Florida Senate - 2017 SB 1102
By Senator Rouson
19-01126-17 20171102__
1 A bill to be entitled
2 An act relating to criminal offenses; amending s.
3 212.15, F.S.; revising threshold amounts for failure
4 to remit taxes offenses; amending s. 812.014, F.S.;
5 revising threshold amounts for theft offenses;
6 amending s. 812.015, F.S.; revising threshold amounts
7 for retail theft; amending s. 812.0195, F.S.; revising
8 threshold amounts for dealing in stolen property by
9 use of the Internet offenses; amending ss. 832.04 and
10 832.041, F.S.; revising threshold amounts for stopping
11 payment offenses; amending s. 832.05, F.S.; revising
12 threshold amounts for offenses involving giving
13 worthless checks, drafts, and debit card orders;
14 amending s. 832.062, F.S.; revising threshold amounts
15 for offenses involving payments to the Department of
16 Revenue; amending s. 921.0022, F.S.; conforming
17 provisions to changes made by the act; reenacting ss.
18 634.319, 634.421, 636.238(3), 642.038(2), 705.102(4),
19 812.0155(1), 985.11(1)(b), and 985.557(1)(a), F.S.,
20 relating to reporting and accounting for funds by
21 insurance sales representatives, reporting and
22 accounting for funds by insurance sales
23 representatives or agents, penalties for certain
24 violations involving discount medical plans, reporting
25 and accounting for funds, reporting lost or abandoned
26 property, suspension of a driver license following an
27 adjudication of guilt for theft, fingerprinting and
28 photographing of juveniles, and direct filing of an
29 information against a juvenile, respectively, to
30 incorporate the amendments made by the act in cross
31 references to amended provisions; providing an
32 effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Paragraphs (a) and (b) of subsection (2) of
37 section 212.15, Florida Statutes, are amended to read:
38 212.15 Taxes declared state funds; penalties for failure to
39 remit taxes; due and delinquent dates; judicial review.—
40 (2) Any person who, with intent to unlawfully deprive or
41 defraud the state of its moneys or the use or benefit thereof,
42 fails to remit taxes collected under this chapter commits is
43 guilty of theft of state funds, punishable as follows:
44 (a) If the total amount of stolen revenue is less than
45 $1,000 $300, the offense is a misdemeanor of the second degree,
46 punishable as provided in s. 775.082 or s. 775.083. Upon a
47 second conviction, the offender commits is guilty of a
48 misdemeanor of the first degree, punishable as provided in s.
49 775.082 or s. 775.083. Upon a third or subsequent conviction,
50 the offender commits is guilty of a felony of the third degree,
51 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
52 (b) If the total amount of stolen revenue is $1,000 $300 or
53 more, but less than $20,000, the offense is a felony of the
54 third degree, punishable as provided in s. 775.082, s. 775.083,
55 or s. 775.084.
56 Section 2. Subsection (2) of section 812.014, Florida
57 Statutes, is amended to read:
58 812.014 Theft.—
59 (2)(a)1. If the property stolen is valued at $100,000 or
60 more or is a semitrailer that was deployed by a law enforcement
61 officer; or
62 2. If the property stolen is cargo valued at $50,000 or
63 more that has entered the stream of interstate or intrastate
64 commerce from the shipper’s loading platform to the consignee’s
65 receiving dock; or
66 3. If the offender commits any grand theft and:
67 a. In the course of committing the offense the offender
68 uses a motor vehicle as an instrumentality, other than merely as
69 a getaway vehicle, to assist in committing the offense and
70 thereby damages the real property of another; or
71 b. In the course of committing the offense the offender
72 causes damage to the real or personal property of another in
73 excess of $1,000,
74
75 the offender commits grand theft in the first degree, punishable
76 as a felony of the first degree, as provided in s. 775.082, s.
77 775.083, or s. 775.084.
78 (b)1. If the property stolen is valued at $20,000 or more,
79 but less than $100,000;
80 2. The property stolen is cargo valued at less than $50,000
81 that has entered the stream of interstate or intrastate commerce
82 from the shipper’s loading platform to the consignee’s receiving
83 dock;
84 3. The property stolen is emergency medical equipment,
85 valued at $1,000 $300 or more, that is taken from a facility
86 licensed under chapter 395 or from an aircraft or vehicle
87 permitted under chapter 401; or
88 4. The property stolen is law enforcement equipment, valued
89 at $1,000 $300 or more, that is taken from an authorized
90 emergency vehicle, as defined in s. 316.003,
91
92 the offender commits grand theft in the second degree,
93 punishable as a felony of the second degree, as provided in s.
94 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
95 means mechanical or electronic apparatus used to provide
96 emergency services and care as defined in s. 395.002(9) or to
97 treat medical emergencies. Law enforcement equipment means any
98 property, device, or apparatus used by any law enforcement
99 officer as defined in s. 943.10 in the officer’s official
100 business. However, if the property is stolen within a county
101 that is subject to a state of emergency declared by the Governor
102 under chapter 252, the theft is committed after the declaration
103 of emergency is made, and the perpetration of the theft is
104 facilitated by conditions arising from the emergency, the theft
105 is a felony of the first degree, punishable as provided in s.
106 775.082, s. 775.083, or s. 775.084. As used in this paragraph,
107 the term “conditions arising from the emergency” means civil
108 unrest, power outages, curfews, voluntary or mandatory
109 evacuations, or a reduction in the presence of or response time
110 for first responders or homeland security personnel. For
111 purposes of sentencing under chapter 921, a felony offense that
112 is reclassified under this paragraph is ranked one level above
113 the ranking under s. 921.0022 or s. 921.0023 of the offense
114 committed.
115 (c) It is grand theft of the third degree and a felony of
116 the third degree, punishable as provided in s. 775.082, s.
117 775.083, or s. 775.084, if the property stolen is:
118 1. Valued at $1,000 $300 or more, but less than $5,000.
119 2. Valued at $5,000 or more, but less than $10,000.
120 3. Valued at $10,000 or more, but less than $20,000.
121 4. A will, codicil, or other testamentary instrument.
122 5. A firearm.
123 6. A motor vehicle, except as provided in paragraph (a).
124 7. Any commercially farmed animal, including any animal of
125 the equine, bovine, or swine class or other grazing animal; a
126 bee colony of a registered beekeeper; and aquaculture species
127 raised at a certified aquaculture facility. If the property
128 stolen is aquaculture species raised at a certified aquaculture
129 facility, then a $10,000 fine shall be imposed.
130 8. Any fire extinguisher.
131 9. Any amount of citrus fruit consisting of 2,000 or more
132 individual pieces of fruit.
133 10. Taken from a designated construction site identified by
134 the posting of a sign as provided for in s. 810.09(2)(d).
135 11. Any stop sign.
136 12. Anhydrous ammonia.
137 13. Any amount of a controlled substance as defined in s.
138 893.02. Notwithstanding any other law, separate judgments and
139 sentences for theft of a controlled substance under this
140 subparagraph and for any applicable possession of controlled
141 substance offense under s. 893.13 or trafficking in controlled
142 substance offense under s. 893.135 may be imposed when all such
143 offenses involve the same amount or amounts of a controlled
144 substance.
145
146 However, if the property is stolen within a county that is
147 subject to a state of emergency declared by the Governor under
148 chapter 252, the property is stolen after the declaration of
149 emergency is made, and the perpetration of the theft is
150 facilitated by conditions arising from the emergency, the
151 offender commits a felony of the second degree, punishable as
152 provided in s. 775.082, s. 775.083, or s. 775.084, if the
153 property is valued at $5,000 or more, but less than $10,000, as
154 provided under subparagraph 2., or if the property is valued at
155 $10,000 or more, but less than $20,000, as provided under
156 subparagraph 3. As used in this paragraph, the term “conditions
157 arising from the emergency” means civil unrest, power outages,
158 curfews, voluntary or mandatory evacuations, or a reduction in
159 the presence of or the response time for first responders or
160 homeland security personnel. For purposes of sentencing under
161 chapter 921, a felony offense that is reclassified under this
162 paragraph is ranked one level above the ranking under s.
163 921.0022 or s. 921.0023 of the offense committed.
164 (d) It is grand theft of the third degree and a felony of
165 the third degree, punishable as provided in s. 775.082, s.
166 775.083, or s. 775.084, if the property stolen is valued at $300
167 $100 or more, but less than $1,000 $300, and is taken from a
168 dwelling as defined in s. 810.011(2) or from the unenclosed
169 curtilage of a dwelling pursuant to s. 810.09(1).
170 (e) Except as provided in paragraph (d), if the property
171 stolen is valued at $300 $100 or more, but less than $1,000
172 $300, the offender commits petit theft of the first degree,
173 punishable as a misdemeanor of the first degree, as provided in
174 s. 775.082 or s. 775.083.
175 Section 3. Subsection (8) of section 812.015, Florida
176 Statutes, is amended to read:
177 812.015 Retail and farm theft; transit fare evasion;
178 mandatory fine; alternative punishment; detention and arrest;
179 exemption from liability for false arrest; resisting arrest;
180 penalties.—
181 (8) Except as provided in subsection (9), a person who
182 commits retail theft commits a felony of the third degree,
183 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
184 if the property stolen is valued at $500 $300 or more, and the
185 person:
186 (a) Individually, or in concert with one or more other
187 persons, coordinates the activities of one or more individuals
188 in committing the offense, in which case the amount of each
189 individual theft is aggregated to determine the value of the
190 property stolen;
191 (b) Commits theft from more than one location within a 48
192 hour period, in which case the amount of each individual theft
193 is aggregated to determine the value of the property stolen;
194 (c) Acts in concert with one or more other individuals
195 within one or more establishments to distract the merchant,
196 merchant’s employee, or law enforcement officer in order to
197 carry out the offense, or acts in other ways to coordinate
198 efforts to carry out the offense; or
199 (d) Commits the offense through the purchase of merchandise
200 in a package or box that contains merchandise other than, or in
201 addition to, the merchandise purported to be contained in the
202 package or box.
203 Section 4. Section 812.0195, Florida Statutes, is amended
204 to read:
205 812.0195 Dealing in stolen property by use of the
206 Internet.—Any person in this state who uses the Internet to sell
207 or offer for sale any merchandise or other property that the
208 person knows, or has reasonable cause to believe, is stolen
209 commits:
210 (1) A misdemeanor of the second degree, punishable as
211 provided in s. 775.082 or s. 775.083, if the value of the
212 property is less than $500 $300; or
213 (2) A felony of the third degree, punishable as provided in
214 s. 775.082, s. 775.083, or s. 775.084, if the value of the
215 property is $500 $300 or more.
216 Section 5. Subsection (1) of section 832.04, Florida
217 Statutes, is amended to read:
218 832.04 Stopping payment; purchase of farm or grove
219 products.—
220 (1) Whoever, with intent to defraud any producer of farm or
221 grove products or product of such products or product shall, in
222 person or by agent, make, draw, utter, deliver, or give to such
223 producer any check, draft, or written order for the payment of
224 money upon any bank, person, or corporation and secure from such
225 producer such products or product for or on account of such
226 check, draft, or written order, whether such products or product
227 are valued at the amount of such check, draft, or written order
228 or at a greater or lesser value, and who shall, pursuant to and
229 in furtherance of such intent to defraud, stop payment on such
230 check, draft, or written order, commits shall be deemed to be
231 guilty of a misdemeanor of the first degree, punishable as
232 provided in s. 775.082 or s. 775.083, if the value of the
233 products or product secured for or on account of such check,
234 draft, or written order is $500 $150 or more; and if the value
235 of the products or product secured for or on account of such
236 check, draft, or written order is less than $500 $150, he or she
237 commits shall be guilty of a misdemeanor of the second degree,
238 punishable as provided in s. 775.082 or s. 775.083.
239 Section 6. Subsection (1) of section 832.041, Florida
240 Statutes, is amended to read:
241 832.041 Stopping payment with intent to defraud.—
242 (1) Whoever, with intent to defraud any person shall, in
243 person or by agent, make, draw, utter, deliver, or give any
244 check, draft, or written order for the payment of money upon any
245 bank, person, or corporation and secure from such person goods
246 or services for or on account of such check, draft, or written
247 order, whether such goods or services are valued at the amount
248 of such check, draft, or written order or at a greater or lesser
249 value, and who shall, pursuant to and in furtherance of such
250 intent to defraud, stop payment on such check, draft, or written
251 order, commits shall be deemed to be guilty of a felony of the
252 third degree, punishable as provided in s. 775.082, s. 775.083,
253 or s. 775.084, if the value of the goods or services secured for
254 or on account of such check, draft, or written order is $500
255 $150 or more; and if the value of the goods or services secured
256 for or on account of such check, draft, or written order is less
257 than $500 $150, he or she commits shall be guilty of a
258 misdemeanor of the second degree, punishable as provided in s.
259 775.082 or s. 775.083.
260 Section 7. Paragraph (b) of subsection (2) and paragraph
261 (c) of subsection (4) of section 832.05, Florida Statutes, are
262 amended to read:
263 832.05 Giving worthless checks, drafts, and debit card
264 orders; penalty; duty of drawee; evidence; costs; complaint
265 form.—
266 (2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS;
267 PENALTY.—
268 (b) A violation of the provisions of this subsection
269 constitutes a misdemeanor of the first degree, punishable as
270 provided in s. 775.082 or s. 775.083, unless the check, draft,
271 debit card order, or other written order drawn, made, uttered,
272 issued, or delivered is in the amount of $500 $150, or its
273 equivalent, or more and the payee or a subsequent holder thereof
274 receives something of value therefor. In that event, the
275 violation constitutes a felony of the third degree, punishable
276 as provided in s. 775.082, s. 775.083, or s. 775.084.
277 (4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS
278 CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
279 (c) A violation of the provisions of this subsection, if
280 the check, draft, other written order, or debit card order is
281 for an amount less than $500 $150 or its equivalent, constitutes
282 a misdemeanor of the first degree, punishable as provided in s.
283 775.082 or s. 775.083. A violation of the provisions of this
284 subsection, if the check, draft, other written order, or debit
285 card order is in the amount of $500 $150, or its equivalent, or
286 more, constitutes a felony of the third degree, punishable as
287 provided in s. 775.082, s. 775.083, or s. 775.084.
288 Section 8. Subsection (2) of section 832.062, Florida
289 Statutes, is amended, and subsection (1) of that section is
290 republished, to read:
291 832.062 Prosecution for worthless checks, drafts, debit
292 card orders, or electronic funds transfers made to pay any tax
293 or associated amount administered by the Department of Revenue.—
294 (1) It is unlawful for any person, firm, or corporation to
295 draw, make, utter, issue, or deliver to the Department of
296 Revenue any check, draft, or other written order on any bank or
297 depository, to use a debit card, to make, send, instruct, order,
298 or initiate any electronic funds transfer, or to cause or direct
299 the making, sending, instructing, ordering, or initiating of any
300 electronic funds transfer, for the payment of any taxes,
301 penalties, interest, fees, or associated amounts administered by
302 the Department of Revenue, knowing at the time of the drawing,
303 making, uttering, issuing, or delivering such check, draft, or
304 other written order, at the time of using such debit card, at
305 the time of making, sending, instructing, ordering, or
306 initiating any electronic funds transfer, or at the time of
307 causing or directing the making, sending, instructing, ordering,
308 initiating, or executing of any electronic funds transfer, that
309 the maker, drawer, sender, or receiver thereof has not
310 sufficient funds on deposit in or credit with such bank or
311 depository with which to pay the same on presentation. This
312 section does not apply to any check or electronic funds transfer
313 when the Department of Revenue knows or has been expressly
314 notified prior to the drawing or uttering of the check or the
315 sending or initiating of the electronic funds transfer, or has
316 reason to believe, that the drawer, sender, or receiver did not
317 have on deposit or to the drawer’s, sender’s, or receiver’s
318 credit with the drawee or receiving bank or depository
319 sufficient funds to ensure payment as aforesaid, and this
320 section does not apply to any postdated check.
321 (2) A violation of this section constitutes a misdemeanor
322 of the second degree, punishable as provided in s. 775.082 or s.
323 775.083, unless the check, draft, debit card order, or other
324 written order drawn, made, uttered, issued, or delivered, or
325 electronic funds transfer made, sent, instructed, ordered, or
326 initiated, or caused or directed to be made, sent, instructed,
327 ordered, or initiated is in the amount of $500 $150 or more. In
328 that event, the violation constitutes a felony of the third
329 degree, punishable as provided in s. 775.082, s. 775.083, or s.
330 775.084.
331 Section 9. Paragraphs (a), (b), (d), and (e) of subsection
332 (3) of section 921.0022, Florida Statutes, are amended to read:
333 921.0022 Criminal Punishment Code; offense severity ranking
334 chart.—
335 (3) OFFENSE SEVERITY RANKING CHART
336 (a) LEVEL 1
337
338
339 FloridaStatute FelonyDegree Description
340 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
341 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
342 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $1,000 $300 but less than $20,000.
343 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
344 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
345 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
346 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
347 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
348 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
349 322.212(5)(a) 3rd False application for driver license or identification card.
350 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
351 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
352 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
353 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
354 562.27(1) 3rd Possess still or still apparatus.
355 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
356 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
357 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
358 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
359 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
360 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
361 826.01 3rd Bigamy.
362 828.122(3) 3rd Fighting or baiting animals.
363 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
364 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
365 832.041(1) 3rd Stopping payment with intent to defraud $500 $150 or more.
366 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $500 $150 or more or obtaining property in return for worthless check $500 $150 or more.
367 838.15(2) 3rd Commercial bribe receiving.
368 838.16 3rd Commercial bribery.
369 843.18 3rd Fleeing by boat to elude a law enforcement officer.
370 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
371 849.01 3rd Keeping gambling house.
372 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
373 849.23 3rd Gambling-related machines; “common offender” as to property rights.
374 849.25(2) 3rd Engaging in bookmaking.
375 860.08 3rd Interfere with a railroad signal.
376 860.13(1)(a) 3rd Operate aircraft while under the influence.
377 893.13(2)(a)2. 3rd Purchase of cannabis.
378 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
379 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
380 (b) LEVEL 2
381
382
383 FloridaStatute FelonyDegree Description
384 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
385 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
386 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
387 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
388 590.28(1) 3rd Intentional burning of lands.
389 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
390 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
391 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
392 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
393 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
394 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
395 812.014(2)(d) 3rd Grand theft, 3rd degree; $300 $100 or more but less than $1,000 $300, taken from unenclosed curtilage of dwelling.
396 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
397 817.234(1)(a)2. 3rd False statement in support of insurance claim.
398 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
399 817.52(3) 3rd Failure to redeliver hired vehicle.
400 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
401 817.60(5) 3rd Dealing in credit cards of another.
402 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
403 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
404 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
405 831.01 3rd Forgery.
406 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
407 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
408 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
409 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
410 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
411 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
412 843.08 3rd False personation.
413 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
414 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
415 (d) LEVEL 4
416
417
418 FloridaStatute FelonyDegree Description
419 316.1935(3)(a) 2nd 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.
420 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
421 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
422 517.07(1) 3rd Failure to register securities.
423 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
424 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
425 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
426 784.075 3rd Battery on detention or commitment facility staff.
427 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
428 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
429 784.081(3) 3rd Battery on specified official or employee.
430 784.082(3) 3rd Battery by detained person on visitor or other detainee.
431 784.083(3) 3rd Battery on code inspector.
432 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
433 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
434 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
435 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
436 787.07 3rd Human smuggling.
437 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
438 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
439 790.115(2)(c) 3rd Possessing firearm on school property.
440 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
441 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
442 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
443 810.06 3rd Burglary; possession of tools.
444 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
445 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
446 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
447 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $500 $300 or more.
448 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
449 817.568(2)(a) 3rd Fraudulent use of personal identification information.
450 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
451 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
452 837.02(1) 3rd Perjury in official proceedings.
453 837.021(1) 3rd Make contradictory statements in official proceedings.
454 838.022 3rd Official misconduct.
455 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
456 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
457 843.021 3rd Possession of a concealed handcuff key by a person in custody.
458 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
459 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
460 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
461 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
462 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
463 914.14(2) 3rd Witnesses accepting bribes.
464 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
465 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
466 918.12 3rd Tampering with jurors.
467 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
468 (e) LEVEL 5
469
470
471 FloridaStatute FelonyDegree Description
472 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
473 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
474 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
475 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
476 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
477 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
478 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
479 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
480 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
481 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
482 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
483 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
484 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
485 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
486 790.01(2) 3rd Carrying a concealed firearm.
487 790.162 2nd Threat to throw or discharge destructive device.
488 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
489 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
490 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
491 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
492 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
493 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
494 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
495 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
496 812.015(8) 3rd Retail theft; property stolen is valued at $500 $300 or more and one or more specified acts.
497 812.019(1) 2nd Stolen property; dealing in or trafficking in.
498 812.131(2)(b) 3rd Robbery by sudden snatching.
499 812.16(2) 3rd Owning, operating, or conducting a chop shop.
500 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
501 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
502 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
503 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
504 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
505 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
506 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
507 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
508 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
509 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
510 843.01 3rd Resist officer with violence to person; resist arrest with violence.
511 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
512 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
513 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
514 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
515 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
516 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
517 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
518 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
519 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
520 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
521 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
522 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
523 Section 10. For the purpose of incorporating the amendment
524 made by this act to section 812.014, Florida Statutes, in a
525 reference thereto, section 634.319, Florida Statutes, is
526 reenacted to read:
527 634.319 Reporting and accounting for funds.—
528 (1) All funds belonging to insurers, home warranty
529 associations, or others received by a sales representative in
530 transactions under her or his license and appointment are trust
531 funds so received by the sales representative in a fiduciary
532 capacity; and the sales representative, in the applicable
533 regular course of business, shall account for and pay such funds
534 to the insurer, association, warranty holder, or other person
535 entitled thereto.
536 (2) Any sales representative who, not being entitled
537 thereto, diverts or appropriates such funds or any portion
538 thereof to her or his own use is, upon conviction, guilty of
539 theft, punishable as provided in s. 812.014.
540 Section 11. For the purpose of incorporating the amendment
541 made by this act to section 812.014, Florida Statutes, in a
542 reference thereto, section 634.421, Florida Statutes, is
543 reenacted to read:
544 634.421 Reporting and accounting for funds.—
545 (1) All funds belonging to insurers, service warranty
546 associations, or others received by a sales representative in
547 transactions under her or his license or appointment are trust
548 funds so received by the sales representative or agent in a
549 fiduciary capacity; and the sales representative or agent, in
550 the applicable regular course of business, shall account for and
551 pay such funds to the insurer, association, warranty holder, or
552 other person entitled thereto.
553 (2) Any sales representative who, not being entitled
554 thereto, diverts or appropriates funds or any portion thereof to
555 her or his own use commits theft as provided in s. 812.014.
556 Section 12. For the purpose of incorporating the amendment
557 made by this act to section 812.014, Florida Statutes, in a
558 reference thereto, subsection (3) of section 636.238, Florida
559 Statutes, is reenacted to read:
560 636.238 Penalties for violation of this part.—
561 (3) A person who collects fees for purported membership in
562 a discount medical plan but purposefully fails to provide the
563 promised benefits commits a theft, punishable as provided in s.
564 812.014.
565 Section 13. For the purpose of incorporating the amendment
566 made by this act to section 812.014, Florida Statutes, in a
567 reference thereto, subsection (2) of section 642.038, Florida
568 Statutes, is reenacted to read:
569 642.038 Reporting and accounting for funds.—
570 (2) Any sales representative who, not being entitled
571 thereto, diverts or appropriates such funds or any portion
572 thereof to his or her own use commits theft as provided in s.
573 812.014.
574 Section 14. For the purpose of incorporating the amendment
575 made by this act to section 812.014, Florida Statutes, in a
576 reference thereto, subsection (4) of section 705.102, Florida
577 Statutes, is reenacted to read:
578 705.102 Reporting lost or abandoned property.—
579 (4) Any person who unlawfully appropriates such lost or
580 abandoned property to his or her own use or refuses to deliver
581 such property when required commits theft as defined in s.
582 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
583 775.084.
584 Section 15. For the purpose of incorporating the amendment
585 made by this act to section 812.014, Florida Statutes, in a
586 reference thereto, subsection (1) of section 812.0155, Florida
587 Statutes, is reenacted to read:
588 812.0155 Suspension of driver license following an
589 adjudication of guilt for theft.—
590 (1) Except as provided in subsections (2) and (3), the
591 court may order the suspension of the driver license of each
592 person adjudicated guilty of any misdemeanor violation of s.
593 812.014 or s. 812.015, regardless of the value of the property
594 stolen. Upon ordering the suspension of the driver license of
595 the person adjudicated guilty, the court shall forward the
596 driver license of the person adjudicated guilty to the
597 Department of Highway Safety and Motor Vehicles in accordance
598 with s. 322.25.
599 (a) The first suspension of a driver license under this
600 subsection shall be for a period of up to 6 months.
601 (b) A second or subsequent suspension of a driver license
602 under this subsection shall be for 1 year.
603 Section 16. For the purpose of incorporating the amendment
604 made by this act to section 812.014, Florida Statutes, in a
605 reference thereto, paragraph (b) of subsection (1) of section
606 985.11, Florida Statutes, is reenacted to read:
607 985.11 Fingerprinting and photographing.—
608 (1)
609 (b) Unless the child is issued a civil citation or is
610 participating in a similar diversion program pursuant to s.
611 985.12, a child who is charged with or found to have committed
612 one of the following offenses shall be fingerprinted, and the
613 fingerprints shall be submitted to the Department of Law
614 Enforcement as provided in s. 943.051(3)(b):
615 1. Assault, as defined in s. 784.011.
616 2. Battery, as defined in s. 784.03.
617 3. Carrying a concealed weapon, as defined in s. 790.01(1).
618 4. Unlawful use of destructive devices or bombs, as defined
619 in s. 790.1615(1).
620 5. Neglect of a child, as defined in s. 827.03(1)(e).
621 6. Assault on a law enforcement officer, a firefighter, or
622 other specified officers, as defined in s. 784.07(2)(a).
623 7. Open carrying of a weapon, as defined in s. 790.053.
624 8. Exposure of sexual organs, as defined in s. 800.03.
625 9. Unlawful possession of a firearm, as defined in s.
626 790.22(5).
627 10. Petit theft, as defined in s. 812.014.
628 11. Cruelty to animals, as defined in s. 828.12(1).
629 12. Arson, resulting in bodily harm to a firefighter, as
630 defined in s. 806.031(1).
631 13. Unlawful possession or discharge of a weapon or firearm
632 at a school-sponsored event or on school property as defined in
633 s. 790.115.
634
635 A law enforcement agency may fingerprint and photograph a child
636 taken into custody upon probable cause that such child has
637 committed any other violation of law, as the agency deems
638 appropriate. Such fingerprint records and photographs shall be
639 retained by the law enforcement agency in a separate file, and
640 these records and all copies thereof must be marked “Juvenile
641 Confidential.” These records are not available for public
642 disclosure and inspection under s. 119.07(1) except as provided
643 in ss. 943.053 and 985.04(2), but shall be available to other
644 law enforcement agencies, criminal justice agencies, state
645 attorneys, the courts, the child, the parents or legal
646 custodians of the child, their attorneys, and any other person
647 authorized by the court to have access to such records. In
648 addition, such records may be submitted to the Department of Law
649 Enforcement for inclusion in the state criminal history records
650 and used by criminal justice agencies for criminal justice
651 purposes. These records may, in the discretion of the court, be
652 open to inspection by anyone upon a showing of cause. The
653 fingerprint and photograph records shall be produced in the
654 court whenever directed by the court. Any photograph taken
655 pursuant to this section may be shown by a law enforcement
656 officer to any victim or witness of a crime for the purpose of
657 identifying the person who committed such crime.
658 Section 17. For the purpose of incorporating the amendment
659 made by this act to section 812.014, Florida Statutes, in a
660 reference thereto, paragraph (a) of subsection (1) of section
661 985.557, Florida Statutes, is reenacted to read:
662 985.557 Direct filing of an information; discretionary and
663 mandatory criteria.—
664 (1) DISCRETIONARY DIRECT FILE.—
665 (a) With respect to any child who was 14 or 15 years of age
666 at the time the alleged offense was committed, the state
667 attorney may file an information when in the state attorney’s
668 judgment and discretion the public interest requires that adult
669 sanctions be considered or imposed and when the offense charged
670 is for the commission of, attempt to commit, or conspiracy to
671 commit:
672 1. Arson;
673 2. Sexual battery;
674 3. Robbery;
675 4. Kidnapping;
676 5. Aggravated child abuse;
677 6. Aggravated assault;
678 7. Aggravated stalking;
679 8. Murder;
680 9. Manslaughter;
681 10. Unlawful throwing, placing, or discharging of a
682 destructive device or bomb;
683 11. Armed burglary in violation of s. 810.02(2)(b) or
684 specified burglary of a dwelling or structure in violation of s.
685 810.02(2)(c), or burglary with an assault or battery in
686 violation of s. 810.02(2)(a);
687 12. Aggravated battery;
688 13. Any lewd or lascivious offense committed upon or in the
689 presence of a person less than 16 years of age;
690 14. Carrying, displaying, using, threatening, or attempting
691 to use a weapon or firearm during the commission of a felony;
692 15. Grand theft in violation of s. 812.014(2)(a);
693 16. Possessing or discharging any weapon or firearm on
694 school property in violation of s. 790.115;
695 17. Home invasion robbery;
696 18. Carjacking; or
697 19. Grand theft of a motor vehicle in violation of s.
698 812.014(2)(c)6. or grand theft of a motor vehicle valued at
699 $20,000 or more in violation of s. 812.014(2)(b) if the child
700 has a previous adjudication for grand theft of a motor vehicle
701 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
702 Section 18. This act shall take effect July 1, 2017.