Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì805438;Î805438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/13/2019           .                                
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       The Committee on Appropriations (Bradley and Simpson)
       recommended the following:
       
    1         Senate Substitute for Amendment (815540) (with title
    2  amendment)
    3  
    4         Delete lines 173 - 259
    5  and insert:
    6         (e) Except as provided in paragraph (d), if the property
    7  stolen is valued at $100 or more, but less than $700 $300, the
    8  offender commits petit theft of the first degree, punishable as
    9  a misdemeanor of the first degree, as provided in s. 775.082 or
   10  s. 775.083.
   11         Section 4. Subsections (8) and (9) of section 812.015,
   12  Florida Statutes, are amended, and subsection (10) is added to
   13  that section, to read:
   14         812.015 Retail and farm theft; transit fare evasion;
   15  mandatory fine; alternative punishment; detention and arrest;
   16  exemption from liability for false arrest; resisting arrest;
   17  penalties.—
   18         (8) Except as provided in subsection (9), a person who
   19  commits retail theft commits a felony of the third degree,
   20  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   21  if the property stolen is valued at $700 $300 or more, and the
   22  person:
   23         (a) Individually commits retail theft, or in concert with
   24  one or more other persons, coordinates the activities of one or
   25  more individuals in committing the offense, which may occur
   26  through multiple acts of retail theft, in which case the amount
   27  of each individual theft is aggregated within a 90-day period to
   28  determine the value of the property stolen;
   29         (b) Conspires with another person to commit retail theft
   30  with the intent to sell the stolen property for monetary or
   31  other gain, and subsequently takes or causes such property to be
   32  placed in the control of another person in exchange for
   33  consideration, in which the stolen property taken or placed
   34  within a 90-day period is aggregated to determine the value of
   35  the stolen property;
   36         (c)(b)Individually, or in concert with one or more other
   37  persons, commits theft from more than one location within a 90
   38  day 48-hour period, in which case the amount of each individual
   39  theft is aggregated to determine the value of the property
   40  stolen;
   41         (d)(c) Acts in concert with one or more other individuals
   42  within one or more establishments to distract the merchant,
   43  merchant’s employee, or law enforcement officer in order to
   44  carry out the offense, or acts in other ways to coordinate
   45  efforts to carry out the offense; or
   46         (e)(d) Commits the offense through the purchase of
   47  merchandise in a package or box that contains merchandise other
   48  than, or in addition to, the merchandise purported to be
   49  contained in the package or box.
   50         (9) A person commits a felony of the second degree,
   51  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   52  if the person:
   53         (a) Violates subsection (8) and has previously been
   54  convicted of a violation of subsection (8); or
   55         (b) Individually, or in concert with one or more other
   56  persons, coordinates the activities of one or more persons in
   57  committing the offense of retail theft, in which the amount of
   58  each individual theft within a 90-day period is aggregated to
   59  determine the value of the stolen property and such where the
   60  stolen property has a value is in excess of $3,000; or
   61         (c) Conspires with another person to commit retail theft
   62  with the intent to sell the stolen property for monetary or
   63  other gain, and subsequently takes or causes such property to be
   64  placed in control of another person in exchange for
   65  consideration, in which the stolen property taken or placed
   66  within a 90-day period is aggregated to have a value in excess
   67  of $3,000.
   68         (10)If a person commits retail theft in more than one
   69  judicial circuit within a 90-day period, the value of the stolen
   70  property resulting from the thefts in each judicial circuit may
   71  be aggregated and must be prosecuted by the Office of the
   72  Statewide Prosecutor in accordance with s. 16.56.
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 11 - 24
   77  and insert:
   78         theft offenses; amending s. 812.015, F.S.; revising
   79         the circumstances under which an offense of retail
   80         theft constitutes a felony of the second or third
   81         degree; authorizing retail thefts which occur in more
   82         than one judicial circuit within a 90-day period to be
   83         aggregated into one total value and must be prosecuted
   84         by the Office of the Statewide Prosecutor in
   85         accordance with s. 16.56, F.S.; amending s.