| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to theft; amending s. 812.014, F.S.; |
| 7 | providing that the theft of a semitrailer that was |
| 8 | deployed by a law enforcement officer is grand theft in |
| 9 | the first degree; providing criminal penalties; creating |
| 10 | s. 812.0147, F.S.; providing that it is a second-degree |
| 11 | felony to alter, possess, or use a fifth wheel to commit |
| 12 | or attempt to commit theft; providing criminal penalties; |
| 13 | amending s. 812.155, F.S.; deleting a provision specifying |
| 14 | that the prohibition against obtaining personal property |
| 15 | or equipment with intent to defraud does not apply to a |
| 16 | rental-purchase agreement unless the rental store retains |
| 17 | title to the property or equipment throughout the period |
| 18 | of the rental-purchase agreement; amending s. 921.0022, |
| 19 | F.S.; classifying the offense of stealing a semitrailer |
| 20 | deployed by a law enforcement officer under the offense |
| 21 | severity ranking chart of the Criminal Punishment Code; |
| 22 | reenacting s. 985.227(1)(a), F.S., relating to prosecution |
| 23 | of juveniles as adults, in order to incorporate the |
| 24 | amendment to s. 812.014, F.S., in a reference thereto; |
| 25 | providing an effective date. |
| 26 |
|
| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
|
| 29 | Section 1. Paragraph (a) of subsection (2) of section |
| 30 | 812.014, Florida Statutes, is amended to read: |
| 31 | 812.014 Theft.-- |
| 32 | (2)(a)1. If the property stolen is valued at $100,000 or |
| 33 | more or is a semitrailer that was deployed by a law enforcement |
| 34 | officer; or |
| 35 | 2. If the property stolen is cargo valued at $50,000 or |
| 36 | more that has entered the stream of interstate or intrastate |
| 37 | commerce from the shipper's loading platform to the consignee's |
| 38 | receiving dock; or |
| 39 | 3. If the offender commits any grand theft and: |
| 40 | a. In the course of committing the offense the offender |
| 41 | uses a motor vehicle as an instrumentality, other than merely as |
| 42 | a getaway vehicle, to assist in committing the offense and |
| 43 | thereby damages the real property of another; or |
| 44 | b. In the course of committing the offense the offender |
| 45 | causes damage to the real or personal property of another in |
| 46 | excess of $1,000, |
| 47 |
|
| 48 | the offender commits grand theft in the first degree, punishable |
| 49 | as a felony of the first degree, as provided in s. 775.082, s. |
| 50 | 775.083, or s. 775.084. |
| 51 | Section 2. Section 812.0147, Florida Statutes, is created |
| 52 | to read: |
| 53 | 812.0147 Unlawful possession or use of a fifth wheel.-- |
| 54 | (1) A person may not modify, alter, or attempt to alter, |
| 55 | and if altered, sell, possess, offer for sale, move, or cause to |
| 56 | be moved onto the highways of this state, a device known as a |
| 57 | fifth wheel with the intent to use the fifth wheel to commit or |
| 58 | attempt to commit theft. As used in this section, the term |
| 59 | "fifth wheel" applies only to a fifth wheel on a semitrailer. |
| 60 | (2) Any person who violates subsection (1) commits a |
| 61 | felony of the second degree, punishable as provided in s. |
| 62 | 775.082, s. 775.083, or s. 775.084. |
| 63 | Section 3. Subsection (7) of section 812.155, Florida |
| 64 | Statutes, is amended to read: |
| 65 | 812.155 Hiring, leasing, or obtaining personal property or |
| 66 | equipment with the intent to defraud; failing to return hired or |
| 67 | leased personal property or equipment; rules of evidence.-- |
| 68 | (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This section |
| 69 | does not apply to personal property or equipment that is the |
| 70 | subject of a rental-purchase agreement that permits the lessee |
| 71 | to acquire ownership of the personal property or equipment |
| 72 | unless the rental store retains title to the personal property |
| 73 | or equipment throughout the rental-purchase agreement period. |
| 74 | Section 4. Paragraph (g) of subsection (3) of section |
| 75 | 921.0022, Florida Statutes, is amended to read: |
| 76 | 921.0022 Criminal Punishment Code; offense severity |
| 77 | ranking chart.-- |
| 78 | (3) OFFENSE SEVERITY RANKING CHART |
| 79 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 80 |
|
| | |
| 81 |
|
| | | 316.027(1)(b) | 2nd | Accident involving death, failure to stop; leaving scene. |
|
| 82 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 83 |
|
| | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 84 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 85 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 86 |
|
| | | 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 87 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 88 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 89 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 90 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 91 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 92 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 93 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 94 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 95 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 96 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 97 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 98 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 99 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 100 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 101 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 102 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 103 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 104 |
|
| | | 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. |
|
| 105 |
|
| | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 106 |
|
| | | 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 107 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 108 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 109 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 110 |
|
| | | 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 111 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 112 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 113 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 114 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 115 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 116 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 117 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 118 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 119 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 120 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 121 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 122 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 123 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 124 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 125 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 126 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 127 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 128 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 129 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 130 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 131 |
|
| | | 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. |
|
| 132 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 133 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 134 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 135 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 136 |
|
| | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
|
| 137 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 138 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 139 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 140 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 141 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 142 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 143 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 144 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 145 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 146 |
|
| | | 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. |
|
| 147 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 148 |
|
| | | 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. |
|
| 149 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 150 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 151 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 152 |
|
| | |
| 153 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 154 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 155 |
|
| | |
| 156 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 157 |
|
| | | 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. |
|
| 158 |
|
| | | 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. |
|
| 159 |
|
| | | 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). |
|
| 160 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 161 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 162 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 163 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 164 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 165 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 166 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 167 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 168 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 169 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 170 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 171 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 172 |
|
| 173 | Section 5. For the purpose of incorporating the amendment |
| 174 | to section 812.014, Florida Statutes, in a reference thereto, |
| 175 | paragraph (a) of subsection (1) of section 985.227, Florida |
| 176 | Statutes, is reenacted to read: |
| 177 | 985.227 Prosecution of juveniles as adults by the direct |
| 178 | filing of an information in the criminal division of the circuit |
| 179 | court; discretionary criteria; mandatory criteria.-- |
| 180 | (1) DISCRETIONARY DIRECT FILE; CRITERIA.-- |
| 181 | (a) With respect to any child who was 14 or 15 years of |
| 182 | age at the time the alleged offense was committed, the state |
| 183 | attorney may file an information when in the state attorney's |
| 184 | judgment and discretion the public interest requires that adult |
| 185 | sanctions be considered or imposed and when the offense charged |
| 186 | is for the commission of, attempt to commit, or conspiracy to |
| 187 | commit: |
| 188 | 1. Arson; |
| 189 | 2. Sexual battery; |
| 190 | 3. Robbery; |
| 191 | 4. Kidnapping; |
| 192 | 5. Aggravated child abuse; |
| 193 | 6. Aggravated assault; |
| 194 | 7. Aggravated stalking; |
| 195 | 8. Murder; |
| 196 | 9. Manslaughter; |
| 197 | 10. Unlawful throwing, placing, or discharging of a |
| 198 | destructive device or bomb; |
| 199 | 11. Armed burglary in violation of s. 810.02(2)(b) or |
| 200 | specified burglary of a dwelling or structure in violation of s. |
| 201 | 810.02(2)(c), or burglary with an assault or battery in |
| 202 | violation of s. 810.02(2)(a); |
| 203 | 12. Aggravated battery; |
| 204 | 13. Any lewd or lascivious offense committed upon or in |
| 205 | the presence of a person less than 16 years of age; |
| 206 | 14. Carrying, displaying, using, threatening, or |
| 207 | attempting to use a weapon or firearm during the commission of a |
| 208 | felony; |
| 209 | 15. Grand theft in violation of s. 812.014(2)(a); |
| 210 | 16. Possessing or discharging any weapon or firearm on |
| 211 | school property in violation of s. 790.115; |
| 212 | 17. Home invasion robbery; |
| 213 | 18. Carjacking; or |
| 214 | 19. Grand theft of a motor vehicle in violation of s. |
| 215 | 812.014(2)(c)6. or grand theft of a motor vehicle valued at |
| 216 | $20,000 or more in violation of s. 812.014(2)(b) if the child |
| 217 | has a previous adjudication for grand theft of a motor vehicle |
| 218 | in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b). |
| 219 | Section 6. This act shall take effect July 1, 2005. |