Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. PCS (485662) for CS for SB 1218
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LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Substitute for Amendment (711458) (with title
2 amendment)
3
4 Between lines 2200 and 2201
5 insert:
6 Section 34. Paragraphs (c), (d), and (e) of subsection (2)
7 and paragraphs (a), (b), and (c) of subsection (3) of section
8 812.014, Florida Statutes, are amended to read:
9 812.014 Theft.—
10 (2)
11 (c) It is grand theft of the third degree and a felony of
12 the third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084, if the property stolen is:
14 1. Valued at $1,000 $300 or more, but less than $5,000.
15 2. Valued at $5,000 or more, but less than $10,000.
16 3. Valued at $10,000 or more, but less than $20,000.
17 4. A will, codicil, or other testamentary instrument.
18 4.5. A firearm.
19 5.6. A motor vehicle, except as provided in paragraph (a).
20 6.7. Any commercially farmed animal, including any animal
21 of the equine, bovine, or swine class or other grazing animal,
22 or any animal of the avian class; a bee colony of a registered
23 beekeeper; and aquaculture species raised at a certified
24 aquaculture facility. If the property stolen is aquaculture
25 species raised at a certified aquaculture facility, then a
26 $10,000 fine shall be imposed.
27 8. Any fire extinguisher.
28 7.9. Any amount of citrus fruit consisting of 2,000 or more
29 individual pieces of fruit.
30 10. Taken from a designated construction site identified by
31 the posting of a sign as provided for in s. 810.09(2)(d).
32 11. Any stop sign.
33 8.12. Anhydrous ammonia.
34 9.13. Any amount of a controlled substance as defined in s.
35 893.02. Notwithstanding any other law, separate judgments and
36 sentences for theft of a controlled substance under this
37 subparagraph and for any applicable possession of controlled
38 substance offense under s. 893.13 or trafficking in controlled
39 substance offense under s. 893.135 may be imposed when all such
40 offenses involve the same amount or amounts of a controlled
41 substance.
42 10. A utility service under s. 812.14.
43
44 However, if the property is stolen within a county that is
45 subject to a state of emergency declared by the Governor under
46 chapter 252, the property is stolen after the declaration of
47 emergency is made, and the perpetration of the theft is
48 facilitated by conditions arising from the emergency, the
49 offender commits a felony of the second degree, punishable as
50 provided in s. 775.082, s. 775.083, or s. 775.084, if the
51 property is valued at $5,000 or more, but less than $10,000, as
52 provided under subparagraph 2., or if the property is valued at
53 $10,000 or more, but less than $20,000, as provided under
54 subparagraph 3. As used in this paragraph, the term “conditions
55 arising from the emergency” means civil unrest, power outages,
56 curfews, voluntary or mandatory evacuations, or a reduction in
57 the presence of or the response time for first responders or
58 homeland security personnel. For purposes of sentencing under
59 chapter 921, a felony offense that is reclassified under this
60 paragraph is ranked one level above the ranking under s.
61 921.0022 or s. 921.0023 of the offense committed.
62 (d) It is grand theft of the third degree and a felony of
63 the third degree, punishable as provided in s. 775.082, s.
64 775.083, or s. 775.084, if the property stolen is valued at
65 $1,000 $100 or more, but less than $5,000 $300, and is taken
66 from a dwelling as defined in s. 810.011(2) or from the
67 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
68 (e) Except as provided in paragraph (d), if the property
69 stolen is valued at $500 $100 or more, but less than $1,000
70 $300, the offender commits petit theft of the first degree,
71 punishable as a misdemeanor of the first degree, as provided in
72 s. 775.082 or s. 775.083.
73 (3)(a) Theft of any property not specified in subsection
74 (2) is petit theft of the second degree and a misdemeanor of the
75 second degree, punishable as provided in s. 775.082 or s.
76 775.083, and as provided in subsection (5), as applicable.
77 (b) A person who commits petit theft and who has previously
78 been convicted of any theft commits a misdemeanor of the first
79 degree, punishable as provided in s. 775.082 or s. 775.083.
80 (c) A person who commits petit theft in the first degree,
81 and who has previously been convicted two or more times as an
82 adult of any theft, and if the third or subsequent petit theft
83 offense occurred within 3 years of the expiration of his or her
84 sentence for the most recent theft conviction, commits a felony
85 of the third degree, punishable as provided in s. 775.082 or s.
86 775.083.
87 Section 35. Subsections (8) and (9) of section 812.015,
88 Florida Statutes, are amended to read:
89 812.015 Retail and farm theft; transit fare evasion;
90 mandatory fine; alternative punishment; detention and arrest;
91 exemption from liability for false arrest; resisting arrest;
92 penalties.—
93 (8) Except as provided in subsection (9), a person who
94 commits retail theft commits a felony of the third degree,
95 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
96 if the property stolen is valued at $1,000 $300 or more, and the
97 person:
98 (a) Individually, or in concert with one or more other
99 persons, coordinates the activities of one or more individuals
100 in committing the offense, in which case the amount of each
101 individual theft is aggregated to determine the value of the
102 property stolen;
103 (b) Commits theft from more than one location within a 48
104 hour period, in which case the amount of each individual theft
105 is aggregated to determine the value of the property stolen;
106 (c) Acts in concert with one or more other individuals
107 within one or more establishments to distract the merchant,
108 merchant’s employee, or law enforcement officer in order to
109 carry out the offense, or acts in other ways to coordinate
110 efforts to carry out the offense; or
111 (d) Commits the offense through the purchase of merchandise
112 in a package or box that contains merchandise other than, or in
113 addition to, the merchandise purported to be contained in the
114 package or box.
115 (9) A person commits a felony of the second degree,
116 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
117 if the person:
118 (a) Violates subsection (8) as an adult and has previously
119 been convicted of a violation of subsection (8) within 3 years
120 of the expiration of his or her sentence for the conviction; or
121 (b) Individually, or in concert with one or more other
122 persons, coordinates the activities of one or more persons in
123 committing the offense of retail theft where the stolen property
124 has a value in excess of $3,000.
125 Section 36. Paragraphs (b), (e), and (f) of subsection (3)
126 of section 921.0022, Florida Statutes, are amended to read:
127 921.0022 Criminal Punishment Code; offense severity ranking
128 chart.—
129 (3) OFFENSE SEVERITY RANKING CHART
130 (b) LEVEL 2
131
132
133 FloridaStatute FelonyDegree Description
134 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
135 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
136 403.413(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.
137 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
138 590.28(1) 3rd Intentional burning of lands.
139 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
140 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
141 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
142 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
143 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
144 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
145 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
146 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
147 817.234(1)(a)2. 3rd False statement in support of insurance claim.
148 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
149 817.52(3) 3rd Failure to redeliver hired vehicle.
150 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
151 817.60(5) 3rd Dealing in credit cards of another.
152 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
153 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
154 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
155 831.01 3rd Forgery.
156 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
157 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
158 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
159 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
160 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
161 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
162 843.08 3rd False personation.
163 893.13(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.
164 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
165
166 (e) LEVEL 5
167
168
169 FloridaStatute FelonyDegree Description
170 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
171 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
172 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
173 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
174 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
175 379.365(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.
176 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
177 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
178 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
179 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
180 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
181 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
182 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
183 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
184 790.01(2) 3rd Carrying a concealed firearm.
185 790.162 2nd Threat to throw or discharge destructive device.
186 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
187 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
188 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
189 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
190 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
191 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
192 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
193 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
194 812.015(8) 3rd Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
195 812.019(1) 2nd Stolen property; dealing in or trafficking in.
196 812.131(2)(b) 3rd Robbery by sudden snatching.
197 812.16(2) 3rd Owning, operating, or conducting a chop shop.
198 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
199 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
200 817.2341(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.
201 817.568(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.
202 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
203 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
204 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
205 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
206 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
207 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
208 843.01 3rd Resist officer with violence to person; resist arrest with violence.
209 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
210 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
211 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
212 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
213 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
214 893.13(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).
215 893.13(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.
216 893.13(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.
217 893.13(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.
218 893.13(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.
219 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
220 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
221
222 (f) LEVEL 6
223
224
225 FloridaStatute FelonyDegree Description
226 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
227 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
228 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
229 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
230 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
231 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
232 775.0875(1) 3rd Taking firearm from law enforcement officer.
233 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
234 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
235 784.041 3rd Felony battery; domestic battery by strangulation.
236 784.048(3) 3rd Aggravated stalking; credible threat.
237 784.048(5) 3rd Aggravated stalking of person under 16.
238 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
239 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
240 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
241 784.081(2) 2nd Aggravated assault on specified official or employee.
242 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
243 784.083(2) 2nd Aggravated assault on code inspector.
244 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
245 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
246 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
247 790.164(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.
248 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
249 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
250 794.05(1) 2nd Unlawful sexual activity with specified minor.
251 800.04(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.
252 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
253 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
254 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
255 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
256 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
257 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
258 812.015(9)(a) 2nd Retail theft; property stolen $1,000 $300 or more; second or subsequent adult conviction in specified period.
259 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
260 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
261 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
262 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
263 825.102(1) 3rd Abuse of an elderly person or disabled adult.
264 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
265 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
266 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
267 827.03(2)(c) 3rd Abuse of a child.
268 827.03(2)(d) 3rd Neglect of a child.
269 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
270 836.05 2nd Threats; extortion.
271 836.10 2nd Written threats to kill or do bodily injury.
272 843.12 3rd Aids or assists person to escape.
273 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
274 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
275 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
276 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
277 944.35(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.
278 944.40 2nd Escapes.
279 944.46 3rd Harboring, concealing, aiding escaped prisoners.
280 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
281 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
282
283
284
285 ================= T I T L E A M E N D M E N T ================
286 And the title is amended as follows:
287 Delete line 283
288 and insert:
289 programs; detailing program criteria; amending s.
290 812.014, F.S.; increasing threshold amounts for
291 certain theft offenses; revising the list of items the
292 theft of which constitutes a felony of the third
293 degree; amending s. 812.015, F.S.; increasing
294 threshold amounts for certain theft offenses; revising
295 circumstances under which an offense of retail theft
296 by a person with a prior conviction of retail theft
297 constitutes a felony of the second degree; amending s.
298 921.0022, F.S.; conforming provisions of the offense
299 severity ranking chart of the Criminal Punishment Code
300 to changes made by the act; reenacting s.