Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1328
Barcode 253244
CHAMBER ACTION
Senate House
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1 Comm: 1/FAV .
03/29/2006 12:51 PM .
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11 The Committee on Commerce and Consumer Services (Lynn)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
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 is a semitrailer that was deployed by a law
23 enforcement officer; or
24 2. If the property stolen is cargo valued at $50,000
25 or more that has entered the stream of interstate or
26 intrastate commerce from the shipper's loading platform to the
27 consignee's receiving dock; or
28 3. If the offender commits any grand theft and:
29 a. In the course of committing the offense the
30 offender uses a motor vehicle as an instrumentality, other
31 than merely as a getaway vehicle, to assist in committing the
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 offense and thereby damages the real property of another; or
2 b. In the course of committing the offense the
3 offender causes damage to the real or personal property of
4 another in excess of $1,000,
5
6 the offender commits grand theft in the first degree,
7 punishable as a felony of the first degree, as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 Section 2. Section 812.0147, Florida Statutes, is
10 created to read:
11 812.0147 Unlawful possession or use of a fifth
12 wheel.--
13 (1) A person may not modify, alter, attempt to alter,
14 and if altered, sell, possess, offer for sale, move, or cause
15 to be moved onto the highways of this state a device known as
16 a fifth wheel with the intent to use the fifth wheel to commit
17 or attempt to commit theft. As used in this section, the term
18 "fifth wheel" applies only to a fifth wheel on a commercial
19 motor vehicle.
20 (2) Any person who violates subsection (1) commits a
21 felony of the second degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 Section 3. Section 812.155, Florida Statutes, is
24 amended to read:
25 812.155 Hiring, leasing, or obtaining personal
26 property or equipment with the intent to defraud; failing to
27 return hired or leased personal property or equipment; rules
28 of evidence.--
29 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
30 ETC.--Whoever, with the intent to defraud the owner or any
31 person lawfully possessing any personal property or equipment,
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1 obtains the custody of such personal property or equipment by
2 trick, deceit, or fraudulent or willful false representation
3 shall be guilty of a misdemeanor of the second degree,
4 punishable as provided in s. 775.082 or s. 775.083, unless the
5 value of the personal property or equipment is of a value of
6 $300 or more; in that event the violation constitutes a felony
7 of the third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084.
9 (2) HIRING OR LEASING WITH THE INTENT TO
10 DEFRAUD.--Whoever, with intent to defraud the owner or any
11 person lawfully possessing any personal property or equipment
12 of the rental thereof, hires or leases the said personal
13 property or equipment from the such owner or the such owner's
14 agents or any person in lawful possession thereof shall, upon
15 conviction, be guilty of a misdemeanor of the second degree,
16 punishable as provided in s. 775.082 or s. 775.083, unless the
17 value of the personal property or equipment is of a value of
18 $300 or more; in that event the violation constitutes a felony
19 of the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
22 PROPERTY.--Whoever, after hiring or leasing any personal
23 property or equipment under an agreement to redeliver the same
24 to the person letting such personal property or equipment or
25 his or her agent at the termination of the period for which it
26 was let, shall, without the consent of such person or persons
27 knowingly and with the intent to defraud, abandon or willfully
28 refuse to redeliver the such personal property or equipment as
29 agreed, shall, upon conviction, be guilty of a misdemeanor of
30 the second degree, punishable as provided in s. 775.082 or s.
31 775.083, unless the value of the personal property or
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1 equipment is of a value of $300 or more; in that event the
2 violation constitutes a felony of the third degree, punishable
3 as provided in s. 775.082, s. 775.083, or s. 775.084.
4 (4) EVIDENCE OF FRAUDULENT INTENT.--
5 (a) In prosecutions under this section, obtaining the
6 property or equipment under false pretenses; absconding
7 without payment; or removing or attempting to remove the
8 property or equipment from the county without the express
9 written consent of the lessor, is prima facie evidence of
10 fraudulent intent.
11 (b) In a prosecution under subsection (3), failure to
12 redeliver the property or equipment within 5 days after
13 receipt of, or within 5 days after return receipt from, the
14 certified mailing of the demand for return is prima facie
15 evidence of abandonment or refusal to redeliver the property
16 fraudulent intent. Notice mailed by certified mail, return
17 receipt requested, to the address given by the renter at the
18 time of rental shall be deemed sufficient and equivalent to
19 notice having been received by the renter, should the notice
20 be returned undelivered.
21 (c) In a prosecution under subsection (3), failure to
22 pay any amount due which is incurred as the result of the
23 failure to redeliver property after the rental period expires,
24 and after the demand for return is made, is prima facie
25 evidence of abandonment or refusal to redeliver the property
26 fraudulent intent. Amounts due include unpaid rental for the
27 time period during which the property or equipment was not
28 returned and include the lesser of the cost of repairing or
29 replacing the property or equipment if it has been damaged.
30 (5) DEMAND FOR RETURN.--Demand for return of overdue
31 property or equipment and for payment of amounts due may be
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1 made in person, by hand delivery, or by certified mail, return
2 receipt requested, addressed to the lessee's address shown in
3 the rental contract.
4 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
5 under this section, the following statement must be contained
6 in the agreement under which the owner or person lawfully
7 possessing the property or equipment has relinquished its
8 custody, or in an addendum to that agreement, and the
9 statement must be initialed by the person hiring or leasing
10 the rental property or equipment:
11
12 Failure to return rental property or equipment upon expiration
13 of the rental period and failure to pay all amounts due
14 (including costs for damage to the property or equipment) are
15 prima facie evidence of abandonment or refusal to redeliver
16 the property intent to defraud, punishable in accordance with
17 section 812.155, Florida Statutes.
18 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
19 section does not apply to personal property or equipment that
20 is the subject of a rental-purchase agreement that permits the
21 lessee to acquire ownership of the personal property or
22 equipment unless the rental store retains title to the
23 personal property or equipment throughout the rental-purchase
24 agreement period.
25 Section 4. Paragraph (g) of subsection (3) of section
26 921.0022, Florida Statutes, is amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
30
31
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1 Florida Felony
2 Statute Degree Description
3
4
5 (g) LEVEL 7
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(3)(c)2. 3rd DUI resulting in serious bodily
9 injury.
10 316.1935(3)(b) 1st Causing serious bodily injury or
11 death to another person; driving
12 at high speed or with wanton
13 disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a patrol vehicle with siren and
17 lights activated.
18 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
19 bodily injury.
20 402.319(2) 2nd Misrepresentation and negligence
21 or intentional act resulting in
22 great bodily harm, permanent
23 disfiguration, permanent
24 disability, or death.
25 409.920(2) 3rd Medicaid provider fraud.
26 456.065(2) 3rd Practicing a health care
27 profession without a license.
28 456.065(2) 2nd Practicing a health care
29 profession without a license
30 which results in serious bodily
31 injury.
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1 458.327(1) 3rd Practicing medicine without a
2 license.
3 459.013(1) 3rd Practicing osteopathic medicine
4 without a license.
5 460.411(1) 3rd Practicing chiropractic medicine
6 without a license.
7 461.012(1) 3rd Practicing podiatric medicine
8 without a license.
9 462.17 3rd Practicing naturopathy without a
10 license.
11 463.015(1) 3rd Practicing optometry without a
12 license.
13 464.016(1) 3rd Practicing nursing without a
14 license.
15 465.015(2) 3rd Practicing pharmacy without a
16 license.
17 466.026(1) 3rd Practicing dentistry or dental
18 hygiene without a license.
19 467.201 3rd Practicing midwifery without a
20 license.
21 468.366 3rd Delivering respiratory care
22 services without a license.
23 483.828(1) 3rd Practicing as clinical laboratory
24 personnel without a license.
25 483.901(9) 3rd Practicing medical physics
26 without a license.
27 484.013(1)(c) 3rd Preparing or dispensing optical
28 devices without a prescription.
29 484.053 3rd Dispensing hearing aids without a
30 license.
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.
19 775.21(10)(a) 3rd Sexual predator; failure to
20 register; failure to renew
21 driver's license or
22 identification card; other
23 registration violations.
24 775.21(10)(b) 3rd Sexual predator working where
25 children regularly congregate.
26 775.21(10)(g) 3rd Failure to report or providing
27 false information about a sexual
28 predator; harbor or conceal a
29 sexual predator.
30 782.051(3) 2nd Attempted felony murder of a
31 person by a person other than the
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Bill No. CS for SB 1328
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1 perpetrator or the perpetrator of
2 an attempted felony.
3 782.07(1) 2nd Killing of a human being by the
4 act, procurement, or culpable
5 negligence of another
6 (manslaughter).
7 782.071 2nd Killing of human being or viable
8 fetus by the operation of a motor
9 vehicle in a reckless manner
10 (vehicular homicide).
11 782.072 2nd Killing of a human being by the
12 operation of a vessel in a
13 reckless manner (vessel
14 homicide).
15 784.045(1)(a)1. 2nd Aggravated battery; intentionally
16 causing great bodily harm or
17 disfigurement.
18 784.045(1)(a)2. 2nd Aggravated battery; using deadly
19 weapon.
20 784.045(1)(b) 2nd Aggravated battery; perpetrator
21 aware victim pregnant.
22 784.048(4) 3rd Aggravated stalking; violation of
23 injunction or court order.
24 784.048(7) 3rd Aggravated stalking; violation of
25 court order.
26 784.07(2)(d) 1st Aggravated battery on law
27 enforcement officer.
28 784.074(1)(a) 1st Aggravated battery on sexually
29 violent predators facility staff.
30 784.08(2)(a) 1st Aggravated battery on a person 65
31 years of age or older.
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1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.165(2) 2nd Manufacture, sell, possess, or
14 deliver hoax bomb.
15 790.165(3) 2nd Possessing, displaying, or
16 threatening to use any hoax bomb
17 while committing or attempting to
18 commit a felony.
19 790.166(3) 2nd Possessing, selling, using, or
20 attempting to use a hoax weapon
21 of mass destruction.
22 790.166(4) 2nd Possessing, displaying, or
23 threatening to use a hoax weapon
24 of mass destruction while
25 committing or attempting to
26 commit a felony.
27 796.03 2nd Procuring any person under 16
28 years for prostitution.
29 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
30 victim less than 12 years of age;
31 offender less than 18 years.
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1 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 18 years or older.
5 806.01(2) 2nd Maliciously damage structure by
6 fire or explosive.
7 810.02(3)(a) 2nd Burglary of occupied dwelling;
8 unarmed; no assault or battery.
9 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
10 unarmed; no assault or battery.
11 810.02(3)(d) 2nd Burglary of occupied conveyance;
12 unarmed; no assault or battery.
13 812.014(2)(a)1. 1st Property stolen, valued at
14 $100,000 or more or a semitrailer
15 deployed by a law enforcement
16 officer; property stolen while
17 causing other property damage;
18 1st degree grand theft.
19 812.014(2)(b)2. 2nd Property stolen, cargo valued at
20 less than $50,000, grand theft in
21 2nd degree.
22 812.014(2)(b)3. 2nd Property stolen, emergency
23 medical equipment; 2nd degree
24 grand theft.
25 812.0145(2)(a) 1st Theft from person 65 years of age
26 or older; $50,000 or more.
27 812.019(2) 1st Stolen property; initiates,
28 organizes, plans, etc., the theft
29 of property and traffics in
30 stolen property.
31 812.131(2)(a) 2nd Robbery by sudden snatching.
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1 812.133(2)(b) 1st Carjacking; no firearm, deadly
2 weapon, or other weapon.
3 817.234(8)(a) 2nd Solicitation of motor vehicle
4 accident victims with intent to
5 defraud.
6 817.234(9) 2nd Organizing, planning, or
7 participating in an intentional
8 motor vehicle collision.
9 817.234(11)(c) 1st Insurance fraud; property value
10 $100,000 or more.
11 817.2341(2)(b)&
12 (3)(b) 1st Making false entries of material
13 fact or false statements
14 regarding property values
15 relating to the solvency of an
16 insuring entity which are a
17 significant cause of the
18 insolvency of that entity.
19 825.102(3)(b) 2nd Neglecting an elderly person or
20 disabled adult causing great
21 bodily harm, disability, or
22 disfigurement.
23 825.103(2)(b) 2nd Exploiting an elderly person or
24 disabled adult and property is
25 valued at $20,000 or more, but
26 less than $100,000.
27 827.03(3)(b) 2nd Neglect of a child causing great
28 bodily harm, disability, or
29 disfigurement.
30 827.04(3) 3rd Impregnation of a child under 16
31 years of age by person 21 years
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1 of age or older.
2 837.05(2) 3rd Giving false information about
3 alleged capital felony to a law
4 enforcement officer.
5 838.015 2nd Bribery.
6 838.016 2nd Unlawful compensation or reward
7 for official behavior.
8 838.021(3)(a) 2nd Unlawful harm to a public
9 servant.
10 838.22 2nd Bid tampering.
11 847.0135(3) 3rd Solicitation of a child, via a
12 computer service, to commit an
13 unlawful sex act.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility, school, or
21 state, county, or municipal park
22 or publicly owned recreational
23 facility or community center.
24 893.13(1)(e)1. 1st Sell, manufacture, or deliver
25 cocaine or other drug prohibited
26 under s. 893.03(1)(a), (1)(b),
27 (1)(d), (2)(a), (2)(b), or
28 (2)(c)4., within 1,000 feet of
29 property used for religious
30 services or a specified business
31 site.
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29 893.135
30 (1)(h)1.a. 1st Trafficking in
31 gamma-hydroxybutyric acid (GHB),
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1 1 kilogram or more, less than 5
2 kilograms.
3 893.135
4 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
5 kilogram or more, less than 5
6 kilograms.
7 893.135
8 (1)(k)2.a. 1st Trafficking in Phenethylamines,
9 10 grams or more, less than 200
10 grams.
11 896.101(5)(a) 3rd Money laundering, financial
12 transactions exceeding $300 but
13 less than $20,000.
14 896.104(4)(a)1. 3rd Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions exceeding $300 but
18 less than $20,000.
19 943.0435(4)(c) 2nd Sexual offender vacating
20 permanent residence; failure to
21 comply with reporting
22 requirements.
23 943.0435(8) 2nd Sexual offender; remains in state
24 after indicating intent to leave;
25 failure to comply with reporting
26 requirements.
27 943.0435(9)(a) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
30 943.0435(13) 3rd Failure to report or providing
31 false information about a sexual
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1 offender; harbor or conceal a
2 sexual offender.
3 943.0435(14) 3rd Sexual offender; failure to
4 report and reregister; failure to
5 respond to address verification.
6 944.607(9) 3rd Sexual offender; failure to
7 comply with reporting
8 requirements.
9 944.607(10)(a) 3rd Sexual offender; failure to
10 submit to the taking of a
11 digitized photograph.
12 944.607(12) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or conceal a
15 sexual offender.
16 944.607(13) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 Section 5. For the purpose of incorporating the
20 amendment made by this act to section 812.014, Florida
21 Statutes, in a reference thereto, paragraph (a) of subsection
22 (1) of section 985.227, Florida Statutes, is reenacted to
23 read:
24 985.227 Prosecution of juveniles as adults by the
25 direct filing of an information in the criminal division of
26 the circuit court; discretionary criteria; mandatory
27 criteria.--
28 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
29 (a) With respect to any child who was 14 or 15 years
30 of age at the time the alleged offense was committed, the
31 state attorney may file an information when in the state
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1 attorney's judgment and discretion the public interest
2 requires that adult sanctions be considered or imposed and
3 when the offense charged is for the commission of, attempt to
4 commit, or conspiracy to commit:
5 1. Arson;
6 2. Sexual battery;
7 3. Robbery;
8 4. Kidnapping;
9 5. Aggravated child abuse;
10 6. Aggravated assault;
11 7. Aggravated stalking;
12 8. Murder;
13 9. Manslaughter;
14 10. Unlawful throwing, placing, or discharging of a
15 destructive device or bomb;
16 11. Armed burglary in violation of s. 810.02(2)(b) or
17 specified burglary of a dwelling or structure in violation of
18 s. 810.02(2)(c), or burglary with an assault or battery in
19 violation of s. 810.02(2)(a);
20 12. Aggravated battery;
21 13. Any lewd or lascivious offense committed upon or
22 in the presence of a person less than 16 years of age;
23 14. Carrying, displaying, using, threatening, or
24 attempting to use a weapon or firearm during the commission of
25 a felony;
26 15. Grand theft in violation of s. 812.014(2)(a);
27 16. Possessing or discharging any weapon or firearm on
28 school property in violation of s. 790.115;
29 17. Home invasion robbery;
30 18. Carjacking; or
31 19. Grand theft of a motor vehicle in violation of s.
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1 812.014(2)(c)6. or grand theft of a motor vehicle valued at
2 $20,000 or more in violation of s. 812.014(2)(b) if the child
3 has a previous adjudication for grand theft of a motor vehicle
4 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
5 Section 6. This act shall take effect July 1, 2006.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
11
12 and insert:
13 A bill to be entitled
14 An act relating to the unlawful taking of
15 personal property or equipment; amending s.
16 812.014, F.S.; providing that the theft of
17 property that has been deployed by a law
18 enforcement officer is grand theft in the first
19 degree; providing criminal penalties; creating
20 s. 812.0147, F.S.; providing that it is a
21 second-degree felony to possess or use a fifth
22 wheel to commit or attempt to commit theft;
23 providing criminal penalties; amending s.
24 812.155, F.S.; deleting the requirement to
25 prove fraudulent intent in order to withhold
26 personal property or equipment; providing that
27 failure to return rental property within a
28 specified time is evidence of abandonment or
29 refusal to redeliver the property; deleting a
30 provision specifying that the prohibition
31 against obtaining personal property or
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1 equipment with intent to defraud does not apply
2 to a rental-purchase agreement unless the
3 rental store retains title to the property or
4 equipment throughout the period of the
5 rental-purchase agreement; amending s.
6 921.0022, F.S.; classifying the offense of
7 stealing property deployed by a law enforcement
8 officer under the offense severity ranking
9 chart of the Criminal Punishment Code;
10 reenacting s. 985.227(1)(a), F.S., relating to
11 prosecution of juveniles as adults, in order to
12 incorporate the amendment to s. 812.014, F.S.,
13 in a reference thereto; providing an effective
14 date.
15
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