Senate Bill sb1100

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    Florida Senate - 2005                                  SB 1100

    By Senator Lynn





    7-772-05

  1                      A bill to be entitled

  2         An act relating to theft; amending s. 812.014,

  3         F.S.; providing that the theft of property that

  4         has been deployed by a law enforcement officer

  5         is grand theft in the first degree; providing

  6         criminal penalties; creating s. 812.0147, F.S.;

  7         providing that it is a second-degree felony to

  8         possess or use a fifth wheel to commit or

  9         attempt to commit theft; providing criminal

10         penalties; amending s. 921.0022, F.S.;

11         classifying the offense of stealing property

12         deployed by a law enforcement officer under the

13         offense severity ranking chart of the Criminal

14         Punishment Code; providing an effective date.

15  

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

17  

18         Section 1.  Paragraph (a) of subsection (2) of section

19  812.014, Florida Statutes, is amended to read:

20         812.014  Theft.--

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

22  or more or has been deployed by a law enforcement officer; or

23         2.  If the property stolen is cargo valued at $50,000

24  or more that has entered the stream of interstate or

25  intrastate commerce from the shipper's loading platform to the

26  consignee's receiving dock; or

27         3.  If the offender commits any grand theft and:

28         a.  In the course of committing the offense the

29  offender uses a motor vehicle as an instrumentality, other

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

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

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    Florida Senate - 2005                                  SB 1100
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 1         b.  In the course of committing the offense the

 2  offender causes damage to the real or personal property of

 3  another in excess of $1,000,

 4  

 5  the offender commits grand theft in the first degree,

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

 7  775.082, s. 775.083, or s. 775.084.

 8         Section 2.  Section 812.0147, Florida Statutes, is

 9  created to read:

10         812.0147  Unlawful possession or use of a fifth

11  wheel.--

12         (1)  A person may not modify, alter, attempt to alter,

13  and if altered, sell, possess, offer for sale, move, or cause

14  to be moved onto the highways of this state a device known as

15  a fifth wheel with the intent to use the fifth wheel to commit

16  or attempt to commit theft. As used in this section, the term

17  "fifth wheel" applies only to a fifth wheel on a heavy

18  commercial motor vehicle.

19         (2)  Any person who violates subsection (1) commits a

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

21  775.082, s. 775.083, or s. 775.084.

22         Section 3.  Paragraph (g) of subsection (3) of section

23  921.0022, Florida Statutes, is amended to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27  

28  Florida           Felony

29  Statute           Degree             Description

30  

31                     

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    Florida Senate - 2005                                  SB 1100
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 1                              (g)  LEVEL 7

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

 3                              to stop; leaving scene.

 4  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 5                              injury.

 6  316.1935(3)(b)     1st      Causing serious bodily injury or

 7                              death to another person; driving

 8                              at high speed or with wanton

 9                              disregard for safety while

10                              fleeing or attempting to elude

11                              law enforcement officer who is in

12                              a patrol vehicle with siren and

13                              lights activated.

14  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

15                              bodily injury.

16  402.319(2)         2nd      Misrepresentation and negligence

17                              or intentional act resulting in

18                              great bodily harm, permanent

19                              disfiguration, permanent

20                              disability, or death.

21  409.920(2)         3rd      Medicaid provider fraud.

22  456.065(2)         3rd      Practicing a health care

23                              profession without a license.

24  456.065(2)         2nd      Practicing a health care

25                              profession without a license

26                              which results in serious bodily

27                              injury.

28  458.327(1)         3rd      Practicing medicine without a

29                              license.

30  459.013(1)         3rd      Practicing osteopathic medicine

31                              without a license.

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 1  460.411(1)         3rd      Practicing chiropractic medicine

 2                              without a license.

 3  461.012(1)         3rd      Practicing podiatric medicine

 4                              without a license.

 5  462.17             3rd      Practicing naturopathy without a

 6                              license.

 7  463.015(1)         3rd      Practicing optometry without a

 8                              license.

 9  464.016(1)         3rd      Practicing nursing without a

10                              license.

11  465.015(2)         3rd      Practicing pharmacy without a

12                              license.

13  466.026(1)         3rd      Practicing dentistry or dental

14                              hygiene without a license.

15  467.201            3rd      Practicing midwifery without a

16                              license.

17  468.366            3rd      Delivering respiratory care

18                              services without a license.

19  483.828(1)         3rd      Practicing as clinical laboratory

20                              personnel without a license.

21  483.901(9)         3rd      Practicing medical physics

22                              without a license.

23  484.013(1)(c)      3rd      Preparing or dispensing optical

24                              devices without a prescription.

25  484.053            3rd      Dispensing hearing aids without a

26                              license.

27  

28  

29  

30  

31  

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 1  494.0018(2)        1st      Conviction of any violation of

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  560.123(8)(b)1.    3rd      Failure to report currency or

 8                              payment instruments exceeding

 9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31  

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 1  782.072            2nd      Killing of a human being by the

 2                              operation of a vessel in a

 3                              reckless manner (vessel

 4                              homicide).

 5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

 6                              causing great bodily harm or

 7                              disfigurement.

 8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.048(7)         3rd      Aggravated stalking; violation of

15                              court order.

16  784.07(2)(d)       1st      Aggravated battery on law

17                              enforcement officer.

18  784.074(1)(a)      1st      Aggravated battery on sexually

19                              violent predators facility staff.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

31                              of s. 790.07(1) or (2).

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 1  790.16(1)          1st      Discharge of a machine gun under

 2                              specified circumstances.

 3  790.165(2)         2nd      Manufacture, sell, possess, or

 4                              deliver hoax bomb.

 5  790.165(3)         2nd      Possessing, displaying, or

 6                              threatening to use any hoax bomb

 7                              while committing or attempting to

 8                              commit a felony.

 9  790.166(3)         2nd      Possessing, selling, using, or

10                              attempting to use a hoax weapon

11                              of mass destruction.

12  790.166(4)         2nd      Possessing, displaying, or

13                              threatening to use a hoax weapon

14                              of mass destruction while

15                              committing or attempting to

16                              commit a felony.

17  796.03             2nd      Procuring any person under 16

18                              years for prostitution.

19  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

20                              victim less than 12 years of age;

21                              offender less than 18 years.

22  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

23                              victim 12 years of age or older

24                              but less than 16 years; offender

25                              18 years or older.

26  806.01(2)          2nd      Maliciously damage structure by

27                              fire or explosive.

28  810.02(3)(a)       2nd      Burglary of occupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

31                              unarmed; no assault or battery.

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 1  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 2                              unarmed; no assault or battery.

 3  812.014(2)(a)1.    1st      Property stolen, valued at

 4                              $100,000 or more or deployed by a

 5                              law enforcement officer; property

 6                              stolen while causing other

 7                              property damage; 1st degree grand

 8                              theft.

 9  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

10                              less than $50,000, grand theft in

11                              2nd degree.

12  812.014(2)(b)3.    2nd      Property stolen, emergency

13                              medical equipment; 2nd degree

14                              grand theft.

15  812.0145(2)(a)     1st      Theft from person 65 years of age

16                              or older; $50,000 or more.

17  812.019(2)         1st      Stolen property; initiates,

18                              organizes, plans, etc., the theft

19                              of property and traffics in

20                              stolen property.

21  812.131(2)(a)      2nd      Robbery by sudden snatching.

22  812.133(2)(b)      1st      Carjacking; no firearm, deadly

23                              weapon, or other weapon.

24  817.234(8)(a)      2nd      Solicitation of motor vehicle

25                              accident victims with intent to

26                              defraud.

27  817.234(9)         2nd      Organizing, planning, or

28                              participating in an intentional

29                              motor vehicle collision.

30  817.234(11)(c)     1st      Insurance fraud; property value

31                              $100,000 or more.

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 1  817.2341(2)(b)&

 2   (3)(b)            1st      Making false entries of material

 3                              fact or false statements

 4                              regarding property values

 5                              relating to the solvency of an

 6                              insuring entity which are a

 7                              significant cause of the

 8                              insolvency of that entity.

 9  825.102(3)(b)      2nd      Neglecting an elderly person or

10                              disabled adult causing great

11                              bodily harm, disability, or

12                              disfigurement.

13  825.103(2)(b)      2nd      Exploiting an elderly person or

14                              disabled adult and property is

15                              valued at $20,000 or more, but

16                              less than $100,000.

17  827.03(3)(b)       2nd      Neglect of a child causing great

18                              bodily harm, disability, or

19                              disfigurement.

20  827.04(3)          3rd      Impregnation of a child under 16

21                              years of age by person 21 years

22                              of age or older.

23  837.05(2)          3rd      Giving false information about

24                              alleged capital felony to a law

25                              enforcement officer.

26  838.015            2nd      Bribery.

27  838.016            2nd      Unlawful compensation or reward

28                              for official behavior.

29  838.021(3)(a)      2nd      Unlawful harm to a public

30                              servant.

31  838.22             2nd      Bid tampering.

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 1  872.06             2nd      Abuse of a dead human body.

 2  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 3                              cocaine (or other drug prohibited

 4                              under s. 893.03(1)(a), (1)(b),

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

 6                              (2)(c)4.) within 1,000 feet of a

 7                              child care facility, school, or

 8                              state, county, or municipal park

 9                              or publicly owned recreational

10                              facility or community center.

11  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

13                              under s. 893.03(1)(a), (1)(b),

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

15                              (2)(c)4., within 1,000 feet of

16                              property used for religious

17                              services or a specified business

18                              site.

19  893.13(4)(a)       1st      Deliver to minor cocaine (or

20                              other s. 893.03(1)(a), (1)(b),

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

22                              (2)(c)4. drugs).

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 25 lbs., less than 2,000

25                              lbs.

26  893.135

27   (1)(b)1.a.        1st      Trafficking in cocaine, more than

28                              28 grams, less than 200 grams.

29  

30  

31  

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 1  893.135

 2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

 6   (1)(d)1.          1st      Trafficking in phencyclidine,

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

 4  896.104(4)(a)1.    3rd      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9         Section 4.  This act shall take effect July 1, 2005.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Provides that stealing property that has been deployed by
      a law enforcement officer is grand theft in the first
14    degree. Prohibits possessing or using a fifth wheel to
      commit or attempt to commit theft. Classifies the offense
15    of stealing property deployed by a law enforcement
      officer under the offense severity ranking chart of the
16    Criminal Punishment Code.

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