Florida Senate - 2016                                     SB 714
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00750-16                                            2016714__
    1                        A bill to be entitled                      
    2         An act relating to theft; amending s. 812.014, F.S.;
    3         increasing the minimum monetary value that must be
    4         attributed to certain property for the theft of such
    5         property to reach the threshold for prosecution as a
    6         felony of the third degree or a misdemeanor of the
    7         first degree, under specified circumstances;
    8         authorizing a law enforcement officer who has probable
    9         cause to believe that an offender has committed retail
   10         theft to issue a notice to appear in lieu of arresting
   11         the offender under certain circumstances; authorizing
   12         a state attorney to establish a retail theft diversion
   13         program for the purpose of diverting offenders from
   14         criminal prosecution if the offender meets certain
   15         criteria; providing eligibility criteria for
   16         participation in a retail theft diversion program;
   17         requiring the state attorney to mail a notice to
   18         appear to an offender upon referral to a diversion
   19         program; requiring each participant in the retail
   20         theft diversion program to complete specified
   21         conditions; providing that an offender may be
   22         prosecuted for the retail theft if all conditions of
   23         the diversion program are not fulfilled; authorizing a
   24         state attorney to collect a fee from each participant
   25         in the program; setting a limit on the fee for each
   26         offender; amending s. 812.015, F.S.; increasing the
   27         minimum monetary value that must be attributed to
   28         retail property for the theft of such property to
   29         reach the threshold amount for prosecution as a felony
   30         of the third degree; amending s. 921.0022, F.S.;
   31         conforming provisions to changes made by the act;
   32         reenacting s. 943.051(3)(b), F.S., relating to the
   33         Criminal Justice Information Program, to incorporate
   34         the amendment made to s. 812.014, F.S., in a reference
   35         thereto; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (2) of section 812.014, Florida
   40  Statutes, is amended, paragraph (a) of subsection (3) of that
   41  section is republished, and paragraphs (e) and (f) are added to
   42  that subsection, to read:
   43         812.014 Theft.—
   44         (2)(a)1. If the property stolen is valued at $100,000 or
   45  more or is a semitrailer that was deployed by a law enforcement
   46  officer; or
   47         2. If the property stolen is cargo valued at $50,000 or
   48  more that has entered the stream of interstate or intrastate
   49  commerce from the shipper’s loading platform to the consignee’s
   50  receiving dock; or
   51         3. If the offender commits any grand theft and:
   52         a. In the course of committing the offense the offender
   53  uses a motor vehicle as an instrumentality, other than merely as
   54  a getaway vehicle, to assist in committing the offense and
   55  thereby damages the real property of another; or
   56         b. In the course of committing the offense the offender
   57  causes damage to the real or personal property of another in
   58  excess of $1,000,
   59  
   60  the offender commits grand theft in the first degree, punishable
   61  as a felony of the first degree, as provided in s. 775.082, s.
   62  775.083, or s. 775.084.
   63         (b)1. If the property stolen is valued at $20,000 or more,
   64  but less than $100,000;
   65         2. The property stolen is cargo valued at less than $50,000
   66  which that has entered the stream of interstate or intrastate
   67  commerce from the shipper’s loading platform to the consignee’s
   68  receiving dock;
   69         3. The property stolen is emergency medical equipment,
   70  valued at $300 or more, which that is taken from a facility
   71  licensed under chapter 395 or from an aircraft or vehicle
   72  permitted under chapter 401; or
   73         4. The property stolen is law enforcement equipment, valued
   74  at $300 or more, which that is taken from an authorized
   75  emergency vehicle, as defined in s. 316.003,
   76  
   77  the offender commits grand theft in the second degree,
   78  punishable as a felony of the second degree, as provided in s.
   79  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
   80  means mechanical or electronic apparatus used to provide
   81  emergency services and care as defined in s. 395.002(9) or to
   82  treat medical emergencies. Law enforcement equipment means any
   83  property, device, or apparatus used by any law enforcement
   84  officer as defined in s. 943.10 in the officer’s official
   85  business. However, if the property is stolen within a county
   86  that is subject to a state of emergency declared by the Governor
   87  under chapter 252, the theft is committed after the declaration
   88  of emergency is made, and the perpetration of the theft is
   89  facilitated by conditions arising from the emergency, the theft
   90  is a felony of the first degree, punishable as provided in s.
   91  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
   92  the term “conditions arising from the emergency” means civil
   93  unrest, power outages, curfews, voluntary or mandatory
   94  evacuations, or a reduction in the presence of or response time
   95  for first responders or homeland security personnel. For
   96  purposes of sentencing under chapter 921, a felony offense that
   97  is reclassified under this paragraph is ranked one level above
   98  the ranking under s. 921.0022 or s. 921.0023 of the offense
   99  committed.
  100         (c) It is grand theft of the third degree and a felony of
  101  the third degree, punishable as provided in s. 775.082, s.
  102  775.083, or s. 775.084, if the property stolen is:
  103         1. Valued at $1,000 $300 or more, but less than $5,000.
  104         2. Valued at $5,000 or more, but less than $10,000.
  105         3. Valued at $10,000 or more, but less than $20,000.
  106         4. A will, codicil, or other testamentary instrument.
  107         5. A firearm.
  108         6. A motor vehicle, except as provided in paragraph (a).
  109         7. Any commercially farmed animal, including any animal of
  110  the equine, bovine, or swine class or other grazing animal; a
  111  bee colony of a registered beekeeper; and aquaculture species
  112  raised at a certified aquaculture facility. If the property
  113  stolen is aquaculture species raised at a certified aquaculture
  114  facility, then a $10,000 fine shall be imposed.
  115         8. Any fire extinguisher.
  116         9. Any amount of citrus fruit consisting of 2,000 or more
  117  individual pieces of fruit.
  118         10. Taken from a designated construction site identified by
  119  the posting of a sign as provided for in s. 810.09(2)(d).
  120         11. Any stop sign.
  121         12. Anhydrous ammonia.
  122         13. Any amount of a controlled substance as defined in s.
  123  893.02. Notwithstanding any other law, separate judgments and
  124  sentences for theft of a controlled substance under this
  125  subparagraph and for any applicable possession of controlled
  126  substance offense under s. 893.13 or trafficking in controlled
  127  substance offense under s. 893.135 may be imposed when all such
  128  offenses involve the same amount or amounts of a controlled
  129  substance.
  130  
  131  However, if the property is stolen within a county that is
  132  subject to a state of emergency declared by the Governor under
  133  chapter 252, the property is stolen after the declaration of
  134  emergency is made, and the perpetration of the theft is
  135  facilitated by conditions arising from the emergency, the
  136  offender commits a felony of the second degree, punishable as
  137  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  138  property is valued at $5,000 or more, but less than $10,000, as
  139  provided under subparagraph 2., or if the property is valued at
  140  $10,000 or more, but less than $20,000, as provided under
  141  subparagraph 3. As used in this paragraph, the term “conditions
  142  arising from the emergency” means civil unrest, power outages,
  143  curfews, voluntary or mandatory evacuations, or a reduction in
  144  the presence of or the response time for first responders or
  145  homeland security personnel. For purposes of sentencing under
  146  chapter 921, a felony offense that is reclassified under this
  147  paragraph is ranked one level above the ranking under s.
  148  921.0022 or s. 921.0023 of the offense committed.
  149         (d) It is grand theft of the third degree and a felony of
  150  the third degree, punishable as provided in s. 775.082, s.
  151  775.083, or s. 775.084, if the property stolen is valued at $600
  152  $100 or more, but less than $1,000 $300, and is taken from a
  153  dwelling as defined in s. 810.011(2) or from the unenclosed
  154  curtilage of a dwelling pursuant to s. 810.09(1).
  155         (e) Except as provided in paragraph (d), if the property
  156  stolen is valued at $600 $100 or more, but less than $1,000
  157  $300, the offender commits petit theft of the first degree,
  158  punishable as a misdemeanor of the first degree, as provided in
  159  s. 775.082 or s. 775.083.
  160         (3)(a) Theft of any property not specified in subsection
  161  (2) is petit theft of the second degree and a misdemeanor of the
  162  second degree, punishable as provided in s. 775.082 or s.
  163  775.083, and as provided in subsection (5), as applicable.
  164         (e)If a law enforcement officer has probable cause to
  165  believe that a person has committed retail theft as defined in
  166  s. 812.015(1), the officer may issue a notice to appear in lieu
  167  of arresting the offender if the aggregate value of the
  168  merchandise stolen is less than $1,000 and the offender has no
  169  previous criminal convictions. The officer may lawfully detain
  170  the offender until the offender’s identity and criminal history
  171  have been provided to the officer to allow him or her to make an
  172  informed decision regarding whether to issue the notice to
  173  appear in lieu of arrest.
  174         (f)A state attorney may establish a retail theft diversion
  175  program in the state attorney’s office or may use an independent
  176  contractor for the purpose of diverting from prosecution
  177  offenders who meet the criteria set forth in paragraph (e).
  178  However, the establishment and operation of a diversion program
  179  does not supersede the authority of the state attorney to
  180  prosecute an offender for committing retail theft.
  181         1.Upon receipt of a complaint or notice to appear alleging
  182  the crime of retail theft, a state attorney who operates a
  183  retail theft diversion program shall determine whether the
  184  offender is eligible for referral to the retail theft diversion
  185  program. In making such a determination, the state attorney
  186  shall consider:
  187         a.The value of the merchandise stolen in the retail theft;
  188         b.The existence of other pending complaints or criminal
  189  charges against the offender;
  190         c.The strength of the evidence of the retail theft; and
  191         d.The victim’s input.
  192         2.Upon referral of the offender to the retail theft
  193  diversion program, the state attorney shall mail a copy of the
  194  notice to appear to the offender. The notice must contain:
  195         a.The date and location of the alleged retail theft;
  196         b.The date before which the offender must contact the
  197  retail theft diversion program concerning the notice to appear;
  198  and
  199         c.A statement of the maximum penalty for the retail theft.
  200         3.If the state attorney allows the offender to enter the
  201  retail theft diversion program, the state attorney shall enter
  202  into a written agreement with the offender to divert him or her
  203  from prosecution for retail theft. The diversion agreement must
  204  include all of the following conditions, which must be accepted
  205  by the offender:
  206         a.Attendance and proof of completion of a program designed
  207  to assist, educate, and prevent future unlawful conduct by the
  208  offender;
  209         b.Full restitution of the value of the retail theft, if a
  210  value is established;
  211         c.Full payment of fees due under subparagraph 5.; and
  212         d.A knowing and intelligent waiver of his or her right to
  213  a speedy trial for the period of his or her diversion.
  214         4.An offender who does not fulfill all of the conditions
  215  imposed under subparagraph 3. may be prosecuted for the crime of
  216  retail theft.
  217         5.The state attorney may collect a fee from each
  218  participating offender to fund the retail theft diversion
  219  program. The fee may not exceed $250.
  220         Section 2. Subsection (8) of section 812.015, Florida
  221  Statutes, is amended, and subsection (9) of that section is
  222  republished, to read:
  223         812.015 Retail and farm theft; transit fare evasion;
  224  mandatory fine; alternative punishment; detention and arrest;
  225  exemption from liability for false arrest; resisting arrest;
  226  penalties.—
  227         (8) Except as provided in subsection (9), a person who
  228  commits retail theft commits a felony of the third degree,
  229  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  230  if the property stolen is valued at $1,000 $300 or more, and the
  231  person:
  232         (a) Individually, or in concert with one or more other
  233  persons, coordinates the activities of one or more individuals
  234  in committing the offense, in which case the amount of each
  235  individual theft is aggregated to determine the value of the
  236  property stolen;
  237         (b) Commits theft from more than one location within a 48
  238  hour period, in which case the amount of each individual theft
  239  is aggregated to determine the value of the property stolen;
  240         (c) Acts in concert with one or more other individuals
  241  within one or more establishments to distract the merchant,
  242  merchant’s employee, or law enforcement officer in order to
  243  carry out the offense, or acts in other ways to coordinate
  244  efforts to carry out the offense; or
  245         (d) Commits the offense through the purchase of merchandise
  246  in a package or box that contains merchandise other than, or in
  247  addition to, the merchandise purported to be contained in the
  248  package or box.
  249         (9) A person commits a felony of the second degree,
  250  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  251  if the person:
  252         (a) Violates subsection (8) and has previously been
  253  convicted of a violation of subsection (8); or
  254         (b) Individually, or in concert with one or more other
  255  persons, coordinates the activities of one or more persons in
  256  committing the offense of retail theft where the stolen property
  257  has a value in excess of $3,000.
  258         Section 3. Paragraphs (b) and (e) of subsection (3) of
  259  section 921.0022, Florida Statutes, are amended to read:
  260         921.0022 Criminal Punishment Code; offense severity ranking
  261  chart.—
  262         (3) OFFENSE SEVERITY RANKING CHART
  263         (b) LEVEL 2
  264  
  265  FloridaStatute             FelonyDegree        Description        
  266  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  267  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  268  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  269  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  270  590.28(1)                      3rd     Intentional burning of lands.
  271  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  272  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  273  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  274  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  275  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  276  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
  277  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $600 $100 or more but less than $1,000 $300, taken from unenclosed curtilage of dwelling.
  278  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  279  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  280  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  281  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  282  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  283  817.60(5)                      3rd     Dealing in credit cards of another.
  284  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  285  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  286  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  287  831.01                         3rd     Forgery.                   
  288  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  289  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  290  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  291  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  292  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  293  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  294  843.08                         3rd     False personation.         
  295  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
  296  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  297         (e) LEVEL 5
  298  
  299  FloridaStatute              FelonyDegree        Description        
  300  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  301  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  302  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  303  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  304  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  305  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  306  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  307  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  308  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  309  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  310  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  311  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  312  790.01(2)                        3rd     Carrying a concealed firearm.
  313  790.162                          2nd     Threat to throw or discharge destructive device.
  314  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
  315  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  316  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  317  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  318  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  319  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  320  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  321  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  322  812.015(8)                       3rd     Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
  323  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  324  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  325  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  326  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  327  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  328  817.2341(1), (2)(a) & (3)(a)     3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  329  817.568(2)(b)                    2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  330  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  331  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  332  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  333  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  334  839.13(2)(b)                     2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  335  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  336  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  337  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  338  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  339  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  340  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  341  893.13(1)(a)1.                   2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  342  893.13(1)(c)2.                   2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  343  893.13(1)(d)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  344  893.13(1)(e)2.                   2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  345  893.13(1)(f)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  346  893.13(4)(b)                     2nd     Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  347  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  348         Section 4. For the purpose of incorporating the amendment
  349  made by this act to section 812.014, Florida Statutes, in a
  350  reference thereto, paragraph (b) of subsection (3) of section
  351  943.051, Florida Statutes, is reenacted to read:
  352         943.051 Criminal justice information; collection and
  353  storage; fingerprinting.—
  354         (3)
  355         (b) A minor who is charged with or found to have committed
  356  the following offenses shall be fingerprinted and the
  357  fingerprints shall be submitted electronically to the
  358  department, unless the minor is issued a civil citation pursuant
  359  to s. 985.12:
  360         1. Assault, as defined in s. 784.011.
  361         2. Battery, as defined in s. 784.03.
  362         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  363         4. Unlawful use of destructive devices or bombs, as defined
  364  in s. 790.1615(1).
  365         5. Neglect of a child, as defined in s. 827.03(1)(e).
  366         6. Assault or battery on a law enforcement officer, a
  367  firefighter, or other specified officers, as defined in s.
  368  784.07(2)(a) and (b).
  369         7. Open carrying of a weapon, as defined in s. 790.053.
  370         8. Exposure of sexual organs, as defined in s. 800.03.
  371         9. Unlawful possession of a firearm, as defined in s.
  372  790.22(5).
  373         10. Petit theft, as defined in s. 812.014(3).
  374         11. Cruelty to animals, as defined in s. 828.12(1).
  375         12. Arson, as defined in s. 806.031(1).
  376         13. Unlawful possession or discharge of a weapon or firearm
  377  at a school-sponsored event or on school property, as provided
  378  in s. 790.115.
  379         Section 5. This act shall take effect July 1, 2016.