Florida Senate - 2018 CS for SB 776 By the Committee on Criminal Justice; and Senator Grimsley 591-02576-18 2018776c1 1 A bill to be entitled 2 An act relating to theft; amending s. 812.014, F.S.; 3 increasing the fine for the theft of a commercially 4 farmed animal or a bee colony of a registered 5 beekeeper; reenacting s. 932.701(2)(a), F.S., relating 6 to the definition of the term “contraband article,” to 7 incorporate the amendment made to s. 812.014, F.S., in 8 a reference thereto; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (c) of subsection (2) of section 13 812.014, Florida Statutes, is amended to read: 14 812.014 Theft.— 15 (2) 16 (c) It is grand theft of the third degree and a felony of 17 the third degree, punishable as provided in s. 775.082, s. 18 775.083, or s. 775.084, if the property stolen is: 19 1. Valued at $300 or more, but less than $5,000. 20 2. Valued at $5,000 or more, but less than $10,000. 21 3. Valued at $10,000 or more, but less than $20,000. 22 4. A will, codicil, or other testamentary instrument. 23 5. A firearm. 24 6. A motor vehicle, except as provided in paragraph (a). 25 7. Any commercially farmed animal, including any animal of 26 the equine, avian, bovine, or swine class or other grazing 27 animal; a bee colony of a registered beekeeper; and aquaculture 28 species raised at a certified aquaculture facility. If the 29 property stolen is a commercially farmed animal, including an 30 animal of the equine, avian, bovine, or swine class or other 31 grazing animal; a bee colony of a registered beekeeper; or an 32 aquaculture species raised at a certified aquaculture facility, 33
thena $10,000 fine shall be imposed. 34 8. Any fire extinguisher. 35 9. Any amount of citrus fruit consisting of 2,000 or more 36 individual pieces of fruit. 37 10. Taken from a designated construction site identified by 38 the posting of a sign as provided for in s. 810.09(2)(d). 39 11. Any stop sign. 40 12. Anhydrous ammonia. 41 13. Any amount of a controlled substance as defined in s. 42 893.02. Notwithstanding any other law, separate judgments and 43 sentences for theft of a controlled substance under this 44 subparagraph and for any applicable possession of controlled 45 substance offense under s. 893.13 or trafficking in controlled 46 substance offense under s. 893.135 may be imposed when all such 47 offenses involve the same amount or amounts of a controlled 48 substance. 49 50 However, if the property is stolen within a county that is 51 subject to a state of emergency declared by the Governor under 52 chapter 252, the property is stolen after the declaration of 53 emergency is made, and the perpetration of the theft is 54 facilitated by conditions arising from the emergency, the 55 offender commits a felony of the second degree, punishable as 56 provided in s. 775.082, s. 775.083, or s. 775.084, if the 57 property is valued at $5,000 or more, but less than $10,000, as 58 provided under subparagraph 2., or if the property is valued at 59 $10,000 or more, but less than $20,000, as provided under 60 subparagraph 3. As used in this paragraph, the term “conditions 61 arising from the emergency” means civil unrest, power outages, 62 curfews, voluntary or mandatory evacuations, or a reduction in 63 the presence of or the response time for first responders or 64 homeland security personnel. For purposes of sentencing under 65 chapter 921, a felony offense that is reclassified under this 66 paragraph is ranked one level above the ranking under s. 67 921.0022 or s. 921.0023 of the offense committed. 68 Section 2. For the purpose of incorporating the amendment 69 made by this act to section 812.014, Florida Statutes, in a 70 reference thereto, paragraph (a) of subsection (2) of section 71 932.701, Florida Statutes, is reenacted to read: 72 932.701 Short title; definitions.— 73 (2) As used in the Florida Contraband Forfeiture Act: 74 (a) “Contraband article” means: 75 1. Any controlled substance as defined in chapter 893 or 76 any substance, device, paraphernalia, or currency or other means 77 of exchange that was used, was attempted to be used, or was 78 intended to be used in violation of any provision of chapter 79 893, if the totality of the facts presented by the state is 80 clearly sufficient to meet the state’s burden of establishing 81 probable cause to believe that a nexus exists between the 82 article seized and the narcotics activity, whether or not the 83 use of the contraband article can be traced to a specific 84 narcotics transaction. 85 2. Any gambling paraphernalia, lottery tickets, money, 86 currency, or other means of exchange which was used, was 87 attempted, or intended to be used in violation of the gambling 88 laws of the state. 89 3. Any equipment, liquid or solid, which was being used, is 90 being used, was attempted to be used, or intended to be used in 91 violation of the beverage or tobacco laws of the state. 92 4. Any motor fuel upon which the motor fuel tax has not 93 been paid as required by law. 94 5. Any personal property, including, but not limited to, 95 any vessel, aircraft, item, object, tool, substance, device, 96 weapon, machine, vehicle of any kind, money, securities, books, 97 records, research, negotiable instruments, or currency, which 98 was used or was attempted to be used as an instrumentality in 99 the commission of, or in aiding or abetting in the commission 100 of, any felony, whether or not comprising an element of the 101 felony, or which is acquired by proceeds obtained as a result of 102 a violation of the Florida Contraband Forfeiture Act. 103 6. Any real property, including any right, title, 104 leasehold, or other interest in the whole of any lot or tract of 105 land, which was used, is being used, or was attempted to be used 106 as an instrumentality in the commission of, or in aiding or 107 abetting in the commission of, any felony, or which is acquired 108 by proceeds obtained as a result of a violation of the Florida 109 Contraband Forfeiture Act. 110 7. Any personal property, including, but not limited to, 111 equipment, money, securities, books, records, research, 112 negotiable instruments, currency, or any vessel, aircraft, item, 113 object, tool, substance, device, weapon, machine, or vehicle of 114 any kind in the possession of or belonging to any person who 115 takes aquaculture products in violation of s. 812.014(2)(c). 116 8. Any motor vehicle offered for sale in violation of s. 117 320.28. 118 9. Any motor vehicle used during the course of committing 119 an offense in violation of s. 322.34(9)(a). 120 10. Any photograph, film, or other recorded image, 121 including an image recorded on videotape, a compact disc, 122 digital tape, or fixed disk, that is recorded in violation of s. 123 810.145 and is possessed for the purpose of amusement, 124 entertainment, sexual arousal, gratification, or profit, or for 125 the purpose of degrading or abusing another person. 126 11. Any real property, including any right, title, 127 leasehold, or other interest in the whole of any lot or tract of 128 land, which is acquired by proceeds obtained as a result of 129 Medicaid fraud under s. 409.920 or s. 409.9201; any personal 130 property, including, but not limited to, equipment, money, 131 securities, books, records, research, negotiable instruments, or 132 currency; or any vessel, aircraft, item, object, tool, 133 substance, device, weapon, machine, or vehicle of any kind in 134 the possession of or belonging to any person which is acquired 135 by proceeds obtained as a result of Medicaid fraud under s. 136 409.920 or s. 409.9201. 137 12. Any personal property, including, but not limited to, 138 any vehicle, item, object, tool, device, weapon, machine, money, 139 security, book, or record, that is used or attempted to be used 140 as an instrumentality in the commission of, or in aiding and 141 abetting in the commission of, a person’s third or subsequent 142 violation of s. 509.144, whether or not comprising an element of 143 the offense. 144 Section 3. This act shall take effect October 1, 2018.