House Bill hb1231

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    Florida House of Representatives - 2001                HB 1231

        By Representatives Kravitz, Gardiner, Davis, Gibson,
    Alexander, Arza, Clarke and Kyle





  1                      A bill to be entitled

  2         An act relating to property crimes; amending s.

  3         812.014, F.S.; decreasing the value of stolen

  4         property which constitutes the offense of grand

  5         theft or petit theft; requiring that the

  6         Department of Law Enforcement conduct a

  7         campaign to increase the public's awareness of

  8         such change in the law; amending s. 812.015,

  9         F.S.; defining the term "merchant's employee"

10         to include private security guards; redefining

11         the term "retail theft" to include theft of

12         property and altering or removing a universal

13         product code; redefining the term

14         "antishoplifting or inventory control device"

15         to include film used for security purposes and

16         cash register receipts; redefining the term

17         "antishoplifting or inventory control device

18         countermeasure" to include any item or device

19         used to defeat an antishoplifting or inventory

20         control device; authorizing a merchant or

21         merchant's employee to provide a business

22         address for purposes of any investigation with

23         respect to the offense of retail theft;

24         increasing the penalty for unlawfully

25         possessing antishoplifting or inventory control

26         device countermeasures; providing that it is a

27         second-degree felony to commit certain types of

28         retail theft; creating s. 812.0155, F.S.;

29         requiring that the court order a person's

30         driver's license to be suspended following an

31         adjudication of guilt for certain misdemeanor

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  1         violations involving retail theft; providing

  2         for an increased period of suspension for a

  3         second or subsequent adjudication; authorizing

  4         the court to revoke, suspend, or withhold

  5         issuance of a minor's driver's license as an

  6         alternative to certain other sanctions;

  7         creating s. 812.017, F.S.; providing penalties

  8         for the use of a fraudulently obtained or false

  9         receipt to request a refund or obtain

10         merchandise; creating s. 812.0195, F.S.;

11         providing penalties for dealing in stolen

12         property by use of the Internet; creating s.

13         812.0351, F.S.; requiring that the court

14         consider a person's complete criminal record in

15         sentencing that person for a violation of ss.

16         812.012-812.037, F.S., relating to theft and

17         dealing in stolen property, or for a violation

18         of s. 812.081, F.S., relating to stealing,

19         embezzling, or unlawfully copying a trade

20         secret; amending ss. 831.07, 831.08, 831.09,

21         F.S.; prohibiting forging a check or draft or

22         possessing or passing a forged check or draft;

23         providing penalties; reenacting s. 831.10,

24         F.S., relating to a second conviction of

25         uttering forged bills, to incorporate the

26         amendment to s. 831.09, F.S., in references

27         thereto; amending s. 831.11, F.S.; prohibiting

28         bringing a forged or counterfeit check or draft

29         into the state; providing a penalty; amending

30         s. 831.12, F.S.; providing that connecting

31         together checks or drafts to produce an

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  1         additional check or draft constitutes the

  2         offense of forgery; creating s. 831.28, F.S.;

  3         providing a definition; prohibiting the

  4         counterfeiting of payment instruments with

  5         intent to defraud; prohibiting the possession

  6         of a counterfeit payment instrument; providing

  7         penalties; specifying acts that constitute

  8         prima facie evidence of intent to defraud;

  9         authorizing a law enforcement agency to produce

10         or display a counterfeit payment instrument for

11         training purposes; amending s. 832.05, F.S.,

12         relating to worthless checks, drafts, or debit

13         card orders; providing that prior passing of a

14         worthless check or draft is not notice to the

15         payee of insufficient funds to ensure payment

16         of a subsequent check or draft; providing

17         penalties for the offense of drawing a check,

18         draft, or other order on a nonexistent account

19         or closed account; providing penalties for a

20         third or subsequent violation; creating s.

21         832.11, F.S.; requiring that the court consider

22         a person's complete criminal record in

23         sentencing that person for a violation of ch.

24         832, F.S.; prohibiting the court from

25         sentencing such a person to a pretrial

26         intervention program under certain

27         circumstances; amending s. 921.0022, F.S.,

28         relating to the offense severity ranking chart

29         of the Criminal Punishment Code; conforming

30         provisions to changes made by the act;

31         encouraging local law enforcement agencies to

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  1         establish a task force on retail crime;

  2         providing direction on the composition and

  3         operation of such a task force; providing for

  4         severability; providing effective dates.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Effective July 1, 2002, subsections (1) and

  9  (2) of section 812.014, Florida Statutes, are amended to read:

10         812.014  Theft.--

11         (1)  A person commits theft if he or she knowingly

12  obtains or uses, or endeavors to obtain or to use, the

13  property of another with intent to, either temporarily or

14  permanently:

15         (a)  Deprive the other person of a right to the

16  property or a benefit from the property.

17         (b)  Appropriate the property to his or her own use or

18  to the use of any person not entitled to the use of the

19  property.

20         (2)(a)1.  If the property stolen is valued at $100,000

21  or more; or

22         2.  If the offender commits any grand theft and:

23         a.  In the course of committing the offense the

24  offender uses a motor vehicle as an instrumentality, other

25  than merely as a getaway vehicle, to assist in committing the

26  offense and thereby damages the real property of another; or

27         b.  In the course of committing the offense the

28  offender causes damage to the real or personal property of

29  another in excess of $1,000,

30

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  1  the offender commits grand theft in the first degree,

  2  punishable as a felony of the first degree, as provided in s.

  3  775.082, s. 775.083, or s. 775.084.

  4         (b)  If the property stolen is valued at $20,000 or

  5  more, but less than $100,000, the offender commits grand theft

  6  in the second degree, punishable as a felony of the second

  7  degree, as provided in s. 775.082, s. 775.083, or s. 775.084.

  8         (c)  It is grand theft of the third degree and a felony

  9  of the third degree, punishable as provided in s. 775.082, s.

10  775.083, or s. 775.084, if the property stolen is:

11         1.  Valued at $150 $300 or more, but less than $5,000.

12         2.  Valued at $5,000 or more, but less than $10,000.

13         3.  Valued at $10,000 or more, but less than $20,000.

14         4.  A will, codicil, or other testamentary instrument.

15         5.  A firearm.

16         6.  A motor vehicle, except as provided in paragraph

17  (2)(a).

18         7.  Any commercially farmed animal, including any

19  animal of the equine, bovine, or swine class, or other grazing

20  animal, and including aquaculture species raised at a

21  certified aquaculture facility.  If the property stolen is

22  aquaculture species raised at a certified aquaculture

23  facility, then a $10,000 fine shall be imposed.

24         8.  Any fire extinguisher.

25         9.  Any amount of citrus fruit consisting of 2,000 or

26  more individual pieces of fruit.

27         10.  Taken from a designated construction site

28  identified by the posting of a sign as provided for in s.

29  810.09(2)(d).

30         11.  Any stop sign.

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  1         (d)  It is grand theft of the third degree and a felony

  2  of the third degree, punishable as provided in s. 775.082, s.

  3  775.083, or s. 775.084, if the property stolen is valued at

  4  $100 or more, but less than $300, and is taken from a dwelling

  5  as defined in s. 810.011(2) or from the unenclosed curtilage

  6  of a dwelling pursuant to s. 810.09(1).

  7         (e)  Except as provided in paragraph (d), if the

  8  property stolen is valued at $100 or more, but less than $150

  9  $300, the offender commits petit theft of the first degree,

10  punishable as a misdemeanor of the first degree, as provided

11  in s. 775.082 or s. 775.083.

12         Section 2.  The Department of Law Enforcement, in

13  cooperation with local law enforcement agencies, retail trade

14  groups, and other interested parties, shall prepare and

15  distribute to media organizations throughout the state a media

16  campaign that consists of public-service announcements and

17  other materials to increase public awareness of the provisions

18  of this act which lower the dollar threshold for felony theft.

19  The department may use any available funds for the media

20  campaign, including funds contributed for such purpose by any

21  public or private entity.

22         Section 3.  Section 812.015, Florida Statutes, is

23  amended to read:

24         812.015  Retail and farm theft; transit fare evasion;

25  mandatory fine; alternative punishment; detention and arrest;

26  exemption from liability for false arrest; resisting arrest;

27  penalties.--

28         (1)  As used in this section:

29         (a)  "Merchandise" means any personal property, capable

30  of manual delivery, displayed, held, or offered for retail

31  sale by a merchant.

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  1         (b)  "Merchant" means an owner or operator, or the

  2  agent, consignee, employee, lessee, or officer of an owner or

  3  operator, of any premises or apparatus used for retail

  4  purchase or sale of any merchandise. The term "merchant's

  5  employee" includes a private security guard employed or

  6  contracted by one or more merchants or by a shopping center,

  7  shopping mall, or other business establishment.

  8         (c)  "Value of merchandise" means the sale price of the

  9  merchandise at the time it was stolen or otherwise removed,

10  depriving the owner of her or his lawful right to ownership

11  and sale of said item.

12         (d)  "Retail theft" means the taking possession of or

13  carrying away of merchandise, property, money, or negotiable

14  documents; altering or removing a label, universal product

15  code, or price tag; transferring merchandise from one

16  container to another; or removing a shopping cart, with intent

17  to deprive the merchant of possession, use, benefit, or full

18  retail value.

19         (e)  "Farm produce" means livestock or any item grown,

20  produced, or manufactured by a person owning, renting, or

21  leasing land for the purpose of growing, producing, or

22  manufacturing items for sale or personal use, either part time

23  or full time.

24         (f)  "Farmer" means a person who is engaging in the

25  growing or producing of farm produce, milk products, eggs, or

26  meat, either part time or full time, for personal consumption

27  or for sale and who is the owner or lessee of the land or a

28  person designated in writing by the owner or lessee to act as

29  her or his agent. No person defined as a farm labor contractor

30  pursuant to s. 450.28 shall be designated to act as an agent

31  for purposes of this section.

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  1         (g)  "Farm theft" means the unlawful taking possession

  2  of any items that are grown or produced on land owned, rented,

  3  or leased by another person.

  4         (h)  "Antishoplifting or inventory control device"

  5  means a mechanism or other device designed and operated for

  6  the purpose of detecting the removal from a mercantile

  7  establishment or similar enclosure, or from a protected area

  8  within such an enclosure, of specially marked or tagged

  9  merchandise. The term includes any video recording or other

10  film used for security purposes and the cash register tape or

11  other record made of the register receipt.

12         (i)  "Antishoplifting or inventory control device

13  countermeasure" means any item or device which is used,

14  designed, manufactured, modified, or altered to defeat any

15  antishoplifting or inventory control device.

16         (j)  "Transit fare evasion" means the unlawful refusal

17  to pay the appropriate fare for transportation upon a mass

18  transit vehicle, or to evade the payment of such fare, or to

19  enter any mass transit vehicle or facility by any door,

20  passageway, or gate, except as provided for the entry of

21  fare-paying passengers, and shall constitute petit theft as

22  proscribed by this chapter.

23         (k)  "Mass transit vehicle" means buses, rail cars, or

24  fixed-guideway mover systems operated by, or under contract

25  to, state agencies, political subdivisions of the state, or

26  municipalities for the transportation of fare-paying

27  passengers.

28         (l)  "Transit agency" means any state agency, political

29  subdivision of the state, or municipality which operates mass

30  transit vehicles.

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  1         (m)  "Trespass" means the violation as described in s.

  2  810.08.

  3         (2)  Upon a second or subsequent conviction for petit

  4  theft from a merchant, farmer, or transit agency, the offender

  5  shall be punished as provided in s. 812.014(3), except that

  6  the court shall impose a fine of not less than $50 or more

  7  than $1,000.  However, in lieu of such fine, the court may

  8  require the offender to perform public services designated by

  9  the court. In no event shall any such offender be required to

10  perform fewer than the number of hours of public service

11  necessary to satisfy the fine assessed by the court, as

12  provided by this subsection, at the minimum wage prevailing in

13  the state at the time of sentencing.

14         (3)(a)  A law enforcement officer, a merchant, a

15  farmer, or a transit agency's employee or agent, who has

16  probable cause to believe that a retail theft, farm theft, a

17  transit fare evasion, or trespass, or unlawful use or

18  attempted use of any antishoplifting or inventory control

19  device countermeasure, has been committed by a person and, in

20  the case of retail or farm theft, that the property can be

21  recovered by taking the offender into custody may, for the

22  purpose of attempting to effect such recovery or for

23  prosecution, take the offender into custody and detain the

24  offender in a reasonable manner for a reasonable length of

25  time.  In the case of a farmer, taking into custody shall be

26  effectuated only on property owned or leased by the farmer.

27  In the event the merchant, merchant's employee, farmer, or a

28  transit agency's employee or agent takes the person into

29  custody, a law enforcement officer shall be called to the

30  scene immediately after the person has been taken into

31  custody.

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  1         (b)  The activation of an antishoplifting or inventory

  2  control device as a result of a person exiting an

  3  establishment or a protected area within an establishment

  4  shall constitute reasonable cause for the detention of the

  5  person so exiting by the owner or operator of the

  6  establishment or by an agent or employee of the owner or

  7  operator, provided sufficient notice has been posted to advise

  8  the patrons that such a device is being utilized. Each such

  9  detention shall be made only in a reasonable manner and only

10  for a reasonable period of time sufficient for any inquiry

11  into the circumstances surrounding the activation of the

12  device.

13         (c)  The taking into custody and detention by a law

14  enforcement officer, merchant, merchant's employee, farmer, or

15  a transit agency's employee or agent, if done in compliance

16  with all the requirements of this subsection, shall not render

17  such law enforcement officer, merchant, merchant's employee,

18  farmer, or a transit agency's employee or agent, criminally or

19  civilly liable for false arrest, false imprisonment, or

20  unlawful detention.

21         (4)  Any law enforcement officer may arrest, either on

22  or off the premises and without warrant, any person the

23  officer has probable cause to believe unlawfully possesses, or

24  is unlawfully using or attempting to use or has used or

25  attempted to use, any antishoplifting or inventory control

26  device countermeasure or has committed theft in a retail or

27  wholesale establishment or on commercial or private farm lands

28  of a farmer or transit fare evasion or trespass.

29         (5)(a)  A merchant, merchant's employee, farmer, or a

30  transit agency's employee or agent who takes a person into

31  custody, as provided in subsection (3), or who causes an

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  1  arrest, as provided in subsection (4), of a person for retail

  2  theft, farm theft, transit fare evasion, or trespass shall not

  3  be criminally or civilly liable for false arrest or false

  4  imprisonment when the merchant, merchant's employee, farmer,

  5  or a transit agency's employee or agent has probable cause to

  6  believe that the person committed retail theft, farm theft,

  7  transit fare evasion, or trespass.

  8         (b)  If a merchant or merchant's employee takes a

  9  person into custody as provided in this section, or acts as a

10  witness with respect to any person taken into custody as

11  provided in this section, the merchant or merchant's employee

12  may provide his or her business address rather than home

13  address to any investigating law enforcement officer.

14         (6)  An individual who, while committing or after

15  committing theft of property, transit fare evasion, or

16  trespass, resists the reasonable effort of a law enforcement

17  officer, merchant, merchant's employee, farmer, or a transit

18  agency's employee or agent to recover the property or cause

19  the individual to pay the proper transit fare or vacate the

20  transit facility which the law enforcement officer, merchant,

21  merchant's employee, farmer, or a transit agency's employee or

22  agent had probable cause to believe the individual had

23  concealed or removed from its place of display or elsewhere or

24  perpetrated a transit fare evasion or trespass commits a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083, unless the individual did not know, or

27  did not have reason to know, that the person seeking to

28  recover the property was a law enforcement officer, merchant,

29  merchant's employee, farmer, or a transit agency's employee or

30  agent.  For purposes of this section the charge of theft and

31  the charge of resisting may be tried concurrently.

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  1         (7)  It is unlawful to possess, or use or attempt to

  2  use, any antishoplifting or inventory control device

  3  countermeasure within any premises used for the retail

  4  purchase or sale of any merchandise.  Any person who possesses

  5  any antishoplifting or inventory control device countermeasure

  6  within any premises used for the retail purchase or sale of

  7  any merchandise commits a felony misdemeanor of the third

  8  first degree, punishable as provided in s. 775.082, or s.

  9  775.083, or s. 775.084.  Any person who uses or attempts to

10  use any antishoplifting or inventory control device

11  countermeasure within any premises used for the retail

12  purchase or sale of any merchandise commits a felony of the

13  third degree, punishable as provided in s. 775.082, s.

14  775.083, or s. 775.084.

15         (8)  If a person commits retail theft, it is a felony

16  of the second degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084, if the property stolen is valued at

18  $150 or more, and the person:

19         (a)  Individually, or in concert with one or more other

20  persons, coordinates the activities of one or more individuals

21  in committing the offense, in which case the amount of each

22  individual theft is aggregated to determine the value of the

23  property stolen.

24         (b)  Commits theft from more than one location within a

25  48-hour period, in which case the amount of each individual

26  theft is aggregated to determine the value of the property

27  stolen.

28         (c)  Acts in concert with one or more other individuals

29  within one or more establishments to distract the merchant,

30  merchant's employee, or law enforcement officer in order to

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  1  carry out the offense, or acts in other ways to coordinate

  2  efforts to carry out the offense.

  3         (d)  Unlawfully possesses a controlled substance or

  4  drug paraphernalia at the time of the offense.

  5         (e)  Commits the offense through the purchase of

  6  merchandise in a package or box that contains merchandise

  7  other than, or in addition to, the merchandise purported to be

  8  contained in the package or box.

  9         (f)  Resists with violence efforts by the merchant,

10  merchant's employee, or law enforcement officer to detain the

11  offender. As used in this paragraph, the term "violence"

12  includes, but is not limited to, the use of a gun, knife, or

13  other weapon or the use of physical force.

14         Section 4.  Section 812.0155, Florida Statutes, is

15  created to read:

16         812.0155  Suspension of driver's license following an

17  adjudication of guilt for retail theft.--

18         (1)  Except as provided in subsections (2) and (3), the

19  court shall order the suspension of the driver's license of

20  each person adjudicated guilty of any misdemeanor violation of

21  s. 812.014 or s. 812.015, regardless of the value of the

22  property stolen. The court shall forward the driver's license

23  of the person adjudicated guilty to the Department of Highway

24  Safety and Motor Vehicles in accordance with s. 322.25.

25         (a)  The first suspension of a driver's license under

26  this subsection shall be for a period of up to 6 months.

27         (b)  A second or subsequent suspension of a driver's

28  license under this subsection shall be for 1 year.

29         (2)  The court may revoke, suspend, or withhold

30  issuance of a driver's license of a person less than 18 years

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  1  of age who violates s. 812.014 or s. 812.015 as an alternative

  2  to sentencing the person to:

  3         (a)  Probation as defined in s. 985.03 or commitment to

  4  the Department of Juvenile Justice, if the person is

  5  adjudicated delinquent for such violation and has not

  6  previously been convicted of or adjudicated delinquent for any

  7  criminal offense, regardless of whether adjudication was

  8  withheld.

  9         (b)  Probation as defined in s. 985.03, commitment to

10  the Department of Juvenile Justice, probation as defined in s.

11  948.01, community control, or incarceration, if the person is

12  convicted as an adult of such violation and has not previously

13  been convicted of or adjudicated delinquent for any criminal

14  offense, regardless of whether adjudication was withheld.

15         (3)  As used in this subsection, the term "department"

16  means the Department of Highway Safety and Motor Vehicles. A

17  court that revokes, suspends, or withholds issuance of a

18  driver's license under subsection (2) shall do so as follows:

19         (a)  If the person is eligible by reason of age for a

20  driver's license or driving privilege, the court shall direct

21  the department to revoke or withhold issuance of the person's

22  driver's license or driving privilege for not less than 6

23  months and not more than 1 year.

24         (b)  If the person's driver's license is under

25  suspension or revocation for any reason, the court shall

26  direct the department to extend the period of suspension or

27  revocation by not less than 6 months and not more than 1 year.

28         (c)  If the person is ineligible by reason of age for a

29  driver's license or driving privilege, the court shall direct

30  the department to withhold issuance of the person's driver's

31  license or driving privilege for not less than 6 months and

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  1  not more than 1 year after the date on which the person would

  2  otherwise become eligible.

  3         (4)  Subsections (2) and (3) do not preclude the court

  4  from imposing any sanction specified or not specified in

  5  subsection (2) or subsection (3).

  6         Section 5.  Section 812.017, Florida Statutes, is

  7  created to read:

  8         812.017  Use of a fraudulently obtained or false

  9  receipt.--

10         (1)  Any person who requests a refund of merchandise,

11  money, or any other thing of value through the use of a

12  fraudulently obtained receipt or false receipt commits a

13  misdemeanor of the second degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         (2)  Any person who obtains merchandise, money, or any

16  other thing of value through the use of a fraudulently

17  obtained receipt or false receipt commits a misdemeanor of the

18  first degree, punishable as provided in s. 775.082 or s.

19  775.083.

20         Section 6.  Section 812.0195, Florida Statutes, is

21  created to read:

22         812.0195  Dealing in stolen property by use of the

23  Internet.--Any person in this state who uses the Internet to

24  sell or offer for sale any merchandise or other property that

25  the person knows, or has reasonable cause to believe, is

26  stolen commits:

27         (1)  A misdemeanor of the second degree, punishable as

28  provided in s. 775.082 or s. 775.083, if the value of the

29  property is less than $150.

30

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  1         (2)  A felony of the third degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084, if the

  3  value of the property is $150 or more.

  4         Section 7.  Section 812.0351, Florida Statutes, is

  5  created to read:

  6         812.0351  Court to consider complete criminal record;

  7  preclusion from pretrial intervention program.--

  8         (1)  In any criminal or civil action arising from a

  9  violation of any provision of ss. 812.014-812.037 or s.

10  812.081, the court shall consider the complete criminal record

11  of the person who commits such violation, including, but not

12  limited to, the person's prior arrests, referral to pretrial

13  intervention programs, pending criminal cases, and prior

14  convictions, regardless of whether adjudication was withheld.

15         (2)  Notwithstanding s. 948.08 or any other law, a

16  person who violates any provision of ss. 812.014-812.037 or s.

17  812.081 may not be referred to a pretrial intervention program

18  for such violation if the person has previously been referred

19  to a pretrial intervention program for any criminal violation.

20         Section 8.  Section 831.07, Florida Statutes, is

21  amended to read:

22         831.07  Forging bank bills, checks, drafts, or

23  promissory notes.--Whoever falsely makes, alters, forges or

24  counterfeits a bank bill, check, draft, or promissory note

25  payable to the bearer thereof, or to the order of any person,

26  issued by an incorporated banking company established in this

27  state, or within the United States, or any foreign province,

28  state, or government, with intent to injure any person,

29  commits shall be guilty of a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084.

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  1         Section 9.  Section 831.08, Florida Statutes, is

  2  amended to read:

  3         831.08  Possessing certain forged notes, or bills,

  4  checks, or drafts.--Whoever has in his or her possession 10 or

  5  more similar false, altered, forged, or counterfeit notes,

  6  bills of credit, bank bills, checks, drafts, or notes, such as

  7  are mentioned in any of the preceding sections of this

  8  chapter, payable to the bearer thereof or to the order of any

  9  person, knowing the same to be false, altered, forged, or

10  counterfeit, with intent to utter and pass the same as true,

11  and thereby to injure or defraud any person, commits shall be

12  guilty of a felony of the third degree, punishable as provided

13  in s. 775.082, s. 775.083, or s. 775.084.

14         Section 10.  Section 831.09, Florida Statutes, is

15  amended to read:

16         831.09  Uttering forged bills, checks, drafts, or

17  notes.--Whoever utters or passes or tenders in payment as

18  true, any such false, altered, forged, or counterfeit note, or

19  any bank bill, check, draft, or promissory note, payable to

20  the bearer thereof or to the order of any person, issued as

21  aforesaid, knowing the same to be false, altered, forged, or

22  counterfeit, with intent to injure or defraud any person,

23  commits shall be guilty of a felony of the third degree,

24  punishable as provided in s. 775.082, s. 775.083, or s.

25  775.084.

26         Section 11.  For the purpose of incorporating the

27  amendments made by this act to section 831.09, Florida

28  Statutes, in references thereto, section 831.10, Florida

29  Statutes, is reenacted to read:

30         831.10  Second conviction of uttering forged

31  bills.--Whoever, having been convicted of the offense

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  1  mentioned in s. 831.09 is again convicted of the like offense

  2  committed after the former conviction, and whoever is at the

  3  same term of the court convicted upon three distinct charges

  4  of such offense, shall be deemed a common utterer of

  5  counterfeit bills, and shall be punished as provided in s.

  6  775.084.

  7         Section 12.  Section 831.11, Florida Statutes, is

  8  amended to read:

  9         831.11  Bringing into the state forged bank bills,

10  checks, drafts, or notes.--Whoever brings into this state or

11  has in his or her possession a false, forged, or counterfeit

12  bill, check, draft, or note in the similitude of the bills or

13  notes payable to the bearer thereof or to the order of any

14  person issued by or for any bank or banking company

15  established in this state, or within the United States, or any

16  foreign province, state or government, with intent to utter

17  and pass the same or to render the same current as true,

18  knowing the same to be false, forged, or counterfeit, commits

19  shall be guilty of a felony of the third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084.

21         Section 13.  Section 831.12, Florida Statutes, is

22  amended to read:

23         831.12  Fraudulently connecting parts of genuine

24  instrument.--Whoever fraudulently connects together parts of

25  several banknotes, checks, drafts, or other genuine

26  instruments in such a manner as to produce one additional

27  note, check, draft, or instrument, with intent to pass all of

28  them as genuine, commits shall be deemed guilty of forgery in

29  like manner as if each of them had been falsely made or

30  forged.

31

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  1         Section 14.  Section 831.28, Florida Statutes, is

  2  created to read:

  3         831.28  Counterfeiting a payment instrument; possessing

  4  a counterfeit payment instrument; penalties.--

  5         (1)  As used in this section, the term "counterfeit"

  6  means the manufacture of or arrangement to manufacture a

  7  payment instrument, as defined in s. 560.103, without the

  8  permission of the financial institution, account holder, or

  9  organization whose name, routing number, or account number

10  appears on the payment instrument, or the manufacture of any

11  payment instrument with a fictitious name, routing number, or

12  account number.

13         (2)(a)  It is unlawful to counterfeit a payment

14  instrument with the intent to defraud a financial institution,

15  account holder, or any other person or organization or for a

16  person to have any counterfeit payment instrument in such

17  person's possession. Any person who violates this subsection

18  commits a felony of the third degree, punishable as provided

19  in s. 775.082, s. 775.083, or s. 775.084.

20         (b)  The printing of a payment instrument in the name

21  of a person or entity or with the routing number or account

22  number of a person or entity without the permission of the

23  person or entity to manufacture or reproduce such payment

24  instrument with such name, routing number, or account number

25  is prima facie evidence of intent to defraud.

26         (3)  This section does not apply to a law enforcement

27  agency that produces or displays counterfeit payment

28  instruments for investigative or educational purposes.

29         Section 15.  Section 832.05, Florida Statutes, is

30  amended to read:

31

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  1         832.05  Giving worthless checks, drafts, and debit card

  2  orders; penalty; duty of drawee; evidence; costs; complaint

  3  form.--

  4         (1)  PURPOSE.--The purpose of this section is to remedy

  5  the evil of giving checks, drafts, bills of exchange, debit

  6  card orders, and other orders on banks without first providing

  7  funds in or credit with the depositories on which the same are

  8  made or drawn to pay and satisfy the same, which tends to

  9  create the circulation of worthless checks, drafts, bills of

10  exchange, debit card orders, and other orders on banks, bad

11  banking, check kiting, and a mischief to trade and commerce.

12         (2)  WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS;

13  PENALTY.--

14         (a)  It is unlawful for any person, firm, or

15  corporation to draw, make, utter, issue, or deliver to another

16  any check, draft, or other written order on any bank or

17  depository, or to use a debit card, for the payment of money

18  or its equivalent, knowing at the time of the drawing, making,

19  uttering, issuing, or delivering such check or draft, or at

20  the time of using such debit card, that the maker or drawer

21  thereof has not sufficient funds on deposit in or credit with

22  such bank or depository with which to pay the same on

23  presentation; except that this section does not apply to any

24  check when the payee or holder knows or has been expressly

25  notified prior to the drawing or uttering of the check, or has

26  reason to believe, that the drawer did not have on deposit or

27  to the drawer's credit with the drawee sufficient funds to

28  ensure payment as aforesaid, nor does this section apply to

29  any postdated check.

30         (b)  A violation of the provisions of this subsection

31  constitutes a misdemeanor of the first degree, punishable as

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  1  provided in s. 775.082 or s. 775.083, unless the check, draft,

  2  debit card order, or other written order drawn, made, uttered,

  3  issued, or delivered is in the amount of $150, or its

  4  equivalent, or more and the payee or a subsequent holder

  5  thereof receives something of value therefor. In that event,

  6  the violation constitutes a felony of the third degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084.

  9         (3)  CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD;

10  PENALTY.--

11         (a)  It is unlawful for any person, by act or common

12  scheme, to cash or deposit any item, as defined in s.

13  674.104(1)(i), in any bank or depository with intent to

14  defraud.

15         (b)  A violation of the provisions of this subsection

16  constitutes a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         (4)  OBTAINING PROPERTY OR SERVICES IN RETURN FOR

19  WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.--

20         (a)  It is unlawful for any person, firm, or

21  corporation to obtain any services, goods, wares, or other

22  things of value by means of a check, draft, or other written

23  order upon any bank, person, firm, or corporation, knowing at

24  the time of the making, drawing, uttering, issuing, or

25  delivering of such check or draft that the maker thereof has

26  not sufficient funds on deposit in or credit with such bank or

27  depository with which to pay the same upon presentation.

28  However, no crime may be charged in respect to the giving of

29  any such check or draft or other written order when the payee

30  knows, has been expressly notified, or has reason to believe

31  that the drawer did not have on deposit or to the drawer's

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  1  credit with the drawee sufficient funds to ensure payment

  2  thereof.  A payee does not have reason to believe a payor does

  3  not have sufficient funds to ensure payment of a check solely

  4  because the payor has previously issued a worthless check to

  5  him or her.

  6         (b)  It is unlawful for any person to use a debit card

  7  to obtain money, goods, services, or anything else of value

  8  knowing at the time of such use that he or she does not have

  9  sufficient funds on deposit with which to pay for the same or

10  that the value thereof exceeds the amount of credit which is

11  available to him or her through an overdraft financing

12  agreement or prearranged line of credit which is accessible by

13  the use of the card.

14         (c)  A violation of the provisions of this subsection,

15  if the check, draft, other written order, or debit card order

16  is for an amount less than $150 or its equivalent, constitutes

17  a misdemeanor of the first degree, punishable as provided in

18  s. 775.082 or s. 775.083.  A violation of the provisions of

19  this subsection, if the check, draft, other written order, or

20  debit card order is in the amount of $150, or its equivalent,

21  or more, constitutes a felony of the third degree, punishable

22  as provided in s. 775.082, s. 775.083, or s. 775.084.

23         (5)  CHECKS, DRAFTS, OR DEBIT CARD ORDERS DRAWN ON A

24  BANK IN WHICH THE MAKER HAS NO ACCOUNT OR A CLOSED ACCOUNT.--

25         (a)  A person, firm, or corporation may not draw, make,

26  utter, issue, or deliver to another any check, draft, or debit

27  card order for the payment of money or its equivalent, knowing

28  at the time of the drawing, making, uttering, issuing, or

29  delivering of such check, draft, or debit card order that the

30  check, draft, or order is drawn on a bank or depository in

31  which the maker or drawer has no account or a closed account.

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  1         (b)  Any person who violates this subsection commits:

  2         1.  A misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083, if the amount of the

  4  check, draft, or debit card order is for an amount less than

  5  $150.

  6         2.  A felony of the second degree, punishable as

  7  provided in s. 775.082, s. 775.083, or s. 775.084, if the

  8  amount of the check, draft, or debit card order is for an

  9  amount of $150 or more.

10         (6)  THIRD OR SUBSEQUENT VIOLATION.--Any person who

11  violates subsection (2) or subsection (4) for a third or

12  subsequent time by drawing, making, uttering, issuing, or

13  delivering a check, draft, or debit card order in the amount

14  of $150 or more commits a felony of the second degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         (7)(5)  PAYMENT NO DEFENSE.--Payment of a dishonored

18  check, draft, bill of exchange, or other order does not

19  constitute a defense or ground for dismissal of charges

20  brought under this section.

21         (8)(6)  "CREDIT," "DEBIT CARD" DEFINED.--

22         (a)  The word "credit" as used herein shall be

23  construed to mean an arrangement or understanding with the

24  drawee for the payment of such check, draft, or other written

25  order.

26         (b)  As used in this section, the term "debit card"

27  means a card, code, or other device, other than a check,

28  draft, or similar paper instrument, by the use of which a

29  person may order, instruct, or authorize a financial

30  institution to debit a demand deposit, savings deposit, or

31  other asset account.

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  1         (9)(7)  REASON FOR DISHONOR, DUTY OF DRAWEE.--It is the

  2  duty of the drawee of any check, draft, or other written

  3  order, before refusing to pay the same to the holder thereof

  4  upon presentation, to cause to be written, printed, or stamped

  5  in plain language thereon or attached thereto the reason for

  6  the drawee's dishonor or refusal to pay it.  In any

  7  prosecution under this section, the introduction in evidence

  8  of any unpaid and dishonored check, draft, or other written

  9  order having the drawee's refusal to pay stamped or written

10  thereon or attached thereto, with the reason therefor as

11  aforesaid, is prima facie evidence of the making or uttering

12  of such check, draft, or other written order, of the due

13  presentation to the drawee for payment and the dishonor

14  thereof, and that the same was properly dishonored for the

15  reasons written, stamped, or attached by the drawee on such

16  dishonored check, draft, or other written order.  As against

17  the maker or drawer thereof, the withdrawing from deposit with

18  the drawee named in the check, draft, or other written order

19  of the funds on deposit with such drawee necessary to ensure

20  payment of such check, draft, or other written order upon

21  presentation within a reasonable time after negotiation or the

22  drawing, making, uttering, or delivering of a check, draft, or

23  written order, payment of which is refused by the drawee, is

24  prima facie evidence of knowledge of insufficient funds in or

25  credit with such drawee. However, if it is determined at the

26  trial in a prosecution hereunder that the payee of any such

27  check, draft, or written order, at the time of accepting such

28  check, draft, or written order, had knowledge of or reason to

29  believe that the drawer of such check, draft, or other written

30  order did not have sufficient funds on deposit in or credit

31  with such drawee, then the payee instituting such criminal

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  1  prosecution shall be assessed all costs of court incurred in

  2  connection with such prosecution.

  3         (10)(8)  COSTS.--When a prosecution is initiated under

  4  this section before any committing magistrate, the party

  5  applying for the warrant shall be held liable for costs

  6  accruing in the event the case is dismissed for want of

  7  prosecution.  No costs shall be charged to the county in such

  8  dismissed cases.

  9         (11)(9)  STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF

10  COMPLAINT.--The state attorneys of Florida shall collectively

11  promulgate a single form to be used in all judicial circuits

12  by persons reporting a violation of this chapter.

13         (12)  CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT

14  FUNDS.--For purposes of construction of this section, a payee

15  or holder does not have knowledge, express notification, or

16  reason to believe that the maker or drawer has insufficient

17  funds to ensure payment of a check, draft, or debit card

18  solely because the maker or drawer has previously drawn or

19  issued a worthless check, draft, or debit card order to the

20  payee or holder.

21         Section 16.  Section 832.11, Florida Statutes, is

22  created to read:

23         832.11  Court to consider complete criminal record;

24  preclusion from pretrial intervention program.--

25         (1)  In sentencing a person for violating any provision

26  of this chapter, the court shall consider the complete

27  criminal record of the person who commits such violation,

28  including, but not limited to, the person's prior arrests,

29  referral to pretrial intervention programs, pending criminal

30  cases, and prior convictions, regardless of whether

31  adjudication was withheld.

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  1         (2)  Notwithstanding s. 948.08 or any other law, a

  2  person who violates any provision of this chapter may not be

  3  referred to a pretrial intervention program for such violation

  4  if the person has previously been referred to a pretrial

  5  intervention program for any criminal violation.

  6         Section 17.  Paragraphs (b), (c), (d), and (f) of

  7  subsection (3) of section 921.0022, Florida Statutes, are

  8  amended to read:

  9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12

13  Florida           Felony

14  Statute           Degree             Description

15

16

17                              (b)  LEVEL 2

18  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

19                              lbs. in weight or 100 cubic feet

20                              in volume or any quantity for

21                              commercial purposes, or hazardous

22                              waste.

23  517.07             3rd      Registration of securities and

24                              furnishing of prospectus

25                              required.

26  590.28(1)          3rd      Willful, malicious, or

27                              intentional burning.

28  784.05(3)          3rd      Storing or leaving a loaded

29                              firearm within reach of minor who

30                              uses it to inflict injury or

31                              death.

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  1  787.04(1)          3rd      In violation of court order,

  2                              take, entice, etc., minor beyond

  3                              state limits.

  4  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  5                              or more to public communication

  6                              or any other public service.

  7  810.09(2)(e)       3rd      Trespassing on posted commerical

  8                              horticulture property.

  9  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

10                              more but less than $5,000.

11  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

12                              more but less than $300, taken

13                              from unenclosed curtilage of

14                              dwelling.

15  812.015(7)         3rd      Possession, use, or attempted use

16                              of an antishoplifting or

17                              inventory control device

18                              countermeasure.

19  817.234(1)(a)2.    3rd      False statement in support of

20                              insurance claim.

21  817.481(3)(a)      3rd      Obtain credit or purchase with

22                              false, expired, counterfeit,

23                              etc., credit card, value over

24                              $300.

25  817.52(3)          3rd      Failure to redeliver hired

26                              vehicle.

27  817.54             3rd      With intent to defraud, obtain

28                              mortgage note, etc., by false

29                              representation.

30  817.60(5)          3rd      Dealing in credit cards of

31                              another.

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  1  817.60(6)(a)       3rd      Forgery; purchase goods, services

  2                              with false card.

  3  817.61             3rd      Fraudulent use of credit cards

  4                              over $100 or more within 6

  5                              months.

  6  826.04             3rd      Knowingly marries or has sexual

  7                              intercourse with person to whom

  8                              related.

  9  831.01             3rd      Forgery.

10  831.02             3rd      Uttering forged instrument;

11                              utters or publishes alteration

12                              with intent to defraud.

13  831.07             3rd      Forging bank bills, checks,

14                              drafts, or promissory notes note.

15  831.08             3rd      Possessing certain Possession of

16                              10 or more forged notes, bills,

17                              checks, or drafts.

18  831.09             3rd      Uttering forged notes, bills,

19                              checks, or drafts; passes as bank

20                              bill or promissory note.

21  831.11             3rd      Bringing into the state forged

22                              bank bills, checks, drafts, or

23                              notes.

24  831.12             3rd      Fraudulently connecting parts of

25                              genuine instrument.

26  832.05(3)(a)       3rd      Cashing or depositing item with

27                              intent to defraud.

28  843.08             3rd      Falsely impersonating an officer.

29

30

31

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  1  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  2                              (2)(c)1., (2)(c)2., (2)(c)3.,

  3                              (2)(c)5., (2)(c)6., (2)(c)7.,

  4                              (2)(c)8., (2)(c)9., (3), or (4)

  5                              drugs other than cannabis.

  6  893.147(2)         3rd      Manufacture or delivery of drug

  7                              paraphernalia.

  8                              (c)  LEVEL 3

  9  316.1935(2)        3rd      Fleeing or attempting to elude

10                              law enforcement officer in marked

11                              patrol vehicle with siren and

12                              lights activated.

13  319.30(4)          3rd      Possession by junkyard of motor

14                              vehicle with identification

15                              number plate removed.

16  319.33(1)(a)       3rd      Alter or forge any certificate of

17                              title to a motor vehicle or

18                              mobile home.

19  319.33(1)(c)       3rd      Procure or pass title on stolen

20                              vehicle.

21  319.33(4)          3rd      With intent to defraud, possess,

22                              sell, etc., a blank, forged, or

23                              unlawfully obtained title or

24                              registration.

25  328.05(2)          3rd      Possess, sell, or counterfeit

26                              fictitious, stolen, or fraudulent

27                              titles or bills of sale of

28                              vessels.

29  328.07(4)          3rd      Manufacture, exchange, or possess

30                              vessel with counterfeit or wrong

31                              ID number.

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  1  376.302(5)         3rd      Fraud related to reimbursement

  2                              for cleanup expenses under the

  3                              Inland Protection Trust Fund.

  4  501.001(2)(b)      2nd      Tampers with a consumer product

  5                              or the container using materially

  6                              false/misleading information.

  7  697.08             3rd      Equity skimming.

  8  790.15(3)          3rd      Person directs another to

  9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  815.04(4)(b)       2nd      Computer offense devised to

23                              defraud or obtain property.

24  817.034(4)(a)3.    3rd      Engages in scheme to defraud

25                              (Florida Communications Fraud

26                              Act), property valued at less

27                              than $20,000.

28  817.233            3rd      Burning to defraud insurer.

29  828.12(2)          3rd      Tortures any animal with intent

30                              to inflict intense pain, serious

31                              physical injury, or death.

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  1  831.28(2)(a)       3rd      Counterfeiting a payment

  2                              instrument with intent to defraud

  3                              or possessing a counterfeit

  4                              payment instrument.

  5  831.29             2nd      Possession of instruments for

  6                              counterfeiting drivers' licenses

  7                              or identification cards.

  8  832.05(5)          2nd      Giving a check, draft, or debit

  9                              card order in the amount of $150

10                              or more, drawn on a nonexistent

11                              account.

12  832.05(6)          3rd      Delivering, or obtaining property

13                              or services in return for, a

14                              worthless check, draft, or debit

15                              card; third or subsequent

16                              violation.

17  838.021(3)(b)      3rd      Threatens unlawful harm to public

18                              servant.

19  843.19             3rd      Injure, disable, or kill police

20                              dog or horse.

21  870.01(2)          3rd      Riot; inciting or encouraging.

22  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

23                              cannabis (or other s.

24                              893.03(1)(c), (2)(c)1., (2)(c)2.,

25                              (2)(c)3., (2)(c)5., (2)(c)6.,

26                              (2)(c)7., (2)(c)8., (2)(c)9.,

27                              (3), or (4) drugs).

28

29

30

31

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  1  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

  2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  3                              (2)(c)3., (2)(c)5., (2)(c)6.,

  4                              (2)(c)7., (2)(c)8., (2)(c)9.,

  5                              (3), or (4) drugs within 200 feet

  6                              of university or public park.

  7  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 200 feet

12                              of public housing facility.

13  893.13(6)(a)       3rd      Possession of any controlled

14                              substance other than felony

15                              possession of cannabis.

16  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

17                              controlled substance by fraud,

18                              forgery, misrepresentation, etc.

19  893.13(7)(a)11.    3rd      Furnish false or fraudulent

20                              material information on any

21                              document or record required by

22                              chapter 893.

23  918.13(1)(a)       3rd      Alter, destroy, or conceal

24                              investigation evidence.

25  944.47

26   (1)(a)1.-2.       3rd      Introduce contraband to

27                              correctional facility.

28  944.47(1)(c)       2nd      Possess contraband while upon the

29                              grounds of a correctional

30                              institution.

31

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  1  985.3141           3rd      Escapes from a juvenile facility

  2                              (secure detention or residential

  3                              commitment facility).

  4                              (d)  LEVEL 4

  5  316.1935(3)        2nd      Driving at high speed or with

  6                              wanton disregard for safety while

  7                              fleeing or attempting to elude

  8                              law enforcement officer who is in

  9                              a marked patrol vehicle with

10                              siren and lights activated.

11  784.07(2)(b)       3rd      Battery of law enforcement

12                              officer, firefighter, intake

13                              officer, etc.

14  784.075            3rd      Battery on detention or

15                              commitment facility staff.

16  784.08(2)(c)       3rd      Battery on a person 65 years of

17                              age or older.

18  784.081(3)         3rd      Battery on specified official or

19                              employee.

20  784.082(3)         3rd      Battery by detained person on

21                              visitor or other detainee.

22  784.083(3)         3rd      Battery on code inspector.

23  784.085            3rd      Battery of child by throwing,

24                              tossing, projecting, or expelling

25                              certain fluids or materials.

26  787.03(1)          3rd      Interference with custody;

27                              wrongly takes child from

28                              appointed guardian.

29

30

31

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  1  787.04(2)          3rd      Take, entice, or remove child

  2                              beyond state limits with criminal

  3                              intent pending custody

  4                              proceedings.

  5  787.04(3)          3rd      Carrying child beyond state lines

  6                              with criminal intent to avoid

  7                              producing child at custody

  8                              hearing or delivering to

  9                              designated person.

10  790.115(1)         3rd      Exhibiting firearm or weapon

11                              within 1,000 feet of a school.

12  790.115(2)(b)      3rd      Possessing electric weapon or

13                              device, destructive device, or

14                              other weapon on school property.

15  790.115(2)(c)      3rd      Possessing firearm on school

16                              property.

17  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

18                              offender less than 18 years.

19  810.02(4)(a)       3rd      Burglary, or attempted burglary,

20                              of an unoccupied structure;

21                              unarmed; no assault or battery.

22  810.02(4)(b)       3rd      Burglary, or attempted burglary,

23                              of an unoccupied conveyance;

24                              unarmed; no assault or battery.

25  810.06             3rd      Burglary; possession of tools.

26  810.08(2)(c)       3rd      Trespass on property, armed with

27                              firearm or dangerous weapon.

28  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

29                              or more but less than $20,000.

30

31

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  1  812.014

  2   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

  3                              firearm, motor vehicle,

  4                              livestock, etc.

  5  812.0195(2)        3rd      Dealing in stolen property by use

  6                              of the Internet; property stolen

  7                              $150 or more.

  8  817.563(1)         3rd      Sell or deliver substance other

  9                              than controlled substance agreed

10                              upon, excluding s. 893.03(5)

11                              drugs.

12  828.125(1)         2nd      Kill, maim, or cause great bodily

13                              harm or permanent breeding

14                              disability to any registered

15                              horse or cattle.

16  837.02(1)          3rd      Perjury in official proceedings.

17  837.021(1)         3rd      Make contradictory statements in

18                              official proceedings.

19  843.021            3rd      Possession of a concealed

20                              handcuff key by a person in

21                              custody.

22  843.025            3rd      Deprive law enforcement,

23                              correctional, or correctional

24                              probation officer of means of

25                              protection or communication.

26  843.15(1)(a)       3rd      Failure to appear while on bail

27                              for felony (bond estreature or

28                              bond jumping).

29  874.05(1)          3rd      Encouraging or recruiting another

30                              to join a criminal street gang.

31

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  1  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

  2                              893.03(1)(a), (b), or (d),

  3                              (2)(a), (2)(b), or (2)(c)4.

  4                              drugs).

  5  914.14(2)          3rd      Witnesses accepting bribes.

  6  914.22(1)          3rd      Force, threaten, etc., witness,

  7                              victim, or informant.

  8  914.23(2)          3rd      Retaliation against a witness,

  9                              victim, or informant, no bodily

10                              injury.

11  918.12             3rd      Tampering with jurors.

12                              (f)  LEVEL 6

13  316.027(1)(b)      2nd      Accident involving death, failure

14                              to stop; leaving scene.

15  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

16                              conviction.

17  775.0875(1)        3rd      Taking firearm from law

18                              enforcement officer.

19  775.21(10)         3rd      Sexual predators; failure to

20                              register; failure to renew

21                              driver's license or

22                              identification card.

23  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

24                              without intent to kill.

25  784.021(1)(b)      3rd      Aggravated assault; intent to

26                              commit felony.

27  784.041            3rd      Felony battery.

28  784.048(3)         3rd      Aggravated stalking; credible

29                              threat.

30  784.048(5)         3rd      Aggravated stalking of person

31                              under 16.

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  1  784.07(2)(c)       2nd      Aggravated assault on law

  2                              enforcement officer.

  3  784.08(2)(b)       2nd      Aggravated assault on a person 65

  4                              years of age or older.

  5  784.081(2)         2nd      Aggravated assault on specified

  6                              official or employee.

  7  784.082(2)         2nd      Aggravated assault by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(2)         2nd      Aggravated assault on code

11                              inspector.

12  787.02(2)          3rd      False imprisonment; restraining

13                              with purpose other than those in

14                              s. 787.01.

15  790.115(2)(d)      2nd      Discharging firearm or weapon on

16                              school property.

17  790.161(2)         2nd      Make, possess, or throw

18                              destructive device with intent to

19                              do bodily harm or damage

20                              property.

21  790.164(1)         2nd      False report of deadly explosive

22                              or act of arson or violence to

23                              state property.

24  790.19             2nd      Shooting or throwing deadly

25                              missiles into dwellings, vessels,

26                              or vehicles.

27  794.011(8)(a)      3rd      Solicitation of minor to

28                              participate in sexual activity by

29                              custodial adult.

30  794.05(1)          2nd      Unlawful sexual activity with

31                              specified minor.

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  1  800.04(5)(d)       3rd      Lewd or lascivious molestation;

  2                              victim 12 years of age or older

  3                              but less than 16 years; offender

  4                              less than 18 years.

  5  800.04(6)(b)       2nd      Lewd or lascivious conduct;

  6                              offender 18 years of age or

  7                              older.

  8  806.031(2)         2nd      Arson resulting in great bodily

  9                              harm to firefighter or any other

10                              person.

11  810.02(3)(c)       2nd      Burglary of occupied structure;

12                              unarmed; no assault or battery.

13  812.014(2)(b)      2nd      Property stolen $20,000 or more,

14                              but less than $100,000, grand

15                              theft in 2nd degree.

16  812.015(8)         2nd      Retail theft; property stolen

17                              $150 or more and other specified

18                              circumstances.

19  812.13(2)(c)       2nd      Robbery, no firearm or other

20                              weapon (strong-arm robbery).

21  817.034(4)(a)1.    1st      Communications fraud, value

22                              greater than $50,000.

23  817.4821(5)        2nd      Possess cloning paraphernalia

24                              with intent to create cloned

25                              cellular telephones.

26  825.102(1)         3rd      Abuse of an elderly person or

27                              disabled adult.

28  825.102(3)(c)      3rd      Neglect of an elderly person or

29                              disabled adult.

30

31

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  1  825.1025(3)        3rd      Lewd or lascivious molestation of

  2                              an elderly person or disabled

  3                              adult.

  4  825.103(2)(c)      3rd      Exploiting an elderly person or

  5                              disabled adult and property is

  6                              valued at less than $20,000.

  7  827.03(1)          3rd      Abuse of a child.

  8  827.03(3)(c)       3rd      Neglect of a child.

  9  827.071(2)&(3)     2nd      Use or induce a child in a sexual

10                              performance, or promote or direct

11                              such performance.

12  836.05             2nd      Threats; extortion.

13  836.10             2nd      Written threats to kill or do

14                              bodily injury.

15  843.12             3rd      Aids or assists person to escape.

16  847.0135(3)        3rd      Solicitation of a child, via a

17                              computer service, to commit an

18                              unlawful sex act.

19  914.23             2nd      Retaliation against a witness,

20                              victim, or informant, with bodily

21                              injury.

22  943.0435(9)        3rd      Sex offenders; failure to comply

23                              with reporting requirements.

24  944.35(3)(a)2.     3rd      Committing malicious battery upon

25                              or inflicting cruel or inhuman

26                              treatment on an inmate or

27                              offender on community

28                              supervision, resulting in great

29                              bodily harm.

30  944.40             2nd      Escapes.

31

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  1  944.46             3rd      Harboring, concealing, aiding

  2                              escaped prisoners.

  3  944.47(1)(a)5.     2nd      Introduction of contraband

  4                              (firearm, weapon, or explosive)

  5                              into correctional facility.

  6  951.22(1)          3rd      Intoxicating drug, firearm, or

  7                              weapon introduced into county

  8                              facility.

  9         Section 18.  Effective July 1, 2002, paragraph (b) of

10  subsection (3) of section 921.0022, Florida Statutes, as

11  amended by this act, is amended to read:

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

16  Florida           Felony

17  Statute           Degree             Description

18

19

20                              (b)  LEVEL 2

21  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

22                              lbs. in weight or 100 cubic feet

23                              in volume or any quantity for

24                              commercial purposes, or hazardous

25                              waste.

26  517.07             3rd      Registration of securities and

27                              furnishing of prospectus

28                              required.

29  590.28(1)          3rd      Willful, malicious, or

30                              intentional burning.

31

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  1  784.05(3)          3rd      Storing or leaving a loaded

  2                              firearm within reach of minor who

  3                              uses it to inflict injury or

  4                              death.

  5  787.04(1)          3rd      In violation of court order,

  6                              take, entice, etc., minor beyond

  7                              state limits.

  8  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  9                              or more to public communication

10                              or any other public service.

11  810.09(2)(e)       3rd      Trespassing on posted commerical

12                              horticulture property.

13  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $150

14                              $300 or more but less than

15                              $5,000.

16  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

17                              more but less than $300, taken

18                              from unenclosed curtilage of

19                              dwelling.

20  812.015(7)         3rd      Possession, use, or attempted use

21                              of an antishoplifting or

22                              inventory control device

23                              countermeasure.

24  817.234(1)(a)2.    3rd      False statement in support of

25                              insurance claim.

26  817.481(3)(a)      3rd      Obtain credit or purchase with

27                              false, expired, counterfeit,

28                              etc., credit card, value over

29                              $300.

30  817.52(3)          3rd      Failure to redeliver hired

31                              vehicle.

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  1  817.54             3rd      With intent to defraud, obtain

  2                              mortgage note, etc., by false

  3                              representation.

  4  817.60(5)          3rd      Dealing in credit cards of

  5                              another.

  6  817.60(6)(a)       3rd      Forgery; purchase goods, services

  7                              with false card.

  8  817.61             3rd      Fraudulent use of credit cards

  9                              over $100 or more within 6

10                              months.

11  826.04             3rd      Knowingly marries or has sexual

12                              intercourse with person to whom

13                              related.

14  831.01             3rd      Forgery.

15  831.02             3rd      Uttering forged instrument;

16                              utters or publishes alteration

17                              with intent to defraud.

18  831.07             3rd      Forging bank bills, checks,

19                              drafts, or promissory notes.

20  831.08             3rd      Possessing certain forged notes,

21                              bills, checks, or drafts.

22  831.09             3rd      Uttering forged notes, bills,

23                              checks, or drafts.

24  831.11             3rd      Bringing into the state forged

25                              bank bills, checks, drafts, or

26                              notes.

27  831.12             3rd      Fraudulently connecting parts of

28                              genuine instrument.

29  832.05(3)(a)       3rd      Cashing or depositing item with

30                              intent to defraud.

31  843.08             3rd      Falsely impersonating an officer.

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  1  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

  2                              (2)(c)1., (2)(c)2., (2)(c)3.,

  3                              (2)(c)5., (2)(c)6., (2)(c)7.,

  4                              (2)(c)8., (2)(c)9., (3), or (4)

  5                              drugs other than cannabis.

  6  893.147(2)         3rd      Manufacture or delivery of drug

  7                              paraphernalia.

  8         Section 19.  Local task force on retail crime.--The

  9  Legislature encourages local law enforcement agencies to

10  establish a task force on retail crime. The task force should

11  act as an advisory body to study the problem of retail crime

12  and develop recommendations for handling retail crime and

13  theft in an expeditious and uniform manner. The task force

14  should submit its recommendations to the sheriff or chief

15  officer of the local law enforcement agency, the state

16  attorney, and the chief judge of the judicial circuit. The

17  sheriff or chief officer of the local law enforcement agency

18  should appoint the members of the task force. A majority of

19  the membership of the task force should consist of persons

20  actively engaged in a retail business or employees of persons

21  actively engaged in a retail business. The task force should

22  terminate existence upon completing its assignment.

23         Section 20.  If any provision of this act or the

24  applications thereof to any person or circumstance is held

25  invalid, the invalidity does not affect other provisions or

26  applications of the act which can be given effect without the

27  invalid provision or application, and to this end the

28  provisions of this act are declared severable.

29         Section 21.  Except as otherwise expressly provided in

30  this act, this act shall take effect July 1, 2001.

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Decreases from $300 to $150 the value of stolen property
  4    which constitutes the offense of grand theft. Requires
      the Department of Law Enforcement to conduct a media
  5    campaign to increase the public's awareness of such
      change in the law. Increases the penalty for unlawfully
  6    possessing antishoplifting or inventory control device
      countermeasures. Requires that the court order a person's
  7    driver's license to be suspended following an
      adjudication of guilt for certain misdemeanor violations
  8    involving retail theft. Provides penalties for the use of
      a fraudulently obtained or false receipt to request a
  9    refund or obtain merchandise. Prohibits dealing in stolen
      property by use of the Internet. Requires the court to
10    consider a person's complete criminal record in
      sentencing that person for certain property crimes.
11    Prohibits certain activities involving counterfeiting
      checks, drafts, and other payment instruments. See bill
12    for details.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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