Senate Bill sb1644c1
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Florida Senate - 2007 CS for SB 1644
By the Committee on Criminal and Civil Justice Appropriations;
and Senators Gaetz and Lynn
604-2448-07
1 A bill to be entitled
2 An act relating to retail theft; amending s.
3 812.014, F.S.; providing enhanced penalties for
4 theft exceeding a specified amount for persons
5 who individually, or in concert with others,
6 coordinate the activities of one or more
7 persons in committing the theft; amending s.
8 812.015, F.S.; providing enhanced penalties for
9 retail theft exceeding a specified amount for
10 persons who individually, or in concert with
11 others, coordinate the activities of one or
12 more persons in committing the offense;
13 amending s. 921.0022, F.S.; conforming the
14 Criminal Punishment Code offense severity
15 ranking chart; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsection (6) is added to section 812.014,
20 Florida Statutes, to read:
21 812.014 Theft.--
22 (6) A person who individually, or in concert with one
23 or more other persons, coordinates the activities of one or
24 more persons in committing theft under this section where the
25 stolen property has a value in excess of $3,000 commits a
26 felony of the second degree, punishable as provided in s.
27 775.082, s. 775.083, or s. 775.084.
28 Section 2. Subsections (8) and (9) of section 812.015,
29 Florida Statutes, are amended to read:
30 812.015 Retail and farm theft; transit fare evasion;
31 mandatory fine; alternative punishment; detention and arrest;
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Florida Senate - 2007 CS for SB 1644
604-2448-07
1 exemption from liability for false arrest; resisting arrest;
2 penalties.--
3 (8) Except as provided in subsection (9), If a person
4 who commits retail theft commits, it is a felony of the third
5 degree, punishable as provided in s. 775.082, s. 775.083, or
6 s. 775.084, if the property stolen is valued at $300 or more,
7 and the person:
8 (a) Individually, or in concert with one or more other
9 persons, coordinates the activities of one or more individuals
10 in committing the offense, in which case the amount of each
11 individual theft is aggregated to determine the value of the
12 property stolen;
13 (b) Commits theft from more than one location within a
14 48-hour period, in which case the amount of each individual
15 theft is aggregated to determine the value of the property
16 stolen;
17 (c) Acts in concert with one or more other individuals
18 within one or more establishments to distract the merchant,
19 merchant's employee, or law enforcement officer in order to
20 carry out the offense, or acts in other ways to coordinate
21 efforts to carry out the offense; or
22 (d) Commits the offense through the purchase of
23 merchandise in a package or box that contains merchandise
24 other than, or in addition to, the merchandise purported to be
25 contained in the package or box.
26 (9) A Any person commits a felony of the second
27 degree, punishable as provided in s. 775.082, s. 775.083, or
28 s. 775.084, if the person:
29 (a) who Violates subsection (8) and who has previously
30 been convicted of a violation of subsection (8); or
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Florida Senate - 2007 CS for SB 1644
604-2448-07
1 (b) Individually, or in concert with one or more other
2 persons, coordinates the activities of one or more persons in
3 committing the offense of retail theft where the stolen
4 property has a value in excess of $3,000 commits a felony of
5 the second degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 Section 3. Paragraph (f) of subsection (3) of section
8 921.0022, Florida Statutes, is amended to read:
9 (3) OFFENSE SEVERITY RANKING CHART
10 Florida Felony Description
11 Statute Degree
12 (f) LEVEL 6
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 499.0051(3) 2nd Forgery of pedigree papers.
16 499.0051(4) 2nd Purchase or receipt of legend
17 drug from unauthorized person.
18 499.0051(5) 2nd Sale of legend drug to
19 unauthorized person.
20 775.0875(1) 3rd Taking firearm from law
21 enforcement officer.
22 784.021(1)(a) 3rd Aggravated assault; deadly weapon
23 without intent to kill.
24 784.021(1)(b) 3rd Aggravated assault; intent to
25 commit felony.
26 784.041 3rd Felony battery.
27 784.048(3) 3rd Aggravated stalking; credible
28 threat.
29 784.048(5) 3rd Aggravated stalking of person
30 under 16.
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Florida Senate - 2007 CS for SB 1644
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1 784.07(2)(c) 2nd Aggravated assault on law
2 enforcement officer.
3 784.074(1)(b) 2nd Aggravated assault on sexually
4 violent predators facility staff.
5 784.08(2)(b) 2nd Aggravated assault on a person 65
6 years of age or older.
7 784.081(2) 2nd Aggravated assault on specified
8 official or employee.
9 784.082(2) 2nd Aggravated assault by detained
10 person on visitor or other
11 detainee.
12 784.083(2) 2nd Aggravated assault on code
13 inspector.
14 787.02(2) 3rd False imprisonment; restraining
15 with purpose other than those in
16 s. 787.01.
17 790.115(2)(d) 2nd Discharging firearm or weapon on
18 school property.
19 790.161(2) 2nd Make, possess, or throw
20 destructive device with intent to
21 do bodily harm or damage
22 property.
23 790.164(1) 2nd False report of deadly explosive,
24 weapon of mass destruction, or
25 act of arson or violence to state
26 property.
27 790.19 2nd Shooting or throwing deadly
28 missiles into dwellings, vessels,
29 or vehicles.
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Florida Senate - 2007 CS for SB 1644
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1 794.011(8)(a) 3rd Solicitation of minor to
2 participate in sexual activity by
3 custodial adult.
4 794.05(1) 2nd Unlawful sexual activity with
5 specified minor.
6 800.04(5)(d) 3rd Lewd or lascivious molestation;
7 victim 12 years of age or older
8 but less than 16 years; offender
9 less than 18 years.
10 800.04(6)(b) 2nd Lewd or lascivious conduct;
11 offender 18 years of age or
12 older.
13 806.031(2) 2nd Arson resulting in great bodily
14 harm to firefighter or any other
15 person.
16 810.02(3)(c) 2nd Burglary of occupied structure;
17 unarmed; no assault or battery.
18 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
19 but less than $100,000, grand
20 theft in 2nd degree.
21 812.015(9)(a) 2nd Retail theft; property stolen
22 $300 or more; second or
23 subsequent conviction.
24 812.014(6) 2nd Theft; property stolen $3,000 or
25 more; coordination of others.
26 812.015(9)(b) 2nd Retail theft; property stolen
27 $3,000 or more; coordination of
28 others.
29 812.13(2)(c) 2nd Robbery, no firearm or other
30 weapon (strong-arm robbery).
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Florida Senate - 2007 CS for SB 1644
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1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at less than $20,000.
16 827.03(1) 3rd Abuse of a child.
17 827.03(3)(c) 3rd Neglect of a child.
18 827.071(2) & (3) 2nd Use or induce a child in a sexual
19 performance, or promote or direct
20 such performance.
21 836.05 2nd Threats; extortion.
22 836.10 2nd Written threats to kill or do
23 bodily injury.
24 843.12 3rd Aids or assists person to escape.
25 847.0135(2) 3rd Facilitates sexual conduct of or
26 with a minor or the visual
27 depiction of such conduct.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
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Florida Senate - 2007 CS for SB 1644
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 Section 4. This act shall take effect October 1, 2007.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 SB 1644
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21 Provides that it is a second degree felony for a person to
individually, or in concert with one or more other persons,
22 coordinate the activities of one or more persons in committing
theft where the stolen property has a value in excess of
23 $3,000.
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