HB 0073

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to theft; amending s. 812.014, F.S.;
7	providing that the theft of a semitrailer that was
8	deployed by a law enforcement officer is grand theft in
9	the first degree; providing criminal penalties; creating
10	s. 812.0147, F.S.; providing that it is a second-degree
11	felony to alter, possess, or use a fifth wheel to commit
12	or attempt to commit theft; providing criminal penalties;
13	amending s. 812.155, F.S.; revising the offense of failure
14	to redeliver hired or leased personal property or
15	equipment to require a knowing abandonment of or refusal
16	to redeliver the property or equipment rather than an
17	intent to defraud; removing a provision specifying that
18	certain acts are prima facie evidence of fraudulent
19	intent; providing that certain acts are evidence of
20	knowing abandonment of or refusal to redeliver property;
21	deleting a provision specifying that the prohibition
22	against obtaining personal property or equipment with
23	intent to defraud does not apply to a rental-purchase
24	agreement unless the rental store retains title to the
25	property or equipment throughout the period of the rental-
26	purchase agreement; amending s. 921.0022, F.S.;
27	classifying the offense of stealing a semitrailer deployed
28	by a law enforcement officer under the offense severity
29	ranking chart of the Criminal Punishment Code; providing
30	an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (a) of subsection (2) of section
35	812.014, Florida Statutes, is amended to read:
36	812.014  Theft.--
37	(2)(a)1.  If the property stolen is valued at $100,000 or
38	more or is a semitrailer that was deployed by a law enforcement
39	officer; or
40	2.  If the property stolen is cargo valued at $50,000 or
41	more that has entered the stream of interstate or intrastate
42	commerce from the shipper's loading platform to the consignee's
43	receiving dock; or
44	3.  If the offender commits any grand theft and:
45	a.  In the course of committing the offense the offender
46	uses a motor vehicle as an instrumentality, other than merely as
47	a getaway vehicle, to assist in committing the offense and
48	thereby damages the real property of another; or
49	b.  In the course of committing the offense the offender
50	causes damage to the real or personal property of another in
51	excess of $1,000,
52
53	the offender commits grand theft in the first degree, punishable
54	as a felony of the first degree, as provided in s. 775.082, s.
55	775.083, or s. 775.084.
56	Section 2.  Section 812.0147, Florida Statutes, is created
57	to read:
58	812.0147  Unlawful possession or use of a fifth wheel.--
59	(1)  A person may not modify, alter, or attempt to alter,
60	and if altered, sell, possess, offer for sale, move, or cause to
61	be moved onto the highways of this state, a device known as a
62	fifth wheel with the intent to use the fifth wheel to commit or
63	attempt to commit theft. As used in this section, the term
64	"fifth wheel" applies only to a fifth wheel on a commercial
65	motor vehicle.
66	(2)  Any person who violates subsection (1) commits a
67	felony of the second degree, punishable as provided in s.
68	775.082, s. 775.083, or s. 775.084.
69	Section 3.  Section 812.155, Florida Statutes, is amended
70	to read:
71	812.155  Hiring, leasing, or obtaining personal property or
72	equipment with the intent to defraud; failing to return hired or
73	leased personal property or equipment; rules of evidence.--
74	(1)  OBTAINING BY TRICK, FALSE REPRESENTATION,
75	ETC.--Whoever, with the intent to defraud the owner or any
76	person lawfully possessing any personal property or equipment,
77	obtains the custody of such personal property or equipment by
78	trick, deceit, or fraudulent or willful false representation
79	commits shall be guilty of a misdemeanor of the second degree,
80	punishable as provided in s. 775.082 or s. 775.083, unless the
81	value of the personal property or equipment is of a value of
82	$300 or more; in that event, the violation constitutes a felony
83	of the third degree, punishable as provided in s. 775.082, s.
84	775.083, or s. 775.084.
85	(2)  HIRING OR LEASING WITH THE INTENT TO
86	DEFRAUD.--Whoever, with intent to defraud the owner or any
87	person lawfully possessing any personal property or equipment of
88	the rental thereof, hires or leases the said personal property
89	or equipment from the such owner or the such owner's agents or
90	any person in lawful possession thereof shall, upon conviction,
91	be guilty of a misdemeanor of the second degree, punishable as
92	provided in s. 775.082 or s. 775.083, unless the value of the
93	personal property or equipment is of a value of $300 or more; in
94	that event, the violation constitutes a felony of the third
95	degree, punishable as provided in s. 775.082, s. 775.083, or s.
96	775.084.
97	(3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL
98	PROPERTY.--Whoever, after hiring or leasing any personal
99	property or equipment under an agreement to redeliver the same
100	to the person letting such personal property or equipment or his
101	or her agent at the termination of the period for which it was
102	let, shall, without the consent of such person or persons,
103	knowingly abandons and with the intent to defraud, abandon or
104	refuses willfully refuse to redeliver the such personal property
105	or equipment as agreed, shall, upon conviction, be guilty of a
106	misdemeanor of the second degree, punishable as provided in s.
107	775.082 or s. 775.083, unless the value of the personal property
108	or equipment is of a value of $300 or more; in that event, the
109	violation constitutes a felony of the third degree, punishable
110	as provided in s. 775.082, s. 775.083, or s. 775.084.
111	(4)  EVIDENCE OF FRAUDULENT INTENT.--
112	(a)  In prosecutions under this section, obtaining the
113	property or equipment under false pretenses; absconding without
114	payment; or removing or attempting to remove the property or
115	equipment from the county without the express written consent of
116	the lessor, is prima facie evidence of fraudulent intent.
117	(b)  In a prosecution under subsection (3), failure to
118	redeliver the property or equipment within 5 days after receipt
119	of, or within 5 days after return receipt from, the certified
120	mailing of the demand for return is prima facie evidence of
121	knowing abandonment of or refusal to redeliver the property
122	fraudulent intent. Notice mailed by certified mail, return
123	receipt requested, to the address given by the renter at the
124	time of rental shall be deemed sufficient and equivalent to
125	notice having been received by the renter, should the notice be
126	returned undelivered.
127	(c)  In a prosecution under subsection (3), failure to pay
128	any amount due that which is incurred as the result of the
129	failure to redeliver property after the rental period expires,
130	and after the demand for return is made, is prima facie evidence
131	of knowing abandonment of or refusal to redeliver the property
132	fraudulent intent. Amounts due include unpaid rental for the
133	time period during which the property or equipment was not
134	returned and include the lesser of the cost of repairing or
135	replacing the property or equipment if it has been damaged.
136	(5)  DEMAND FOR RETURN.--Demand for return of overdue
137	property or equipment and for payment of amounts due may be made
138	in person, by hand delivery, or by certified mail, return
139	receipt requested, addressed to the lessee's address shown in
140	the rental contract.
141	(6)  NOTICE REQUIRED.--As a prerequisite to prosecution
142	under this section, the following statement must be contained in
143	the agreement under which the owner or person lawfully
144	possessing the property or equipment has relinquished its
145	custody, or in an addendum to that agreement, and the statement
146	must be initialed by the person hiring or leasing the rental
147	property or equipment:
148
149	Failure to return rental property or equipment upon
150	expiration of the rental period and failure to pay all
151	amounts due (including costs for damage to the
152	property or equipment) are prima facie evidence of
153	knowing abandonment of or refusal to redeliver the
154	property intent to defraud, punishable in accordance
155	with section 812.155, Florida Statutes.
156
157	(7)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This section
158	does not apply to personal property or equipment that is the
159	subject of a rental-purchase agreement that permits the lessee
160	to acquire ownership of the personal property or equipment
161	unless the rental store retains title to the personal property
162	or equipment throughout the rental-purchase agreement period.
163	Section 4.  Paragraph (g) of subsection (3) of section
164	921.0022, Florida Statutes, is amended to read:
165	921.0022  Criminal Punishment Code; offense severity
166	ranking chart.--
167	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
168
	(g)  LEVEL 7
169
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
170
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
171
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
172
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
173
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
174
	409.920(2) 3rd Medicaid provider fraud.
175
	456.065(2) 3rd Practicing a health care profession without a license.
176
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
177
	458.327(1) 3rd Practicing medicine without a license.
178
	459.013(1) 3rd Practicing osteopathic medicine without a license.
179
	460.411(1) 3rd Practicing chiropractic medicine without a license.
180
	461.012(1) 3rd Practicing podiatric medicine without a license.
181
	462.17 3rd Practicing naturopathy without a license.
182
	463.015(1) 3rd Practicing optometry without a license.
183
	464.016(1) 3rd Practicing nursing without a license.
184
	465.015(2) 3rd Practicing pharmacy without a license.
185
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
186
	467.201 3rd Practicing midwifery without a license.
187
	468.366 3rd Delivering respiratory care services without a license.
188
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
189
	483.901(9) 3rd Practicing medical physics without a license.
190
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
191
	484.053 3rd Dispensing hearing aids without a license.
192
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
193
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
194
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
195
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
196
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
197
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
198
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
199
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
200
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
201
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
202
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
203
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
204
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
205
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
206
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
207
	784.048(7) 3rd Aggravated stalking; violation of court order.
208
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
209
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
210
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
211
	784.081(1) 1st Aggravated battery on specified official or employee.
212
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
213
	784.083(1) 1st Aggravated battery on code inspector.
214
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
215
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
216
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
217
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
218
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
219
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
220
	796.03 2nd Procuring any person under 16 years for prostitution.
221
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
222
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
223
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
224
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
225
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
226
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
227
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
228
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
229
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
230
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
231
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
232
	812.131(2)(a) 2nd Robbery by sudden snatching.
233
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
234
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
235
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
236
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
237
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
238
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
239
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
240
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
241
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
242
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
243
	838.015 2nd Bribery.
244
	838.016 2nd Unlawful compensation or reward for official behavior.
245
	838.021(3)(a) 2nd Unlawful harm to a public servant.
246
	838.22 2nd Bid tampering.
247
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
248
	872.06 2nd Abuse of a dead human body.
249
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
250
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
251
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
252
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
253
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
254
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
255
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
256
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
257
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
258
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
259
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
260
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
261
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
262
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
263
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
264
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
265
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
266
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
267
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
268
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
269
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
270
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
271
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
272
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
273
274	Section 5.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.