Florida Senate - 2017                              CS for SB 608
       
       
        
       By the Committee on Criminal Justice; and Senator Clemens
       
       
       
       
       
       591-02127A-17                                          2017608c1
    1                        A bill to be entitled                      
    2         An act relating to decreasing penalties for certain
    3         criminal acts; amending s. 316.1301, F.S.; deleting a
    4         criminal penalty prohibiting a person on a public
    5         street or highway from carrying a white or white
    6         tipped with red cane or walking stick unless the
    7         person is totally or partially blind; amending s.
    8         316.2956, F.S.; decreasing the penalty for a person
    9         who sells or installs sunscreening material in
   10         violation of specified provisions; amending s.
   11         316.646, F.S.; decreasing the penalty for a person who
   12         is required to maintain certain motor vehicle
   13         insurance coverage and who presents proof of insurance
   14         knowing that such insurance is not currently in force;
   15         amending s. 318.14, F.S.; decreasing the penalty for a
   16         person who willfully refuses to accept and to sign a
   17         citation indicating a promise to appear in a hearing;
   18         amending s. 322.03, F.S.; decreasing the penalty for a
   19         resident of this state who operates a commercial motor
   20         vehicle without possessing a commercial driver license
   21         under certain circumstances; amending s. 322.055,
   22         F.S.; decreasing the period for revocation or
   23         suspension of, or delay of eligibility for, driver
   24         licenses or driving privileges for certain persons
   25         convicted of certain drug offenses; deleting
   26         provisions authorizing a driver to petition the
   27         Department of Highway Safety and Motor Vehicles for
   28         restoration of his or her driving privilege; amending
   29         s. 562.14, F.S.; decreasing the penalty for selling,
   30         consuming, serving, or allowing to be served in a
   31         place having a license between midnight and 7 a.m. the
   32         next day; amending s. 562.50, F.S.; decreasing the
   33         penalty for selling, giving away, disposing of,
   34         exchanging, or bartering certain beverages or articles
   35         with a habitual drunkard after receiving notice from a
   36         family member about such person’s condition; amending
   37         s. 812.014, F.S.; increasing the minimum monetary
   38         value of stolen property for the crime of grand theft
   39         of the third degree; increasing the maximum monetary
   40         value for grand theft of the third degree involving
   41         theft of property from a dwelling or its unenclosed
   42         curtilage; increasing the maximum value for petit
   43         theft of the first degree; revising the list of
   44         offenses that make up grand theft of the third degree;
   45         deleting a criminal penalty for petit theft by an
   46         offender who has two or more prior theft convictions;
   47         amending s. 832.05, F.S.; revising threshold amounts
   48         for offenses involving giving worthless checks,
   49         drafts, and debit card orders; amending s. 832.062,
   50         F.S.; revising the threshold amount for offenses
   51         involving payments to the Department of Revenue;
   52         amending s. 921.0022, F.S.; conforming provisions to
   53         changes made by the act; conforming cross-references;
   54         reenacting ss. 318.18(3)(f) and 318.21(4), F.S.,
   55         relating to amounts of penalties and disposition of
   56         civil penalties by county courts, respectively, to
   57         incorporate the amendment made to s. 316.1301, F.S.,
   58         in references thereto; reenacting s. 320.02(5)(a),
   59         relating to proof of insurance coverage, to
   60         incorporate the amendment made to s. 316.646, F.S., in
   61         a reference thereto; reenacting ss. 95.18(10),
   62         373.6055(3)(c), 400.9935(3), 409.910(17)(g),
   63         489.126(4), 538.23(2), 550.6305(10), 634.319(2),
   64         634.421(2), 636.238(3), 642.038(2), 705.102(4),
   65         812.015(2), 812.0155(1) and (2), 812.14(4), (7), and
   66         (8), and 893.138(3), F.S., relating to adverse
   67         possession without color of title, criminal history
   68         checks for certain employees, clinic responsibilities,
   69         investigating suspected criminal violations or
   70         fraudulent activity related to theft, moneys received
   71         by contractors, violations and penalties, theft and
   72         penal sanctions for theft, reporting and accounting
   73         for funds, penalties for specified violations,
   74         reporting lost or abandoned property, second or
   75         subsequent conviction for petit theft, suspension of
   76         driver license following an adjudication of guilt for
   77         theft, theft of utility services, and local
   78         administrative action to abate a stolen-property
   79         related public nuisance, respectively, to incorporate
   80         the amendment made to s. 812.014, F.S., in references
   81         thereto; providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Present subsection (1) of section 316.1301,
   86  Florida Statutes, is amended to read:
   87         316.1301 Traffic regulations to assist blind persons.—
   88         (1) It is unlawful for any person, unless totally or
   89  partially blind or otherwise incapacitated, while on any public
   90  street or highway, to carry in a raised or extended position a
   91  cane or walking stick which is white in color or white tipped
   92  with red. A person who is convicted of a violation of this
   93  subsection is guilty of a misdemeanor of the second degree,
   94  punishable as provided in s. 775.082 or s. 775.083.
   95         Section 2. Subsection (3) of section 316.2956, Florida
   96  Statutes, is amended to read:
   97         316.2956 Violation of provisions relating to windshields,
   98  windows, and sunscreening material; penalties.—
   99         (3) Any person who sells or installs sunscreening material
  100  in violation of any provision of ss. 316.2951-316.2955 commits a
  101  noncriminal violation is guilty of a misdemeanor of the second
  102  degree, punishable as provided in s. 775.082 or s. 775.083.
  103         Section 3. Subsection (1) of section 316.646, Florida
  104  Statutes, is republished, and subsection (4) of that section is
  105  amended, to read:
  106         316.646 Security required; proof of security and display
  107  thereof.—
  108         (1) Any person required by s. 324.022 to maintain property
  109  damage liability security, required by s. 324.023 to maintain
  110  liability security for bodily injury or death, or required by s.
  111  627.733 to maintain personal injury protection security on a
  112  motor vehicle shall have in his or her immediate possession at
  113  all times while operating such motor vehicle proper proof of
  114  maintenance of the required security.
  115         (a) Such proof shall be in a uniform paper or electronic
  116  format, as prescribed by the department, a valid insurance
  117  policy, an insurance policy binder, a certificate of insurance,
  118  or such other proof as may be prescribed by the department.
  119         (b)1. The act of presenting to a law enforcement officer an
  120  electronic device displaying proof of insurance in an electronic
  121  format does not constitute consent for the officer to access any
  122  information on the device other than the displayed proof of
  123  insurance.
  124         2. The person who presents the device to the officer
  125  assumes the liability for any resulting damage to the device.
  126         (4) Any person presenting proof of insurance as required in
  127  subsection (1) who knows that the insurance as represented by
  128  such proof of insurance is not currently in force commits a
  129  noncriminal violation is guilty of a misdemeanor of the first
  130  degree, punishable as provided in s. 775.082 or s. 775.083.
  131         Section 4. Subsection (2) of section 318.14, Florida
  132  Statutes, is republished, and subsection (3) of that section is
  133  amended, to read:
  134         318.14 Noncriminal traffic infractions; exception;
  135  procedures.—
  136         (2) Except as provided in ss. 316.1001(2) and 316.0083, any
  137  person cited for a violation requiring a mandatory hearing
  138  listed in s. 318.19 or any other criminal traffic violation
  139  listed in chapter 316 must sign and accept a citation indicating
  140  a promise to appear. The officer may indicate on the traffic
  141  citation the time and location of the scheduled hearing and must
  142  indicate the applicable civil penalty established in s. 318.18.
  143  For all other infractions under this section, except for
  144  infractions under s. 316.1001, the officer must certify by
  145  electronic, electronic facsimile, or written signature that the
  146  citation was delivered to the person cited. This certification
  147  is prima facie evidence that the person cited was served with
  148  the citation.
  149         (3) Any person who willfully refuses to accept and sign a
  150  summons as provided in subsection (2) commits a noncriminal
  151  violation, punishable as provided in s. 775.083 misdemeanor of
  152  the second degree.
  153         Section 5. Subsection (3) of section 322.03, Florida
  154  Statutes, is amended to read:
  155         322.03 Drivers must be licensed; penalties.—
  156         (3)(a) The department may not issue a commercial driver
  157  license to any person who is not a resident of this state.
  158         (b) A resident of this state who is required by the laws of
  159  this state to possess a commercial driver license may not
  160  operate a commercial motor vehicle in this state unless he or
  161  she possesses a valid commercial driver license issued by this
  162  state. Except as provided in paragraph (c), any person who
  163  violates this paragraph commits is guilty of a misdemeanor of
  164  the second first degree, punishable as provided in s. 775.082 or
  165  s. 775.083.
  166         (c) Any person whose commercial driver license has been
  167  expired for a period of 30 days or less and who drives a
  168  commercial motor vehicle within this state commits is guilty of
  169  a nonmoving violation, punishable as provided in s. 318.18.
  170         Section 6. Subsections (1) through (4) of section 322.055,
  171  Florida Statutes, are amended to read:
  172         322.055 Revocation or suspension of, or delay of
  173  eligibility for, driver license for persons 18 years of age or
  174  older convicted of certain drug offenses.—
  175         (1) Notwithstanding s. 322.28, upon the conviction of a
  176  person 18 years of age or older for possession or sale of,
  177  trafficking in, or conspiracy to possess, sell, or traffic in a
  178  controlled substance, the court shall direct the department to
  179  revoke the driver license or driving privilege of the person.
  180  The period of such revocation shall be 6 months 1 year or until
  181  the person is evaluated for and, if deemed necessary by the
  182  evaluating agency, completes a drug treatment and rehabilitation
  183  program approved or regulated by the Department of Children and
  184  Families. However, the court may, in its sound discretion,
  185  direct the department to issue a license for driving privilege
  186  restricted to business or employment purposes only, as defined
  187  by s. 322.271, if the person is otherwise qualified for such a
  188  license. A driver whose license or driving privilege has been
  189  suspended or revoked under this section or s. 322.056 may, upon
  190  the expiration of 6 months, petition the department for
  191  restoration of the driving privilege on a restricted or
  192  unrestricted basis depending on length of suspension or
  193  revocation. In no case shall A restricted license may not be
  194  available until 6 months of the suspension or revocation period
  195  has been completed expired.
  196         (2) If a person 18 years of age or older is convicted for
  197  the possession or sale of, trafficking in, or conspiracy to
  198  possess, sell, or traffic in a controlled substance and such
  199  person is eligible by reason of age for a driver license or
  200  privilege, the court shall direct the department to withhold
  201  issuance of such person’s driver license or driving privilege
  202  for a period of 6 months 1 year after the date the person was
  203  convicted or until the person is evaluated for and, if deemed
  204  necessary by the evaluating agency, completes a drug treatment
  205  and rehabilitation program approved or regulated by the
  206  Department of Children and Families. However, the court may, in
  207  its sound discretion, direct the department to issue a license
  208  for driving privilege restricted to business or employment
  209  purposes only, as defined by s. 322.271, if the person is
  210  otherwise qualified for such a license. A driver whose license
  211  or driving privilege has been suspended or revoked under this
  212  section or s. 322.056 may, upon the expiration of 6 months,
  213  petition the department for restoration of the driving privilege
  214  on a restricted or unrestricted basis depending on the length of
  215  suspension or revocation. In no case shall A restricted license
  216  may not be available until 6 months of the suspension or
  217  revocation period has been completed expired.
  218         (3) If a person 18 years of age or older is convicted for
  219  the possession or sale of, trafficking in, or conspiracy to
  220  possess, sell, or traffic in a controlled substance and such
  221  person’s driver license or driving privilege is already under
  222  suspension or revocation for any reason, the court shall direct
  223  the department to extend the period of such suspension or
  224  revocation by an additional period of 6 months 1 year or until
  225  the person is evaluated for and, if deemed necessary by the
  226  evaluating agency, completes a drug treatment and rehabilitation
  227  program approved or regulated by the Department of Children and
  228  Families. However, the court may, in its sound discretion,
  229  direct the department to issue a license for driving privilege
  230  restricted to business or employment purposes only, as defined
  231  by s. 322.271, if the person is otherwise qualified for such a
  232  license. A driver whose license or driving privilege has been
  233  suspended or revoked under this section or s. 322.056 may, upon
  234  the expiration of 6 months, petition the department for
  235  restoration of the driving privilege on a restricted or
  236  unrestricted basis depending on the length of suspension or
  237  revocation. In no case shall A restricted license may not be
  238  available until 6 months of the suspension or revocation period
  239  has been completed expired.
  240         (4) If a person 18 years of age or older is convicted for
  241  the possession or sale of, trafficking in, or conspiracy to
  242  possess, sell, or traffic in a controlled substance and such
  243  person is ineligible by reason of age for a driver license or
  244  driving privilege, the court shall direct the department to
  245  withhold issuance of such person’s driver license or driving
  246  privilege for a period of 6 months 1 year after the date that he
  247  or she would otherwise have become eligible or until he or she
  248  becomes eligible by reason of age for a driver license and is
  249  evaluated for and, if deemed necessary by the evaluating agency,
  250  completes a drug treatment and rehabilitation program approved
  251  or regulated by the Department of Children and Families.
  252  However, the court may, in its sound discretion, direct the
  253  department to issue a license for driving privilege restricted
  254  to business or employment purposes only, as defined by s.
  255  322.271, if the person is otherwise qualified for such a
  256  license. A driver whose license or driving privilege has been
  257  suspended or revoked under this section or s. 322.056 may, upon
  258  the expiration of 6 months, petition the department for
  259  restoration of the driving privilege on a restricted or
  260  unrestricted basis depending on the length of suspension or
  261  revocation. In no case shall A restricted license may not be
  262  available until 6 months of the suspension or revocation period
  263  has been completed expired.
  264         Section 7. Section 562.14, Florida Statutes, is amended to
  265  read:
  266         562.14 Regulating the time for sale of alcoholic and
  267  intoxicating beverages; prohibiting use of licensed premises.—
  268         (1) Except as otherwise provided by county or municipal
  269  ordinance, no alcoholic beverages may not be sold, consumed,
  270  served, or permitted to be served or consumed in any place
  271  holding a license under the division between the hours of
  272  midnight and 7 a.m. of the following day. This section does
  273  shall not apply to railroads selling only to passengers for
  274  consumption on railroad cars. A person who violates this
  275  subsection commits a noncriminal violation, punishable as
  276  provided in s. 775.083.
  277         (2) Except as otherwise provided by county or municipal
  278  ordinance, a no vendor issued an alcoholic beverage license to
  279  sell alcoholic beverages for consumption on the vendor’s
  280  licensed premises and whose principal business is the sale of
  281  alcoholic beverages may not, shall allow the licensed premises,
  282  as defined in s. 561.01(11), to be rented, leased, or otherwise
  283  used during the hours in which the sale of alcoholic beverages
  284  is prohibited. However, this prohibition does shall not apply to
  285  the rental, lease, or other use of the licensed premises on
  286  Sundays after 8 a.m. Further, neither this subsection, nor any
  287  local ordinance adopted pursuant to this subsection, shall be
  288  construed to apply to a theme park complex as defined in s.
  289  565.02(6) or an entertainment/resort complex as defined in s.
  290  561.01(18). A person who violates this subsection commits a
  291  misdemeanor of the second degree, punishable as provided in s.
  292  775.082 or s. 775.083.
  293         (3) The division is not shall not be responsible for the
  294  enforcement of the hours of sale established by county or
  295  municipal ordinance.
  296         (4) Any person violating this section shall be guilty of a
  297  misdemeanor of the second degree, punishable as provided in s.
  298  775.082 or s. 775.083.
  299         Section 8. Section 562.50, Florida Statutes, is amended to
  300  read:
  301         562.50 Habitual drunkards; furnishing intoxicants to, after
  302  notice.—Any person who shall sell, give away, dispose of,
  303  exchange, or barter any alcoholic beverage, or any essence,
  304  extract, bitters, preparation, compound, composition, or any
  305  article whatsoever under any name, label, or brand, which
  306  produces intoxication, to any person habitually addicted to the
  307  use of any or all such intoxicating liquors, after having been
  308  given written notice by wife, husband, father, mother, sister,
  309  brother, child, or nearest relative that said person so addicted
  310  is an habitual drunkard and that the use of intoxicating drink
  311  or drinks is working an injury to the person using said liquors,
  312  or to the person giving said written notice, commits a
  313  noncriminal violation shall be guilty of a misdemeanor of the
  314  second degree, punishable as provided in s. 775.082 or s.
  315  775.083.
  316         Section 9. Paragraphs (c), (d), and (e) of subsection (2)
  317  and paragraph (c) of subsection (3) of section 812.014, Florida
  318  Statutes, are amended to read:
  319         812.014 Theft.—
  320         (2)
  321         (c) It is grand theft of the third degree and a felony of
  322  the third degree, punishable as provided in s. 775.082, s.
  323  775.083, or s. 775.084, if the property stolen is:
  324         1. Valued at $1,000 $300 or more, but less than $5,000.
  325         2. Valued at $5,000 or more, but less than $10,000.
  326         3. Valued at $10,000 or more, but less than $20,000.
  327         4. A will, codicil, or other testamentary instrument.
  328         4.5. A firearm.
  329         5.6. A motor vehicle, except as provided in paragraph (a).
  330         6.7. Any commercially farmed animal, including any animal
  331  of the equine, bovine, or swine class or other grazing animal; a
  332  bee colony of a registered beekeeper; and aquaculture species
  333  raised at a certified aquaculture facility. If the property
  334  stolen is aquaculture species raised at a certified aquaculture
  335  facility, then a $10,000 fine shall be imposed.
  336         7.8. Any fire extinguisher.
  337         8.9. Any amount of citrus fruit consisting of 2,000 or more
  338  individual pieces of fruit.
  339         9.10. Taken from a designated construction site identified
  340  by the posting of a sign as provided for in s. 810.09(2)(d).
  341         11. Any stop sign.
  342         10.12. Anhydrous ammonia.
  343         11.13. Any amount of a controlled substance as defined in
  344  s. 893.02. Notwithstanding any other law, separate judgments and
  345  sentences for theft of a controlled substance under this
  346  subparagraph and for any applicable possession of controlled
  347  substance offense under s. 893.13 or trafficking in controlled
  348  substance offense under s. 893.135 may be imposed when all such
  349  offenses involve the same amount or amounts of a controlled
  350  substance.
  351  
  352  However, if the property is stolen within a county that is
  353  subject to a state of emergency declared by the Governor under
  354  chapter 252, the property is stolen after the declaration of
  355  emergency is made, and the perpetration of the theft is
  356  facilitated by conditions arising from the emergency, the
  357  offender commits a felony of the second degree, punishable as
  358  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  359  property is valued at $5,000 or more, but less than $10,000, as
  360  provided under subparagraph 2., or if the property is valued at
  361  $10,000 or more, but less than $20,000, as provided under
  362  subparagraph 3. As used in this paragraph, the term “conditions
  363  arising from the emergency” means civil unrest, power outages,
  364  curfews, voluntary or mandatory evacuations, or a reduction in
  365  the presence of or the response time for first responders or
  366  homeland security personnel. For purposes of sentencing under
  367  chapter 921, a felony offense that is reclassified under this
  368  paragraph is ranked one level above the ranking under s.
  369  921.0022 or s. 921.0023 of the offense committed.
  370         (d) It is grand theft of the third degree and a felony of
  371  the third degree, punishable as provided in s. 775.082, s.
  372  775.083, or s. 775.084, if the property stolen is valued at $100
  373  or more, but less than $1,000 $300, and is taken from a dwelling
  374  as defined in s. 810.011(2) or from the unenclosed curtilage of
  375  a dwelling pursuant to s. 810.09(1).
  376         (e) Except as provided in paragraph (d), if the property
  377  stolen is valued at $100 or more, but less than $1,000 $300, the
  378  offender commits petit theft of the first degree, punishable as
  379  a misdemeanor of the first degree, as provided in s. 775.082 or
  380  s. 775.083.
  381         (3)
  382         (c) A person who commits petit theft and who has previously
  383  been convicted two or more times of any theft commits a felony
  384  of the third degree, punishable as provided in s. 775.082 or s.
  385  775.083.
  386         Section 10. Paragraph (b) of subsection (2) and paragraph
  387  (c) of subsection (4) of section 832.05, Florida Statutes, are
  388  amended to read:
  389         832.05 Giving worthless checks, drafts, and debit card
  390  orders; penalty; duty of drawee; evidence; costs; complaint
  391  form.—
  392         (2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS;
  393  PENALTY.—
  394         (b) A violation of the provisions of this subsection
  395  constitutes a misdemeanor of the first degree, punishable as
  396  provided in s. 775.082 or s. 775.083, unless the check, draft,
  397  debit card order, or other written order drawn, made, uttered,
  398  issued, or delivered is in the amount of $500 $150, or its
  399  equivalent, or more and the payee or a subsequent holder thereof
  400  receives something of value therefor. In that event, the
  401  violation constitutes a felony of the third degree, punishable
  402  as provided in s. 775.082, s. 775.083, or s. 775.084.
  403         (4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS
  404  CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
  405         (c) A violation of the provisions of this subsection, if
  406  the check, draft, other written order, or debit card order is
  407  for an amount less than $500 $150 or its equivalent, constitutes
  408  a misdemeanor of the first degree, punishable as provided in s.
  409  775.082 or s. 775.083. A violation of the provisions of this
  410  subsection, if the check, draft, other written order, or debit
  411  card order is in the amount of $500 $150, or its equivalent, or
  412  more, constitutes a felony of the third degree, punishable as
  413  provided in s. 775.082, s. 775.083, or s. 775.084.
  414         Section 11. Subsection (2) of section 832.062, Florida
  415  Statutes, is amended, and subsection (1) of that section is
  416  republished, to read:
  417         832.062 Prosecution for worthless checks, drafts, debit
  418  card orders, or electronic funds transfers made to pay any tax
  419  or associated amount administered by the Department of Revenue.—
  420         (1) It is unlawful for any person, firm, or corporation to
  421  draw, make, utter, issue, or deliver to the Department of
  422  Revenue any check, draft, or other written order on any bank or
  423  depository, to use a debit card, to make, send, instruct, order,
  424  or initiate any electronic funds transfer, or to cause or direct
  425  the making, sending, instructing, ordering, or initiating of any
  426  electronic funds transfer, for the payment of any taxes,
  427  penalties, interest, fees, or associated amounts administered by
  428  the Department of Revenue, knowing at the time of the drawing,
  429  making, uttering, issuing, or delivering such check, draft, or
  430  other written order, at the time of using such debit card, at
  431  the time of making, sending, instructing, ordering, or
  432  initiating any electronic funds transfer, or at the time of
  433  causing or directing the making, sending, instructing, ordering,
  434  initiating, or executing of any electronic funds transfer, that
  435  the maker, drawer, sender, or receiver thereof has not
  436  sufficient funds on deposit in or credit with such bank or
  437  depository with which to pay the same on presentation. This
  438  section does not apply to any check or electronic funds transfer
  439  when the Department of Revenue knows or has been expressly
  440  notified prior to the drawing or uttering of the check or the
  441  sending or initiating of the electronic funds transfer, or has
  442  reason to believe, that the drawer, sender, or receiver did not
  443  have on deposit or to the drawer’s, sender’s, or receiver’s
  444  credit with the drawee or receiving bank or depository
  445  sufficient funds to ensure payment as aforesaid, and this
  446  section does not apply to any postdated check.
  447         (2) A violation of this section constitutes a misdemeanor
  448  of the second degree, punishable as provided in s. 775.082 or s.
  449  775.083, unless the check, draft, debit card order, or other
  450  written order drawn, made, uttered, issued, or delivered, or
  451  electronic funds transfer made, sent, instructed, ordered, or
  452  initiated, or caused or directed to be made, sent, instructed,
  453  ordered, or initiated is in the amount of $500 $150 or more. In
  454  that event, the violation constitutes a felony of the third
  455  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  456  775.084.
  457         Section 12. Paragraphs (a) through (d) of subsection (3) of
  458  section 921.0022, Florida Statutes, are amended to read:
  459         921.0022 Criminal Punishment Code; offense severity ranking
  460  chart.—
  461         (3) OFFENSE SEVERITY RANKING CHART
  462         (a) LEVEL 1
  463  
  464  FloridaStatute          FelonyDegree          Description          
  465  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  466  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  467  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  468  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  469  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  470  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  471  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  472  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  473  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  474  322.212(5)(a)               3rd     False application for driver license or identification card.
  475  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  476  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  477  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
  478  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  479  562.27(1)                   3rd     Possess still or still apparatus.
  480  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
  481  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  482  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  483  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  484  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  485  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  486  826.01                      3rd     Bigamy.                        
  487  828.122(3)                  3rd     Fighting or baiting animals.   
  488  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  489  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  490  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  491  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $500 $150 or more or obtaining property in return for worthless check $500 $150 or more.
  492  838.15(2)                   3rd     Commercial bribe receiving.    
  493  838.16                      3rd     Commercial bribery.            
  494  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  495  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  496  849.01                      3rd     Keeping gambling house.        
  497  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  498  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  499  849.25(2)                   3rd     Engaging in bookmaking.        
  500  860.08                      3rd     Interfere with a railroad signal.
  501  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  502  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  503  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  504  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  505  
  506  
  507         (b) LEVEL 2
  508  
  509  FloridaStatute             FelonyDegree        Description        
  510  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  511  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  512  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.
  513  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  514  590.28(1)                      3rd     Intentional burning of lands.
  515  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  516  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  517  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  518  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  519  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  520  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
  521  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $1,000 $300, taken from unenclosed curtilage of dwelling.
  522  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  523  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  524  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  525  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  526  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  527  817.60(5)                      3rd     Dealing in credit cards of another.
  528  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  529  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  530  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  531  831.01                         3rd     Forgery.                   
  532  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  533  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  534  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  535  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  536  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  537  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  538  843.08                         3rd     False personation.         
  539  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.
  540  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  541  
  542  
  543         (c) LEVEL 3
  544  
  545  FloridaStatute           FelonyDegree         Description          
  546  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  547  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  548  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  549  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  550  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  551  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  552  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  553  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  554  327.35(2)(b)                 3rd     Felony BUI.                   
  555  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  556  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  557  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  558  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  559  379.2431 (1)(e)6.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  560  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  561  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  562  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  563  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  564  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  565  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  566  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  567  697.08                       3rd     Equity skimming.              
  568  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  569  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  570  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  571  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  572  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  573  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  574  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  575  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  576  817.233                      3rd     Burning to defraud insurer.   
  577  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  578  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  579  817.236                      3rd     Filing a false motor vehicle insurance application.
  580  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  581  817.413(2)                   3rd     Sale of used goods as new.    
  582  817.505(4)                   3rd     Patient brokering.            
  583  828.12(2)                    3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  584  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  585  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  586  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  587  843.19                       3rd     Injure, disable, or kill police dog or horse.
  588  860.15(3)                    3rd     Overcharging for repairs and parts.
  589  870.01(2)                    3rd     Riot; inciting or encouraging.
  590  893.13(1)(a)2.               3rd     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).
  591  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver 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 university.
  592  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver 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 public housing facility.
  593  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  594  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  595  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  596  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  597  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  598  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  599  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  600  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  601  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  602  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  603  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  604  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  605  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  606  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  607  
  608  
  609         (d) LEVEL 4
  610  
  611  FloridaStatute              FelonyDegree        Description        
  612  316.1935(3)(a)                   2nd     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.
  613  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  614  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  615  517.07(1)                        3rd     Failure to register securities.
  616  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  617  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  618  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  619  784.075                          3rd     Battery on detention or commitment facility staff.
  620  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  621  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  622  784.081(3)                       3rd     Battery on specified official or employee.
  623  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  624  784.083(3)                       3rd     Battery on code inspector.
  625  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  626  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  627  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  628  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  629  787.07                           3rd     Human smuggling.          
  630  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  631  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  632  790.115(2)(c)                    3rd     Possessing firearm on school property.
  633  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  634  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  635  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  636  810.06                           3rd     Burglary; possession of tools.
  637  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  638  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  639  812.014(2)(c)4.-9.812.014 (2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, fire extinguisher, citrus fruit, construction site property etc.
  640  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  641  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  642  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  643  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  644  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  645  837.02(1)                        3rd     Perjury in official proceedings.
  646  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  647  838.022                          3rd     Official misconduct.      
  648  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  649  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  650  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  651  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  652  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  653  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  654  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  655  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  656  914.14(2)                        3rd     Witnesses accepting bribes.
  657  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  658  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  659  918.12                           3rd     Tampering with jurors.    
  660  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  661  
  662  
  663         Section 13. For the purpose of incorporating the amendment
  664  made by this act to section 316.1301, Florida Statutes, in a
  665  reference thereto, paragraph (f) of subsection (3) of section
  666  318.18, Florida Statutes, is reenacted to read:
  667         318.18 Amount of penalties.—The penalties required for a
  668  noncriminal disposition pursuant to s. 318.14 or a criminal
  669  offense listed in s. 318.17 are as follows:
  670         (3)
  671         (f) If a violation of s. 316.1301 or s. 316.1303(1) results
  672  in an injury to the pedestrian or damage to the property of the
  673  pedestrian, an additional fine of up to $250 shall be paid. This
  674  amount must be distributed pursuant to s. 318.21.
  675         Section 14. For the purpose of incorporating the amendment
  676  made by this act to section 316.1301, Florida Statutes, in a
  677  reference thereto, subsection (4) of section 318.21, Florida
  678  Statutes, is reenacted to read:
  679         318.21 Disposition of civil penalties by county courts.—All
  680  civil penalties received by a county court pursuant to the
  681  provisions of this chapter shall be distributed and paid monthly
  682  as follows:
  683         (4) Of the additional fine assessed under s. 318.18(3)(f)
  684  for a violation of s. 316.1301, 40 percent must be remitted to
  685  the Department of Revenue for deposit in the Grants and
  686  Donations Trust Fund of the Division of Blind Services of the
  687  Department of Education, and 60 percent must be distributed
  688  pursuant to subsections (1) and (2).
  689         Section 15. For the purpose of incorporating the amendment
  690  made by this act to section 316.646, Florida Statutes, in a
  691  reference thereto, paragraph (a) of subsection (5) of section
  692  320.02, Florida Statutes, is reenacted to read:
  693         320.02 Registration required; application for registration;
  694  forms.—
  695         (5)(a) Proof that personal injury protection benefits have
  696  been purchased if required under s. 627.733, that property
  697  damage liability coverage has been purchased as required under
  698  s. 324.022, that bodily injury or death coverage has been
  699  purchased if required under s. 324.023, and that combined bodily
  700  liability insurance and property damage liability insurance have
  701  been purchased if required under s. 627.7415 shall be provided
  702  in the manner prescribed by law by the applicant at the time of
  703  application for registration of any motor vehicle that is
  704  subject to such requirements. The issuing agent shall refuse to
  705  issue registration if such proof of purchase is not provided.
  706  Insurers shall furnish uniform proof-of-purchase cards in a
  707  paper or electronic format in a form prescribed by the
  708  department and include the name of the insured’s insurance
  709  company, the coverage identification number, and the make, year,
  710  and vehicle identification number of the vehicle insured. The
  711  card must contain a statement notifying the applicant of the
  712  penalty specified under s. 316.646(4). The card or insurance
  713  policy, insurance policy binder, or certificate of insurance or
  714  a photocopy of any of these; an affidavit containing the name of
  715  the insured’s insurance company, the insured’s policy number,
  716  and the make and year of the vehicle insured; or such other
  717  proof as may be prescribed by the department shall constitute
  718  sufficient proof of purchase. If an affidavit is provided as
  719  proof, it must be in substantially the following form:
  720  
  721  Under penalty of perjury, I ...(Name of insured)... do hereby
  722  certify that I have ...(Personal Injury Protection, Property
  723  Damage Liability, and, if required, Bodily Injury Liability)...
  724  Insurance currently in effect with ...(Name of insurance
  725  company)... under ...(policy number)... covering ...(make, year,
  726  and vehicle identification number of vehicle).... ...(Signature
  727  of Insured)...
  728  
  729  Such affidavit must include the following warning:
  730  
  731  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  732  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  733  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  734  SUBJECT TO PROSECUTION.
  735  
  736  If an application is made through a licensed motor vehicle
  737  dealer as required under s. 319.23, the original or a
  738  photostatic copy of such card, insurance policy, insurance
  739  policy binder, or certificate of insurance or the original
  740  affidavit from the insured shall be forwarded by the dealer to
  741  the tax collector of the county or the Department of Highway
  742  Safety and Motor Vehicles for processing. By executing the
  743  aforesaid affidavit, no licensed motor vehicle dealer will be
  744  liable in damages for any inadequacy, insufficiency, or
  745  falsification of any statement contained therein. A card must
  746  also indicate the existence of any bodily injury liability
  747  insurance voluntarily purchased.
  748         Section 16. For the purpose of incorporating the amendment
  749  made by this act to section 812.014, Florida Statutes, in a
  750  reference thereto, subsection (10) of section 95.18, Florida
  751  Statutes, is reenacted to read:
  752         95.18 Real property actions; adverse possession without
  753  color of title.—
  754         (10) A person who occupies or attempts to occupy a
  755  residential structure solely by claim of adverse possession
  756  under this section and offers the property for lease to another
  757  commits theft under s. 812.014.
  758         Section 17. For the purpose of incorporating the amendment
  759  made by this act to section 812.014, Florida Statutes, in a
  760  reference thereto, paragraph (c) of subsection (3) of section
  761  373.6055, Florida Statutes, is reenacted to read:
  762         373.6055 Criminal history checks for certain water
  763  management district employees and others.—
  764         (3)
  765         (c) In addition to other requirements for employment or
  766  access established by any water management district pursuant to
  767  its water management district’s security plan for buildings,
  768  facilities, and structures, each water management district’s
  769  security plan shall provide that:
  770         1. Any person who has within the past 7 years been
  771  convicted, regardless of whether adjudication was withheld, for
  772  a forcible felony as defined in s. 776.08; an act of terrorism
  773  as defined in s. 775.30; planting of a hoax bomb as provided in
  774  s. 790.165; any violation involving the manufacture, possession,
  775  sale, delivery, display, use, or attempted or threatened use of
  776  a weapon of mass destruction or hoax weapon of mass destruction
  777  as provided in s. 790.166; dealing in stolen property; any
  778  violation of s. 893.135; any violation involving the sale,
  779  manufacturing, delivery, or possession with intent to sell,
  780  manufacture, or deliver a controlled substance; burglary;
  781  robbery; any felony violation of s. 812.014; any violation of s.
  782  790.07; any crime an element of which includes use or possession
  783  of a firearm; any conviction for any similar offenses under the
  784  laws of another jurisdiction; or conviction for conspiracy to
  785  commit any of the listed offenses may not be qualified for
  786  initial employment within or authorized regular access to
  787  buildings, facilities, or structures defined in the water
  788  management district’s security plan as restricted access areas.
  789         2. Any person who has at any time been convicted of any of
  790  the offenses listed in subparagraph 1. may not be qualified for
  791  initial employment within or authorized regular access to
  792  buildings, facilities, or structures defined in the water
  793  management district’s security plan as restricted access areas
  794  unless, after release from incarceration and any supervision
  795  imposed as a sentence, the person remained free from a
  796  subsequent conviction, regardless of whether adjudication was
  797  withheld, for any of the listed offenses for a period of at
  798  least 7 years prior to the employment or access date under
  799  consideration.
  800         Section 18. For the purpose of incorporating the amendment
  801  made by this act to section 812.014, Florida Statutes, in a
  802  reference thereto, subsection (3) of section 400.9935, Florida
  803  Statutes, is reenacted to read:
  804         400.9935 Clinic responsibilities.—
  805         (3) A charge or reimbursement claim made by or on behalf of
  806  a clinic that is required to be licensed under this part but
  807  that is not so licensed, or that is otherwise operating in
  808  violation of this part, regardless of whether a service is
  809  rendered or whether the charge or reimbursement claim is paid,
  810  is an unlawful charge and is noncompensable and unenforceable. A
  811  person who knowingly makes or causes to be made an unlawful
  812  charge commits theft within the meaning of and punishable as
  813  provided in s. 812.014.
  814         Section 19. For the purpose of incorporating the amendment
  815  made by this act to section 812.014, Florida Statutes, in a
  816  reference thereto, paragraph (g) of subsection (17) of section
  817  409.910, Florida Statutes, is reenacted to read:
  818         409.910 Responsibility for payments on behalf of Medicaid
  819  eligible persons when other parties are liable.—
  820         (17)
  821         (g) The agency may investigate and request appropriate
  822  officers or agencies of the state to investigate suspected
  823  criminal violations or fraudulent activity related to third
  824  party benefits, including, without limitation, ss. 414.39 and
  825  812.014. Such requests may be directed, without limitation, to
  826  the Medicaid Fraud Control Unit of the Office of the Attorney
  827  General or to any state attorney. Pursuant to s. 409.913, the
  828  Attorney General has primary responsibility to investigate and
  829  control Medicaid fraud.
  830         Section 20. For the purpose of incorporating the amendment
  831  made by this act to section 812.014, Florida Statutes, in a
  832  reference thereto, subsection (4) of section 489.126, Florida
  833  Statutes, is reenacted to read:
  834         489.126 Moneys received by contractors.—
  835         (4) Any person who violates any provision of this section
  836  is guilty of theft and shall be prosecuted and punished under s.
  837  812.014.
  838         Section 21. For the purpose of incorporating the amendment
  839  made by this act to section 812.014, Florida Statutes, in a
  840  reference thereto, subsection (2) of section 538.23, Florida
  841  Statutes, is reenacted to read:
  842         538.23 Violations and penalties.—
  843         (2) A secondary metals recycler is presumed to know upon
  844  receipt of stolen regulated metals property in a purchase
  845  transaction that the regulated metals property has been stolen
  846  from another if the secondary metals recycler knowingly and
  847  intentionally fails to maintain the information required in s.
  848  538.19 and shall, upon conviction of a violation of s. 812.015,
  849  be punished as provided in s. 812.014(2) or (3).
  850         Section 22. For the purpose of incorporating the amendment
  851  made by this act to section 812.014, Florida Statutes, in a
  852  reference thereto, subsection (10) of section 550.6305, Florida
  853  Statutes, is reenacted to read:
  854         550.6305 Intertrack wagering; guest track payments;
  855  accounting rules.—
  856         (10) All races or games conducted at a permitholder’s
  857  facility, all broadcasts of such races or games, and all
  858  broadcast rights relating thereto are owned by the permitholder
  859  at whose facility such races or games are conducted and
  860  constitute the permitholder’s property as defined in s.
  861  812.012(4). Transmission, reception of a transmission,
  862  exhibition, use, or other appropriation of such races or games,
  863  broadcasts of such races or games, or broadcast rights relating
  864  thereto without the written consent of the permitholder
  865  constitutes a theft of such property under s. 812.014; and in
  866  addition to the penal sanctions contained in s. 812.014, the
  867  permitholder has the right to avail itself of the civil remedies
  868  specified in ss. 772.104, 772.11, and 812.035 in addition to any
  869  other remedies available under applicable state or federal law.
  870         Section 23. For the purpose of incorporating the amendment
  871  made by this act to section 812.014, Florida Statutes, in a
  872  reference thereto, subsection (2) of section 634.319, Florida
  873  Statutes, is reenacted to read:
  874         634.319 Reporting and accounting for funds.—
  875         (2) Any sales representative who, not being entitled
  876  thereto, diverts or appropriates such funds or any portion
  877  thereof to her or his own use is, upon conviction, guilty of
  878  theft, punishable as provided in s. 812.014.
  879         Section 24. For the purpose of incorporating the amendment
  880  made by this act to section 812.014, Florida Statutes, in a
  881  reference thereto, subsection (2) of section 634.421, Florida
  882  Statutes, is reenacted to read:
  883         634.421 Reporting and accounting for funds.—
  884         (2) Any sales representative who, not being entitled
  885  thereto, diverts or appropriates funds or any portion thereof to
  886  her or his own use commits theft as provided in s. 812.014.
  887         Section 25. For the purpose of incorporating the amendment
  888  made by this act to section 812.014, Florida Statutes, in a
  889  reference thereto, subsection (3) of section 636.238, Florida
  890  Statutes, is reenacted to read:
  891         636.238 Penalties for violation of this part.—
  892         (3) A person who collects fees for purported membership in
  893  a discount medical plan but purposefully fails to provide the
  894  promised benefits commits a theft, punishable as provided in s.
  895  812.014.
  896         Section 26. For the purpose of incorporating the amendment
  897  made by this act to section 812.014, Florida Statutes, in a
  898  reference thereto, subsection (2) of section 642.038, Florida
  899  Statutes, is reenacted to read:
  900         642.038 Reporting and accounting for funds.—
  901         (2) Any sales representative who, not being entitled
  902  thereto, diverts or appropriates such funds or any portion
  903  thereof to his or her own use commits theft as provided in s.
  904  812.014.
  905         Section 27. For the purpose of incorporating the amendment
  906  made by this act to section 812.014, Florida Statutes, in a
  907  reference thereto, subsection (4) of section 705.102, Florida
  908  Statutes, is reenacted to read:
  909         705.102 Reporting lost or abandoned property.—
  910         (4) Any person who unlawfully appropriates such lost or
  911  abandoned property to his or her own use or refuses to deliver
  912  such property when required commits theft as defined in s.
  913  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  914  775.084.
  915         Section 28. For the purpose of incorporating the amendment
  916  made by this act to section 812.014, Florida Statutes, in a
  917  reference thereto, subsection (2) of section 812.015, Florida
  918  Statutes, is reenacted to read:
  919         812.015 Retail and farm theft; transit fare evasion;
  920  mandatory fine; alternative punishment; detention and arrest;
  921  exemption from liability for false arrest; resisting arrest;
  922  penalties.—
  923         (2) Upon a second or subsequent conviction for petit theft
  924  from a merchant, farmer, or transit agency, the offender shall
  925  be punished as provided in s. 812.014(3), except that the court
  926  shall impose a fine of not less than $50 or more than $1,000.
  927  However, in lieu of such fine, the court may require the
  928  offender to perform public services designated by the court. In
  929  no event shall any such offender be required to perform fewer
  930  than the number of hours of public service necessary to satisfy
  931  the fine assessed by the court, as provided by this subsection,
  932  at the minimum wage prevailing in the state at the time of
  933  sentencing.
  934         Section 29. For the purpose of incorporating the amendment
  935  made by this act to section 812.014, Florida Statutes, in
  936  references thereto, subsections (1) and (2) of section 812.0155,
  937  Florida Statutes, are reenacted to read:
  938         812.0155 Suspension of driver license following an
  939  adjudication of guilt for theft.—
  940         (1) Except as provided in subsections (2) and (3), the
  941  court may order the suspension of the driver license of each
  942  person adjudicated guilty of any misdemeanor violation of s.
  943  812.014 or s. 812.015, regardless of the value of the property
  944  stolen. Upon ordering the suspension of the driver license of
  945  the person adjudicated guilty, the court shall forward the
  946  driver license of the person adjudicated guilty to the
  947  Department of Highway Safety and Motor Vehicles in accordance
  948  with s. 322.25.
  949         (a) The first suspension of a driver license under this
  950  subsection shall be for a period of up to 6 months.
  951         (b) A second or subsequent suspension of a driver license
  952  under this subsection shall be for 1 year.
  953         (2) The court may revoke, suspend, or withhold issuance of
  954  a driver license of a person less than 18 years of age who
  955  violates s. 812.014 or s. 812.015 as an alternative to
  956  sentencing the person to:
  957         (a) Probation as defined in s. 985.03 or commitment to the
  958  Department of Juvenile Justice, if the person is adjudicated
  959  delinquent for such violation and has not previously been
  960  convicted of or adjudicated delinquent for any criminal offense,
  961  regardless of whether adjudication was withheld.
  962         (b) Probation as defined in s. 985.03, commitment to the
  963  Department of Juvenile Justice, probation as defined in chapter
  964  948, community control, or incarceration, if the person is
  965  convicted as an adult of such violation and has not previously
  966  been convicted of or adjudicated delinquent for any criminal
  967  offense, regardless of whether adjudication was withheld.
  968         Section 30. For the purpose of incorporating the amendment
  969  made by this act to section 812.014, Florida Statutes, in
  970  references thereto, subsections (4), (7), and (8) of section
  971  812.14, Florida Statutes, are reenacted to read:
  972         812.14 Trespass and larceny with relation to utility
  973  fixtures; theft of utility services.—
  974         (4) A person who willfully violates paragraph (2)(a),
  975  paragraph (2)(b), or paragraph (2)(c) commits theft, punishable
  976  as provided in s. 812.014.
  977         (7) A person who willfully violates subsection (5) commits
  978  a misdemeanor of the first degree, punishable as provided in s.
  979  775.082 or s. 775.083. Prosecution for a violation of subsection
  980  (5) does not preclude prosecution for theft pursuant to
  981  subsection (8) or s. 812.014.
  982         (8) Theft of utility services for the purpose of
  983  facilitating the manufacture of a controlled substance is theft,
  984  punishable as provided in s. 812.014.
  985         Section 31. For the purpose of incorporating the amendment
  986  made by this act to section 812.014, Florida Statutes, in a
  987  reference thereto, subsection (3) of section 893.138, Florida
  988  Statutes, is reenacted to read:
  989         893.138 Local administrative action to abate drug-related,
  990  prostitution-related, or stolen-property-related public
  991  nuisances and criminal gang activity.—
  992         (3) Any pain-management clinic, as described in s. 458.3265
  993  or s. 459.0137, which has been used on more than two occasions
  994  within a 6-month period as the site of a violation of:
  995         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  996  relating to assault and battery;
  997         (b) Section 810.02, relating to burglary;
  998         (c) Section 812.014, relating to theft;
  999         (d) Section 812.131, relating to robbery by sudden
 1000  snatching; or
 1001         (e) Section 893.13, relating to the unlawful distribution
 1002  of controlled substances,
 1003  
 1004  may be declared to be a public nuisance, and such nuisance may
 1005  be abated pursuant to the procedures provided in this section.
 1006         Section 32. This act shall take effect July 1, 2017.