Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì7607545Î760754                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/14/2019           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 118 - 398
    4  and insert:
    5         1. Valued at $1,500 $300 or more, but less than $5,000.
    6         2. Valued at $5,000 or more, but less than $10,000.
    7         3. Valued at $10,000 or more, but less than $20,000.
    8         4. A will, codicil, or other testamentary instrument.
    9         5. A firearm.
   10         6. A motor vehicle, except as provided in paragraph (a).
   11         7. Any commercially farmed animal, including any animal of
   12  the equine, avian, bovine, or swine class or other grazing
   13  animal; a bee colony of a registered beekeeper; and aquaculture
   14  species raised at a certified aquaculture facility. If the
   15  property stolen is a commercially farmed animal, including an
   16  animal of the equine, avian, bovine, or swine class or other
   17  grazing animal; a bee colony of a registered beekeeper; or an
   18  aquaculture species raised at a certified aquaculture facility,
   19  a $10,000 fine shall be imposed.
   20         8. Any fire extinguisher.
   21         9. Any amount of citrus fruit consisting of 2,000 or more
   22  individual pieces of fruit.
   23         10. Taken from a designated construction site identified by
   24  the posting of a sign as provided for in s. 810.09(2)(d).
   25         11. Any stop sign.
   26         12. Anhydrous ammonia.
   27         13. Any amount of a controlled substance as defined in s.
   28  893.02. Notwithstanding any other law, separate judgments and
   29  sentences for theft of a controlled substance under this
   30  subparagraph and for any applicable possession of controlled
   31  substance offense under s. 893.13 or trafficking in controlled
   32  substance offense under s. 893.135 may be imposed when all such
   33  offenses involve the same amount or amounts of a controlled
   34  substance.
   35  
   36  However, if the property is stolen within a county that is
   37  subject to a state of emergency declared by the Governor under
   38  chapter 252, the property is stolen after the declaration of
   39  emergency is made, and the perpetration of the theft is
   40  facilitated by conditions arising from the emergency, the
   41  offender commits a felony of the second degree, punishable as
   42  provided in s. 775.082, s. 775.083, or s. 775.084, if the
   43  property is valued at $5,000 or more, but less than $10,000, as
   44  provided under subparagraph 2., or if the property is valued at
   45  $10,000 or more, but less than $20,000, as provided under
   46  subparagraph 3. As used in this paragraph, the term “conditions
   47  arising from the emergency” means civil unrest, power outages,
   48  curfews, voluntary or mandatory evacuations, or a reduction in
   49  the presence of or the response time for first responders or
   50  homeland security personnel. For purposes of sentencing under
   51  chapter 921, a felony offense that is reclassified under this
   52  paragraph is ranked one level above the ranking under s.
   53  921.0022 or s. 921.0023 of the offense committed.
   54         (d) It is grand theft of the third degree and a felony of
   55  the third degree, punishable as provided in s. 775.082, s.
   56  775.083, or s. 775.084, if the property stolen is valued at $100
   57  or more, but less than $1,500 $300, and is taken from a dwelling
   58  as defined in s. 810.011(2) or from the unenclosed curtilage of
   59  a dwelling pursuant to s. 810.09(1).
   60         (e)1. Except as provided in paragraph (d), if the property
   61  stolen is valued at $100 or more, but less than $1,500 $300, the
   62  offender commits petit theft of the first degree, punishable as
   63  a misdemeanor of the first degree, as provided in s. 775.082 or
   64  s. 775.083.
   65         2. The threshold amounts for offenses specified in this
   66  paragraph and subparagraph (c)1. must be adjusted every 2 years
   67  in an amount equal to the total of the annual increases for that
   68  2-year period in the Consumer Price Index for All Urban
   69  Consumers, U.S. City Average, All Items. The Office of Economic
   70  and Demographic Research shall calculate the thresholds, rounded
   71  to the nearest $50, and publish the amounts, as adjusted, on its
   72  website by July 1 of every second year, with the amounts to take
   73  effect on October 1 of that year. The office shall certify the
   74  revised amounts to the Division of Law Revision, which is
   75  directed to conform the statutes to the revised amounts.
   76         Section 4. Subsections (8) and (9) of section 812.015,
   77  Florida Statutes, are amended, and subsection (10) is added to
   78  that section, to read:
   79         812.015 Retail and farm theft; transit fare evasion;
   80  mandatory fine; alternative punishment; detention and arrest;
   81  exemption from liability for false arrest; resisting arrest;
   82  penalties.—
   83         (8) Except as provided in subsection (9), a person who
   84  commits retail theft commits a felony of the third degree,
   85  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   86  if the property stolen is valued at $1,500 $300 or more, and the
   87  person:
   88         (a) Individually commits retail theft, or in concert with
   89  one or more other persons, coordinates the activities of one or
   90  more individuals in committing the offense. Multiple acts of
   91  retail theft occurring within a 90-day period by an individual
   92  or in concert with one or more persons must be, in which case
   93  the amount of each individual theft is aggregated to determine
   94  the value of the property stolen;
   95         (b) Conspires with another person to commit retail theft
   96  with the intent to sell the stolen property for monetary or
   97  other gain, and subsequently takes or causes such property to be
   98  placed in the control of another person in exchange for
   99  consideration;
  100         (c)(b)Individually, or in concert with one or more other
  101  persons, commits theft from more than one location within a 90
  102  day 48-hour period, in which case the amount of each individual
  103  theft is aggregated to determine the value of the property
  104  stolen;
  105         (d)(c) Acts in concert with one or more other individuals
  106  within one or more establishments to distract the merchant,
  107  merchant’s employee, or law enforcement officer in order to
  108  carry out the offense, or acts in other ways to coordinate
  109  efforts to carry out the offense; or
  110         (e)(d) Commits the offense through the purchase of
  111  merchandise in a package or box that contains merchandise other
  112  than, or in addition to, the merchandise purported to be
  113  contained in the package or box.
  114  
  115  The threshold amounts for offenses specified in this subsection
  116  must be adjusted every 2 years in an amount equal to the total
  117  of the annual increases for that 2-year period in the Consumer
  118  Price Index for All Urban Consumers, U.S. City Average, All
  119  Items. The Office of Economic and Demographic Research shall
  120  calculate the thresholds, rounded to the nearest $50, and
  121  publish the amounts, as adjusted, on its website by July 1 of
  122  every second year, with the amounts to take effect on October 1
  123  of that year. The office shall certify the revised amounts to
  124  the Division of Law Revision, which is directed to conform the
  125  statutes to the revised amounts.
  126         (9) A person commits a felony of the second degree,
  127  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  128  if the person:
  129         (a) Violates subsection (8) and has previously been
  130  convicted of a violation of subsection (8); or
  131         (b) Individually, or in concert with one or more other
  132  persons, coordinates the activities of one or more persons in
  133  committing the offense, in which case the amount of each
  134  individual of retail theft is aggregated; and if where the
  135  stolen property has a value in excess of $3,000 and the theft
  136  occurs within a 90-day period; or
  137         (c) Conspires with another person to commit retail theft
  138  with the intent to sell the stolen property for monetary or
  139  other gain, and subsequently takes or causes such property to be
  140  placed in control of another person in exchange for
  141  consideration, if such property has a value in excess of $3,000,
  142  aggregated over a 90-day period.
  143         (10)If a person commits retail theft in more than one
  144  county, the amount of the theft may be aggregated and each
  145  county where any of the retail theft occurred has concurrent
  146  jurisdiction.
  147         Section 5. Subsection (3) is added to section 812.019,
  148  Florida Statutes, to read:
  149         812.019 Dealing in stolen property.—
  150         (3) Any person who receives, possesses, or purchases any
  151  merchandise or stored-value card obtained from a fraudulent
  152  return with the knowledge that the merchandise or stored-value
  153  card was obtained in violation of s. 812.015 commits a felony of
  154  the third degree, punishable as provided in s. 775.082, s.
  155  775.083, or s. 775.084.
  156         Section 6. Paragraphs (b), (c), and (e) of subsection (3)
  157  of section 921.0022, Florida Statutes, are amended to read:
  158         921.0022 Criminal Punishment Code; offense severity ranking
  159  chart.—
  160         (3) OFFENSE SEVERITY RANKING CHART
  161         (b) LEVEL 2
  162  
  163  FloridaStatute         FelonyDegree            Description         
  164  
  165  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  166  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  167  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.
  168  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  169  590.28(1)                      3rd     Intentional burning of lands.
  170  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  171  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  172  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  173  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  174  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  175  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
  176  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $1,500 $300, taken from unenclosed curtilage of dwelling.
  177  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  178  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  179  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  180  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  181  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  182  817.60(5)                      3rd     Dealing in credit cards of another.
  183  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  184  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  185  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  186  831.01                         3rd     Forgery.                   
  187  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  188  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  189  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  190  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  191  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  192  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  193  843.08                         3rd     False personation.         
  194  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  195  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  196  
  197  
  198         (c) LEVEL 3
  199  
  200  
  201  FloridaStatute           FelonyDegree         Description          
  202  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  203  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  204  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  205  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  206  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  207  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  208  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  209  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  210  327.35(2)(b)                 3rd     Felony BUI.                   
  211  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  212  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  213  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  214  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  215  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  216  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  217  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  218  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  219  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  220  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  221  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  222  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  223  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  224  697.08                       3rd     Equity skimming.              
  225  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  226  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  227  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  228  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  229  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  230  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  231  812.015(8)(b)                3rd     Retail theft with intent to sell; coordination with others.
  232  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  233  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  234  817.233                      3rd     Burning to defraud insurer.   
  235  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  236  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  237  817.236                      3rd     Filing a false motor vehicle insurance application.
  238  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  239  817.413(2)                   3rd     Sale of used goods as new.    
  240  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  241  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  242  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  243  843.19                       3rd     Injure, disable, or kill police dog or horse.
  244  860.15(3)                    3rd     Overcharging for repairs and parts.
  245  870.01(2)                    3rd     Riot; inciting or encouraging.
  246  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  247  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  248  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  249  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  250  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  251  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  252  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  253  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  254  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  255  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  256  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  257  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  258  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  259  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  260  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  261  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  262  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  263  
  264  
  265         (e) LEVEL 5
  266  
  267  
  268  FloridaStatute             FelonyDegree        Description        
  269  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  270  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  271  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  272  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  273  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  274  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.
  275  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  276  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  277  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  278  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  279  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  280  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  281  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  282  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  283  790.01(2)                      3rd     Carrying a concealed firearm.
  284  790.162                        2nd     Threat to throw or discharge destructive device.
  285  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  286  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  287  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  288  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  289  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  290  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  291  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  292  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  293  812.015(8)(a), (c),(d), & (e)    3rd     Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
  294  
  295  
  296