Florida Senate - 2018 SB 928
By Senator Bracy
11-00432A-18 2018928__
1 A bill to be entitled
2 An act relating to theft; amending s. 812.014, F.S.;
3 revising threshold amounts and types of property which
4 qualify for theft offenses; amending s. 812.015, F.S.;
5 revising threshold amounts for retail theft; amending
6 s. 921.0022, F.S.; conforming provisions to changes
7 made by the act; conforming a cross-reference;
8 amending s. 985.557, F.S.; conforming cross
9 references; reenacting ss. 95.18(10), 373.6055(3)(c),
10 400.9935(3), 409.910(17)(g), 489.126(4), 538.09(5),
11 538.23(2), 550.6305(10), 634.319(2), 634.421(2),
12 636.238(3), 642.038(2), 705.102(4), 718.111(1)(d),
13 812.015(2), 812.0155(1) and (2), 812.14(4),(7), and
14 (8), 893.138(3), 943.051(3)(b), and 985.11(1)(b),
15 F.S., relating to adverse possession without color of
16 title, criminal history checks for certain water
17 management district employees and others, clinic
18 responsibilities, responsibility for payments on
19 behalf of Medicaid-eligible persons when other parties
20 are liable, moneys received by contractors, secondhand
21 dealer registration, secondary metals recycler
22 violations and penalties, intertrack wagering,
23 diversion or appropriation of funds by warranty
24 association sales representatives, collection of fees
25 for purported membership in discount plan
26 organizations, diversion or appropriation of funds by
27 legal expense insurance sales representatives,
28 reporting lost or abandoned property, condominium
29 associations, retail and farm theft, suspension of
30 driver license following an adjudication of guilt for
31 theft, trespass and larceny with relation to utility
32 fixtures and theft of utility services, local
33 administrative action to abate drug-related,
34 prostitution-related, or stolen-property-related
35 public nuisances and criminal gang activity,
36 fingerprinting of certain minors, and fingerprinting
37 and photographing of certain children, respectively,
38 to incorporate the amendments made by the act in
39 cross-references to amended provisions; providing an
40 effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Paragraphs (c), (d), and (e) of subsection (2)
45 and paragraphs (a), (b), and (c) of subsection (3) of section
46 812.014, Florida Statutes, are amended to read:
47 812.014 Theft.—
48 (2)
49 (c) It is grand theft of the third degree and a felony of
50 the third degree, punishable as provided in s. 775.082, s.
51 775.083, or s. 775.084, if the property stolen is:
52 1. Valued at $1,500 $300 or more, but less than $5,000.
53 2. Valued at $5,000 or more, but less than $10,000.
54 3. Valued at $10,000 or more, but less than $20,000.
55 4. A will, codicil, or other testamentary instrument.
56 4.5. A firearm.
57 5.6. A motor vehicle, except as provided in paragraph (a).
58 6.7. Any commercially farmed animal, including any animal
59 of the equine, bovine, or swine class or other grazing animal; a
60 bee colony of a registered beekeeper; and aquaculture species
61 raised at a certified aquaculture facility. If the property
62 stolen is aquaculture species raised at a certified aquaculture
63 facility, then a $10,000 fine shall be imposed.
64 8. Any fire extinguisher.
65 7.9. Any amount of citrus fruit consisting of 2,000 or more
66 individual pieces of fruit.
67 10. Taken from a designated construction site identified by
68 the posting of a sign as provided for in s. 810.09(2)(d).
69 11. Any stop sign.
70 12. Anhydrous ammonia.
71 8.13. Any amount of a controlled substance as defined in s.
72 893.02. Notwithstanding any other law, separate judgments and
73 sentences for theft of a controlled substance under this
74 subparagraph and for any applicable possession of controlled
75 substance offense under s. 893.13 or trafficking in controlled
76 substance offense under s. 893.135 may be imposed when all such
77 offenses involve the same amount or amounts of a controlled
78 substance.
79
80 However, if the property is stolen within a county that is
81 subject to a state of emergency declared by the Governor under
82 chapter 252, the property is stolen after the declaration of
83 emergency is made, and the perpetration of the theft is
84 facilitated by conditions arising from the emergency, the
85 offender commits a felony of the second degree, punishable as
86 provided in s. 775.082, s. 775.083, or s. 775.084, if the
87 property is valued at $5,000 or more, but less than $10,000, as
88 provided under subparagraph 2., or if the property is valued at
89 $10,000 or more, but less than $20,000, as provided under
90 subparagraph 3. As used in this paragraph, the term “conditions
91 arising from the emergency” means civil unrest, power outages,
92 curfews, voluntary or mandatory evacuations, or a reduction in
93 the presence of or the response time for first responders or
94 homeland security personnel. For purposes of sentencing under
95 chapter 921, a felony offense that is reclassified under this
96 paragraph is ranked one level above the ranking under s.
97 921.0022 or s. 921.0023 of the offense committed.
98 (d) It is grand theft of the third degree and a felony of
99 the third degree, punishable as provided in s. 775.082, s.
100 775.083, or s. 775.084, if the property stolen is valued at
101 $1,500 $100 or more, but less than $5,000 $300, and is taken
102 from a dwelling as defined in s. 810.011(2) or from the
103 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
104 (e) Except as provided in paragraph (d), if the property
105 stolen is valued at $500 $100 or more, but less than $1,500
106 $300, the offender commits petit theft of the first degree,
107 punishable as a misdemeanor of the first degree, as provided in
108 s. 775.082 or s. 775.083.
109 (3)(a) Theft of any property not specified in subsection
110 (2) is petit theft of the second degree and a misdemeanor of the
111 second degree, punishable as provided in s. 775.082 or s.
112 775.083, and as provided in subsection (5), as applicable.
113 (b) A person who commits petit theft and who has previously
114 been convicted of any theft commits a misdemeanor of the first
115 degree, punishable as provided in s. 775.082 or s. 775.083.
116 (c) A person who commits petit theft of the first degree
117 and who has previously been convicted two or more times of any
118 theft as an adult commits a felony of the third degree,
119 punishable as provided in s. 775.082 or s. 775.083, if the third
120 or subsequent petit theft offense occurs within 3 years after
121 the expiration of his or her sentence for the most recent theft
122 conviction.
123 Section 2. Subsections (8) and (9) of section 812.015,
124 Florida Statutes, are amended to read:
125 812.015 Retail and farm theft; transit fare evasion;
126 mandatory fine; alternative punishment; detention and arrest;
127 exemption from liability for false arrest; resisting arrest;
128 penalties.—
129 (8) Except as provided in subsection (9), a person who
130 commits retail theft commits a felony of the third degree,
131 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
132 if the property stolen is valued at $1,500 $300 or more, and the
133 person:
134 (a) Individually, or in concert with one or more other
135 persons, coordinates the activities of one or more individuals
136 in committing the offense, in which case the amount of each
137 individual theft is aggregated to determine the value of the
138 property stolen;
139 (b) Commits theft from more than one location within a 48
140 hour period, in which case the amount of each individual theft
141 is aggregated to determine the value of the property stolen;
142 (c) Acts in concert with one or more other individuals
143 within one or more establishments to distract the merchant,
144 merchant’s employee, or law enforcement officer in order to
145 carry out the offense, or acts in other ways to coordinate
146 efforts to carry out the offense; or
147 (d) Commits the offense through the purchase of merchandise
148 in a package or box that contains merchandise other than, or in
149 addition to, the merchandise purported to be contained in the
150 package or box.
151 (9) A person commits a felony of the second degree,
152 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
153 if the person:
154 (a) Violates subsection (8) and has previously been
155 convicted as an adult of a violation of subsection (8) within 3
156 years after the expiration of the sentence; or
157 (b) Individually, or in concert with one or more other
158 persons, coordinates the activities of one or more persons in
159 committing the offense of retail theft where the stolen property
160 has a value in excess of $3,000.
161 Section 3. Paragraphs (a), (b), (d), (e), and (f) of
162 subsection (3) of section 921.0022, Florida Statutes, are
163 amended to read:
164 921.0022 Criminal Punishment Code; offense severity ranking
165 chart.—
166 (3) OFFENSE SEVERITY RANKING CHART
167 (a) LEVEL 1
168
169 FloridaStatute FelonyDegree Description
170 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
171 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
172 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
173 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
174 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
175 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
176 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
177 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
178 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
179 322.212(5)(a) 3rd False application for driver license or identification card.
180 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
181 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
182 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
183 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
184 562.27(1) 3rd Possess still or still apparatus.
185 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
186 812.014(3)(c) 3rd Petit theft as adult (3rd or subsequent conviction) within certain time; theft of any property not specified in subsection (2).
187 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
188 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
189 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
190 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
191 826.01 3rd Bigamy.
192 828.122(3) 3rd Fighting or baiting animals.
193 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
194 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
195 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
196 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
197 838.15(2) 3rd Commercial bribe receiving.
198 838.16 3rd Commercial bribery.
199 843.18 3rd Fleeing by boat to elude a law enforcement officer.
200 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
201 849.01 3rd Keeping gambling house.
202 849.09(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.
203 849.23 3rd Gambling-related machines; “common offender” as to property rights.
204 849.25(2) 3rd Engaging in bookmaking.
205 860.08 3rd Interfere with a railroad signal.
206 860.13(1)(a) 3rd Operate aircraft while under the influence.
207 893.13(2)(a)2. 3rd Purchase of cannabis.
208 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
209 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
210
211 (b) LEVEL 2
212
213 FloridaStatute FelonyDegree Description
214 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
215 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
216 403.413(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.
217 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
218 590.28(1) 3rd Intentional burning of lands.
219 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
220 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
221 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
222 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
223 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
224 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
225 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
226 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
227 817.234(1)(a)2. 3rd False statement in support of insurance claim.
228 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
229 817.52(3) 3rd Failure to redeliver hired vehicle.
230 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
231 817.60(5) 3rd Dealing in credit cards of another.
232 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
233 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
234 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
235 831.01 3rd Forgery.
236 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
237 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
238 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
239 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
240 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
241 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
242 843.08 3rd False personation.
243 893.13(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.
244 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
245 (d) LEVEL 4
246
247 FloridaStatute FelonyDegree Description
248 316.1935(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.
249 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
250 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
251 517.07(1) 3rd Failure to register securities.
252 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
253 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
254 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
255 784.075 3rd Battery on detention or commitment facility staff.
256 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
257 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
258 784.081(3) 3rd Battery on specified official or employee.
259 784.082(3) 3rd Battery by detained person on visitor or other detainee.
260 784.083(3) 3rd Battery on code inspector.
261 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
262 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
263 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
264 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
265 787.07 3rd Human smuggling.
266 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
267 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
268 790.115(2)(c) 3rd Possessing firearm on school property.
269 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
270 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
271 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
272 810.06 3rd Burglary; possession of tools.
273 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
274 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
275 812.014 (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.
276 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
277 817.505(4)(a) 3rd Patient brokering.
278 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
279 817.568(2)(a) 3rd Fraudulent use of personal identification information.
280 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
281 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
282 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
283 837.02(1) 3rd Perjury in official proceedings.
284 837.021(1) 3rd Make contradictory statements in official proceedings.
285 838.022 3rd Official misconduct.
286 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
287 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
288 843.021 3rd Possession of a concealed handcuff key by a person in custody.
289 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
290 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
291 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
292 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
293 893.13(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).
294 914.14(2) 3rd Witnesses accepting bribes.
295 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
296 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
297 918.12 3rd Tampering with jurors.
298 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
299 (e) LEVEL 5
300
301 FloridaStatute FelonyDegree Description
302 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
303 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
304 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
305 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
306 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
307 379.365(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.
308 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
309 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
310 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
311 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
312 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
313 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
314 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
315 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
316 790.01(2) 3rd Carrying a concealed firearm.
317 790.162 2nd Threat to throw or discharge destructive device.
318 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
319 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
320 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
321 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
322 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
323 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
324 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
325 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
326 812.015(8) 3rd Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
327 812.019(1) 2nd Stolen property; dealing in or trafficking in.
328 812.131(2)(b) 3rd Robbery by sudden snatching.
329 812.16(2) 3rd Owning, operating, or conducting a chop shop.
330 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
331 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
332 817.2341(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.
333 817.568(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.
334 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
335 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
336 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
337 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
338 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
339 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
340 843.01 3rd Resist officer with violence to person; resist arrest with violence.
341 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
342 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
343 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
344 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
345 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
346 893.13(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).
347 893.13(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.
348 893.13(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.
349 893.13(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.
350 893.13(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.
351 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
352 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
353 (f) LEVEL 6
354
355 FloridaStatute FelonyDegree Description
356 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
357 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
358 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
359 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
360 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
361 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
362 775.0875(1) 3rd Taking firearm from law enforcement officer.
363 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
364 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
365 784.041 3rd Felony battery; domestic battery by strangulation.
366 784.048(3) 3rd Aggravated stalking; credible threat.
367 784.048(5) 3rd Aggravated stalking of person under 16.
368 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
369 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
370 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
371 784.081(2) 2nd Aggravated assault on specified official or employee.
372 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
373 784.083(2) 2nd Aggravated assault on code inspector.
374 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
375 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
376 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
377 790.164(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.
378 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
379 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
380 794.05(1) 2nd Unlawful sexual activity with specified minor.
381 800.04(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.
382 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
383 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
384 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
385 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
386 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
387 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
388 812.015(9)(a) 2nd Retail theft as adult; property stolen $1,500 $300 or more; second or subsequent conviction within certain time.
389 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
390 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
391 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
392 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
393 825.102(1) 3rd Abuse of an elderly person or disabled adult.
394 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
395 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
396 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
397 827.03(2)(c) 3rd Abuse of a child.
398 827.03(2)(d) 3rd Neglect of a child.
399 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
400 836.05 2nd Threats; extortion.
401 836.10 2nd Written threats to kill or do bodily injury.
402 843.12 3rd Aids or assists person to escape.
403 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
404 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
405 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
406 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
407 944.35(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.
408 944.40 2nd Escapes.
409 944.46 3rd Harboring, concealing, aiding escaped prisoners.
410 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
411 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
412 Section 4. Paragraph (a) of subsection (1) and paragraph
413 (c) of subsection (2) of section 985.557, Florida Statutes, are
414 amended to read:
415 985.557 Direct filing of an information; discretionary and
416 mandatory criteria.—
417 (1) DISCRETIONARY DIRECT FILE.—
418 (a) With respect to any child who was 14 or 15 years of age
419 at the time the alleged offense was committed, the state
420 attorney may file an information when in the state attorney’s
421 judgment and discretion the public interest requires that adult
422 sanctions be considered or imposed and when the offense charged
423 is for the commission of, attempt to commit, or conspiracy to
424 commit:
425 1. Arson;
426 2. Sexual battery;
427 3. Robbery;
428 4. Kidnapping;
429 5. Aggravated child abuse;
430 6. Aggravated assault;
431 7. Aggravated stalking;
432 8. Murder;
433 9. Manslaughter;
434 10. Unlawful throwing, placing, or discharging of a
435 destructive device or bomb;
436 11. Armed burglary in violation of s. 810.02(2)(b) or
437 specified burglary of a dwelling or structure in violation of s.
438 810.02(2)(c), or burglary with an assault or battery in
439 violation of s. 810.02(2)(a);
440 12. Aggravated battery;
441 13. Any lewd or lascivious offense committed upon or in the
442 presence of a person less than 16 years of age;
443 14. Carrying, displaying, using, threatening, or attempting
444 to use a weapon or firearm during the commission of a felony;
445 15. Grand theft in violation of s. 812.014(2)(a);
446 16. Possessing or discharging any weapon or firearm on
447 school property in violation of s. 790.115;
448 17. Home invasion robbery;
449 18. Carjacking; or
450 19. Grand theft of a motor vehicle in violation of s.
451 812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
452 vehicle valued at $20,000 or more in violation of s.
453 812.014(2)(b) if the child has a previous adjudication for grand
454 theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
455 812.014(2)(c)6. or s. 812.014(2)(b).
456 (2) MANDATORY DIRECT FILE.—
457 (c) The state attorney must file an information if a child,
458 regardless of the child’s age at the time the alleged offense
459 was committed, is alleged to have committed an act that would be
460 a violation of law if the child were an adult, that involves
461 stealing a motor vehicle, including, but not limited to, a
462 violation of s. 812.133, relating to carjacking, or s.
463 812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
464 motor vehicle, and while the child was in possession of the
465 stolen motor vehicle the child caused serious bodily injury to
466 or the death of a person who was not involved in the underlying
467 offense. For purposes of this section, the driver and all
468 willing passengers in the stolen motor vehicle at the time such
469 serious bodily injury or death is inflicted shall also be
470 subject to mandatory transfer to adult court. “Stolen motor
471 vehicle,” for the purposes of this section, means a motor
472 vehicle that has been the subject of any criminal wrongful
473 taking. For purposes of this section, “willing passengers” means
474 all willing passengers who have participated in the underlying
475 offense.
476 Section 5. For the purpose of incorporating the amendment
477 made by this act to section 812.014, Florida Statutes, in a
478 reference thereto, subsection (10) of section 95.18, Florida
479 Statutes, is reenacted to read:
480 95.18 Real property actions; adverse possession without
481 color of title.—
482 (10) A person who occupies or attempts to occupy a
483 residential structure solely by claim of adverse possession
484 under this section and offers the property for lease to another
485 commits theft under s. 812.014.
486 Section 6. For the purpose of incorporating the amendment
487 made by this act to section 812.014, Florida Statutes, in a
488 reference thereto, paragraph (c) of subsection (3) of section
489 373.6055, Florida Statutes, is reenacted to read:
490 373.6055 Criminal history checks for certain water
491 management district employees and others.—
492 (3)
493 (c) In addition to other requirements for employment or
494 access established by any water management district pursuant to
495 its water management district’s security plan for buildings,
496 facilities, and structures, each water management district’s
497 security plan shall provide that:
498 1. Any person who has within the past 7 years been
499 convicted, regardless of whether adjudication was withheld, for
500 a forcible felony as defined in s. 776.08; an act of terrorism
501 as defined in s. 775.30; planting of a hoax bomb as provided in
502 s. 790.165; any violation involving the manufacture, possession,
503 sale, delivery, display, use, or attempted or threatened use of
504 a weapon of mass destruction or hoax weapon of mass destruction
505 as provided in s. 790.166; dealing in stolen property; any
506 violation of s. 893.135; any violation involving the sale,
507 manufacturing, delivery, or possession with intent to sell,
508 manufacture, or deliver a controlled substance; burglary;
509 robbery; any felony violation of s. 812.014; any violation of s.
510 790.07; any crime an element of which includes use or possession
511 of a firearm; any conviction for any similar offenses under the
512 laws of another jurisdiction; or conviction for conspiracy to
513 commit any of the listed offenses may not be qualified for
514 initial employment within or authorized regular access to
515 buildings, facilities, or structures defined in the water
516 management district’s security plan as restricted access areas.
517 2. Any person who has at any time been convicted of any of
518 the offenses listed in subparagraph 1. may not be qualified for
519 initial employment within or authorized regular access to
520 buildings, facilities, or structures defined in the water
521 management district’s security plan as restricted access areas
522 unless, after release from incarceration and any supervision
523 imposed as a sentence, the person remained free from a
524 subsequent conviction, regardless of whether adjudication was
525 withheld, for any of the listed offenses for a period of at
526 least 7 years prior to the employment or access date under
527 consideration.
528 Section 7. For the purpose of incorporating the amendment
529 made by this act to section 812.014, Florida Statutes, in a
530 reference thereto, subsection (3) of section 400.9935, Florida
531 Statutes, is reenacted to read:
532 400.9935 Clinic responsibilities.—
533 (3) A charge or reimbursement claim made by or on behalf of
534 a clinic that is required to be licensed under this part but
535 that is not so licensed, or that is otherwise operating in
536 violation of this part, regardless of whether a service is
537 rendered or whether the charge or reimbursement claim is paid,
538 is an unlawful charge and is noncompensable and unenforceable. A
539 person who knowingly makes or causes to be made an unlawful
540 charge commits theft within the meaning of and punishable as
541 provided in s. 812.014.
542 Section 8. For the purpose of incorporating the amendment
543 made by this act to section 812.014, Florida Statutes, in a
544 reference thereto, paragraph (g) of subsection (17) of section
545 409.910, Florida Statutes, is reenacted to read:
546 409.910 Responsibility for payments on behalf of Medicaid
547 eligible persons when other parties are liable.—
548 (17)
549 (g) The agency may investigate and request appropriate
550 officers or agencies of the state to investigate suspected
551 criminal violations or fraudulent activity related to third
552 party benefits, including, without limitation, ss. 414.39 and
553 812.014. Such requests may be directed, without limitation, to
554 the Medicaid Fraud Control Unit of the Office of the Attorney
555 General or to any state attorney. Pursuant to s. 409.913, the
556 Attorney General has primary responsibility to investigate and
557 control Medicaid fraud.
558 Section 9. For the purpose of incorporating the amendment
559 made by this act to section 812.014, Florida Statutes, in a
560 reference thereto, subsection (4) of section 489.126, Florida
561 Statutes, is reenacted to read:
562 489.126 Moneys received by contractors.—
563 (4) Any person who violates any provision of this section
564 is guilty of theft and shall be prosecuted and punished under s.
565 812.014.
566 Section 10. For the purpose of incorporating the amendment
567 made by this act to section 812.015, Florida Statutes, in a
568 reference thereto, subsection (5) of section 538.09, Florida
569 Statutes, is reenacted to read:
570 538.09 Registration.—
571 (5) In addition to the fine provided in subsection (4),
572 registration under this section may be denied or any
573 registration granted may be revoked, restricted, or suspended by
574 the department if the department determines that the applicant
575 or registrant:
576 (a) Has violated any provision of this chapter or any rule
577 or order made pursuant to this chapter;
578 (b) Has made a material false statement in the application
579 for registration;
580 (c) Has been guilty of a fraudulent act in connection with
581 any purchase or sale or has been or is engaged in or is about to
582 engage in any practice, purchase, or sale which is fraudulent or
583 in violation of the law;
584 (d) Has made a misrepresentation or false statement to, or
585 concealed any essential or material fact from, any person in
586 making any purchase or sale;
587 (e) Is making purchases or sales through any business
588 associate not registered in compliance with the provisions of
589 this chapter;
590 (f) Has, within the preceding 10-year period for new
591 registrants who apply for registration on or after October 1,
592 2006, been convicted of, or has entered a plea of guilty or nolo
593 contendere to, or had adjudication withheld for, a crime against
594 the laws of this state or any other state or of the United
595 States which relates to registration as a secondhand dealer or
596 which involves theft, larceny, dealing in stolen property,
597 receiving stolen property, burglary, embezzlement, obtaining
598 property by false pretenses, possession of altered property, any
599 felony drug offense, any violation of s. 812.015, or any
600 fraudulent dealing;
601 (g) Has had a final judgment entered against her or him in
602 a civil action upon grounds of fraud, embezzlement,
603 misrepresentation, or deceit; or
604 (h) Has failed to pay any sales tax owed to the Department
605 of Revenue.
606
607 In the event the department determines to deny an application or
608 revoke a registration, it shall enter a final order with its
609 findings on the register of secondhand dealers and their
610 business associates, if any; and denial, suspension, or
611 revocation of the registration of a secondhand dealer shall also
612 deny, suspend, or revoke the registration of such secondhand
613 dealer’s business associates.
614 Section 11. For the purpose of incorporating the amendment
615 made by this act to section 812.014, Florida Statutes, in a
616 reference thereto, subsection (2) of section 538.23, Florida
617 Statutes, is reenacted to read:
618 538.23 Violations and penalties.—
619 (2) A secondary metals recycler is presumed to know upon
620 receipt of stolen regulated metals property in a purchase
621 transaction that the regulated metals property has been stolen
622 from another if the secondary metals recycler knowingly and
623 intentionally fails to maintain the information required in s.
624 538.19 and shall, upon conviction of a violation of s. 812.015,
625 be punished as provided in s. 812.014(2) or (3).
626 Section 12. For the purpose of incorporating the amendment
627 made by this act to section 812.014, Florida Statutes, in a
628 reference thereto, subsection (10) of section 550.6305, Florida
629 Statutes, is reenacted to read:
630 550.6305 Intertrack wagering; guest track payments;
631 accounting rules.—
632 (10) All races or games conducted at a permitholder’s
633 facility, all broadcasts of such races or games, and all
634 broadcast rights relating thereto are owned by the permitholder
635 at whose facility such races or games are conducted and
636 constitute the permitholder’s property as defined in s.
637 812.012(4). Transmission, reception of a transmission,
638 exhibition, use, or other appropriation of such races or games,
639 broadcasts of such races or games, or broadcast rights relating
640 thereto without the written consent of the permitholder
641 constitutes a theft of such property under s. 812.014; and in
642 addition to the penal sanctions contained in s. 812.014, the
643 permitholder has the right to avail itself of the civil remedies
644 specified in ss. 772.104, 772.11, and 812.035 in addition to any
645 other remedies available under applicable state or federal law.
646 Section 13. For the purpose of incorporating the amendment
647 made by this act to section 812.014, Florida Statutes, in a
648 reference thereto, subsection (2) of section 634.319, Florida
649 Statutes, is reenacted to read:
650 634.319 Reporting and accounting for funds.—
651 (2) Any sales representative who, not being entitled
652 thereto, diverts or appropriates such funds or any portion
653 thereof to her or his own use is, upon conviction, guilty of
654 theft, punishable as provided in s. 812.014.
655 Section 14. For the purpose of incorporating the amendment
656 made by this act to section 812.014, Florida Statutes, in a
657 reference thereto, subsection (2) of section 634.421, Florida
658 Statutes, is reenacted to read:
659 634.421 Reporting and accounting for funds.—
660 (2) Any sales representative who, not being entitled
661 thereto, diverts or appropriates funds or any portion thereof to
662 her or his own use commits theft as provided in s. 812.014.
663 Section 15. For the purpose of incorporating the amendment
664 made by this act to section 812.014, Florida Statutes, in a
665 reference thereto, subsection (3) of section 636.238, Florida
666 Statutes, is reenacted to read:
667 636.238 Penalties for violation of this part.—
668 (3) A person who collects fees for purported membership in
669 a discount plan but purposefully fails to provide the promised
670 benefits commits a theft, punishable as provided in s. 812.014.
671 Section 16. For the purpose of incorporating the amendment
672 made by this act to section 812.014, Florida Statutes, in a
673 reference thereto, subsection (2) of section 642.038, Florida
674 Statutes, is reenacted to read:
675 642.038 Reporting and accounting for funds.—
676 (2) Any sales representative who, not being entitled
677 thereto, diverts or appropriates such funds or any portion
678 thereof to his or her own use commits theft as provided in s.
679 812.014.
680 Section 17. For the purpose of incorporating the amendment
681 made by this act to section 812.014, Florida Statutes, in a
682 reference thereto, subsection (4) of section 705.102, Florida
683 Statutes, is reenacted to read:
684 705.102 Reporting lost or abandoned property.—
685 (4) Any person who unlawfully appropriates such lost or
686 abandoned property to his or her own use or refuses to deliver
687 such property when required commits theft as defined in s.
688 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
689 775.084.
690 Section 18. For the purpose of incorporating the amendment
691 made by this act to section 812.014, Florida Statutes, in a
692 reference thereto, paragraph (d) of subsection (1) of section
693 718.111, Florida Statutes, is reenacted to read:
694 718.111 The association.—
695 (1) CORPORATE ENTITY.—
696 (d) As required by s. 617.0830, an officer, director, or
697 agent shall discharge his or her duties in good faith, with the
698 care an ordinarily prudent person in a like position would
699 exercise under similar circumstances, and in a manner he or she
700 reasonably believes to be in the interests of the association.
701 An officer, director, or agent shall be liable for monetary
702 damages as provided in s. 617.0834 if such officer, director, or
703 agent breached or failed to perform his or her duties and the
704 breach of, or failure to perform, his or her duties constitutes
705 a violation of criminal law as provided in s. 617.0834;
706 constitutes a transaction from which the officer or director
707 derived an improper personal benefit, either directly or
708 indirectly; or constitutes recklessness or an act or omission
709 that was in bad faith, with malicious purpose, or in a manner
710 exhibiting wanton and willful disregard of human rights, safety,
711 or property. Forgery of a ballot envelope or voting certificate
712 used in a condominium association election is punishable as
713 provided in s. 831.01, the theft or embezzlement of funds of a
714 condominium association is punishable as provided in s. 812.014,
715 and the destruction of or the refusal to allow inspection or
716 copying of an official record of a condominium association that
717 is accessible to unit owners within the time periods required by
718 general law in furtherance of any crime is punishable as
719 tampering with physical evidence as provided in s. 918.13 or as
720 obstruction of justice as provided in chapter 843. An officer or
721 director charged by information or indictment with a crime
722 referenced in this paragraph must be removed from office, and
723 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
724 until the end of the officer’s or director’s period of
725 suspension or the end of his or her term of office, whichever
726 occurs first. If a criminal charge is pending against the
727 officer or director, he or she may not be appointed or elected
728 to a position as an officer or a director of any association and
729 may not have access to the official records of any association,
730 except pursuant to a court order. However, if the charges are
731 resolved without a finding of guilt, the officer or director
732 must be reinstated for the remainder of his or her term of
733 office, if any.
734 Section 19. For the purpose of incorporating the amendment
735 made by this act to section 812.014, Florida Statutes, in a
736 reference thereto, subsection (2) of section 812.015, Florida
737 Statutes, is reenacted to read:
738 812.015 Retail and farm theft; transit fare evasion;
739 mandatory fine; alternative punishment; detention and arrest;
740 exemption from liability for false arrest; resisting arrest;
741 penalties.—
742 (2) Upon a second or subsequent conviction for petit theft
743 from a merchant, farmer, or transit agency, the offender shall
744 be punished as provided in s. 812.014(3), except that the court
745 shall impose a fine of not less than $50 or more than $1,000.
746 However, in lieu of such fine, the court may require the
747 offender to perform public services designated by the court. In
748 no event shall any such offender be required to perform fewer
749 than the number of hours of public service necessary to satisfy
750 the fine assessed by the court, as provided by this subsection,
751 at the minimum wage prevailing in the state at the time of
752 sentencing.
753 Section 20. For the purpose of incorporating the amendment
754 made by this act to section 812.014, Florida Statutes, in a
755 reference thereto, subsections (1) and (2) of section 812.0155,
756 Florida Statutes, are reenacted to read:
757 812.0155 Suspension of driver license following an
758 adjudication of guilt for theft.—
759 (1) Except as provided in subsections (2) and (3), the
760 court may order the suspension of the driver license of each
761 person adjudicated guilty of any misdemeanor violation of s.
762 812.014 or s. 812.015, regardless of the value of the property
763 stolen. Upon ordering the suspension of the driver license of
764 the person adjudicated guilty, the court shall forward the
765 driver license of the person adjudicated guilty to the
766 Department of Highway Safety and Motor Vehicles in accordance
767 with s. 322.25.
768 (a) The first suspension of a driver license under this
769 subsection shall be for a period of up to 6 months.
770 (b) A second or subsequent suspension of a driver license
771 under this subsection shall be for 1 year.
772 (2) The court may revoke, suspend, or withhold issuance of
773 a driver license of a person less than 18 years of age who
774 violates s. 812.014 or s. 812.015 as an alternative to
775 sentencing the person to:
776 (a) Probation as defined in s. 985.03 or commitment to the
777 Department of Juvenile Justice, if the person is adjudicated
778 delinquent for such violation and has not previously been
779 convicted of or adjudicated delinquent for any criminal offense,
780 regardless of whether adjudication was withheld.
781 (b) Probation as defined in s. 985.03, commitment to the
782 Department of Juvenile Justice, probation as defined in chapter
783 948, community control, or incarceration, if the person is
784 convicted as an adult of such violation and has not previously
785 been convicted of or adjudicated delinquent for any criminal
786 offense, regardless of whether adjudication was withheld.
787 Section 21. For the purpose of incorporating the amendment
788 made by this act to section 812.014, Florida Statutes, in a
789 reference thereto, subsections (4), (7), and (8) of section
790 812.14, Florida Statutes, are reenacted to read:
791 812.14 Trespass and larceny with relation to utility
792 fixtures; theft of utility services.—
793 (4) A person who willfully violates subsection (2) commits
794 theft, punishable as provided in s. 812.014.
795 (7) An owner, lessor, or sublessor who willfully violates
796 subsection (5) commits a misdemeanor of the first degree,
797 punishable as provided in s. 775.082 or s. 775.083. Prosecution
798 for a violation of subsection (5) does not preclude prosecution
799 for theft pursuant to subsection (8) or s. 812.014.
800 (8) Theft of utility services for the purpose of
801 facilitating the manufacture of a controlled substance is theft,
802 punishable as provided in s. 812.014.
803 Section 22. For the purpose of incorporating the amendment
804 made by this act to section 812.014, Florida Statutes, in a
805 reference thereto, subsection (3) of section 893.138, Florida
806 Statutes, is reenacted to read:
807 893.138 Local administrative action to abate drug-related,
808 prostitution-related, or stolen-property-related public
809 nuisances and criminal gang activity.—
810 (3) Any pain-management clinic, as described in s. 458.3265
811 or s. 459.0137, which has been used on more than two occasions
812 within a 6-month period as the site of a violation of:
813 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
814 relating to assault and battery;
815 (b) Section 810.02, relating to burglary;
816 (c) Section 812.014, relating to theft;
817 (d) Section 812.131, relating to robbery by sudden
818 snatching; or
819 (e) Section 893.13, relating to the unlawful distribution
820 of controlled substances,
821
822 may be declared to be a public nuisance, and such nuisance may
823 be abated pursuant to the procedures provided in this section.
824 Section 23. For the purpose of incorporating the amendment
825 made by this act to section 812.014, Florida Statutes, in a
826 reference thereto, paragraph (b) of subsection (3) of section
827 943.051, Florida Statutes, is reenacted to read:
828 943.051 Criminal justice information; collection and
829 storage; fingerprinting.—
830 (3)
831 (b) A minor who is charged with or found to have committed
832 the following offenses shall be fingerprinted and the
833 fingerprints shall be submitted electronically to the
834 department, unless the minor is issued a civil citation pursuant
835 to s. 985.12:
836 1. Assault, as defined in s. 784.011.
837 2. Battery, as defined in s. 784.03.
838 3. Carrying a concealed weapon, as defined in s. 790.01(1).
839 4. Unlawful use of destructive devices or bombs, as defined
840 in s. 790.1615(1).
841 5. Neglect of a child, as defined in s. 827.03(1)(e).
842 6. Assault or battery on a law enforcement officer, a
843 firefighter, or other specified officers, as defined in s.
844 784.07(2)(a) and (b).
845 7. Open carrying of a weapon, as defined in s. 790.053.
846 8. Exposure of sexual organs, as defined in s. 800.03.
847 9. Unlawful possession of a firearm, as defined in s.
848 790.22(5).
849 10. Petit theft, as defined in s. 812.014(3).
850 11. Cruelty to animals, as defined in s. 828.12(1).
851 12. Arson, as defined in s. 806.031(1).
852 13. Unlawful possession or discharge of a weapon or firearm
853 at a school-sponsored event or on school property, as provided
854 in s. 790.115.
855 Section 24. For the purpose of incorporating the amendment
856 made by this act to section 812.014, Florida Statutes, in a
857 reference thereto, paragraph (b) of subsection (1) of section
858 985.11, Florida Statutes, is reenacted to read:
859 985.11 Fingerprinting and photographing.—
860 (1)
861 (b) Unless the child is issued a civil citation or is
862 participating in a similar diversion program pursuant to s.
863 985.12, a child who is charged with or found to have committed
864 one of the following offenses shall be fingerprinted, and the
865 fingerprints shall be submitted to the Department of Law
866 Enforcement as provided in s. 943.051(3)(b):
867 1. Assault, as defined in s. 784.011.
868 2. Battery, as defined in s. 784.03.
869 3. Carrying a concealed weapon, as defined in s. 790.01(1).
870 4. Unlawful use of destructive devices or bombs, as defined
871 in s. 790.1615(1).
872 5. Neglect of a child, as defined in s. 827.03(1)(e).
873 6. Assault on a law enforcement officer, a firefighter, or
874 other specified officers, as defined in s. 784.07(2)(a).
875 7. Open carrying of a weapon, as defined in s. 790.053.
876 8. Exposure of sexual organs, as defined in s. 800.03.
877 9. Unlawful possession of a firearm, as defined in s.
878 790.22(5).
879 10. Petit theft, as defined in s. 812.014.
880 11. Cruelty to animals, as defined in s. 828.12(1).
881 12. Arson, resulting in bodily harm to a firefighter, as
882 defined in s. 806.031(1).
883 13. Unlawful possession or discharge of a weapon or firearm
884 at a school-sponsored event or on school property as defined in
885 s. 790.115.
886
887 A law enforcement agency may fingerprint and photograph a child
888 taken into custody upon probable cause that such child has
889 committed any other violation of law, as the agency deems
890 appropriate. Such fingerprint records and photographs shall be
891 retained by the law enforcement agency in a separate file, and
892 these records and all copies thereof must be marked “Juvenile
893 Confidential.” These records are not available for public
894 disclosure and inspection under s. 119.07(1) except as provided
895 in ss. 943.053 and 985.04(2), but shall be available to other
896 law enforcement agencies, criminal justice agencies, state
897 attorneys, the courts, the child, the parents or legal
898 custodians of the child, their attorneys, and any other person
899 authorized by the court to have access to such records. In
900 addition, such records may be submitted to the Department of Law
901 Enforcement for inclusion in the state criminal history records
902 and used by criminal justice agencies for criminal justice
903 purposes. These records may, in the discretion of the court, be
904 open to inspection by anyone upon a showing of cause. The
905 fingerprint and photograph records shall be produced in the
906 court whenever directed by the court. Any photograph taken
907 pursuant to this section may be shown by a law enforcement
908 officer to any victim or witness of a crime for the purpose of
909 identifying the person who committed such crime.
910 Section 25. This act shall take effect October 1, 2018.