Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
Barcode 813078
CHAMBER ACTION
Senate House
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01/11/2006 06:00 PM .
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11 The Committee on Criminal Justice (Lynn) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, line 1, through page 12, line 6, delete
16 those lines
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18 and insert:
19 812.014 Theft.--
20 (2)(a)1. If the property stolen is valued at $100,000
21 or more or is a semitrailer that was deployed by a law
22 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 - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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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,
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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 1. 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 commercial
18 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 2. Section 812.155, F.S., is amended to read:
23 812.155 Hiring, leasing, or obtaining personal
24 property or equipment with the intent to defraud; failing to
25 return hired or leased personal property or equipment; rules
26 of evidence.--
27 (1) OBTAINING BY TRICK, FALSE REPRESENTATION,
28 ETC.--Whoever, with the intent to defraud the owner or any
29 person lawfully possessing any personal property or equipment,
30 obtains the custody of such personal property or equipment by
31 trick, deceit, or fraudulent or willful false representation
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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1 shall be guilty of a misdemeanor of the second degree,
2 punishable as provided in s. 775.082 or s. 775.083, unless the
3 value of the personal property or equipment is of a value of
4 $300 or more; in that event the violation constitutes a felony
5 of the third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 (2) HIRING OR LEASING WITH THE INTENT TO
8 DEFRAUD.--Whoever, with intent to defraud the owner or any
9 person lawfully possessing any personal property or equipment
10 of the rental thereof, hires or leases said personal property
11 or equipment from such owner or such owner's agents or any
12 person in lawful possession thereof shall, upon conviction, be
13 guilty of a misdemeanor of the second degree, punishable as
14 provided in s. 775.082 or s. 775.083, unless the value of the
15 personal property or equipment is of a value of $300 or more;
16 in that event the violation constitutes a felony of the third
17 degree, punishable as provided in s. 775.082, s. 775.083, or
18 s. 775.084.
19 (3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
20 PROPERTY.--Whoever, after hiring or leasing any personal
21 property or equipment under an agreement to redeliver the same
22 to the person letting such personal property or equipment or
23 his or her agent at the termination of the period for which it
24 was let, shall, without the consent of such person or persons
25 and with the intent to defraud, abandon or willfully refuse to
26 redeliver such personal property or equipment as agreed,
27 shall, upon conviction, be guilty of a misdemeanor of the
28 second degree, punishable as provided in s. 775.082 or s.
29 775.083, unless the value of the personal property or
30 equipment is of a value of $300 or more; in that event the
31 violation constitutes a felony of the third degree, punishable
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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1 as provided in s. 775.082, s. 775.083, or s. 775.084.
2 (4) EVIDENCE OF FRAUDULENT INTENT.--
3 (a) In prosecutions under this section, obtaining the
4 property or equipment under false pretenses; absconding
5 without payment; or removing or attempting to remove the
6 property or equipment from the county without the express
7 written consent of the lessor, is prima facie evidence of
8 fraudulent intent.
9 (b) In a prosecution under subsection (3), failure to
10 redeliver the property or equipment within 5 days after
11 receipt of, or within 5 days after return receipt from, the
12 certified mailing of the demand for return is prima facie
13 evidence of fraudulent intent. Notice mailed by certified
14 mail, return receipt requested, to the address given by the
15 renter at the time of rental shall be deemed sufficient and
16 equivalent to notice having been received by the renter,
17 should the notice be returned undelivered.
18 (c) In a prosecution under subsection (3), failure to
19 pay any amount due which is incurred as the result of the
20 failure to redeliver property after the rental period expires,
21 and after the demand for return is made, is prima facie
22 evidence of fraudulent intent. Amounts due include unpaid
23 rental for the time period during which the property or
24 equipment was not returned and include the lesser of the cost
25 of repairing or replacing the property or equipment if it has
26 been damaged.
27 (5) DEMAND FOR RETURN.--Demand for return of overdue
28 property or equipment and for payment of amounts due may be
29 made in person, by hand delivery, or by certified mail, return
30 receipt requested, addressed to the lessee's address shown in
31 the rental contract.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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1 (6) NOTICE REQUIRED.--As a prerequisite to prosecution
2 under this section, the following statement must be contained
3 in the agreement under which the owner or person lawfully
4 possessing the property or equipment has relinquished its
5 custody, or in an addendum to that agreement, and the
6 statement must be initialed by the person hiring or leasing
7 the rental property or equipment:
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9 Failure to return rental property or equipment
10 upon expiration of the rental period and
11 failure to pay all amounts due (including costs
12 for damage to the property or equipment) are
13 prima facie evidence of intent to defraud,
14 punishable in accordance with section 812.155,
15 Florida Statutes.
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17 (7) EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This
18 section does not apply to personal property or equipment that
19 is the subject of a rental-purchase agreement that permits the
20 lessee to acquire ownership of the personal property or
21 equipment unless the rental store retains title to the
22 personal property or equipment throughout the rental-purchase
23 agreement period.
24 Section 3. Paragraph (g) of subsection (3) of section
25 921.0022, Florida Statutes, is amended to read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 Florida Felony
2 Statute Degree Description
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5 (c) LEVEL 3
6 (g) LEVEL 7
7 316.027(1)(b) 2nd Accident involving death, failure
8 to stop; leaving scene.
9 316.193(3)(c)2. 3rd DUI resulting in serious bodily
10 injury.
11 316.1935(3)(b) 1st Causing serious bodily injury or
12 death to another person; driving
13 at high speed or with wanton
14 disregard for safety while
15 fleeing or attempting to elude
16 law enforcement officer who is in
17 a patrol vehicle with siren and
18 lights activated.
19 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
20 bodily injury.
21 402.319(2) 2nd Misrepresentation and negligence
22 or intentional act resulting in
23 great bodily harm, permanent
24 disfiguration, permanent
25 disability, or death.
26 409.920(2) 3rd Medicaid provider fraud.
27 456.065(2) 3rd Practicing a health care
28 profession without a license.
29 456.065(2) 2nd Practicing a health care
30 profession without a license
31 which results in serious bodily
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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1 injury.
2 458.327(1) 3rd Practicing medicine without a
3 license.
4 459.013(1) 3rd Practicing osteopathic medicine
5 without a license.
6 460.411(1) 3rd Practicing chiropractic medicine
7 without a license.
8 461.012(1) 3rd Practicing podiatric medicine
9 without a license.
10 462.17 3rd Practicing naturopathy without a
11 license.
12 463.015(1) 3rd Practicing optometry without a
13 license.
14 464.016(1) 3rd Practicing nursing without a
15 license.
16 465.015(2) 3rd Practicing pharmacy without a
17 license.
18 466.026(1) 3rd Practicing dentistry or dental
19 hygiene without a license.
20 467.201 3rd Practicing midwifery without a
21 license.
22 468.366 3rd Delivering respiratory care
23 services without a license.
24 483.828(1) 3rd Practicing as clinical laboratory
25 personnel without a license.
26 483.901(9) 3rd Practicing medical physics
27 without a license.
28 484.013(1)(c) 3rd Preparing or dispensing optical
29 devices without a prescription.
30 484.053 3rd Dispensing hearing aids without a
31 license.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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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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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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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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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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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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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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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.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 On page 1, lines 3-19, delete those lines
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25 and insert:
26 F.S.; providing that the theft of a semitrailer
27 that was deployed by a law enforcement officer
28 is grand theft in the first degree; providing
29 criminal penalties; creating s. 812.0147, F.S.;
30 providing that it is a second-degree felony to
31 alter, possess, or use a fifth wheel to commit
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 158
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1 or attempt to commit theft; providing criminal
2 penalties; amending s. 812.155, F.S.; deleting
3 a provision specifying that the prohibition
4 against obtaining personal property or
5 equipment with intent to defraud does not apply
6 to a rental-purchase agreement unless the
7 rental store retains title to the property or
8 equipment throughout the period of the
9 rental-purchase agreement; amending s.
10 921.0022, F.S.; classifying the offense of
11 stealing a semitrailer deployed by a law
12 enforcement
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