Senate Bill sb0846

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    Florida Senate - 2001                                   SB 846

    By Senator Campbell





    33-701-01

  1                      A bill to be entitled

  2         An act relating to felony offenses; amending s.

  3         316.1935, F.S.; providing an enhanced penalty

  4         for the offense of fleeing or eluding a law

  5         enforcement officer if, in the course of the

  6         violation, the defendant causes serious bodily

  7         injury to another; amending s. 812.014, F.S.;

  8         providing an enhanced penalty for the offense

  9         of motor vehicle theft if the defendant has

10         more than a specified number of prior

11         convictions for such offense; amending s.

12         812.16, F.S.; increasing the penalty for the

13         offense of operating a chop shop; providing an

14         effective date.

15

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

17

18         Section 1.  Subsections (3) and (5) of section

19  316.1935, Florida Statutes, are amended to read:

20         316.1935  Fleeing or attempting to elude a law

21  enforcement officer; aggravated fleeing and eluding.--

22         (3)(a)  Any person who willfully flees or attempts to

23  elude a law enforcement officer in an authorized law

24  enforcement patrol vehicle with agency insignia and other

25  jurisdictional markings prominently displayed on the vehicle

26  with siren and lights activated, and during the course of the

27  fleeing or attempted eluding drives at high speed, or in any

28  manner which demonstrates a wanton disregard for the safety of

29  persons or property commits a felony of the second degree,

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

31  775.084.

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    Florida Senate - 2001                                   SB 846
    33-701-01




  1         (b)  A person who in the course of a violation of

  2  paragraph (a) causes serious bodily injury to another commits

  3  aggravated fleeing or eluding of a law enforcement officer, a

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

  5  775.082, s. 775.083, or s. 775.084.

  6         (5)  The court may revoke, for a period not to exceed 1

  7  year, the driver's license of any operator of a motor vehicle

  8  convicted of a violation of this section subsection (1),

  9  subsection (2), subsection (3), or subsection (4).

10         Section 2.  Subsection (1) of section 812.014, Florida

11  Statutes, is reenacted, and paragraphs (b) and (c) of

12  subsection (2) of that section are amended to read:

13         812.014  Theft.--

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

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

16  property of another with intent to, either temporarily or

17  permanently:

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

19  property or a benefit from the property.

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

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

22  property.

23         (2)

24         (b)  If the property stolen:

25         1.  Is valued at $20,000 or more, but less than

26  $100,000, the offender commits grand theft in the second

27  degree, punishable as a felony of the second degree, as

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

29         2.  Is a motor vehicle and the offender has previously

30  been convicted two or more times of grand theft of a motor

31  vehicle, the offender commits grand theft of a motor vehicle

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    Florida Senate - 2001                                   SB 846
    33-701-01




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

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

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

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

  5  775.083, or s. 775.084, if the property stolen is:

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

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

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

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

10         5.  A firearm.

11         6.  A motor vehicle, except as provided in subsection

12  (2) paragraph (2)(a).

13         7.  Any commercially farmed animal, including any

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

15  animal, and including aquaculture species raised at a

16  certified aquaculture facility.  If the property stolen is

17  aquaculture species raised at a certified aquaculture

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

19         8.  Any fire extinguisher.

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

21  more individual pieces of fruit.

22         10.  Taken from a designated construction site

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

24  810.09(2)(d).

25         11.  Any stop sign.

26         Section 3.  Subsection (2) of section 812.16, Florida

27  Statutes, is amended to read:

28         812.16  Operating chop shops; definitions; penalties;

29  restitution; forfeiture.--

30         (2)  Any person who knowingly owns, operates, or

31  conducts a chop shop or who knowingly aids and abets another

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    Florida Senate - 2001                                   SB 846
    33-701-01




  1  person in owning, operating, or conducting a chop shop is

  2  guilty of a felony of the second third degree, punishable as

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

  4         Section 4.  This act shall take effect July 1, 2001.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Provides that the offense of fleeing or eluding a law
      enforcement officer is a first-degree felony rather than
  9    a second-degree felony if, in the course of the
      violation, the defendant causes serious bodily injury to
10    another. Provides that motor vehicle theft is grand
      theft, a second-degree felony, if the defendant has been
11    convicted two or more times of motor vehicle theft.
      Increases the penalty for the offense of operating a chop
12    shop from a third-degree felony to a second-degree
      felony.
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