Senate Bill sb1644
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Florida Senate - 2007 SB 1644
By Senator Gaetz
4-1118A-07 See HB 735
1 A bill to be entitled
2 An act relating to retail theft; amending s.
3 812.015, F.S.; providing enhanced penalties for
4 retail theft exceeding a specified amount for
5 persons who individually, or in concert with
6 others, coordinate the activities of one or
7 more persons in committing the offense;
8 amending s. 921.0022, F.S.; conforming the
9 Criminal Punishment Code offense severity
10 ranking chart; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsections (8) and (9) of section 812.015,
15 Florida Statutes, are amended to read:
16 812.015 Retail and farm theft; transit fare evasion;
17 mandatory fine; alternative punishment; detention and arrest;
18 exemption from liability for false arrest; resisting arrest;
19 penalties.--
20 (8) Except as provided in subsection (9), If a person
21 who commits retail theft commits, it is a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084, if the property stolen is valued at $300 or more,
24 and the person:
25 (a) Individually, or in concert with one or more other
26 persons, coordinates the activities of one or more individuals
27 in committing the offense, in which case the amount of each
28 individual theft is aggregated to determine the value of the
29 property stolen;
30 (b) Commits theft from more than one location within a
31 48-hour period, in which case the amount of each individual
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 1644
4-1118A-07 See HB 735
1 theft is aggregated to determine the value of the property
2 stolen;
3 (c) Acts in concert with one or more other individuals
4 within one or more establishments to distract the merchant,
5 merchant's employee, or law enforcement officer in order to
6 carry out the offense, or acts in other ways to coordinate
7 efforts to carry out the offense; or
8 (d) Commits the offense through the purchase of
9 merchandise in a package or box that contains merchandise
10 other than, or in addition to, the merchandise purported to be
11 contained in the package or box.
12 (9) A Any person commits a felony of the second
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084, if the person:
15 (a) who Violates subsection (8) and who has previously
16 been convicted of a violation of subsection (8); or
17 (b) Individually, or in concert with one or more other
18 persons, coordinates the activities of one or more persons in
19 committing the offense of retail theft where the stolen
20 property has a value in excess of $3,000 commits a felony of
21 the second degree, punishable as provided in s. 775.082, s.
22 775.083, or s. 775.084.
23 Section 2. Paragraph (f) of subsection (3) of section
24 921.0022, Florida Statutes, is amended to read:
25 (3) OFFENSE SEVERITY RANKING CHART
26 Florida Felony Description
27 Statute Degree
28 (f) LEVEL 6
29 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
30 conviction.
31 499.0051(3) 2nd Forgery of pedigree papers.
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Florida Senate - 2007 SB 1644
4-1118A-07 See HB 735
1 499.0051(4) 2nd Purchase or receipt of legend
2 drug from unauthorized person.
3 499.0051(5) 2nd Sale of legend drug to
4 unauthorized person.
5 775.0875(1) 3rd Taking firearm from law
6 enforcement officer.
7 784.021(1)(a) 3rd Aggravated assault; deadly weapon
8 without intent to kill.
9 784.021(1)(b) 3rd Aggravated assault; intent to
10 commit felony.
11 784.041 3rd Felony battery.
12 784.048(3) 3rd Aggravated stalking; credible
13 threat.
14 784.048(5) 3rd Aggravated stalking of person
15 under 16.
16 784.07(2)(c) 2nd Aggravated assault on law
17 enforcement officer.
18 784.074(1)(b) 2nd Aggravated assault on sexually
19 violent predators facility staff.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 784.083(2) 2nd Aggravated assault on code
28 inspector.
29 787.02(2) 3rd False imprisonment; restraining
30 with purpose other than those in
31 s. 787.01.
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Florida Senate - 2007 SB 1644
4-1118A-07 See HB 735
1 790.115(2)(d) 2nd Discharging firearm or weapon on
2 school property.
3 790.161(2) 2nd Make, possess, or throw
4 destructive device with intent to
5 do bodily harm or damage
6 property.
7 790.164(1) 2nd False report of deadly explosive,
8 weapon of mass destruction, or
9 act of arson or violence to state
10 property.
11 790.19 2nd Shooting or throwing deadly
12 missiles into dwellings, vessels,
13 or vehicles.
14 794.011(8)(a) 3rd Solicitation of minor to
15 participate in sexual activity by
16 custodial adult.
17 794.05(1) 2nd Unlawful sexual activity with
18 specified minor.
19 800.04(5)(d) 3rd Lewd or lascivious molestation;
20 victim 12 years of age or older
21 but less than 16 years; offender
22 less than 18 years.
23 800.04(6)(b) 2nd Lewd or lascivious conduct;
24 offender 18 years of age or
25 older.
26 806.031(2) 2nd Arson resulting in great bodily
27 harm to firefighter or any other
28 person.
29 810.02(3)(c) 2nd Burglary of occupied structure;
30 unarmed; no assault or battery.
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Florida Senate - 2007 SB 1644
4-1118A-07 See HB 735
1 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
2 but less than $100,000, grand
3 theft in 2nd degree.
4 812.015(9)(a) 2nd Retail theft; property stolen
5 $300 or more; second or
6 subsequent conviction.
7 812.015(9)(b) 2nd Retail theft; property stolen
8 $3,000 or more; coordination of
9 others.
10 812.13(2)(c) 2nd Robbery, no firearm or other
11 weapon (strong-arm robbery).
12 817.034(4)(a)1. 1st Communications fraud, value
13 greater than $50,000.
14 817.4821(5) 2nd Possess cloning paraphernalia
15 with intent to create cloned
16 cellular telephones.
17 825.102(1) 3rd Abuse of an elderly person or
18 disabled adult.
19 825.102(3)(c) 3rd Neglect of an elderly person or
20 disabled adult.
21 825.1025(3) 3rd Lewd or lascivious molestation of
22 an elderly person or disabled
23 adult.
24 825.103(2)(c) 3rd Exploiting an elderly person or
25 disabled adult and property is
26 valued at less than $20,000.
27 827.03(1) 3rd Abuse of a child.
28 827.03(3)(c) 3rd Neglect of a child.
29 827.071(2) & (3) 2nd Use or induce a child in a sexual
30 performance, or promote or direct
31 such performance.
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Florida Senate - 2007 SB 1644
4-1118A-07 See HB 735
1 836.05 2nd Threats; extortion.
2 836.10 2nd Written threats to kill or do
3 bodily injury.
4 843.12 3rd Aids or assists person to escape.
5 847.0135(2) 3rd Facilitates sexual conduct of or
6 with a minor or the visual
7 depiction of such conduct.
8 914.23 2nd Retaliation against a witness,
9 victim, or informant, with bodily
10 injury.
11 944.35(3)(a)2. 3rd Committing malicious battery upon
12 or inflicting cruel or inhuman
13 treatment on an inmate or
14 offender on community
15 supervision, resulting in great
16 bodily harm.
17 944.40 2nd Escapes.
18 944.46 3rd Harboring, concealing, aiding
19 escaped prisoners.
20 944.47(1)(a)5. 2nd Introduction of contraband
21 (firearm, weapon, or explosive)
22 into correctional facility.
23 951.22(1) 3rd Intoxicating drug, firearm, or
24 weapon introduced into county
25 facility.
26 Section 3. This act shall take effect October 1, 2007.
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