Senate Bill sb1100c1
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Florida Senate - 2005 CS for SB 1100
By the Committee on Transportation; and Senator Lynn
596-2260-05
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. 812.155, F.S.; deleting
11 a provision specifying that the prohibition
12 against obtaining personal property or
13 equipment with intent to defraud does not apply
14 to a rental-purchase agreement unless the
15 rental store retains title to the property or
16 equipment throughout the period of the
17 rental-purchase agreement; amending s.
18 921.0022, F.S.; classifying the offense of
19 stealing property deployed by a law enforcement
20 officer under the offense severity ranking
21 chart of the Criminal Punishment Code;
22 reenacting s. 985.227(1)(a), F.S., relating to
23 prosecution of juveniles as adults, in order to
24 incorporate the amendment to s. 812.014, F.S.,
25 in a reference thereto; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (a) of subsection (2) of section
31 812.014, Florida Statutes, is amended to read:
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Florida Senate - 2005 CS for SB 1100
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1 812.014 Theft.--
2 (2)(a)1. If the property stolen is valued at $100,000
3 or more or has been deployed by a law enforcement officer; or
4 2. If the property stolen is cargo valued at $50,000
5 or more that has entered the stream of interstate or
6 intrastate commerce from the shipper's loading platform to the
7 consignee's receiving dock; or
8 3. If the offender commits any grand theft and:
9 a. In the course of committing the offense the
10 offender uses a motor vehicle as an instrumentality, other
11 than merely as a getaway vehicle, to assist in committing the
12 offense and thereby damages the real property of another; or
13 b. In the course of committing the offense the
14 offender causes damage to the real or personal property of
15 another in excess of $1,000,
16
17 the offender commits grand theft in the first degree,
18 punishable as a felony of the first degree, as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 Section 2. Section 812.0147, Florida Statutes, is
21 created to read:
22 812.0147 Unlawful possession or use of a fifth
23 wheel.--
24 (1) A person may not modify, alter, attempt to alter,
25 and if altered, sell, possess, offer for sale, move, or cause
26 to be moved onto the highways of this state a device known as
27 a fifth wheel with the intent to use the fifth wheel to commit
28 or attempt to commit theft. As used in this section, the term
29 "fifth wheel" applies only to a fifth wheel on a heavy
30 commercial motor vehicle.
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1 (2) Any person who violates subsection (1) commits a
2 felony of the second degree, punishable as provided in s.
3 775.082, s. 775.083, or s. 775.084.
4 Section 3. Section 812.155, F.S., is amended to read:
5 812.155 Hiring, leasing, or obtaining personal
6 property or equipment with the intent to defraud; failing to
7 return hired or leased personal property or equipment; rules
8 of evidence.--
9 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
10 ETC.--Whoever, with the intent to defraud the owner or any
11 person lawfully possessing any personal property or equipment,
12 obtains the custody of such personal property or equipment by
13 trick, deceit, or fraudulent or willful false representation
14 shall be guilty of a misdemeanor of the second degree,
15 punishable as provided in s. 775.082 or s. 775.083, unless the
16 value of the personal property or equipment is of a value of
17 $300 or more; in that event the violation constitutes a felony
18 of the third degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 (2) HIRING OR LEASING WITH THE INTENT TO
21 DEFRAUD.--Whoever, with intent to defraud the owner or any
22 person lawfully possessing any personal property or equipment
23 of the rental thereof, hires or leases said personal property
24 or equipment from such owner or such owner's agents or any
25 person in lawful possession thereof shall, upon conviction, be
26 guilty of a misdemeanor of the second degree, punishable as
27 provided in s. 775.082 or s. 775.083, unless the value of the
28 personal property or equipment is of a value of $300 or more;
29 in that event the violation constitutes a felony of the third
30 degree, punishable as provided in s. 775.082, s. 775.083, or
31 s. 775.084.
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Florida Senate - 2005 CS for SB 1100
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1 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
2 PROPERTY.--Whoever, after hiring or leasing any personal
3 property or equipment under an agreement to redeliver the same
4 to the person letting such personal property or equipment or
5 his or her agent at the termination of the period for which it
6 was let, shall, without the consent of such person or persons
7 and with the intent to defraud, abandon or willfully refuse to
8 redeliver such personal property or equipment as agreed,
9 shall, upon conviction, be guilty of a misdemeanor of the
10 second degree, punishable as provided in s. 775.082 or s.
11 775.083, unless the value of the personal property or
12 equipment is of a value of $300 or more; in that event the
13 violation constitutes a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (4) EVIDENCE OF FRAUDULENT INTENT.--
16 (a) In prosecutions under this section, obtaining the
17 property or equipment under false pretenses; absconding
18 without payment; or removing or attempting to remove the
19 property or equipment from the county without the express
20 written consent of the lessor, is prima facie evidence of
21 fraudulent intent.
22 (b) In a prosecution under subsection (3), failure to
23 redeliver the property or equipment within 5 days after
24 receipt of, or within 5 days after return receipt from, the
25 certified mailing of the demand for return is prima facie
26 evidence of fraudulent intent. Notice mailed by certified
27 mail, return receipt requested, to the address given by the
28 renter at the time of rental shall be deemed sufficient and
29 equivalent to notice having been received by the renter,
30 should the notice be returned undelivered.
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1 (c) In a prosecution under subsection (3), failure to
2 pay any amount due which is incurred as the result of the
3 failure to redeliver property after the rental period expires,
4 and after the demand for return is made, is prima facie
5 evidence of fraudulent intent. Amounts due include unpaid
6 rental for the time period during which the property or
7 equipment was not returned and include the lesser of the cost
8 of repairing or replacing the property or equipment if it has
9 been damaged.
10 (5) DEMAND FOR RETURN.--Demand for return of overdue
11 property or equipment and for payment of amounts due may be
12 made in person, by hand delivery, or by certified mail, return
13 receipt requested, addressed to the lessee's address shown in
14 the rental contract.
15 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
16 under this section, the following statement must be contained
17 in the agreement under which the owner or person lawfully
18 possessing the property or equipment has relinquished its
19 custody, or in an addendum to that agreement, and the
20 statement must be initialed by the person hiring or leasing
21 the rental property or equipment:
22
23 Failure to return rental property or equipment
24 upon expiration of the rental period and
25 failure to pay all amounts due (including costs
26 for damage to the property or equipment) are
27 prima facie evidence of intent to defraud,
28 punishable in accordance with section 812.155,
29 Florida Statutes.
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1 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
2 section does not apply to personal property or equipment that
3 is the subject of a rental-purchase agreement that permits the
4 lessee to acquire ownership of the personal property or
5 equipment unless the rental store retains title to the
6 personal property or equipment throughout the rental-purchase
7 agreement period.
8 Section 4. Paragraph (g) of subsection (3) of section
9 921.0022, Florida Statutes, is amended to read:
10 921.0022 Criminal Punishment Code; offense severity
11 ranking chart.--
12 (3) OFFENSE SEVERITY RANKING CHART
13
14 Florida Felony
15 Statute Degree Description
16
17
18 (g) LEVEL 7
19 316.027(1)(b) 2nd Accident involving death, failure
20 to stop; leaving scene.
21 316.193(3)(c)2. 3rd DUI resulting in serious bodily
22 injury.
23 316.1935(3)(b) 1st Causing serious bodily injury or
24 death to another person; driving
25 at high speed or with wanton
26 disregard for safety while
27 fleeing or attempting to elude
28 law enforcement officer who is in
29 a patrol vehicle with siren and
30 lights activated.
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1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
2 bodily injury.
3 402.319(2) 2nd Misrepresentation and negligence
4 or intentional act resulting in
5 great bodily harm, permanent
6 disfiguration, permanent
7 disability, or death.
8 409.920(2) 3rd Medicaid provider fraud.
9 456.065(2) 3rd Practicing a health care
10 profession without a license.
11 456.065(2) 2nd Practicing a health care
12 profession without a license
13 which results in serious bodily
14 injury.
15 458.327(1) 3rd Practicing medicine without a
16 license.
17 459.013(1) 3rd Practicing osteopathic medicine
18 without a license.
19 460.411(1) 3rd Practicing chiropractic medicine
20 without a license.
21 461.012(1) 3rd Practicing podiatric medicine
22 without a license.
23 462.17 3rd Practicing naturopathy without a
24 license.
25 463.015(1) 3rd Practicing optometry without a
26 license.
27 464.016(1) 3rd Practicing nursing without a
28 license.
29 465.015(2) 3rd Practicing pharmacy without a
30 license.
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1 466.026(1) 3rd Practicing dentistry or dental
2 hygiene without a license.
3 467.201 3rd Practicing midwifery without a
4 license.
5 468.366 3rd Delivering respiratory care
6 services without a license.
7 483.828(1) 3rd Practicing as clinical laboratory
8 personnel without a license.
9 483.901(9) 3rd Practicing medical physics
10 without a license.
11 484.013(1)(c) 3rd Preparing or dispensing optical
12 devices without a prescription.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.048(7) 3rd Aggravated stalking; violation of
31 court order.
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1 784.07(2)(d) 1st Aggravated battery on law
2 enforcement officer.
3 784.074(1)(a) 1st Aggravated battery on sexually
4 violent predators facility staff.
5 784.08(2)(a) 1st Aggravated battery on a person 65
6 years of age or older.
7 784.081(1) 1st Aggravated battery on specified
8 official or employee.
9 784.082(1) 1st Aggravated battery by detained
10 person on visitor or other
11 detainee.
12 784.083(1) 1st Aggravated battery on code
13 inspector.
14 790.07(4) 1st Specified weapons violation
15 subsequent to previous conviction
16 of s. 790.07(1) or (2).
17 790.16(1) 1st Discharge of a machine gun under
18 specified circumstances.
19 790.165(2) 2nd Manufacture, sell, possess, or
20 deliver hoax bomb.
21 790.165(3) 2nd Possessing, displaying, or
22 threatening to use any hoax bomb
23 while committing or attempting to
24 commit a felony.
25 790.166(3) 2nd Possessing, selling, using, or
26 attempting to use a hoax weapon
27 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more or deployed by a
25 law enforcement officer; property
26 stolen while causing other
27 property damage; 1st degree grand
28 theft.
29 812.014(2)(b)2. 2nd Property stolen, cargo valued at
30 less than $50,000, grand theft in
31 2nd degree.
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1 812.014(2)(b)3. 2nd Property stolen, emergency
2 medical equipment; 2nd degree
3 grand theft.
4 812.0145(2)(a) 1st Theft from person 65 years of age
5 or older; $50,000 or more.
6 812.019(2) 1st Stolen property; initiates,
7 organizes, plans, etc., the theft
8 of property and traffics in
9 stolen property.
10 812.131(2)(a) 2nd Robbery by sudden snatching.
11 812.133(2)(b) 1st Carjacking; no firearm, deadly
12 weapon, or other weapon.
13 817.234(8)(a) 2nd Solicitation of motor vehicle
14 accident victims with intent to
15 defraud.
16 817.234(9) 2nd Organizing, planning, or
17 participating in an intentional
18 motor vehicle collision.
19 817.234(11)(c) 1st Insurance fraud; property value
20 $100,000 or more.
21 817.2341(2)(b)&
22 (3)(b) 1st Making false entries of material
23 fact or false statements
24 regarding property values
25 relating to the solvency of an
26 insuring entity which are a
27 significant cause of the
28 insolvency of that entity.
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.103(2)(b) 2nd Exploiting an elderly person or
6 disabled adult and property is
7 valued at $20,000 or more, but
8 less than $100,000.
9 827.03(3)(b) 2nd Neglect of a child causing great
10 bodily harm, disability, or
11 disfigurement.
12 827.04(3) 3rd Impregnation of a child under 16
13 years of age by person 21 years
14 of age or older.
15 837.05(2) 3rd Giving false information about
16 alleged capital felony to a law
17 enforcement officer.
18 838.015 2nd Bribery.
19 838.016 2nd Unlawful compensation or reward
20 for official behavior.
21 838.021(3)(a) 2nd Unlawful harm to a public
22 servant.
23 838.22 2nd Bid tampering.
24 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility, school, or
7 state, county, or municipal park
8 or publicly owned recreational
9 facility or community center.
10 893.13(1)(e)1. 1st Sell, manufacture, or deliver
11 cocaine or other drug prohibited
12 under s. 893.03(1)(a), (1)(b),
13 (1)(d), (2)(a), (2)(b), or
14 (2)(c)4., within 1,000 feet of
15 property used for religious
16 services or a specified business
17 site.
18 893.13(4)(a) 1st Deliver to minor cocaine (or
19 other s. 893.03(1)(a), (1)(b),
20 (1)(d), (2)(a), (2)(b), or
21 (2)(c)4. drugs).
22 893.135(1)(a)1. 1st Trafficking in cannabis, more
23 than 25 lbs., less than 2,000
24 lbs.
25 893.135
26 (1)(b)1.a. 1st Trafficking in cocaine, more than
27 28 grams, less than 200 grams.
28 893.135
29 (1)(c)1.a. 1st Trafficking in illegal drugs,
30 more than 4 grams, less than 14
31 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 5. For the purpose of incorporating the
7 amendment to section 812.014, Florida Statutes, in a reference
8 thereto, paragraph (a) of subsection (1) of section 985.227,
9 Florida Statutes, is reenacted to read:
10 985.227 Prosecution of juveniles as adults by the
11 direct filing of an information in the criminal division of
12 the circuit court; discretionary criteria; mandatory
13 criteria.--
14 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
15 (a) With respect to any child who was 14 or 15 years
16 of age at the time the alleged offense was committed, the
17 state attorney may file an information when in the state
18 attorney's judgment and discretion the public interest
19 requires that adult sanctions be considered or imposed and
20 when the offense charged is for the commission of, attempt to
21 commit, or conspiracy to commit:
22 1. Arson;
23 2. Sexual battery;
24 3. Robbery;
25 4. Kidnapping;
26 5. Aggravated child abuse;
27 6. Aggravated assault;
28 7. Aggravated stalking;
29 8. Murder;
30 9. Manslaughter;
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1 10. Unlawful throwing, placing, or discharging of a
2 destructive device or bomb;
3 11. Armed burglary in violation of s. 810.02(2)(b) or
4 specified burglary of a dwelling or structure in violation of
5 s. 810.02(2)(c), or burglary with an assault or battery in
6 violation of s. 810.02(2)(a);
7 12. Aggravated battery;
8 13. Any lewd or lascivious offense committed upon or
9 in the presence of a person less than 16 years of age;
10 14. Carrying, displaying, using, threatening, or
11 attempting to use a weapon or firearm during the commission of
12 a felony;
13 15. Grand theft in violation of s. 812.014(2)(a);
14 16. Possessing or discharging any weapon or firearm on
15 school property in violation of s. 790.115;
16 17. Home invasion robbery;
17 18. Carjacking; or
18 19. Grand theft of a motor vehicle in violation of s.
19 812.014(2)(c)6. or grand theft of a motor vehicle valued at
20 $20,000 or more in violation of s. 812.014(2)(b) if the child
21 has a previous adjudication for grand theft of a motor vehicle
22 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
23 Section 6. This act shall take effect July 1, 2005.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 1100
27
28 This CS deletes s. 812.155(7), F.S., which excluded
prosecution in rental-purchase arrangements where there was
29 fraud, trickery, or false representation by the lessee.
Additionally, this CS reenacts s. 985.227, F.S., for the
30 purpose of incorporating the amendment to s. 812.014, F.S., by
reference.
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