Florida Senate - 2022 SB 1534
By Senator Boyd
21-01295C-22 20221534__
1 A bill to be entitled
2 An act relating to retail theft; amending s. 812.015,
3 F.S.; prohibiting certain retail theft at multiple
4 locations within a specified timeframe; providing
5 exceptions; providing criminal penalties; amending s.
6 921.0022, F.S.; ranking offenses for purposes of the
7 offense severity ranking chart of the Criminal
8 Punishment Code; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (8) and (9) of section 812.015,
13 Florida Statutes, are amended 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 $750 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 the amount of
27 each individual theft is aggregated within a 30-day period to
28 determine the value of the property stolen and such value is
29 $750 or more;
30 (b) Conspires with another person to commit retail theft
31 with the intent to sell the stolen property for monetary or
32 other gain, and subsequently takes or causes such property to be
33 placed in the control of another person in exchange for
34 consideration, in which the stolen property taken or placed
35 within a 30-day period is aggregated to determine the value of
36 the stolen property and such value is $750 or more;
37 (c) Individually, or in concert with one or more other
38 persons, commits theft from more than one location within a 30
39 day period, in which the amount of each individual theft is
40 aggregated to determine the value of the property stolen and
41 such value is $750 or more;
42 (d) Acts in concert with one or more other individuals
43 within one or more establishments to distract the merchant,
44 merchant’s employee, or law enforcement officer in order to
45 carry out the offense, or acts in other ways to coordinate
46 efforts to carry out the offense and such value is $750 or more;
47 or
48 (e) Commits the offense through the purchase of merchandise
49 in a package or box that contains merchandise other than, or in
50 addition to, the merchandise purported to be contained in the
51 package or box and such value is $750 or more; or
52 (f) Individually, or in concert with one or more other
53 persons, commits five or more retail thefts within a 30-day
54 period and in committing such thefts obtains or uses 10 or more
55 items of merchandise, and the number of items stolen during each
56 theft is aggregated within the 30-day period to determine the
57 total number of items stolen, regardless of the value of such
58 merchandise, and two or more of the thefts occur at different
59 physical merchant locations. A person’s theft of one or more
60 food items with the intent to consume such items for the
61 sustenance of himself or herself or another person under his or
62 her care is not a theft violation for purposes of this
63 paragraph.
64 (9) A person commits a felony of the second degree,
65 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
66 if the person:
67 (a) Violates subsection (8) and has previously been
68 convicted of a violation of subsection (8) or of this
69 subsection;
70 (b) Individually, or in concert with one or more other
71 persons, coordinates the activities of one or more persons in
72 committing the offense of retail theft, in which the amount of
73 each individual theft within a 30-day period is aggregated to
74 determine the value of the stolen property and such value is in
75 excess of $3,000; or
76 (c) Conspires with another person to commit retail theft
77 with the intent to sell the stolen property for monetary or
78 other gain, and subsequently takes or causes such property to be
79 placed in control of another person in exchange for
80 consideration, in which the stolen property taken or placed
81 within a 30-day period is aggregated to have a value in excess
82 of $3,000; or
83 (d) Individually, or in concert with one or more other
84 persons, commits five or more retail thefts within a 30-day
85 period and in committing such thefts obtains or uses 20 or more
86 items of merchandise, and the number of items stolen during each
87 theft is aggregated within the 30-day period to determine the
88 total number of items stolen, regardless of the value of such
89 merchandise, and two or more of the thefts occur at a different
90 physical retail merchant location. A person’s theft of one or
91 more food items with the intent to consume such items for the
92 sustenance of himself or herself or another person under his or
93 her care is not a theft violation for purposes of this
94 paragraph.
95 Section 2. Paragraphs (e) and (f) of subsection (3) of
96 section 921.0022, Florida Statutes, are amended to read:
97 921.0022 Criminal Punishment Code; offense severity ranking
98 chart.—
99 (3) OFFENSE SEVERITY RANKING CHART
100 (e) LEVEL 5
101
102 FloridaStatute FelonyDegree Description
103 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
104 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
105 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
106 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
107 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
108 379.365(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.
109 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
110 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
111 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
112 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
113 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
114 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
115 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
116 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
117 790.01(2) 3rd Carrying a concealed firearm.
118 790.162 2nd Threat to throw or discharge destructive device.
119 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
120 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
121 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
122 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
123 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
124 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
125 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
126 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
127 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
128 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
129 812.019(1) 2nd Stolen property; dealing in or trafficking in.
130 812.081(3) 2nd Trafficking in trade secrets.
131 812.131(2)(b) 3rd Robbery by sudden snatching.
132 812.16(2) 3rd Owning, operating, or conducting a chop shop.
133 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
134 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
135 817.2341(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.
136 817.568(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.
137 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
138 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
139 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
140 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
141 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
142 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
143 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
144 843.01 3rd Resist officer with violence to person; resist arrest with violence.
145 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
146 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
147 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
148 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
149 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
150 893.13(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)5. drugs).
151 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
152 893.13(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)5. drugs) within 1,000 feet of university.
153 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
154 893.13(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)5. drugs) within 1,000 feet of public housing facility.
155 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
156 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
157 (f) LEVEL 6
158
159 FloridaStatute FelonyDegree Description
160 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
161 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
162 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
163 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
164 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
165 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
166 775.0875(1) 3rd Taking firearm from law enforcement officer.
167 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
168 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
169 784.041 3rd Felony battery; domestic battery by strangulation.
170 784.048(3) 3rd Aggravated stalking; credible threat.
171 784.048(5) 3rd Aggravated stalking of person under 16.
172 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
173 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
174 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
175 784.081(2) 2nd Aggravated assault on specified official or employee.
176 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
177 784.083(2) 2nd Aggravated assault on code inspector.
178 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
179 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
180 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
181 790.164(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.
182 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
183 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
184 794.05(1) 2nd Unlawful sexual activity with specified minor.
185 800.04(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.
186 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
187 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
188 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
189 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
190 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
191 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
192 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
193 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
194 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
195 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
196 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
197 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
198 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
199 825.102(1) 3rd Abuse of an elderly person or disabled adult.
200 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
201 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
202 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
203 827.03(2)(c) 3rd Abuse of a child.
204 827.03(2)(d) 3rd Neglect of a child.
205 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
206 836.05 2nd Threats; extortion.
207 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
208 843.12 3rd Aids or assists person to escape.
209 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
210 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
211 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
212 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
213 944.35(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.
214 944.40 2nd Escapes.
215 944.46 3rd Harboring, concealing, aiding escaped prisoners.
216 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
217 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
218 Section 3. This act shall take effect October 1, 2022.