HB 0177 2004
1	A bill to be entitled
2	An act relating to cargo theft; reenacting s. 812.014(1)
3	and (2), F.S., relating to theft; amending s. 921.0022,
4	F.S.; reclassifying the offenses of cargo theft of the
5	first degree and cargo theft of the second degree under
6	the offense severity ranking chart of the Criminal
7	Punishment Code to increase the penalties imposed for any
8	such offense; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Subsections (1) and (2) of section 812.014,
13	Florida Statutes, are reenacted to read:
14	812.014 Theft.--
15	(1) A person commits theft if he or she knowingly obtains
16	or uses, or endeavors to obtain or to use, the property of
17	another with intent to, either temporarily or permanently:
18	(a) Deprive the other person of a right to the property or
19	a benefit from the property.
20	(b) Appropriate the property to his or her own use or to
21	the use of any person not entitled to the use of the property.
22	(2)(a)1. If the property stolen is valued at $100,000 or
23	more; or
24	2. If the property stolen is cargo valued at $50,000 or
25	more that has entered the stream of interstate or intrastate
26	commerce from the shipper's loading platform to the consignee's
27	receiving dock; or
28	3. If the offender commits any grand theft and:
29	a. In the course of committing the offense the offender
30	uses a motor vehicle as an instrumentality, other than merely as
31	a getaway vehicle, to assist in committing the offense and
32	thereby damages the real property of another; or
33	b. In the course of committing the offense the offender
34	causes damage to the real or personal property of another in
35	excess of $1,000,
36
37	the offender commits grand theft in the first degree, punishable
38	as a felony of the first degree, as provided in s. 775.082, s.
39	775.083, or s. 775.084.
40	(b)1. If the property stolen is valued at $20,000 or more,
41	but less than $100,000;
42	2. The property stolen is cargo valued at less than
43	$50,000 that has entered the stream of interstate or intrastate
44	commerce from the shipper's loading platform to the consignee's
45	receiving dock; or
46	3. The property stolen is emergency medical equipment,
47	valued at $300 or more, that is taken from a facility licensed
48	under chapter 395 or from an aircraft or vehicle permitted under
49	chapter 401,
50
51	the offender commits grand theft in the second degree,
52	punishable as a felony of the second degree, as provided in s.
53	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
54	means mechanical or electronic apparatus used to provide
55	emergency services and care as defined in s. 395.002(10) or to
56	treat medical emergencies.
57	(c) It is grand theft of the third degree and a felony of
58	the third degree, punishable as provided in s. 775.082, s.
59	775.083, or s. 775.084, if the property stolen is:
60	1. Valued at $300 or more, but less than $5,000.
61	2. Valued at $5,000 or more, but less than $10,000.
62	3. Valued at $10,000 or more, but less than $20,000.
63	4. A will, codicil, or other testamentary instrument.
64	5. A firearm.
65	6. A motor vehicle, except as provided in paragraph
66	(2)(a).
67	7. Any commercially farmed animal, including any animal of
68	the equine, bovine, or swine class, or other grazing animal, and
69	including aquaculture species raised at a certified aquaculture
70	facility. If the property stolen is aquaculture species raised
71	at a certified aquaculture facility, then a $10,000 fine shall
72	be imposed.
73	8. Any fire extinguisher.
74	9. Any amount of citrus fruit consisting of 2,000 or more
75	individual pieces of fruit.
76	10. Taken from a designated construction site identified
77	by the posting of a sign as provided for in s. 810.09(2)(d).
78	11. Any stop sign.
79	12. Anyhydrous ammonia.
80	(d) It is grand theft of the third degree and a felony of
81	the third degree, punishable as provided in s. 775.082, s.
82	775.083, or s. 775.084, if the property stolen is valued at $100
83	or more, but less than $300, and is taken from a dwelling as
84	defined in s. 810.011(2) or from the unenclosed curtilage of a
85	dwelling pursuant to s. 810.09(1).
86	(e) Except as provided in paragraph (d), if the property
87	stolen is valued at $100 or more, but less than $300, the
88	offender commits petit theft of the first degree, punishable as
89	a misdemeanor of the first degree, as provided in s. 775.082 or
90	s. 775.083.
91	Section 2. Paragraphs (f), (g), and (h) of subsection (3)
92	of section 921.0022, Florida Statutes, are amended to read:
93	921.0022 Criminal Punishment Code; offense severity
94	ranking chart.--
95	(3) OFFENSE SEVERITY RANKING CHART
96
97	Florida Felony
98	Statute Degree Description
99	(f) LEVEL 6
100	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
101	499.0051(3) 2nd Forgery of pedigree papers.
102	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
103	499.0051(5) 2nd Sale of legend drug to unauthorized person.
104	775.0875(1) 3rd Taking firearm from law enforcement officer.
105	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
106	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
107	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
108	784.041 3rd Felony battery.
109	784.048(3) 3rd Aggravated stalking; credible threat.
110	784.048(5) 3rd Aggravated stalking of person under 16.
111	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
112	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
113	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
114	784.081(2) 2nd Aggravated assault on specified official or employee.
115	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
116	784.083(2) 2nd Aggravated assault on code inspector.
117	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
118	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
119	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
120	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
121	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
122	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
123	794.05(1) 2nd Unlawful sexual activity with specified minor.
124	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
125	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
126	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
127	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
128	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
129	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
130	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
131	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
132	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
133	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
134	825.102(1) 3rd Abuse of an elderly person or disabled adult.
135	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
136	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
137	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
138	827.03(1) 3rd Abuse of a child.
139	827.03(3)(c) 3rd Neglect of a child.
140	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
141	836.05 2nd Threats; extortion.
142	836.10 2nd Written threats to kill or do bodily injury.
143	843.12 3rd Aids or assists person to escape.
144	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
145	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
146	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
147	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
148	944.40 2nd Escapes.
149	944.46 3rd Harboring, concealing, aiding escaped prisoners.
150	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
151	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
152	(g) LEVEL 7
153	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
154	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
155	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
156	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
157	409.920(2) 3rd Medicaid provider fraud.
158	456.065(2) 3rd Practicing a health care profession without a license.
159	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
160	458.327(1) 3rd Practicing medicine without a license.
161	459.013(1) 3rd Practicing osteopathic medicine without a license.
162	460.411(1) 3rd Practicing chiropractic medicine without a license.
163	461.012(1) 3rd Practicing podiatric medicine without a license.
164	462.17 3rd Practicing naturopathy without a license.
165	463.015(1) 3rd Practicing optometry without a license.
166	464.016(1) 3rd Practicing nursing without a license.
167	465.015(2) 3rd Practicing pharmacy without a license.
168	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
169	467.201 3rd Practicing midwifery without a license.
170	468.366 3rd Delivering respiratory care services without a license.
171	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
172	483.901(9) 3rd Practicing medical physics without a license.
173	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
174	484.053 3rd Dispensing hearing aids without a license.
175	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
176	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
177	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
178	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
179	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
180	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
181	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
182	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
183	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
184	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
185	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
186	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
187	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
188	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
189	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
190	784.081(1) 1st Aggravated battery on specified official or employee.
191	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
192	784.083(1) 1st Aggravated battery on code inspector.
193	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
194	790.16(1) 1st Discharge of a machine gun under specified circumstances.
195	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
196	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
197	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
198	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
199	796.03 2nd Procuring any person under 16 years for prostitution.
200	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
201	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
202	806.01(2) 2nd Maliciously damage structure by fire or explosive.
203	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
204	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
205	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
206	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
207	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
208	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
209	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
210	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
211	812.131(2)(a) 2nd Robbery by sudden snatching.
212	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
213	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
214	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
215	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
216	817.2341(2)(b)& (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
217	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
218	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
219	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
220	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
221	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
222	838.015 2nd Bribery.
223	838.016 2nd Unlawful compensation or reward for official behavior.
224	838.021(3)(a) 2nd Unlawful harm to a public servant.
225	838.22 2nd Bid tampering.
226	872.06 2nd Abuse of a dead human body.
227	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
228	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
229	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a),(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
230	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
231	893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
232	893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
233	893.135 (1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
234	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
235	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
236	893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
237	893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
238	893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
239	893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
240	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
241	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
242	(h) LEVEL 8
243	316.193 (3)(c)3.a. 2nd DUI manslaughter.
244	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
245	499.0051(7) 1st Forgery of prescription or legend drug labels.
246	499.0052 1st Trafficking in contraband legend drugs.
247	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
248	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
249	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
250	777.03(2)(a) 1st Accessory after the fact, capital felony.
251	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
252	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
253	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
254	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
255	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
256	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
257	800.04(4) 2nd Lewd or lascivious battery.
258	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
259	810.02(2)(a) 1st,PBL Burglary with assault or battery.
260	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
261	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
262	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
263	812.13(2)(b) 1st Robbery with a weapon.
264	812.135(2) 1st Home-invasion robbery.
265	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
266	825.102(2) 2nd Aggravated abuse of an elderly person or disabled adult.
267	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
268	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
269	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
270	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
271	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
272	860.16 1st Aircraft piracy.
273	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
274	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
275	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
276	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
277	893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
278	893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
279	893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
280	893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
281	893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
282	893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
283	893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
284	893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
285	893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
286	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
287	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
288	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
289	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
290	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
291	Section 3. This act shall take effect July 1, 2004.