Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. PCS (485662) for CS for SB 1218
Ì711458:Î711458
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/02/2018 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 2200 and 2201
4 insert:
5 Section 34. Paragraphs (c), (d), and (e) of subsection (2)
6 and paragraphs (a), (b), and (c) of subsection (3) of section
7 812.014, Florida Statutes, are amended to read:
8 812.014 Theft.—
9 (2)
10 (c) It is grand theft of the third degree and a felony of
11 the third degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084, if the property stolen is:
13 1. Valued at $1,000 $300 or more, but less than $5,000.
14 2. Valued at $5,000 or more, but less than $10,000.
15 3. Valued at $10,000 or more, but less than $20,000.
16 4. A will, codicil, or other testamentary instrument.
17 4.5. A firearm.
18 5.6. A motor vehicle, except as provided in paragraph (a).
19 6.7. Any commercially farmed animal, including any animal
20 of the equine, bovine, or swine class or other grazing animal; a
21 bee colony of a registered beekeeper; and aquaculture species
22 raised at a certified aquaculture facility. If the property
23 stolen is aquaculture species raised at a certified aquaculture
24 facility, then a $10,000 fine shall be imposed.
25 8. Any fire extinguisher.
26 7.9. Any amount of citrus fruit consisting of 2,000 or more
27 individual pieces of fruit.
28 10. Taken from a designated construction site identified by
29 the posting of a sign as provided for in s. 810.09(2)(d).
30 11. Any stop sign.
31 12. Anhydrous ammonia.
32 8.13. Any amount of a controlled substance as defined in s.
33 893.02. Notwithstanding any other law, separate judgments and
34 sentences for theft of a controlled substance under this
35 subparagraph and for any applicable possession of controlled
36 substance offense under s. 893.13 or trafficking in controlled
37 substance offense under s. 893.135 may be imposed when all such
38 offenses involve the same amount or amounts of a controlled
39 substance.
40
41 However, if the property is stolen within a county that is
42 subject to a state of emergency declared by the Governor under
43 chapter 252, the property is stolen after the declaration of
44 emergency is made, and the perpetration of the theft is
45 facilitated by conditions arising from the emergency, the
46 offender commits a felony of the second degree, punishable as
47 provided in s. 775.082, s. 775.083, or s. 775.084, if the
48 property is valued at $5,000 or more, but less than $10,000, as
49 provided under subparagraph 2., or if the property is valued at
50 $10,000 or more, but less than $20,000, as provided under
51 subparagraph 3. As used in this paragraph, the term “conditions
52 arising from the emergency” means civil unrest, power outages,
53 curfews, voluntary or mandatory evacuations, or a reduction in
54 the presence of or the response time for first responders or
55 homeland security personnel. For purposes of sentencing under
56 chapter 921, a felony offense that is reclassified under this
57 paragraph is ranked one level above the ranking under s.
58 921.0022 or s. 921.0023 of the offense committed.
59 (d) It is grand theft of the third degree and a felony of
60 the third degree, punishable as provided in s. 775.082, s.
61 775.083, or s. 775.084, if the property stolen is valued at
62 $1,000 $100 or more, but less than $5,000 $300, and is taken
63 from a dwelling as defined in s. 810.011(2) or from the
64 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
65 (e) Except as provided in paragraph (d), if the property
66 stolen is valued at $500 $100 or more, but less than $1,000
67 $300, the offender commits petit theft of the first degree,
68 punishable as a misdemeanor of the first degree, as provided in
69 s. 775.082 or s. 775.083.
70 (3)(a) Theft of any property not specified in subsection
71 (2) is petit theft of the second degree and a misdemeanor of the
72 second degree, punishable as provided in s. 775.082 or s.
73 775.083, and as provided in subsection (5), as applicable.
74 (b) A person who commits petit theft and who has previously
75 been convicted of any theft commits a misdemeanor of the first
76 degree, punishable as provided in s. 775.082 or s. 775.083.
77 (c) A person who commits petit theft of the first degree
78 and who has previously been convicted two or more times of any
79 theft as an adult commits a felony of the third degree,
80 punishable as provided in s. 775.082 or s. 775.083, if the third
81 or subsequent petit theft offense occurs within 3 years of his
82 or her most recent theft conviction.
83 Section 35. Subsections (8) and (9) of section 812.015,
84 Florida Statutes, are amended to read:
85 812.015 Retail and farm theft; transit fare evasion;
86 mandatory fine; alternative punishment; detention and arrest;
87 exemption from liability for false arrest; resisting arrest;
88 penalties.—
89 (8) Except as provided in subsection (9), a person who
90 commits retail theft commits a felony of the third degree,
91 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
92 if the property stolen is valued at $1,000 $300 or more, and the
93 person:
94 (a) Individually, or in concert with one or more other
95 persons, coordinates the activities of one or more individuals
96 in committing the offense, in which case the amount of each
97 individual theft is aggregated to determine the value of the
98 property stolen;
99 (b) Commits theft from more than one location within a 48
100 hour period, in which case the amount of each individual theft
101 is aggregated to determine the value of the property stolen;
102 (c) Acts in concert with one or more other individuals
103 within one or more establishments to distract the merchant,
104 merchant’s employee, or law enforcement officer in order to
105 carry out the offense, or acts in other ways to coordinate
106 efforts to carry out the offense; or
107 (d) Commits the offense through the purchase of merchandise
108 in a package or box that contains merchandise other than, or in
109 addition to, the merchandise purported to be contained in the
110 package or box.
111 (9) A person commits a felony of the second degree,
112 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
113 if the person:
114 (a) Violates subsection (8) as an adult and within 3 years
115 prior to the violation he or she has previously been convicted
116 as an adult of a violation of subsection (8); or
117 (b) Individually, or in concert with one or more other
118 persons, coordinates the activities of one or more persons in
119 committing the offense of retail theft where the stolen property
120 has a value in excess of $3,000.
121 Section 36. Paragraphs (a), (b), (d), (e), and (f) of
122 subsection (3) of section 921.0022, Florida Statutes, are
123 amended to read:
124 921.0022 Criminal Punishment Code; offense severity ranking
125 chart.—
126 (3) OFFENSE SEVERITY RANKING CHART
127 (a) LEVEL 1
128
129 FloridaStatute FelonyDegree Description
130 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
131 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
132 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
133 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
134 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
135 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
136 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
137 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
138 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
139 322.212(5)(a) 3rd False application for driver license or identification card.
140 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
141 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
142 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
143 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
144 562.27(1) 3rd Possess still or still apparatus.
145 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
146 812.014(3)(c) 3rd Petit theft as adult (3rd or subsequent conviction) within certain time; theft of any property not specified in subsection (2).
147 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
148 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
149 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
150 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
151 826.01 3rd Bigamy.
152 828.122(3) 3rd Fighting or baiting animals.
153 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
154 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
155 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
156 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
157 838.15(2) 3rd Commercial bribe receiving.
158 838.16 3rd Commercial bribery.
159 843.18 3rd Fleeing by boat to elude a law enforcement officer.
160 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
161 849.01 3rd Keeping gambling house.
162 849.09(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.
163 849.23 3rd Gambling-related machines; “common offender” as to property rights.
164 849.25(2) 3rd Engaging in bookmaking.
165 860.08 3rd Interfere with a railroad signal.
166 860.13(1)(a) 3rd Operate aircraft while under the influence.
167 893.13(2)(a)2. 3rd Purchase of cannabis.
168 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
169 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
170
171
172 (b) LEVEL 2
173
174 FloridaStatute FelonyDegree Description
175 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
176 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
177 403.413(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.
178 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
179 590.28(1) 3rd Intentional burning of lands.
180 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
181 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
182 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
183 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
184 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
185 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
186 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
187 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
188 817.234(1)(a)2. 3rd False statement in support of insurance claim.
189 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
190 817.52(3) 3rd Failure to redeliver hired vehicle.
191 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
192 817.60(5) 3rd Dealing in credit cards of another.
193 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
194 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
195 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
196 831.01 3rd Forgery.
197 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
198 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
199 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
200 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
201 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
202 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
203 843.08 3rd False personation.
204 893.13(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.
205 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
206
207 (d) LEVEL 4
208
209 FloridaStatute FelonyDegree Description
210 316.1935(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.
211 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
212 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
213 517.07(1) 3rd Failure to register securities.
214 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
215 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
216 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
217 784.075 3rd Battery on detention or commitment facility staff.
218 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
219 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
220 784.081(3) 3rd Battery on specified official or employee.
221 784.082(3) 3rd Battery by detained person on visitor or other detainee.
222 784.083(3) 3rd Battery on code inspector.
223 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
224 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
225 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
226 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
227 787.07 3rd Human smuggling.
228 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
229 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
230 790.115(2)(c) 3rd Possessing firearm on school property.
231 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
232 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
233 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
234 810.06 3rd Burglary; possession of tools.
235 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
236 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
237 812.014 (2)(c)4.-7.812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, bee colony, aquaculture species, citrus fruit etc.
238 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
239 817.505(4)(a) 3rd Patient brokering.
240 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
241 817.568(2)(a) 3rd Fraudulent use of personal identification information.
242 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
243 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
244 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
245 837.02(1) 3rd Perjury in official proceedings.
246 837.021(1) 3rd Make contradictory statements in official proceedings.
247 838.022 3rd Official misconduct.
248 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
249 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
250 843.021 3rd Possession of a concealed handcuff key by a person in custody.
251 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
252 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
253 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
254 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
255 893.13(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).
256 914.14(2) 3rd Witnesses accepting bribes.
257 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
258 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
259 918.12 3rd Tampering with jurors.
260 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
261
262 (e) LEVEL 5
263
264 FloridaStatute FelonyDegree Description
265 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
266 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
267 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
268 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
269 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
270 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
271 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
272 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
273 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
274 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
275 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
276 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
277 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
278 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
279 790.01(2) 3rd Carrying a concealed firearm.
280 790.162 2nd Threat to throw or discharge destructive device.
281 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
282 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
283 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
284 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
285 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
286 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
287 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
288 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
289 812.015(8) 3rd Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
290 812.019(1) 2nd Stolen property; dealing in or trafficking in.
291 812.131(2)(b) 3rd Robbery by sudden snatching.
292 812.16(2) 3rd Owning, operating, or conducting a chop shop.
293 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
294 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
295 817.2341(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.
296 817.568(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.
297 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
298 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
299 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
300 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
301 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
302 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
303 843.01 3rd Resist officer with violence to person; resist arrest with violence.
304 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
305 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
306 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
307 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
308 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
309 893.13(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).
310 893.13(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.
311 893.13(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.
312 893.13(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.
313 893.13(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.
314 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
315 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
316
317 (f) LEVEL 6
318
319 FloridaStatute FelonyDegree Description
320 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
321 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
322 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
323 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
324 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
325 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
326 775.0875(1) 3rd Taking firearm from law enforcement officer.
327 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
328 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
329 784.041 3rd Felony battery; domestic battery by strangulation.
330 784.048(3) 3rd Aggravated stalking; credible threat.
331 784.048(5) 3rd Aggravated stalking of person under 16.
332 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
333 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
334 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
335 784.081(2) 2nd Aggravated assault on specified official or employee.
336 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
337 784.083(2) 2nd Aggravated assault on code inspector.
338 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
339 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
340 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
341 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
342 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
343 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
344 794.05(1) 2nd Unlawful sexual activity with specified minor.
345 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
346 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
347 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
348 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
349 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
350 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
351 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
352 812.015(9)(a) 2nd Retail theft as adult; property stolen $1,000 $300 or more; second or subsequent conviction within certain time.
353 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
354 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
355 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
356 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
357 825.102(1) 3rd Abuse of an elderly person or disabled adult.
358 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
359 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
360 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
361 827.03(2)(c) 3rd Abuse of a child.
362 827.03(2)(d) 3rd Neglect of a child.
363 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
364 836.05 2nd Threats; extortion.
365 836.10 2nd Written threats to kill or do bodily injury.
366 843.12 3rd Aids or assists person to escape.
367 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
368 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
369 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
370 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
371 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
372 944.40 2nd Escapes.
373 944.46 3rd Harboring, concealing, aiding escaped prisoners.
374 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
375 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
376
377 Section 37. Paragraph (a) of subsection (1) and paragraph
378 (c) of subsection (2) of section 985.557, Florida Statutes, are
379 amended to read:
380 985.557 Direct filing of an information; discretionary and
381 mandatory criteria.—
382 (1) DISCRETIONARY DIRECT FILE.—
383 (a) With respect to any child who was 14 or 15 years of age
384 at the time the alleged offense was committed, the state
385 attorney may file an information when in the state attorney’s
386 judgment and discretion the public interest requires that adult
387 sanctions be considered or imposed and when the offense charged
388 is for the commission of, attempt to commit, or conspiracy to
389 commit:
390 1. Arson;
391 2. Sexual battery;
392 3. Robbery;
393 4. Kidnapping;
394 5. Aggravated child abuse;
395 6. Aggravated assault;
396 7. Aggravated stalking;
397 8. Murder;
398 9. Manslaughter;
399 10. Unlawful throwing, placing, or discharging of a
400 destructive device or bomb;
401 11. Armed burglary in violation of s. 810.02(2)(b) or
402 specified burglary of a dwelling or structure in violation of s.
403 810.02(2)(c), or burglary with an assault or battery in
404 violation of s. 810.02(2)(a);
405 12. Aggravated battery;
406 13. Any lewd or lascivious offense committed upon or in the
407 presence of a person less than 16 years of age;
408 14. Carrying, displaying, using, threatening, or attempting
409 to use a weapon or firearm during the commission of a felony;
410 15. Grand theft in violation of s. 812.014(2)(a);
411 16. Possessing or discharging any weapon or firearm on
412 school property in violation of s. 790.115;
413 17. Home invasion robbery;
414 18. Carjacking; or
415 19. Grand theft of a motor vehicle in violation of s.
416 812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
417 vehicle valued at $20,000 or more in violation of s.
418 812.014(2)(b) if the child has a previous adjudication for grand
419 theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
420 812.014(2)(c)6. or s. 812.014(2)(b).
421 (2) MANDATORY DIRECT FILE.—
422 (c) The state attorney must file an information if a child,
423 regardless of the child’s age at the time the alleged offense
424 was committed, is alleged to have committed an act that would be
425 a violation of law if the child were an adult, that involves
426 stealing a motor vehicle, including, but not limited to, a
427 violation of s. 812.133, relating to carjacking, or s.
428 812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
429 motor vehicle, and while the child was in possession of the
430 stolen motor vehicle the child caused serious bodily injury to
431 or the death of a person who was not involved in the underlying
432 offense. For purposes of this section, the driver and all
433 willing passengers in the stolen motor vehicle at the time such
434 serious bodily injury or death is inflicted shall also be
435 subject to mandatory transfer to adult court. “Stolen motor
436 vehicle,” for the purposes of this section, means a motor
437 vehicle that has been the subject of any criminal wrongful
438 taking. For purposes of this section, “willing passengers” means
439 all willing passengers who have participated in the underlying
440 offense.
441 Section 38. For the purpose of incorporating the amendment
442 made by this act to section 812.014, Florida Statutes, in a
443 reference thereto, subsection (10) of section 95.18, Florida
444 Statutes, is reenacted to read:
445 95.18 Real property actions; adverse possession without
446 color of title.—
447 (10) A person who occupies or attempts to occupy a
448 residential structure solely by claim of adverse possession
449 under this section and offers the property for lease to another
450 commits theft under s. 812.014.
451 Section 39. For the purpose of incorporating the amendment
452 made by this act to section 812.014, Florida Statutes, in a
453 reference thereto, paragraph (c) of subsection (3) of section
454 373.6055, Florida Statutes, is reenacted to read:
455 373.6055 Criminal history checks for certain water
456 management district employees and others.—
457 (3)
458 (c) In addition to other requirements for employment or
459 access established by any water management district pursuant to
460 its water management district’s security plan for buildings,
461 facilities, and structures, each water management district’s
462 security plan shall provide that:
463 1. Any person who has within the past 7 years been
464 convicted, regardless of whether adjudication was withheld, for
465 a forcible felony as defined in s. 776.08; an act of terrorism
466 as defined in s. 775.30; planting of a hoax bomb as provided in
467 s. 790.165; any violation involving the manufacture, possession,
468 sale, delivery, display, use, or attempted or threatened use of
469 a weapon of mass destruction or hoax weapon of mass destruction
470 as provided in s. 790.166; dealing in stolen property; any
471 violation of s. 893.135; any violation involving the sale,
472 manufacturing, delivery, or possession with intent to sell,
473 manufacture, or deliver a controlled substance; burglary;
474 robbery; any felony violation of s. 812.014; any violation of s.
475 790.07; any crime an element of which includes use or possession
476 of a firearm; any conviction for any similar offenses under the
477 laws of another jurisdiction; or conviction for conspiracy to
478 commit any of the listed offenses may not be qualified for
479 initial employment within or authorized regular access to
480 buildings, facilities, or structures defined in the water
481 management district’s security plan as restricted access areas.
482 2. Any person who has at any time been convicted of any of
483 the offenses listed in subparagraph 1. may not be qualified for
484 initial employment within or authorized regular access to
485 buildings, facilities, or structures defined in the water
486 management district’s security plan as restricted access areas
487 unless, after release from incarceration and any supervision
488 imposed as a sentence, the person remained free from a
489 subsequent conviction, regardless of whether adjudication was
490 withheld, for any of the listed offenses for a period of at
491 least 7 years prior to the employment or access date under
492 consideration.
493 Section 40. For the purpose of incorporating the amendment
494 made by this act to section 812.014, Florida Statutes, in a
495 reference thereto, subsection (3) of section 400.9935, Florida
496 Statutes, is reenacted to read:
497 400.9935 Clinic responsibilities.—
498 (3) A charge or reimbursement claim made by or on behalf of
499 a clinic that is required to be licensed under this part but
500 that is not so licensed, or that is otherwise operating in
501 violation of this part, regardless of whether a service is
502 rendered or whether the charge or reimbursement claim is paid,
503 is an unlawful charge and is noncompensable and unenforceable. A
504 person who knowingly makes or causes to be made an unlawful
505 charge commits theft within the meaning of and punishable as
506 provided in s. 812.014.
507 Section 41. For the purpose of incorporating the amendment
508 made by this act to section 812.014, Florida Statutes, in a
509 reference thereto, paragraph (g) of subsection (17) of section
510 409.910, Florida Statutes, is reenacted to read:
511 409.910 Responsibility for payments on behalf of Medicaid
512 eligible persons when other parties are liable.—
513 (17)
514 (g) The agency may investigate and request appropriate
515 officers or agencies of the state to investigate suspected
516 criminal violations or fraudulent activity related to third
517 party benefits, including, without limitation, ss. 414.39 and
518 812.014. Such requests may be directed, without limitation, to
519 the Medicaid Fraud Control Unit of the Office of the Attorney
520 General or to any state attorney. Pursuant to s. 409.913, the
521 Attorney General has primary responsibility to investigate and
522 control Medicaid fraud.
523 Section 42. For the purpose of incorporating the amendment
524 made by this act to section 812.014, Florida Statutes, in a
525 reference thereto, subsection (4) of section 489.126, Florida
526 Statutes, is reenacted to read:
527 489.126 Moneys received by contractors.—
528 (4) Any person who violates any provision of this section
529 is guilty of theft and shall be prosecuted and punished under s.
530 812.014.
531 Section 43. For the purpose of incorporating the amendment
532 made by this act to section 812.015, Florida Statutes, in a
533 reference thereto, subsection (5) of section 538.09, Florida
534 Statutes, is reenacted to read:
535 538.09 Registration.—
536 (5) In addition to the fine provided in subsection (4),
537 registration under this section may be denied or any
538 registration granted may be revoked, restricted, or suspended by
539 the department if the department determines that the applicant
540 or registrant:
541 (a) Has violated any provision of this chapter or any rule
542 or order made pursuant to this chapter;
543 (b) Has made a material false statement in the application
544 for registration;
545 (c) Has been guilty of a fraudulent act in connection with
546 any purchase or sale or has been or is engaged in or is about to
547 engage in any practice, purchase, or sale which is fraudulent or
548 in violation of the law;
549 (d) Has made a misrepresentation or false statement to, or
550 concealed any essential or material fact from, any person in
551 making any purchase or sale;
552 (e) Is making purchases or sales through any business
553 associate not registered in compliance with the provisions of
554 this chapter;
555 (f) Has, within the preceding 10-year period for new
556 registrants who apply for registration on or after October 1,
557 2006, been convicted of, or has entered a plea of guilty or nolo
558 contendere to, or had adjudication withheld for, a crime against
559 the laws of this state or any other state or of the United
560 States which relates to registration as a secondhand dealer or
561 which involves theft, larceny, dealing in stolen property,
562 receiving stolen property, burglary, embezzlement, obtaining
563 property by false pretenses, possession of altered property, any
564 felony drug offense, any violation of s. 812.015, or any
565 fraudulent dealing;
566 (g) Has had a final judgment entered against her or him in
567 a civil action upon grounds of fraud, embezzlement,
568 misrepresentation, or deceit; or
569 (h) Has failed to pay any sales tax owed to the Department
570 of Revenue.
571
572 In the event the department determines to deny an
573 application or revoke a registration, it shall enter a final
574 order with its findings on the register of secondhand dealers
575 and their business associates, if any; and denial, suspension,
576 or revocation of the registration of a secondhand dealer shall
577 also deny, suspend, or revoke the registration of such
578 secondhand dealer’s business associates.
579 Section 44. For the purpose of incorporating the amendment
580 made by this act to section 812.014, Florida Statutes, in a
581 reference thereto, subsection (2) of section 538.23, Florida
582 Statutes, is reenacted to read:
583 538.23 Violations and penalties.—
584 (2) A secondary metals recycler is presumed to know upon
585 receipt of stolen regulated metals property in a purchase
586 transaction that the regulated metals property has been stolen
587 from another if the secondary metals recycler knowingly and
588 intentionally fails to maintain the information required in s.
589 538.19 and shall, upon conviction of a violation of s. 812.015,
590 be punished as provided in s. 812.014(2) or (3).
591 Section 45. For the purpose of incorporating the amendment
592 made by this act to section 812.014, Florida Statutes, in a
593 reference thereto, subsection (10) of section 550.6305, Florida
594 Statutes, is reenacted to read:
595 550.6305 Intertrack wagering; guest track payments;
596 accounting rules.—
597 (10) All races or games conducted at a permitholder’s
598 facility, all broadcasts of such races or games, and all
599 broadcast rights relating thereto are owned by the permitholder
600 at whose facility such races or games are conducted and
601 constitute the permitholder’s property as defined in s.
602 812.012(4). Transmission, reception of a transmission,
603 exhibition, use, or other appropriation of such races or games,
604 broadcasts of such races or games, or broadcast rights relating
605 thereto without the written consent of the permitholder
606 constitutes a theft of such property under s. 812.014; and in
607 addition to the penal sanctions contained in s. 812.014, the
608 permitholder has the right to avail itself of the civil remedies
609 specified in ss. 772.104, 772.11, and 812.035 in addition to any
610 other remedies available under applicable state or federal law.
611 Section 46. For the purpose of incorporating the amendment
612 made by this act to section 812.014, Florida Statutes, in a
613 reference thereto, subsection (2) of section 634.319, Florida
614 Statutes, is reenacted to read:
615 634.319 Reporting and accounting for funds.—
616 (2) Any sales representative who, not being entitled
617 thereto, diverts or appropriates such funds or any portion
618 thereof to her or his own use is, upon conviction, guilty of
619 theft, punishable as provided in s. 812.014.
620 Section 47. For the purpose of incorporating the amendment
621 made by this act to section 812.014, Florida Statutes, in a
622 reference thereto, subsection (2) of section 634.421, Florida
623 Statutes, is reenacted to read:
624 634.421 Reporting and accounting for funds.—
625 (2) Any sales representative who, not being entitled
626 thereto, diverts or appropriates funds or any portion thereof to
627 her or his own use commits theft as provided in s. 812.014.
628 Section 48. For the purpose of incorporating the amendment
629 made by this act to section 812.014, Florida Statutes, in a
630 reference thereto, subsection (3) of section 636.238, Florida
631 Statutes, is reenacted to read:
632 636.238 Penalties for violation of this part.—
633 (3) A person who collects fees for purported membership in
634 a discount plan but purposefully fails to provide the promised
635 benefits commits a theft, punishable as provided in s. 812.014.
636 Section 49. For the purpose of incorporating the amendment
637 made by this act to section 812.014, Florida Statutes, in a
638 reference thereto, subsection (2) of section 642.038, Florida
639 Statutes, is reenacted to read:
640 642.038 Reporting and accounting for funds.—
641 (2) Any sales representative who, not being entitled
642 thereto, diverts or appropriates such funds or any portion
643 thereof to his or her own use commits theft as provided in s.
644 812.014.
645 Section 50. For the purpose of incorporating the amendment
646 made by this act to section 812.014, Florida Statutes, in a
647 reference thereto, subsection (4) of section 705.102, Florida
648 Statutes, is reenacted to read:
649 705.102 Reporting lost or abandoned property.—
650 (4) Any person who unlawfully appropriates such lost or
651 abandoned property to his or her own use or refuses to deliver
652 such property when required commits theft as defined in s.
653 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
654 775.084.
655 Section 51. For the purpose of incorporating the amendment
656 made by this act to section 812.014, Florida Statutes, in a
657 reference thereto, paragraph (d) of subsection (1) of section
658 718.111, Florida Statutes, is reenacted to read:
659 718.111 The association.—
660 (1) CORPORATE ENTITY.—
661 (d) As required by s. 617.0830, an officer, director, or
662 agent shall discharge his or her duties in good faith, with the
663 care an ordinarily prudent person in a like position would
664 exercise under similar circumstances, and in a manner he or she
665 reasonably believes to be in the interests of the association.
666 An officer, director, or agent shall be liable for monetary
667 damages as provided in s. 617.0834 if such officer, director, or
668 agent breached or failed to perform his or her duties and the
669 breach of, or failure to perform, his or her duties constitutes
670 a violation of criminal law as provided in s. 617.0834;
671 constitutes a transaction from which the officer or director
672 derived an improper personal benefit, either directly or
673 indirectly; or constitutes recklessness or an act or omission
674 that was in bad faith, with malicious purpose, or in a manner
675 exhibiting wanton and willful disregard of human rights, safety,
676 or property. Forgery of a ballot envelope or voting certificate
677 used in a condominium association election is punishable as
678 provided in s. 831.01, the theft or embezzlement of funds of a
679 condominium association is punishable as provided in s. 812.014,
680 and the destruction of or the refusal to allow inspection or
681 copying of an official record of a condominium association that
682 is accessible to unit owners within the time periods required by
683 general law in furtherance of any crime is punishable as
684 tampering with physical evidence as provided in s. 918.13 or as
685 obstruction of justice as provided in chapter 843. An officer or
686 director charged by information or indictment with a crime
687 referenced in this paragraph must be removed from office, and
688 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
689 until the end of the officer’s or director’s period of
690 suspension or the end of his or her term of office, whichever
691 occurs first. If a criminal charge is pending against the
692 officer or director, he or she may not be appointed or elected
693 to a position as an officer or a director of any association and
694 may not have access to the official records of any association,
695 except pursuant to a court order. However, if the charges are
696 resolved without a finding of guilt, the officer or director
697 must be reinstated for the remainder of his or her term of
698 office, if any.
699 Section 52. For the purpose of incorporating the amendment
700 made by this act to section 812.014, Florida Statutes, in a
701 reference thereto, subsection (2) of section 812.015, Florida
702 Statutes, is reenacted to read:
703 812.015 Retail and farm theft; transit fare evasion;
704 mandatory fine; alternative punishment; detention and arrest;
705 exemption from liability for false arrest; resisting arrest;
706 penalties.—
707 (2) Upon a second or subsequent conviction for petit theft
708 from a merchant, farmer, or transit agency, the offender shall
709 be punished as provided in s. 812.014(3), except that the court
710 shall impose a fine of not less than $50 or more than $1,000.
711 However, in lieu of such fine, the court may require the
712 offender to perform public services designated by the court. In
713 no event shall any such offender be required to perform fewer
714 than the number of hours of public service necessary to satisfy
715 the fine assessed by the court, as provided by this subsection,
716 at the minimum wage prevailing in the state at the time of
717 sentencing.
718 Section 53. For the purpose of incorporating the amendment
719 made by this act to section 812.014, Florida Statutes, in a
720 reference thereto, subsections (1) and (2) of section 812.0155,
721 Florida Statutes, are reenacted to read:
722 812.0155 Suspension of driver license following an
723 adjudication of guilt for theft.—
724 (1) Except as provided in subsections (2) and (3), the
725 court may order the suspension of the driver license of each
726 person adjudicated guilty of any misdemeanor violation of s.
727 812.014 or s. 812.015, regardless of the value of the property
728 stolen. Upon ordering the suspension of the driver license of
729 the person adjudicated guilty, the court shall forward the
730 driver license of the person adjudicated guilty to the
731 Department of Highway Safety and Motor Vehicles in accordance
732 with s. 322.25.
733 (a) The first suspension of a driver license under this
734 subsection shall be for a period of up to 6 months.
735 (b) A second or subsequent suspension of a driver license
736 under this subsection shall be for 1 year.
737 (2) The court may revoke, suspend, or withhold issuance of
738 a driver license of a person less than 18 years of age who
739 violates s. 812.014 or s. 812.015 as an alternative to
740 sentencing the person to:
741 (a) Probation as defined in s. 985.03 or commitment to the
742 Department of Juvenile Justice, if the person is adjudicated
743 delinquent for such violation and has not previously been
744 convicted of or adjudicated delinquent for any criminal offense,
745 regardless of whether adjudication was withheld.
746 (b) Probation as defined in s. 985.03, commitment to the
747 Department of Juvenile Justice, probation as defined in chapter
748 948, community control, or incarceration, if the person is
749 convicted as an adult of such violation and has not previously
750 been convicted of or adjudicated delinquent for any criminal
751 offense, regardless of whether adjudication was withheld.
752 Section 54. For the purpose of incorporating the amendment
753 made by this act to section 812.014, Florida Statutes, in a
754 reference thereto, subsections (4), (7), and (8) of section
755 812.14, Florida Statutes, are reenacted to read:
756 812.14 Trespass and larceny with relation to utility
757 fixtures; theft of utility services.—
758 (4) A person who willfully violates subsection (2) commits
759 theft, punishable as provided in s. 812.014.
760 (7) An owner, lessor, or sublessor who willfully violates
761 subsection (5) commits a misdemeanor of the first degree,
762 punishable as provided in s. 775.082 or s. 775.083. Prosecution
763 for a violation of subsection (5) does not preclude prosecution
764 for theft pursuant to subsection (8) or s. 812.014.
765 (8) Theft of utility services for the purpose of
766 facilitating the manufacture of a controlled substance is theft,
767 punishable as provided in s. 812.014.
768 Section 55. For the purpose of incorporating the amendment
769 made by this act to section 812.014, Florida Statutes, in a
770 reference thereto, subsection (3) of section 893.138, Florida
771 Statutes, is reenacted to read:
772 893.138 Local administrative action to abate drug-related,
773 prostitution-related, or stolen-property-related public
774 nuisances and criminal gang activity.—
775 (3) Any pain-management clinic, as described in s. 458.3265
776 or s. 459.0137, which has been used on more than two occasions
777 within a 6-month period as the site of a violation of:
778 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
779 relating to assault and battery;
780 (b) Section 810.02, relating to burglary;
781 (c) Section 812.014, relating to theft;
782 (d) Section 812.131, relating to robbery by sudden
783 snatching; or
784 (e) Section 893.13, relating to the unlawful distribution
785 of controlled substances,
786
787 may be declared to be a public nuisance, and such nuisance
788 may be abated pursuant to the procedures provided in this
789 section.
790 Section 56. For the purpose of incorporating the amendment
791 made by this act to section 812.014, Florida Statutes, in a
792 reference thereto, paragraph (b) of subsection (3) of section
793 943.051, Florida Statutes, is reenacted to read:
794 943.051 Criminal justice information; collection and
795 storage; fingerprinting.—
796 (3)
797 (b) A minor who is charged with or found to have committed
798 the following offenses shall be fingerprinted and the
799 fingerprints shall be submitted electronically to the
800 department, unless the minor is issued a civil citation pursuant
801 to s. 985.12:
802 1. Assault, as defined in s. 784.011.
803 2. Battery, as defined in s. 784.03.
804 3. Carrying a concealed weapon, as defined in s. 790.01(1).
805 4. Unlawful use of destructive devices or bombs, as defined
806 in s. 790.1615(1).
807 5. Neglect of a child, as defined in s. 827.03(1)(e).
808 6. Assault or battery on a law enforcement officer, a
809 firefighter, or other specified officers, as defined in s.
810 784.07(2)(a) and (b).
811 7. Open carrying of a weapon, as defined in s. 790.053.
812 8. Exposure of sexual organs, as defined in s. 800.03.
813 9. Unlawful possession of a firearm, as defined in s.
814 790.22(5).
815 10. Petit theft, as defined in s. 812.014(3).
816 11. Cruelty to animals, as defined in s. 828.12(1).
817 12. Arson, as defined in s. 806.031(1).
818 13. Unlawful possession or discharge of a weapon or firearm
819 at a school-sponsored event or on school property, as provided
820 in s. 790.115.
821 Section 57. For the purpose of incorporating the amendment
822 made by this act to section 812.014, Florida Statutes, in a
823 reference thereto, paragraph (b) of subsection (1) of section
824 985.11, Florida Statutes, is reenacted to read:
825 985.11 Fingerprinting and photographing.—
826 (1)
827 (b) Unless the child is issued a civil citation or is
828 participating in a similar diversion program pursuant to s.
829 985.12, a child who is charged with or found to have committed
830 one of the following offenses shall be fingerprinted, and the
831 fingerprints shall be submitted to the Department of Law
832 Enforcement as provided in s. 943.051(3)(b):
833 1. Assault, as defined in s. 784.011.
834 2. Battery, as defined in s. 784.03.
835 3. Carrying a concealed weapon, as defined in s. 790.01(1).
836 4. Unlawful use of destructive devices or bombs, as defined
837 in s. 790.1615(1).
838 5. Neglect of a child, as defined in s. 827.03(1)(e).
839 6. Assault on a law enforcement officer, a firefighter, or
840 other specified officers, as defined in s. 784.07(2)(a).
841 7. Open carrying of a weapon, as defined in s. 790.053.
842 8. Exposure of sexual organs, as defined in s. 800.03.
843 9. Unlawful possession of a firearm, as defined in s.
844 790.22(5).
845 10. Petit theft, as defined in s. 812.014.
846 11. Cruelty to animals, as defined in s. 828.12(1).
847 12. Arson, resulting in bodily harm to a firefighter, as
848 defined in s. 806.031(1).
849 13. Unlawful possession or discharge of a weapon or firearm
850 at a school-sponsored event or on school property as defined in
851 s. 790.115.
852
853 A law enforcement agency may fingerprint and photograph a
854 child taken into custody upon probable cause that such child has
855 committed any other violation of law, as the agency deems
856 appropriate. Such fingerprint records and photographs shall be
857 retained by the law enforcement agency in a separate file, and
858 these records and all copies thereof must be marked “Juvenile
859 Confidential.” These records are not available for public
860 disclosure and inspection under s. 119.07(1) except as provided
861 in ss. 943.053 and 985.04(2), but shall be available to other
862 law enforcement agencies, criminal justice agencies, state
863 attorneys, the courts, the child, the parents or legal
864 custodians of the child, their attorneys, and any other person
865 authorized by the court to have access to such records. In
866 addition, such records may be submitted to the Department of Law
867 Enforcement for inclusion in the state criminal history records
868 and used by criminal justice agencies for criminal justice
869 purposes. These records may, in the discretion of the court, be
870 open to inspection by anyone upon a showing of cause. The
871 fingerprint and photograph records shall be produced in the
872 court whenever directed by the court. Any photograph taken
873 pursuant to this section may be shown by a law enforcement
874 officer to any victim or witness of a crime for the purpose of
875 identifying the person who committed such crime.
876
877
878 ================= T I T L E A M E N D M E N T ================
879 And the title is amended as follows:
880 Delete line 283
881 and insert:
882 programs; detailing program criteria; amending s.
883 812.014, F.S.; revising threshold amounts and types of
884 property which qualify for theft offenses; amending s.
885 812.015, F.S.; revising threshold amounts for retail
886 theft; amending s. 921.0022, F.S.; conforming
887 provisions to changes made by the act; conforming a
888 cross-reference; amending s. 985.557, F.S.; conforming
889 cross-references; reenacting ss. 95.18(10),
890 373.6055(3)(c), 400.9935(3), 409.910(17)(g),
891 489.126(4), 538.09(5), 538.23(2), 550.6305(10),
892 634.319(2), 634.421(2), 636.238(3), 642.038(2),
893 705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
894 (2), 812.14(4),(7), and (8), 893.138(3),
895 943.051(3)(b), and 985.11(1)(b), F.S., relating to
896 adverse possession without color of title, criminal
897 history checks for certain water management district
898 employees and others, clinic responsibilities,
899 responsibility for payments on behalf of Medicaid
900 eligible persons when other parties are liable, moneys
901 received by contractors, secondhand dealer
902 registration, secondary metals recycler violations and
903 penalties, intertrack wagering, diversion or
904 appropriation of funds by warranty association sales
905 representatives, collection of fees for purported
906 membership in discount plan organizations, diversion
907 or appropriation of funds by legal expense insurance
908 sales representatives, reporting lost or abandoned
909 property, condominium associations, retail and farm
910 theft, suspension of driver license following an
911 adjudication of guilt for theft, trespass and larceny
912 with relation to utility fixtures and theft of utility
913 services, local administrative action to abate drug
914 related, prostitution-related, or stolen-property
915 related public nuisances and criminal gang activity,
916 fingerprinting of certain minors, and fingerprinting
917 and photographing of certain children, respectively,
918 to incorporate the amendments made by the act in
919 cross-references to amended provisions; reenacting s.