| 1 | A bill to be entitled |
| 2 | An act relating to retail theft; amending s. 812.015, |
| 3 | F.S.; providing enhanced penalties for retail theft |
| 4 | exceeding a specified amount for persons who individually, |
| 5 | or in concert with others, coordinate the activities of |
| 6 | one or more persons in committing the offense; amending s. |
| 7 | 921.0022, F.S.; conforming the Criminal Punishment Code |
| 8 | offense severity ranking chart; providing an effective |
| 9 | date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Subsections (8) and (9) of section 812.015, |
| 14 | Florida Statutes, are amended to read: |
| 15 | 812.015 Retail and farm theft; transit fare evasion; |
| 16 | mandatory fine; alternative punishment; detention and arrest; |
| 17 | exemption from liability for false arrest; resisting arrest; |
| 18 | penalties.-- |
| 19 | (8) Except as provided in subsection (9), If a person who |
| 20 | commits retail theft commits , it is a felony of the third |
| 21 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 22 | 775.084, if the property stolen is valued at $300 or more, and |
| 23 | the person: |
| 24 | (a) Individually, or in concert with one or more other |
| 25 | persons, coordinates the activities of one or more individuals |
| 26 | in committing the offense, in which case the amount of each |
| 27 | individual theft is aggregated to determine the value of the |
| 28 | property stolen; |
| 29 | (b) Commits theft from more than one location within a 48- |
| 30 | hour period, in which case the amount of each individual theft |
| 31 | is aggregated to determine the value of the property stolen; |
| 32 | (c) Acts in concert with one or more other individuals |
| 33 | within one or more establishments to distract the merchant, |
| 34 | merchant's employee, or law enforcement officer in order to |
| 35 | carry out the offense, or acts in other ways to coordinate |
| 36 | efforts to carry out the offense; or |
| 37 | (d) Commits the offense through the purchase of |
| 38 | merchandise in a package or box that contains merchandise other |
| 39 | than, or in addition to, the merchandise purported to be |
| 40 | contained in the package or box. |
| 41 | (9) A Any person commits a felony of the second degree, |
| 42 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 43 | if the person: |
| 44 | (a) who Violates subsection (8) and who has previously |
| 45 | been convicted of a violation of subsection (8); or |
| 46 | (b) Individually, or in concert with one or more other |
| 47 | persons, coordinates the activities of one or more persons in |
| 48 | committing the offense of retail theft where the stolen property |
| 49 | has a value in excess of $3,000 commits a felony of the second |
| 50 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 51 | 775.084. |
| 52 | Section 2. Paragraph (f) of subsection (3) of section |
| 53 | 921.0022, Florida Statutes, is amended to read: |
| 54 | (3) OFFENSE SEVERITY RANKING CHART |
| | | FloridaStatute | FelonyDegree | Description |
|
| 55 |
|
| | |
| 56 |
|
| | | 316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
| 57 |
|
| | | 499.0051(3) | 2nd | Forgery of pedigree papers. |
|
| 58 |
|
| | | 499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
| 59 |
|
| | | 499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
| 60 |
|
| | | 775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
| 61 |
|
| | | 784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
| 62 |
|
| | | 784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
| 63 |
|
| | | 784.041 | 3rd | Felony battery. |
|
| 64 |
|
| | | 784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
| 65 |
|
| | | 784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
| 66 |
|
| | | 784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
| 67 |
|
| | | 784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
| 68 |
|
| | | 784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
| 69 |
|
| | | 784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
| 70 |
|
| | | 784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
| 71 |
|
| | | 784.083(2) | 2nd | Aggravated assault on code inspector. |
|
| 72 |
|
| | | 787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
| 73 |
|
| | | 790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
| 74 |
|
| | | 790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
| 75 |
|
| | | 790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
| 76 |
|
| | | 790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
| 77 |
|
| | | 794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
| 78 |
|
| | | 794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
| 79 |
|
| | | 800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
| 80 |
|
| | | 800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
| 81 |
|
| | | 806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
| 82 |
|
| | | 810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
| 83 |
|
| | | 812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
| 84 |
|
| | | 812.015(9)(a) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
| 85 |
|
| | | 812.015(9)(b) | 2nd | Retail theft; property stolen $3,000 or more; coordination of others. |
|
| 86 |
|
| | | 812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
| 87 |
|
| | | 817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
| 88 |
|
| | | 817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
| 89 |
|
| | | 825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
| 90 |
|
| | | 825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
| 91 |
|
| | | 825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
| 92 |
|
| | | 825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
| 93 |
|
| | | 827.03(1) | 3rd | Abuse of a child. |
|
| 94 |
|
| | | 827.03(3)(c) | 3rd | Neglect of a child. |
|
| 95 |
|
| | | 827.071(2) & (3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
| 96 |
|
| | | 836.05 | 2nd | Threats; extortion. |
|
| 97 |
|
| | | 836.10 | 2nd | Written threats to kill or do bodily injury. |
|
| 98 |
|
| | | 843.12 | 3rd | Aids or assists person to escape. |
|
| 99 |
|
| | | 847.0135(2) | 3rd | Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. |
|
| 100 |
|
| | | 914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
| 101 |
|
| | | 944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
| 102 |
|
| | |
| 103 |
|
| | | 944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
| 104 |
|
| | | 944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
| 105 |
|
| | | 951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
| 106 |
|
| 107 | Section 3. This act shall take effect October 1, 2007. |