House Bill hb0835

    Florida House of Representatives - 2002                 HB 835

        By Representative Gardiner






  1                      A bill to be entitled

  2         An act relating to theft; creating s. 812.0145,

  3         F.S.; providing enhanced criminal penalties for

  4         theft from persons age 65 or older; requiring

  5         restitution and community service for theft

  6         from said persons; providing an effective date.

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

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10         Section 1.  Section 812.0145, Florida Statutes, is

11  created to read:

12         812.0145  Theft from persons 65 years of age or older;

13  reclassification of offenses.--

14         (1)  A person who is convicted of theft of more than

15  $1,000 from a person 65 years of age or older shall be ordered

16  by the sentencing judge to make restitution to the victim of

17  such offense and to perform up to 500 hours of community

18  service work.  Restitution and community service work shall be

19  in addition to any fine or sentence which may be imposed and

20  shall not be in lieu thereof.

21         (2)  Whenever a person is charged with committing theft

22  from a person 65 years of age or older, regardless of whether

23  he or she knows or has reason to know the age of the victim,

24  the offense for which the person is charged shall be

25  reclassified as follows:

26         (a)  If the funds, assets, or property involved in the

27  theft from a person 65 years of age or older is valued at

28  $50,000 or more, the offender commits a felony of the first

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 835

    762-112B-02






  1         (b)  If the funds, assets, or property involved in the

  2  theft from a person 65 years of age or older is valued at

  3  $10,000 or more, but less than $50,000, the offender commits a

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

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

  6         (c)  If the funds, assets, or property involved in the

  7  theft from a person 65 years of age or older is valued at less

  8  than $10,000, the offender commits a felony of the third

  9  degree, punishable as provided in s. 775.082, s. 775.083, or

10  s. 775.084.

11         Section 2.  This act shall take effect October 1, 2002.

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14                          HOUSE SUMMARY

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      Provides enhanced criminal penalties for theft from
16    persons age 65 or older. Requires restitution and
      community service for theft from said persons.
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CODING: Words stricken are deletions; words underlined are additions.