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CS/HB 549 — Theft
by Criminal Justice Subcommittee and Rep. Rommel and others (CS/SB 1222 by Criminal Justice Committee and Senators Trumbull and Perry)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Criminal Justice Committee (CJ)
The bill amends s. 812.04, F.S., to lower the threshold value for third degree felony theft from a dwelling or unenclosed curtilage of a dwelling from $100 or more, but less than $750, to $40 or more, but less than $750. This crime retains a level 2 ranking in the offense severity ranking chart.
The bill creates new crimes relating to taking property from a person’s home or porch. Specifically, if the property is taken from a dwelling or from the unenclosed curtilage of a dwelling, it is a:
- Third degree felony, if the property stolen is valued at $750 or more. This crime is ranked as a level 4 in the offense severity ranking chart.
- Second degree felony, if the property stolen is taken from more than 20 dwellings or from the unenclosed curtilage of more than 20 dwellings, or any combination thereof. This crime is ranked as a level 5 in the offense severity ranking chart.
- First degree misdemeanor, if the property stolen is valued at less than $40.
- A person who commits the above misdemeanor offense and who has previously been convicted of any theft commits a third degree felony. This crime is ranked as a level 2 in the offense severity ranking chart.
- A person who commits the above misdemeanor offense and has previously been convicted two or more times of any theft commits a third degree felony. This crime is ranked as a level 4 in the offense severity ranking chart.
The bill amends s. 812.015, F.S., to provide that it is a third degree felony for a person to commit retail theft if the person acts in concert with five or more other persons within one or more establishments for the purpose of overwhelming the response of a merchant, merchant’s employee, or law enforcement officer in order to carry out the offense or avoid detection or apprehension for the offense. This crime is listed as a level 5 in the offense severity ranking chart.
Commission of the offense described above is a second degree felony if the person solicits the participation of another person in the offense through the use of a social media platform. This crime is listed as a level 6 in the offense severity ranking chart.
The bill provides it is a first degree felony, if a person commits retail theft under s. 812.015(8) or (9), F.S., and:
- Has two or more previous convictions of violations of either or both of those subsections; or
- Possesses a firearm during the commission of such offense. This crime is listed as a level 8 in the offense severity ranking chart.
Additionally, the bill increases the time-period in which the number of retail thefts, specified value of property stolen, or specified number of items stolen, is aggregated. This time-period is increased from 30 days to 120 days.
Additionally, the bill lowers the number of retail thefts from five to three in the 120 day period, to constitute a third degree felony of retail theft.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect October 1, 2024.
Vote: Senate 36-3; House 83-27