Senate Bill sb0158
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Florida Senate - 2006 (Corrected Copy) SB 158
By Senator Lynn
7-82-06
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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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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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 (c) LEVEL 3
19 (g) LEVEL 7
20 316.027(1)(b) 2nd Accident involving death, failure
21 to stop; leaving scene.
22 316.193(3)(c)2. 3rd DUI resulting in serious bodily
23 injury.
24 316.1935(3)(b) 1st Causing serious bodily injury or
25 death to another person; driving
26 at high speed or with wanton
27 disregard for safety while
28 fleeing or attempting to elude
29 law enforcement officer who is in
30 a patrol vehicle with siren and
31 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.
5 775.21(10)(a) 3rd Sexual predator; failure to
6 register; failure to renew
7 driver's license or
8 identification card; other
9 registration violations.
10 775.21(10)(b) 3rd Sexual predator working where
11 children regularly congregate.
12 775.21(10)(g) 3rd Failure to report or providing
13 false information about a sexual
14 predator; harbor or conceal a
15 sexual predator.
16 782.051(3) 2nd Attempted felony murder of a
17 person by a person other than the
18 perpetrator or the perpetrator of
19 an attempted felony.
20 782.07(1) 2nd Killing of a human being by the
21 act, procurement, or culpable
22 negligence of another
23 (manslaughter).
24 782.071 2nd Killing of human being or viable
25 fetus by the operation of a motor
26 vehicle in a reckless manner
27 (vehicular homicide).
28 782.072 2nd Killing of a human being by the
29 operation of a vessel in a
30 reckless manner (vessel
31 homicide).
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1 784.045(1)(a)1. 2nd Aggravated battery; intentionally
2 causing great bodily harm or
3 disfigurement.
4 784.045(1)(a)2. 2nd Aggravated battery; using deadly
5 weapon.
6 784.045(1)(b) 2nd Aggravated battery; perpetrator
7 aware victim pregnant.
8 784.048(4) 3rd Aggravated stalking; violation of
9 injunction or court order.
10 784.048(7) 3rd Aggravated stalking; violation of
11 court order.
12 784.07(2)(d) 1st Aggravated battery on law
13 enforcement officer.
14 784.074(1)(a) 1st Aggravated battery on sexually
15 violent predators facility staff.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
30 790.165(2) 2nd Manufacture, sell, possess, or
31 deliver hoax bomb.
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1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more or deployed by a
3 law enforcement officer; property
4 stolen while causing other
5 property damage; 1st degree grand
6 theft.
7 812.014(2)(b)2. 2nd Property stolen, cargo valued at
8 less than $50,000, grand theft in
9 2nd degree.
10 812.014(2)(b)3. 2nd Property stolen, emergency
11 medical equipment; 2nd degree
12 grand theft.
13 812.0145(2)(a) 1st Theft from person 65 years of age
14 or older; $50,000 or more.
15 812.019(2) 1st Stolen property; initiates,
16 organizes, plans, etc., the theft
17 of property and traffics in
18 stolen property.
19 812.131(2)(a) 2nd Robbery by sudden snatching.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 817.234(8)(a) 2nd Solicitation of motor vehicle
23 accident victims with intent to
24 defraud.
25 817.234(9) 2nd Organizing, planning, or
26 participating in an intentional
27 motor vehicle collision.
28 817.234(11)(c) 1st Insurance fraud; property value
29 $100,000 or more.
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1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 943.0435(4)(c) 2nd Sexual offender vacating
10 permanent residence; failure to
11 comply with reporting
12 requirements.
13 943.0435(8) 2nd Sexual offender; remains in state
14 after indicating intent to leave;
15 failure to comply with reporting
16 requirements.
17 943.0435(9)(a) 3rd Sexual offender; failure to
18 comply with reporting
19 requirements.
20 943.0435(13) 3rd Failure to report or providing
21 false information about a sexual
22 offender; harbor or conceal a
23 sexual offender.
24 943.0435(14) 3rd Sexual offender; failure to
25 report and reregister; failure to
26 respond to address verification.
27 944.607(9) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
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1 944.607(10)(a) 3rd Sexual offender; failure to
2 submit to the taking of a
3 digitized photograph.
4 944.607(12) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 944.607(13) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 Section 5. For the purpose of incorporating the
12 amendment made by this act to section 812.014, Florida
13 Statutes, in a reference thereto, paragraph (a) of subsection
14 (1) of section 985.227, Florida Statutes, is reenacted to
15 read:
16 985.227 Prosecution of juveniles as adults by the
17 direct filing of an information in the criminal division of
18 the circuit court; discretionary criteria; mandatory
19 criteria.--
20 (1) DISCRETIONARY DIRECT FILE; CRITERIA.--
21 (a) With respect to any child who was 14 or 15 years
22 of age at the time the alleged offense was committed, the
23 state attorney may file an information when in the state
24 attorney's judgment and discretion the public interest
25 requires that adult sanctions be considered or imposed and
26 when the offense charged is for the commission of, attempt to
27 commit, or conspiracy to commit:
28 1. Arson;
29 2. Sexual battery;
30 3. Robbery;
31 4. Kidnapping;
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1 5. Aggravated child abuse;
2 6. Aggravated assault;
3 7. Aggravated stalking;
4 8. Murder;
5 9. Manslaughter;
6 10. Unlawful throwing, placing, or discharging of a
7 destructive device or bomb;
8 11. Armed burglary in violation of s. 810.02(2)(b) or
9 specified burglary of a dwelling or structure in violation of
10 s. 810.02(2)(c), or burglary with an assault or battery in
11 violation of s. 810.02(2)(a);
12 12. Aggravated battery;
13 13. Any lewd or lascivious offense committed upon or
14 in the presence of a person less than 16 years of age;
15 14. Carrying, displaying, using, threatening, or
16 attempting to use a weapon or firearm during the commission of
17 a felony;
18 15. Grand theft in violation of s. 812.014(2)(a);
19 16. Possessing or discharging any weapon or firearm on
20 school property in violation of s. 790.115;
21 17. Home invasion robbery;
22 18. Carjacking; or
23 19. Grand theft of a motor vehicle in violation of s.
24 812.014(2)(c)6. or grand theft of a motor vehicle valued at
25 $20,000 or more in violation of s. 812.014(2)(b) if the child
26 has a previous adjudication for grand theft of a motor vehicle
27 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
28 Section 6. This act shall take effect July 1, 2006.
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1 *****************************************
2 SENATE SUMMARY
3 Provides that theft of property deployed by a law
enforcement officer is first-degree grand theft. Provides
4 that possession or use of a fifth wheel to commit or
attempt to commit theft is a second-degree felony.
5 Deletes an exemption provided for rental purchase
agreements. (See bill for details.)
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