Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1328
                        Barcode 253244
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: 1/FAV           .                    
       03/29/2006 12:51 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
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
                                  1
    2:35 PM   03/23/06                           s1328c1d-cm07-b02

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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, 2 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 3 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 4 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 5 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 6 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 7 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 8 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 9 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 10 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 11 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 12 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 13 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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), 14 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 15 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 16 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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. 17 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 18 2:35 PM 03/23/06 s1328c1d-cm07-b02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1328 Barcode 253244 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 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 2:35 PM 03/23/06 s1328c1d-cm07-b02