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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    Florida Senate - 2006        (Corrected Copy)           SB 158
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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.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 158
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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.

31  

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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.

30  

31  

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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.

31  

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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.

29  

30  

31  

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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.

30  

31  

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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.

30  

31  

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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.

30  

31  

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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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    Florida Senate - 2006        (Corrected Copy)           SB 158
    7-82-06




 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.

29  

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    Florida Senate - 2006        (Corrected Copy)           SB 158
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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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