Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì546784PÎ546784                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/14/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (815540) (with title
    2  amendment)
    3  
    4         Delete lines 118 - 398
    5  and insert:
    6         1. Valued at $1,500 $300 or more, but less than $5,000.
    7         2. Valued at $5,000 or more, but less than $10,000.
    8         3. Valued at $10,000 or more, but less than $20,000.
    9         4. A will, codicil, or other testamentary instrument.
   10         5. A firearm.
   11         6. A motor vehicle, except as provided in paragraph (a).
   12         7. Any commercially farmed animal, including any animal of
   13  the equine, avian, bovine, or swine class or other grazing
   14  animal; a bee colony of a registered beekeeper; and aquaculture
   15  species raised at a certified aquaculture facility. If the
   16  property stolen is a commercially farmed animal, including an
   17  animal of the equine, avian, bovine, or swine class or other
   18  grazing animal; a bee colony of a registered beekeeper; or an
   19  aquaculture species raised at a certified aquaculture facility,
   20  a $10,000 fine shall be imposed.
   21         8. Any fire extinguisher.
   22         9. Any amount of citrus fruit consisting of 2,000 or more
   23  individual pieces of fruit.
   24         10. Taken from a designated construction site identified by
   25  the posting of a sign as provided for in s. 810.09(2)(d).
   26         11. Any stop sign.
   27         12. Anhydrous ammonia.
   28         13. Any amount of a controlled substance as defined in s.
   29  893.02. Notwithstanding any other law, separate judgments and
   30  sentences for theft of a controlled substance under this
   31  subparagraph and for any applicable possession of controlled
   32  substance offense under s. 893.13 or trafficking in controlled
   33  substance offense under s. 893.135 may be imposed when all such
   34  offenses involve the same amount or amounts of a controlled
   35  substance.
   36  
   37  However, if the property is stolen within a county that is
   38  subject to a state of emergency declared by the Governor under
   39  chapter 252, the property is stolen after the declaration of
   40  emergency is made, and the perpetration of the theft is
   41  facilitated by conditions arising from the emergency, the
   42  offender commits a felony of the second degree, punishable as
   43  provided in s. 775.082, s. 775.083, or s. 775.084, if the
   44  property is valued at $5,000 or more, but less than $10,000, as
   45  provided under subparagraph 2., or if the property is valued at
   46  $10,000 or more, but less than $20,000, as provided under
   47  subparagraph 3. As used in this paragraph, the term “conditions
   48  arising from the emergency” means civil unrest, power outages,
   49  curfews, voluntary or mandatory evacuations, or a reduction in
   50  the presence of or the response time for first responders or
   51  homeland security personnel. For purposes of sentencing under
   52  chapter 921, a felony offense that is reclassified under this
   53  paragraph is ranked one level above the ranking under s.
   54  921.0022 or s. 921.0023 of the offense committed.
   55         (d) It is grand theft of the third degree and a felony of
   56  the third degree, punishable as provided in s. 775.082, s.
   57  775.083, or s. 775.084, if the property stolen is valued at $100
   58  or more, but less than $1,500 $300, and is taken from a dwelling
   59  as defined in s. 810.011(2) or from the unenclosed curtilage of
   60  a dwelling pursuant to s. 810.09(1).
   61         (e) Except as provided in paragraph (d), if the property
   62  stolen is valued at $100 or more, but less than $1,500 $300, the
   63  offender commits petit theft of the first degree, punishable as
   64  a misdemeanor of the first degree, as provided in s. 775.082 or
   65  s. 775.083.
   66         Section 4. Subsections (8) and (9) of section 812.015,
   67  Florida Statutes, are amended, and subsection (10) is added to
   68  that section, to read:
   69         812.015 Retail and farm theft; transit fare evasion;
   70  mandatory fine; alternative punishment; detention and arrest;
   71  exemption from liability for false arrest; resisting arrest;
   72  penalties.—
   73         (8) Except as provided in subsection (9), a person who
   74  commits retail theft commits a felony of the third degree,
   75  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   76  if the property stolen is valued at $1,500 $300 or more, and the
   77  person:
   78         (a) Individually commits retail theft, or in concert with
   79  one or more other persons, coordinates the activities of one or
   80  more individuals in committing the offense. Multiple acts of
   81  retail theft occurring within a 90-day period by an individual
   82  or in concert with one or more persons must be, in which case
   83  the amount of each individual theft is aggregated to determine
   84  the value of the property stolen;
   85         (b) Conspires with another person to commit retail theft
   86  with the intent to sell the stolen property for monetary or
   87  other gain, and subsequently takes or causes such property to be
   88  placed in the control of another person in exchange for
   89  consideration;
   90         (c)(b)Individually, or in concert with one or more other
   91  persons, commits theft from more than one location within a 90
   92  day 48-hour period, in which case the amount of each individual
   93  theft is aggregated to determine the value of the property
   94  stolen;
   95         (d)(c) Acts in concert with one or more other individuals
   96  within one or more establishments to distract the merchant,
   97  merchant’s employee, or law enforcement officer in order to
   98  carry out the offense, or acts in other ways to coordinate
   99  efforts to carry out the offense; or
  100         (e)(d) Commits the offense through the purchase of
  101  merchandise in a package or box that contains merchandise other
  102  than, or in addition to, the merchandise purported to be
  103  contained in the package or box.
  104         (9) A person commits a felony of the second degree,
  105  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  106  if the person:
  107         (a) Violates subsection (8) and has previously been
  108  convicted of a violation of subsection (8); or
  109         (b) Individually, or in concert with one or more other
  110  persons, coordinates the activities of one or more persons in
  111  committing the offense, in which case the amount of each
  112  individual of retail theft is aggregated; and if where the
  113  stolen property has a value in excess of $3,000 and the theft
  114  occurs within a 90-day period; or
  115         (c) Conspires with another person to commit retail theft
  116  with the intent to sell the stolen property for monetary or
  117  other gain, and subsequently takes or causes such property to be
  118  placed in control of another person in exchange for
  119  consideration, if such property has a value in excess of $3,000,
  120  aggregated over a 90-day period.
  121         (10)If a person commits retail theft in more than one
  122  county, the amount of the theft may be aggregated and each
  123  county where any of the retail theft occurred has concurrent
  124  jurisdiction.
  125         Section 5. Subsection (3) is added to section 812.019,
  126  Florida Statutes, to read:
  127         812.019 Dealing in stolen property.—
  128         (3) Any person who receives, possesses, or purchases any
  129  merchandise or stored-value card obtained from a fraudulent
  130  return with the knowledge that the merchandise or stored-value
  131  card was obtained in violation of s. 812.015 commits a felony of
  132  the third degree, punishable as provided in s. 775.082, s.
  133  775.083, or s. 775.084.
  134         Section 6. Paragraphs (b), (c), and (e) of subsection (3)
  135  of section 921.0022, Florida Statutes, are amended to read:
  136         921.0022 Criminal Punishment Code; offense severity ranking
  137  chart.—
  138         (3) OFFENSE SEVERITY RANKING CHART
  139         (b) LEVEL 2
  140  
  141  FloridaStatute         FelonyDegree            Description         
  142  
  143  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  144  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  145  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.
  146  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  147  590.28(1)                      3rd     Intentional burning of lands.
  148  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  149  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  150  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  151  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  152  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  153  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
  154  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $1,500 $300, taken from unenclosed curtilage of dwelling.
  155  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  156  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  157  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  158  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  159  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  160  817.60(5)                      3rd     Dealing in credit cards of another.
  161  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  162  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  163  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  164  831.01                         3rd     Forgery.                   
  165  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  166  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  167  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  168  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  169  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  170  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  171  843.08                         3rd     False personation.         
  172  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  173  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  174  
  175  
  176  
  177         (c) LEVEL 3
  178  
  179  
  180  FloridaStatute           FelonyDegree         Description          
  181  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  182  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  183  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  184  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  185  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  186  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  187  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  188  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  189  327.35(2)(b)                 3rd     Felony BUI.                   
  190  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  191  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  192  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  193  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  194  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  195  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  196  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  197  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  198  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  199  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  200  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  201  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  202  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  203  697.08                       3rd     Equity skimming.              
  204  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  205  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  206  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  207  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  208  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  209  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  210  812.015(8)(b)                3rd     Retail theft with intent to sell; coordination with others.
  211  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  212  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  213  817.233                      3rd     Burning to defraud insurer.   
  214  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  215  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  216  817.236                      3rd     Filing a false motor vehicle insurance application.
  217  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  218  817.413(2)                   3rd     Sale of used goods as new.    
  219  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  220  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  221  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  222  843.19                       3rd     Injure, disable, or kill police dog or horse.
  223  860.15(3)                    3rd     Overcharging for repairs and parts.
  224  870.01(2)                    3rd     Riot; inciting or encouraging.
  225  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  226  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  227  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  228  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  229  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  230  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  231  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  232  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  233  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  234  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  235  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  236  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  237  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  238  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  239  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  240  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  241  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  242  
  243  
  244  
  245         (e) LEVEL 5
  246  
  247  
  248  FloridaStatute             FelonyDegree        Description        
  249  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  250  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  251  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  252  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  253  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  254  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.
  255  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  256  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  257  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  258  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  259  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  260  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  261  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  262  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  263  790.01(2)                      3rd     Carrying a concealed firearm.
  264  790.162                        2nd     Threat to throw or discharge destructive device.
  265  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  266  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  267  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  268  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  269  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  270  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  271  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  272  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  273  812.015(8)(a), (c),(d), & (e)    3rd     Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
  274  
  275  
  276  
  277  
  278  ================= T I T L E  A M E N D M E N T ================
  279  And the title is amended as follows:
  280         Delete lines 11 - 21
  281  and insert:
  282         theft offenses; amending s. 812.015, F.S.; revising
  283         the circumstances under which an offense of retail
  284         theft constitutes a felony of the second or third
  285         degree; authorizing the aggregation of