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
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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.
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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).
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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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Florida Senate - 2005 SB 1100
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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.
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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.
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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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