House Bill hb1049
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Florida House of Representatives - 2001 HB 1049
By Representative Betancourt
1 A bill to be entitled
2 An act relating to cargo theft; amending s.
3 550.6305, F.S., to conform; amending s.
4 812.012, F.S.; providing additional
5 definitions; amending s. 812.014, F.S.;
6 specifying felony penalties for theft of
7 certain cargo; providing for minimum mandatory
8 sentences for cargo theft under certain
9 circumstances; amending s. 921.0022, F.S.;
10 revising the offense severity ranking chart to
11 conform; reenacting s. 538.23, F.S., to
12 conform; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (10) of section 550.6305,
17 Florida Statutes, is amended to read:
18 550.6305 Intertrack wagering; guest track payments;
19 accounting rules.--
20 (10) All races or games conducted at a permitholder's
21 facility, all broadcasts of such races or games, and all
22 broadcast rights relating thereto are owned by the
23 permitholder at whose facility such races or games are
24 conducted and constitute the permitholder's property as
25 defined in s. 812.012(3). Transmission, reception of a
26 transmission, exhibition, use, or other appropriation of such
27 races or games, broadcasts of such races or games, or
28 broadcast rights relating thereto without the written consent
29 of the permitholder constitutes a theft of such property under
30 s. 812.014; and in addition to the penal sanctions contained
31 in s. 812.014, the permitholder has the right to avail itself
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1 of the civil remedies specified in ss. 772.104, 772.11, and
2 812.035 in addition to any other remedies available under
3 applicable state or federal law.
4 Section 2. Section 812.012, Florida Statutes, is
5 amended to read:
6 812.012 Definitions.--As used in ss. 812.012-812.037:
7 (1) "Cargo" means partial or entire shipments,
8 containers, or cartons of property which are contained in or
9 on a trailer, motortruck, aircraft, vessel, warehouse, freight
10 station, freight consolidation facility, or air navigation
11 facility.
12 (2)(1) "Dealer in property" means any person in the
13 business of buying and selling property.
14 (3)(8) "Enterprise" means any individual, sole
15 proprietorship, partnership, corporation, business trust,
16 union chartered under the laws of this state, or other legal
17 entity, or any unchartered union, association, or group of
18 individuals associated in fact although not a legal entity.
19 (4)(2) "Obtains or uses" means any manner of:
20 (a) Taking or exercising control over property.
21 (b) Making any unauthorized use, disposition, or
22 transfer of property.
23 (c) Obtaining property by fraud, willful
24 misrepresentation of a future act, or false promise.
25 (d)1. Conduct previously known as stealing; larceny;
26 purloining; abstracting; embezzlement; misapplication;
27 misappropriation; conversion; or obtaining money or property
28 by false pretenses, fraud, or deception; or
29 2. Other conduct similar in nature.
30 (5)(3) "Property" means anything of value, and
31 includes:
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1 (a) Real property, including things growing on,
2 affixed to, and found in land.
3 (b) Tangible or intangible personal property,
4 including rights, privileges, interests, and claims.
5 (c) Services.
6 (6)(4) "Property of another" means property in which a
7 person has an interest upon which another person is not
8 privileged to infringe without consent, whether or not the
9 other person also has an interest in the property.
10 (7)(5) "Services" means anything of value resulting
11 from a person's physical or mental labor or skill, or from the
12 use, possession, or presence of property, and includes:
13 (a) Repairs or improvements to property.
14 (b) Professional services.
15 (c) Private, public, or government communication,
16 transportation, power, water, or sanitation services.
17 (d) Lodging accommodations.
18 (e) Admissions to places of exhibition or
19 entertainment.
20 (8)(6) "Stolen property" means property that has been
21 the subject of any criminally wrongful taking.
22 (9)(7) "Traffic" means:
23 (a) To sell, transfer, distribute, dispense, or
24 otherwise dispose of property.
25 (b) To buy, receive, possess, obtain control of, or
26 use property with the intent to sell, transfer, distribute,
27 dispense, or otherwise dispose of such property.
28 (10)(9) "Value" means value determined according to
29 any of the following:
30 (a)1. Value means the market value of the property at
31 the time and place of the offense or, if such cannot be
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1 satisfactorily ascertained, the cost of replacement of the
2 property within a reasonable time after the offense.
3 2. The value of a written instrument that does not
4 have a readily ascertainable market value, in the case of an
5 instrument such as a check, draft, or promissory note, is the
6 amount due or collectible or is, in the case of any other
7 instrument which creates, releases, discharges, or otherwise
8 affects any valuable legal right, privilege, or obligation,
9 the greatest amount of economic loss that the owner of the
10 instrument might reasonably suffer by virtue of the loss of
11 the instrument.
12 3. The value of a trade secret that does not have a
13 readily ascertainable market value is any reasonable value
14 representing the damage to the owner, suffered by reason of
15 losing an advantage over those who do not know of or use the
16 trade secret.
17 (b) If the value of property cannot be ascertained,
18 the trier of fact may find the value to be not less than a
19 certain amount; if no such minimum value can be ascertained,
20 the value is an amount less than $100.
21 (c) Amounts of value of separate properties involved
22 in thefts committed pursuant to one scheme or course of
23 conduct, whether the thefts are from the same person or from
24 several persons, may be aggregated in determining the grade of
25 the offense.
26 Section 3. Paragraphs (a) and (b) of subsection (2) of
27 section 812.014, Florida Statutes, are amended, and paragraph
28 (f) is added to said subsection, to read:
29 812.014 Theft.--
30 (2)(a)1. If the property stolen is valued at $100,000
31 or more or is cargo valued at $50,000 or more that has entered
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1 the stream of interstate or intrastate commerce from the
2 shipper's loading platform to the consignee's receiving dock;
3 or
4 2. If the offender commits any grand theft and:
5 a. In the course of committing the offense the
6 offender uses a motor vehicle as an instrumentality, other
7 than merely as a getaway vehicle, to assist in committing the
8 offense and thereby damages the real property of another; or
9 b. In the course of committing the offense the
10 offender causes damage to the real or personal property of
11 another in excess of $1,000,
12
13 the offender commits grand theft in the first degree,
14 punishable as a felony of the first degree, as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 (b) If the property stolen is valued at $20,000 or
17 more, but less than $100,000, or is cargo valued at less than
18 $50,000 that has entered the stream of interstate or
19 intrastate commerce from the shipper's loading platform to the
20 consignee's receiving dock, the offender commits grand theft
21 in the second degree, punishable as a felony of the second
22 degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
23 (f) Upon a second or subsequent conviction for
24 stealing cargo pursuant to subparagraph (a)1. or paragraph
25 (b), the offender shall be sentenced to a minimum mandatory
26 term of no less than 3 years' imprisonment.
27 Section 4. Paragraphs (f) and (g) of subsection (3) of
28 section 921.0022, Florida Statutes, are amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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1
2 Florida Felony
3 Statute Degree Description
4
5
6 (f) LEVEL 6
7 316.027(1)(b) 2nd Accident involving death, failure
8 to stop; leaving scene.
9 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
10 conviction.
11 775.0875(1) 3rd Taking firearm from law
12 enforcement officer.
13 775.21(10) 3rd Sexual predators; failure to
14 register; failure to renew
15 driver's license or
16 identification card.
17 784.021(1)(a) 3rd Aggravated assault; deadly weapon
18 without intent to kill.
19 784.021(1)(b) 3rd Aggravated assault; intent to
20 commit felony.
21 784.041 3rd Felony battery.
22 784.048(3) 3rd Aggravated stalking; credible
23 threat.
24 784.048(5) 3rd Aggravated stalking of person
25 under 16.
26 784.07(2)(c) 2nd Aggravated assault on law
27 enforcement officer.
28 784.08(2)(b) 2nd Aggravated assault on a person 65
29 years of age or older.
30 784.081(2) 2nd Aggravated assault on specified
31 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive
16 or act of arson or violence to
17 state property.
18 790.19 2nd Shooting or throwing deadly
19 missiles into dwellings, vessels,
20 or vehicles.
21 794.011(8)(a) 3rd Solicitation of minor to
22 participate in sexual activity by
23 custodial adult.
24 794.05(1) 2nd Unlawful sexual activity with
25 specified minor.
26 800.04(5)(d) 3rd Lewd or lascivious molestation;
27 victim 12 years of age or older
28 but less than 16 years; offender
29 less than 18 years.
30
31
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1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b) 2nd Property stolen $20,000 or more,
10 but less than $100,000, or stolen
11 cargo valued at less than
12 $50,000, grand theft in 2nd
13 degree.
14 812.13(2)(c) 2nd Robbery, no firearm or other
15 weapon (strong-arm robbery).
16 817.034(4)(a)1. 1st Communications fraud, value
17 greater than $50,000.
18 817.4821(5) 2nd Possess cloning paraphernalia
19 with intent to create cloned
20 cellular telephones.
21 825.102(1) 3rd Abuse of an elderly person or
22 disabled adult.
23 825.102(3)(c) 3rd Neglect of an elderly person or
24 disabled adult.
25 825.1025(3) 3rd Lewd or lascivious molestation of
26 an elderly person or disabled
27 adult.
28 825.103(2)(c) 3rd Exploiting an elderly person or
29 disabled adult and property is
30 valued at less than $20,000.
31 827.03(1) 3rd Abuse of a child.
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1 827.03(3)(c) 3rd Neglect of a child.
2 827.071(2)&(3) 2nd Use or induce a child in a sexual
3 performance, or promote or direct
4 such performance.
5 836.05 2nd Threats; extortion.
6 836.10 2nd Written threats to kill or do
7 bodily injury.
8 843.12 3rd Aids or assists person to escape.
9 847.0135(3) 3rd Solicitation of a child, via a
10 computer service, to commit an
11 unlawful sex act.
12 914.23 2nd Retaliation against a witness,
13 victim, or informant, with bodily
14 injury.
15 943.0435(9) 3rd Sex offenders; failure to comply
16 with reporting requirements.
17 944.35(3)(a)2. 3rd Committing malicious battery upon
18 or inflicting cruel or inhuman
19 treatment on an inmate or
20 offender on community
21 supervision, resulting in great
22 bodily harm.
23 944.40 2nd Escapes.
24 944.46 3rd Harboring, concealing, aiding
25 escaped prisoners.
26 944.47(1)(a)5. 2nd Introduction of contraband
27 (firearm, weapon, or explosive)
28 into correctional facility.
29 951.22(1) 3rd Intoxicating drug, firearm, or
30 weapon introduced into county
31 facility.
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1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 456.065(2) 3rd Practicing a health care
13 profession without a license.
14 456.065(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
29
30
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.07(2)(d) 1st Aggravated battery on law
31 enforcement officer.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.166(3) 2nd Possessing, selling, using, or
16 attempting to use a hoax weapon
17 of mass destruction.
18 796.03 2nd Procuring any person under 16
19 years for prostitution.
20 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
21 victim less than 12 years of age;
22 offender less than 18 years.
23 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
24 victim 12 years of age or older
25 but less than 16 years; offender
26 18 years or older.
27 806.01(2) 2nd Maliciously damage structure by
28 fire or explosive.
29 810.02(3)(a) 2nd Burglary of occupied dwelling;
30 unarmed; no assault or battery.
31
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1 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(d) 2nd Burglary of occupied conveyance;
4 unarmed; no assault or battery.
5 812.014(2)(a) 1st Property stolen, valued at
6 $100,000 or more or cargo stolen,
7 valued at $50,000 or more;
8 property stolen while causing
9 other property damage; 1st degree
10 grand theft.
11 812.019(2) 1st Stolen property; initiates,
12 organizes, plans, etc., the theft
13 of property and traffics in
14 stolen property.
15 812.131(2)(a) 2nd Robbery by sudden snatching.
16 812.133(2)(b) 1st Carjacking; no firearm, deadly
17 weapon, or other weapon.
18 825.102(3)(b) 2nd Neglecting an elderly person or
19 disabled adult causing great
20 bodily harm, disability, or
21 disfigurement.
22 825.1025(2) 2nd Lewd or lascivious battery upon
23 an elderly person or disabled
24 adult.
25 825.103(2)(b) 2nd Exploiting an elderly person or
26 disabled adult and property is
27 valued at $20,000 or more, but
28 less than $100,000.
29 827.03(3)(b) 2nd Neglect of a child causing great
30 bodily harm, disability, or
31 disfigurement.
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1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 872.06 2nd Abuse of a dead human body.
8 893.13(1)(c)1. 1st Sell, manufacture, or deliver
9 cocaine (or other drug prohibited
10 under s. 893.03(1)(a), (1)(b),
11 (1)(d), (2)(a), (2)(b), or
12 (2)(c)4.) within 1,000 feet of a
13 child care facility or school.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 50 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less then 5
27 kilograms.
28 893.135
29 (1)(j)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 5. For the purposes of incorporating the
10 amendment to s. 812.014, Florida Statutes, in references
11 thereto, the sections or subdivisions of Florida Statutes set
12 forth below are reenacted to read:
13 538.23 Violations and penalties.--
14 (2) A secondary metals recycler is presumed to know
15 upon receipt of stolen regulated metals property in a purchase
16 transaction that the regulated metals property has been stolen
17 from another if the secondary metals recycler knowingly and
18 intentionally fails to maintain the information required in s.
19 538.19 and shall, upon conviction of a violation of s.
20 812.015, be punished as provided in s. 812.014(2) or (3).
21 Section 6. This act shall take effect October 1, 2001.
22
23 *****************************************
24 HOUSE SUMMARY
25
Makes theft of cargo valued at $50,000 or more first
26 degree grand theft, a first degree felony, and theft of
cargo valued at less than $50,000 second degree grand
27 theft, a second degree felony. Specifies a minimum
mandatory imprisonment sentence of 3 years for second or
28 subsequent convictions.
29
30
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