; and $10,000 for a second degree felony and a first degree felony. BILL: SB 360 Page 5
Examples of criminal offenses that provide for such reclassification include, in part:
A violation of driving while a license is suspended is a second degree misdemeanor for a first
offense.
19
A second or subsequent conviction is reclassified from a second degree
misdemeanor to a first degree misdemeanor.
20
Further, a third or subsequent conviction is
reclassified to a third degree felony if the violation or the most recent prior conviction is
related to a violation of specified driving offenses.
21
A violation of the theft statute under s. 812.014, F.S., for petit theft offenses are reclassified
when a person has prior theft convictions.
22
For example, a petit theft where the property is
valued at $100 or more, but less than $750, is a first degree misdemeanor
23
but a person who
commits petit theft and who previously was convicted two or more times for a theft commits
a third degree felony.
24
III. Effect of Proposed Changes:
This bill amends s. 843.22, F.S., which provides an enhancement for persons who travel across
county lines with the intent to commit a burglary. This bill removes the requirement that the
purpose of the travel must have been to thwart law enforcement attempts to track the items stolen
in the burglary.
This bill is effective October 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
19
Section 322.34(2)(a), F.S.
20
Section 322.34(2)(b), F.S.
21
Section 322.34(2)(c), F.S. The enumerated specified offenses include driving under the influence; refusal to submit to a
urine, breath-alcohol, or blood alcohol test; a traffic offense causing death or serious bodily injury; or fleeing and eluding.
22
Sections 812.014(3)(b), and (c), F.S.
23
Section 812.014(2)(e), F.S.
24
Section 812.04(3)(c), F.S. BILL: SB 360 Page 6
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Criminal Justice Impact Conference (CJIC) has not reviewed this legislation.
However, SB 360 may have a positive indeterminate prison bed impact due to the
increased number of offenders who may be sentenced to prison under this enhancement.
Removing the requirement to prove that purpose of the travel must have been to thwart
law enforcement attempts to track the items stolen may increase the number of offenders
who qualify for this enhancement.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 843.22 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.