HB 73

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

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