Florida Senate - 2018                                     SB 928
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00432A-18                                           2018928__
    1                        A bill to be entitled                      
    2         An act relating to theft; amending s. 812.014, F.S.;
    3         revising threshold amounts and types of property which
    4         qualify for theft offenses; amending s. 812.015, F.S.;
    5         revising threshold amounts for retail theft; amending
    6         s. 921.0022, F.S.; conforming provisions to changes
    7         made by the act; conforming a cross-reference;
    8         amending s. 985.557, F.S.; conforming cross
    9         references; reenacting ss. 95.18(10), 373.6055(3)(c),
   10         400.9935(3), 409.910(17)(g), 489.126(4), 538.09(5),
   11         538.23(2), 550.6305(10), 634.319(2), 634.421(2),
   12         636.238(3), 642.038(2), 705.102(4), 718.111(1)(d),
   13         812.015(2), 812.0155(1) and (2), 812.14(4),(7), and
   14         (8), 893.138(3), 943.051(3)(b), and 985.11(1)(b),
   15         F.S., relating to adverse possession without color of
   16         title, criminal history checks for certain water
   17         management district employees and others, clinic
   18         responsibilities, responsibility for payments on
   19         behalf of Medicaid-eligible persons when other parties
   20         are liable, moneys received by contractors, secondhand
   21         dealer registration, secondary metals recycler
   22         violations and penalties, intertrack wagering,
   23         diversion or appropriation of funds by warranty
   24         association sales representatives, collection of fees
   25         for purported membership in discount plan
   26         organizations, diversion or appropriation of funds by
   27         legal expense insurance sales representatives,
   28         reporting lost or abandoned property, condominium
   29         associations, retail and farm theft, suspension of
   30         driver license following an adjudication of guilt for
   31         theft, trespass and larceny with relation to utility
   32         fixtures and theft of utility services, local
   33         administrative action to abate drug-related,
   34         prostitution-related, or stolen-property-related
   35         public nuisances and criminal gang activity,
   36         fingerprinting of certain minors, and fingerprinting
   37         and photographing of certain children, respectively,
   38         to incorporate the amendments made by the act in
   39         cross-references to amended provisions; providing an
   40         effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Paragraphs (c), (d), and (e) of subsection (2)
   45  and paragraphs (a), (b), and (c) of subsection (3) of section
   46  812.014, Florida Statutes, are amended to read:
   47         812.014 Theft.—
   48         (2)
   49         (c) It is grand theft of the third degree and a felony of
   50  the third degree, punishable as provided in s. 775.082, s.
   51  775.083, or s. 775.084, if the property stolen is:
   52         1. Valued at $1,500 $300 or more, but less than $5,000.
   53         2. Valued at $5,000 or more, but less than $10,000.
   54         3. Valued at $10,000 or more, but less than $20,000.
   55         4. A will, codicil, or other testamentary instrument.
   56         4.5. A firearm.
   57         5.6. A motor vehicle, except as provided in paragraph (a).
   58         6.7. Any commercially farmed animal, including any animal
   59  of the equine, bovine, or swine class or other grazing animal; a
   60  bee colony of a registered beekeeper; and aquaculture species
   61  raised at a certified aquaculture facility. If the property
   62  stolen is aquaculture species raised at a certified aquaculture
   63  facility, then a $10,000 fine shall be imposed.
   64         8. Any fire extinguisher.
   65         7.9. Any amount of citrus fruit consisting of 2,000 or more
   66  individual pieces of fruit.
   67         10. Taken from a designated construction site identified by
   68  the posting of a sign as provided for in s. 810.09(2)(d).
   69         11. Any stop sign.
   70         12. Anhydrous ammonia.
   71         8.13. Any amount of a controlled substance as defined in s.
   72  893.02. Notwithstanding any other law, separate judgments and
   73  sentences for theft of a controlled substance under this
   74  subparagraph and for any applicable possession of controlled
   75  substance offense under s. 893.13 or trafficking in controlled
   76  substance offense under s. 893.135 may be imposed when all such
   77  offenses involve the same amount or amounts of a controlled
   78  substance.
   79  
   80  However, if the property is stolen within a county that is
   81  subject to a state of emergency declared by the Governor under
   82  chapter 252, the property is stolen after the declaration of
   83  emergency is made, and the perpetration of the theft is
   84  facilitated by conditions arising from the emergency, the
   85  offender commits a felony of the second degree, punishable as
   86  provided in s. 775.082, s. 775.083, or s. 775.084, if the
   87  property is valued at $5,000 or more, but less than $10,000, as
   88  provided under subparagraph 2., or if the property is valued at
   89  $10,000 or more, but less than $20,000, as provided under
   90  subparagraph 3. As used in this paragraph, the term “conditions
   91  arising from the emergency” means civil unrest, power outages,
   92  curfews, voluntary or mandatory evacuations, or a reduction in
   93  the presence of or the response time for first responders or
   94  homeland security personnel. For purposes of sentencing under
   95  chapter 921, a felony offense that is reclassified under this
   96  paragraph is ranked one level above the ranking under s.
   97  921.0022 or s. 921.0023 of the offense committed.
   98         (d) It is grand theft of the third degree and a felony of
   99  the third degree, punishable as provided in s. 775.082, s.
  100  775.083, or s. 775.084, if the property stolen is valued at
  101  $1,500 $100 or more, but less than $5,000 $300, and is taken
  102  from a dwelling as defined in s. 810.011(2) or from the
  103  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
  104         (e) Except as provided in paragraph (d), if the property
  105  stolen is valued at $500 $100 or more, but less than $1,500
  106  $300, the offender commits petit theft of the first degree,
  107  punishable as a misdemeanor of the first degree, as provided in
  108  s. 775.082 or s. 775.083.
  109         (3)(a) Theft of any property not specified in subsection
  110  (2) is petit theft of the second degree and a misdemeanor of the
  111  second degree, punishable as provided in s. 775.082 or s.
  112  775.083, and as provided in subsection (5), as applicable.
  113         (b) A person who commits petit theft and who has previously
  114  been convicted of any theft commits a misdemeanor of the first
  115  degree, punishable as provided in s. 775.082 or s. 775.083.
  116         (c) A person who commits petit theft of the first degree
  117  and who has previously been convicted two or more times of any
  118  theft as an adult commits a felony of the third degree,
  119  punishable as provided in s. 775.082 or s. 775.083, if the third
  120  or subsequent petit theft offense occurs within 3 years after
  121  the expiration of his or her sentence for the most recent theft
  122  conviction.
  123         Section 2. Subsections (8) and (9) of section 812.015,
  124  Florida Statutes, are amended to read:
  125         812.015 Retail and farm theft; transit fare evasion;
  126  mandatory fine; alternative punishment; detention and arrest;
  127  exemption from liability for false arrest; resisting arrest;
  128  penalties.—
  129         (8) Except as provided in subsection (9), a person who
  130  commits retail theft commits a felony of the third degree,
  131  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  132  if the property stolen is valued at $1,500 $300 or more, and the
  133  person:
  134         (a) Individually, or in concert with one or more other
  135  persons, coordinates the activities of one or more individuals
  136  in committing the offense, in which case the amount of each
  137  individual theft is aggregated to determine the value of the
  138  property stolen;
  139         (b) Commits theft from more than one location within a 48
  140  hour period, in which case the amount of each individual theft
  141  is aggregated to determine the value of the property stolen;
  142         (c) Acts in concert with one or more other individuals
  143  within one or more establishments to distract the merchant,
  144  merchant’s employee, or law enforcement officer in order to
  145  carry out the offense, or acts in other ways to coordinate
  146  efforts to carry out the offense; or
  147         (d) Commits the offense through the purchase of merchandise
  148  in a package or box that contains merchandise other than, or in
  149  addition to, the merchandise purported to be contained in the
  150  package or box.
  151         (9) A person commits a felony of the second degree,
  152  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  153  if the person:
  154         (a) Violates subsection (8) and has previously been
  155  convicted as an adult of a violation of subsection (8) within 3
  156  years after the expiration of the sentence; or
  157         (b) Individually, or in concert with one or more other
  158  persons, coordinates the activities of one or more persons in
  159  committing the offense of retail theft where the stolen property
  160  has a value in excess of $3,000.
  161         Section 3. Paragraphs (a), (b), (d), (e), and (f) of
  162  subsection (3) of section 921.0022, Florida Statutes, are
  163  amended to read:
  164         921.0022 Criminal Punishment Code; offense severity ranking
  165  chart.—
  166         (3) OFFENSE SEVERITY RANKING CHART
  167         (a) LEVEL 1
  168  
  169  FloridaStatute          FelonyDegree          Description          
  170  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  171  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  172  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  173  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  174  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  175  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  176  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  177  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  178  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  179  322.212(5)(a)               3rd     False application for driver license or identification card.
  180  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  181  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  182  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
  183  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  184  562.27(1)                   3rd     Possess still or still apparatus.
  185  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
  186  812.014(3)(c)               3rd     Petit theft as adult (3rd or subsequent conviction) within certain time; theft of any property not specified in subsection (2).
  187  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  188  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  189  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  190  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  191  826.01                      3rd     Bigamy.                        
  192  828.122(3)                  3rd     Fighting or baiting animals.   
  193  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  194  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  195  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  196  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  197  838.15(2)                   3rd     Commercial bribe receiving.    
  198  838.16                      3rd     Commercial bribery.            
  199  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  200  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  201  849.01                      3rd     Keeping gambling house.        
  202  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  203  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  204  849.25(2)                   3rd     Engaging in bookmaking.        
  205  860.08                      3rd     Interfere with a railroad signal.
  206  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  207  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  208  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  209  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  210  
  211         (b) LEVEL 2
  212  
  213  FloridaStatute             FelonyDegree        Description        
  214  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  215  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  216  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.
  217  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  218  590.28(1)                      3rd     Intentional burning of lands.
  219  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  220  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  221  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  222  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  223  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  224  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
  225  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
  226  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  227  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  228  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  229  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  230  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  231  817.60(5)                      3rd     Dealing in credit cards of another.
  232  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  233  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  234  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  235  831.01                         3rd     Forgery.                   
  236  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  237  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  238  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  239  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  240  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  241  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  242  843.08                         3rd     False personation.         
  243  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.
  244  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  245         (d) LEVEL 4
  246  
  247  FloridaStatute              FelonyDegree        Description        
  248  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  249  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  250  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  251  517.07(1)                        3rd     Failure to register securities.
  252  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  253  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  254  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  255  784.075                          3rd     Battery on detention or commitment facility staff.
  256  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  257  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  258  784.081(3)                       3rd     Battery on specified official or employee.
  259  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  260  784.083(3)                       3rd     Battery on code inspector.
  261  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  262  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  263  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  264  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  265  787.07                           3rd     Human smuggling.          
  266  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  267  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  268  790.115(2)(c)                    3rd     Possessing firearm on school property.
  269  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  270  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  271  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  272  810.06                           3rd     Burglary; possession of tools.
  273  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  274  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  275  812.014(2)(c)4.-7.812.014(2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, bee colony, aquaculture species, citrus fruit etc.
  276  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  277  817.505(4)(a)                    3rd     Patient brokering.        
  278  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  279  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  280  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  281  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  282  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  283  837.02(1)                        3rd     Perjury in official proceedings.
  284  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  285  838.022                          3rd     Official misconduct.      
  286  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  287  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  288  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  289  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  290  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  291  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  292  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  293  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  294  914.14(2)                        3rd     Witnesses accepting bribes.
  295  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  296  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  297  918.12                           3rd     Tampering with jurors.    
  298  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  299         (e) LEVEL 5
  300  
  301  FloridaStatute             FelonyDegree        Description        
  302  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  303  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  304  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  305  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  306  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  307  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.
  308  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  309  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  310  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  311  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  312  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  313  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  314  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  315  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  316  790.01(2)                      3rd     Carrying a concealed firearm.
  317  790.162                        2nd     Threat to throw or discharge destructive device.
  318  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  319  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  320  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  321  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  322  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  323  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  324  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  325  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  326  812.015(8)                     3rd     Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
  327  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  328  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  329  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  330  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  331  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  332  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.
  333  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.
  334  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  335  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  336  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  337  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  338  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  339  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.
  340  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  341  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  342  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  343  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  344  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  345  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  346  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).
  347  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.
  348  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.
  349  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.
  350  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.
  351  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  352  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  353         (f) LEVEL 6
  354  
  355  FloridaStatute              FelonyDegree        Description        
  356  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  357  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  358  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  359  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  360  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  361  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  362  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  363  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  364  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  365  784.041                          3rd     Felony battery; domestic battery by strangulation.
  366  784.048(3)                       3rd     Aggravated stalking; credible threat.
  367  784.048(5)                       3rd     Aggravated stalking of person under 16.
  368  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  369  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  370  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  371  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  372  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  373  784.083(2)                       2nd     Aggravated assault on code inspector.
  374  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  375  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  376  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  377  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.
  378  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  379  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  380  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  381  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.
  382  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  383  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  384  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  385  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  386  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  387  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  388  812.015(9)(a)                    2nd     Retail theft as adult; property stolen $1,500 $300 or more; second or subsequent conviction within certain time.
  389  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  390  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  391  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  392  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  393  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  394  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  395  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  396  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  397  827.03(2)(c)                     3rd     Abuse of a child.         
  398  827.03(2)(d)                     3rd     Neglect of a child.       
  399  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  400  836.05                           2nd     Threats; extortion.       
  401  836.10                           2nd     Written threats to kill or do bodily injury.
  402  843.12                           3rd     Aids or assists person to escape.
  403  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  404  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  405  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  406  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  407  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.
  408  944.40                           2nd     Escapes.                  
  409  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  410  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  411  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  412         Section 4. Paragraph (a) of subsection (1) and paragraph
  413  (c) of subsection (2) of section 985.557, Florida Statutes, are
  414  amended to read:
  415         985.557 Direct filing of an information; discretionary and
  416  mandatory criteria.—
  417         (1) DISCRETIONARY DIRECT FILE.—
  418         (a) With respect to any child who was 14 or 15 years of age
  419  at the time the alleged offense was committed, the state
  420  attorney may file an information when in the state attorney’s
  421  judgment and discretion the public interest requires that adult
  422  sanctions be considered or imposed and when the offense charged
  423  is for the commission of, attempt to commit, or conspiracy to
  424  commit:
  425         1. Arson;
  426         2. Sexual battery;
  427         3. Robbery;
  428         4. Kidnapping;
  429         5. Aggravated child abuse;
  430         6. Aggravated assault;
  431         7. Aggravated stalking;
  432         8. Murder;
  433         9. Manslaughter;
  434         10. Unlawful throwing, placing, or discharging of a
  435  destructive device or bomb;
  436         11. Armed burglary in violation of s. 810.02(2)(b) or
  437  specified burglary of a dwelling or structure in violation of s.
  438  810.02(2)(c), or burglary with an assault or battery in
  439  violation of s. 810.02(2)(a);
  440         12. Aggravated battery;
  441         13. Any lewd or lascivious offense committed upon or in the
  442  presence of a person less than 16 years of age;
  443         14. Carrying, displaying, using, threatening, or attempting
  444  to use a weapon or firearm during the commission of a felony;
  445         15. Grand theft in violation of s. 812.014(2)(a);
  446         16. Possessing or discharging any weapon or firearm on
  447  school property in violation of s. 790.115;
  448         17. Home invasion robbery;
  449         18. Carjacking; or
  450         19. Grand theft of a motor vehicle in violation of s.
  451  812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
  452  vehicle valued at $20,000 or more in violation of s.
  453  812.014(2)(b) if the child has a previous adjudication for grand
  454  theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
  455  812.014(2)(c)6. or s. 812.014(2)(b).
  456         (2) MANDATORY DIRECT FILE.—
  457         (c) The state attorney must file an information if a child,
  458  regardless of the child’s age at the time the alleged offense
  459  was committed, is alleged to have committed an act that would be
  460  a violation of law if the child were an adult, that involves
  461  stealing a motor vehicle, including, but not limited to, a
  462  violation of s. 812.133, relating to carjacking, or s.
  463  812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
  464  motor vehicle, and while the child was in possession of the
  465  stolen motor vehicle the child caused serious bodily injury to
  466  or the death of a person who was not involved in the underlying
  467  offense. For purposes of this section, the driver and all
  468  willing passengers in the stolen motor vehicle at the time such
  469  serious bodily injury or death is inflicted shall also be
  470  subject to mandatory transfer to adult court. “Stolen motor
  471  vehicle,” for the purposes of this section, means a motor
  472  vehicle that has been the subject of any criminal wrongful
  473  taking. For purposes of this section, “willing passengers” means
  474  all willing passengers who have participated in the underlying
  475  offense.
  476         Section 5. For the purpose of incorporating the amendment
  477  made by this act to section 812.014, Florida Statutes, in a
  478  reference thereto, subsection (10) of section 95.18, Florida
  479  Statutes, is reenacted to read:
  480         95.18 Real property actions; adverse possession without
  481  color of title.—
  482         (10) A person who occupies or attempts to occupy a
  483  residential structure solely by claim of adverse possession
  484  under this section and offers the property for lease to another
  485  commits theft under s. 812.014.
  486         Section 6. For the purpose of incorporating the amendment
  487  made by this act to section 812.014, Florida Statutes, in a
  488  reference thereto, paragraph (c) of subsection (3) of section
  489  373.6055, Florida Statutes, is reenacted to read:
  490         373.6055 Criminal history checks for certain water
  491  management district employees and others.—
  492         (3)
  493         (c) In addition to other requirements for employment or
  494  access established by any water management district pursuant to
  495  its water management district’s security plan for buildings,
  496  facilities, and structures, each water management district’s
  497  security plan shall provide that:
  498         1. Any person who has within the past 7 years been
  499  convicted, regardless of whether adjudication was withheld, for
  500  a forcible felony as defined in s. 776.08; an act of terrorism
  501  as defined in s. 775.30; planting of a hoax bomb as provided in
  502  s. 790.165; any violation involving the manufacture, possession,
  503  sale, delivery, display, use, or attempted or threatened use of
  504  a weapon of mass destruction or hoax weapon of mass destruction
  505  as provided in s. 790.166; dealing in stolen property; any
  506  violation of s. 893.135; any violation involving the sale,
  507  manufacturing, delivery, or possession with intent to sell,
  508  manufacture, or deliver a controlled substance; burglary;
  509  robbery; any felony violation of s. 812.014; any violation of s.
  510  790.07; any crime an element of which includes use or possession
  511  of a firearm; any conviction for any similar offenses under the
  512  laws of another jurisdiction; or conviction for conspiracy to
  513  commit any of the listed offenses may not be qualified for
  514  initial employment within or authorized regular access to
  515  buildings, facilities, or structures defined in the water
  516  management district’s security plan as restricted access areas.
  517         2. Any person who has at any time been convicted of any of
  518  the offenses listed in subparagraph 1. may not be qualified for
  519  initial employment within or authorized regular access to
  520  buildings, facilities, or structures defined in the water
  521  management district’s security plan as restricted access areas
  522  unless, after release from incarceration and any supervision
  523  imposed as a sentence, the person remained free from a
  524  subsequent conviction, regardless of whether adjudication was
  525  withheld, for any of the listed offenses for a period of at
  526  least 7 years prior to the employment or access date under
  527  consideration.
  528         Section 7. For the purpose of incorporating the amendment
  529  made by this act to section 812.014, Florida Statutes, in a
  530  reference thereto, subsection (3) of section 400.9935, Florida
  531  Statutes, is reenacted to read:
  532         400.9935 Clinic responsibilities.—
  533         (3) A charge or reimbursement claim made by or on behalf of
  534  a clinic that is required to be licensed under this part but
  535  that is not so licensed, or that is otherwise operating in
  536  violation of this part, regardless of whether a service is
  537  rendered or whether the charge or reimbursement claim is paid,
  538  is an unlawful charge and is noncompensable and unenforceable. A
  539  person who knowingly makes or causes to be made an unlawful
  540  charge commits theft within the meaning of and punishable as
  541  provided in s. 812.014.
  542         Section 8. For the purpose of incorporating the amendment
  543  made by this act to section 812.014, Florida Statutes, in a
  544  reference thereto, paragraph (g) of subsection (17) of section
  545  409.910, Florida Statutes, is reenacted to read:
  546         409.910 Responsibility for payments on behalf of Medicaid
  547  eligible persons when other parties are liable.—
  548         (17)
  549         (g) The agency may investigate and request appropriate
  550  officers or agencies of the state to investigate suspected
  551  criminal violations or fraudulent activity related to third
  552  party benefits, including, without limitation, ss. 414.39 and
  553  812.014. Such requests may be directed, without limitation, to
  554  the Medicaid Fraud Control Unit of the Office of the Attorney
  555  General or to any state attorney. Pursuant to s. 409.913, the
  556  Attorney General has primary responsibility to investigate and
  557  control Medicaid fraud.
  558         Section 9. For the purpose of incorporating the amendment
  559  made by this act to section 812.014, Florida Statutes, in a
  560  reference thereto, subsection (4) of section 489.126, Florida
  561  Statutes, is reenacted to read:
  562         489.126 Moneys received by contractors.—
  563         (4) Any person who violates any provision of this section
  564  is guilty of theft and shall be prosecuted and punished under s.
  565  812.014.
  566         Section 10. For the purpose of incorporating the amendment
  567  made by this act to section 812.015, Florida Statutes, in a
  568  reference thereto, subsection (5) of section 538.09, Florida
  569  Statutes, is reenacted to read:
  570         538.09 Registration.—
  571         (5) In addition to the fine provided in subsection (4),
  572  registration under this section may be denied or any
  573  registration granted may be revoked, restricted, or suspended by
  574  the department if the department determines that the applicant
  575  or registrant:
  576         (a) Has violated any provision of this chapter or any rule
  577  or order made pursuant to this chapter;
  578         (b) Has made a material false statement in the application
  579  for registration;
  580         (c) Has been guilty of a fraudulent act in connection with
  581  any purchase or sale or has been or is engaged in or is about to
  582  engage in any practice, purchase, or sale which is fraudulent or
  583  in violation of the law;
  584         (d) Has made a misrepresentation or false statement to, or
  585  concealed any essential or material fact from, any person in
  586  making any purchase or sale;
  587         (e) Is making purchases or sales through any business
  588  associate not registered in compliance with the provisions of
  589  this chapter;
  590         (f) Has, within the preceding 10-year period for new
  591  registrants who apply for registration on or after October 1,
  592  2006, been convicted of, or has entered a plea of guilty or nolo
  593  contendere to, or had adjudication withheld for, a crime against
  594  the laws of this state or any other state or of the United
  595  States which relates to registration as a secondhand dealer or
  596  which involves theft, larceny, dealing in stolen property,
  597  receiving stolen property, burglary, embezzlement, obtaining
  598  property by false pretenses, possession of altered property, any
  599  felony drug offense, any violation of s. 812.015, or any
  600  fraudulent dealing;
  601         (g) Has had a final judgment entered against her or him in
  602  a civil action upon grounds of fraud, embezzlement,
  603  misrepresentation, or deceit; or
  604         (h) Has failed to pay any sales tax owed to the Department
  605  of Revenue.
  606  
  607  In the event the department determines to deny an application or
  608  revoke a registration, it shall enter a final order with its
  609  findings on the register of secondhand dealers and their
  610  business associates, if any; and denial, suspension, or
  611  revocation of the registration of a secondhand dealer shall also
  612  deny, suspend, or revoke the registration of such secondhand
  613  dealer’s business associates.
  614         Section 11. For the purpose of incorporating the amendment
  615  made by this act to section 812.014, Florida Statutes, in a
  616  reference thereto, subsection (2) of section 538.23, Florida
  617  Statutes, is reenacted to read:
  618         538.23 Violations and penalties.—
  619         (2) A secondary metals recycler is presumed to know upon
  620  receipt of stolen regulated metals property in a purchase
  621  transaction that the regulated metals property has been stolen
  622  from another if the secondary metals recycler knowingly and
  623  intentionally fails to maintain the information required in s.
  624  538.19 and shall, upon conviction of a violation of s. 812.015,
  625  be punished as provided in s. 812.014(2) or (3).
  626         Section 12. For the purpose of incorporating the amendment
  627  made by this act to section 812.014, Florida Statutes, in a
  628  reference thereto, subsection (10) of section 550.6305, Florida
  629  Statutes, is reenacted to read:
  630         550.6305 Intertrack wagering; guest track payments;
  631  accounting rules.—
  632         (10) All races or games conducted at a permitholder’s
  633  facility, all broadcasts of such races or games, and all
  634  broadcast rights relating thereto are owned by the permitholder
  635  at whose facility such races or games are conducted and
  636  constitute the permitholder’s property as defined in s.
  637  812.012(4). Transmission, reception of a transmission,
  638  exhibition, use, or other appropriation of such races or games,
  639  broadcasts of such races or games, or broadcast rights relating
  640  thereto without the written consent of the permitholder
  641  constitutes a theft of such property under s. 812.014; and in
  642  addition to the penal sanctions contained in s. 812.014, the
  643  permitholder has the right to avail itself of the civil remedies
  644  specified in ss. 772.104, 772.11, and 812.035 in addition to any
  645  other remedies available under applicable state or federal law.
  646         Section 13. For the purpose of incorporating the amendment
  647  made by this act to section 812.014, Florida Statutes, in a
  648  reference thereto, subsection (2) of section 634.319, Florida
  649  Statutes, is reenacted to read:
  650         634.319 Reporting and accounting for funds.—
  651         (2) Any sales representative who, not being entitled
  652  thereto, diverts or appropriates such funds or any portion
  653  thereof to her or his own use is, upon conviction, guilty of
  654  theft, punishable as provided in s. 812.014.
  655         Section 14. For the purpose of incorporating the amendment
  656  made by this act to section 812.014, Florida Statutes, in a
  657  reference thereto, subsection (2) of section 634.421, Florida
  658  Statutes, is reenacted to read:
  659         634.421 Reporting and accounting for funds.—
  660         (2) Any sales representative who, not being entitled
  661  thereto, diverts or appropriates funds or any portion thereof to
  662  her or his own use commits theft as provided in s. 812.014.
  663         Section 15. For the purpose of incorporating the amendment
  664  made by this act to section 812.014, Florida Statutes, in a
  665  reference thereto, subsection (3) of section 636.238, Florida
  666  Statutes, is reenacted to read:
  667         636.238 Penalties for violation of this part.—
  668         (3) A person who collects fees for purported membership in
  669  a discount plan but purposefully fails to provide the promised
  670  benefits commits a theft, punishable as provided in s. 812.014.
  671         Section 16. For the purpose of incorporating the amendment
  672  made by this act to section 812.014, Florida Statutes, in a
  673  reference thereto, subsection (2) of section 642.038, Florida
  674  Statutes, is reenacted to read:
  675         642.038 Reporting and accounting for funds.—
  676         (2) Any sales representative who, not being entitled
  677  thereto, diverts or appropriates such funds or any portion
  678  thereof to his or her own use commits theft as provided in s.
  679  812.014.
  680         Section 17. For the purpose of incorporating the amendment
  681  made by this act to section 812.014, Florida Statutes, in a
  682  reference thereto, subsection (4) of section 705.102, Florida
  683  Statutes, is reenacted to read:
  684         705.102 Reporting lost or abandoned property.—
  685         (4) Any person who unlawfully appropriates such lost or
  686  abandoned property to his or her own use or refuses to deliver
  687  such property when required commits theft as defined in s.
  688  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  689  775.084.
  690         Section 18. For the purpose of incorporating the amendment
  691  made by this act to section 812.014, Florida Statutes, in a
  692  reference thereto, paragraph (d) of subsection (1) of section
  693  718.111, Florida Statutes, is reenacted to read:
  694         718.111 The association.—
  695         (1) CORPORATE ENTITY.—
  696         (d) As required by s. 617.0830, an officer, director, or
  697  agent shall discharge his or her duties in good faith, with the
  698  care an ordinarily prudent person in a like position would
  699  exercise under similar circumstances, and in a manner he or she
  700  reasonably believes to be in the interests of the association.
  701  An officer, director, or agent shall be liable for monetary
  702  damages as provided in s. 617.0834 if such officer, director, or
  703  agent breached or failed to perform his or her duties and the
  704  breach of, or failure to perform, his or her duties constitutes
  705  a violation of criminal law as provided in s. 617.0834;
  706  constitutes a transaction from which the officer or director
  707  derived an improper personal benefit, either directly or
  708  indirectly; or constitutes recklessness or an act or omission
  709  that was in bad faith, with malicious purpose, or in a manner
  710  exhibiting wanton and willful disregard of human rights, safety,
  711  or property. Forgery of a ballot envelope or voting certificate
  712  used in a condominium association election is punishable as
  713  provided in s. 831.01, the theft or embezzlement of funds of a
  714  condominium association is punishable as provided in s. 812.014,
  715  and the destruction of or the refusal to allow inspection or
  716  copying of an official record of a condominium association that
  717  is accessible to unit owners within the time periods required by
  718  general law in furtherance of any crime is punishable as
  719  tampering with physical evidence as provided in s. 918.13 or as
  720  obstruction of justice as provided in chapter 843. An officer or
  721  director charged by information or indictment with a crime
  722  referenced in this paragraph must be removed from office, and
  723  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
  724  until the end of the officer’s or director’s period of
  725  suspension or the end of his or her term of office, whichever
  726  occurs first. If a criminal charge is pending against the
  727  officer or director, he or she may not be appointed or elected
  728  to a position as an officer or a director of any association and
  729  may not have access to the official records of any association,
  730  except pursuant to a court order. However, if the charges are
  731  resolved without a finding of guilt, the officer or director
  732  must be reinstated for the remainder of his or her term of
  733  office, if any.
  734         Section 19. For the purpose of incorporating the amendment
  735  made by this act to section 812.014, Florida Statutes, in a
  736  reference thereto, subsection (2) of section 812.015, Florida
  737  Statutes, is reenacted to read:
  738         812.015 Retail and farm theft; transit fare evasion;
  739  mandatory fine; alternative punishment; detention and arrest;
  740  exemption from liability for false arrest; resisting arrest;
  741  penalties.—
  742         (2) Upon a second or subsequent conviction for petit theft
  743  from a merchant, farmer, or transit agency, the offender shall
  744  be punished as provided in s. 812.014(3), except that the court
  745  shall impose a fine of not less than $50 or more than $1,000.
  746  However, in lieu of such fine, the court may require the
  747  offender to perform public services designated by the court. In
  748  no event shall any such offender be required to perform fewer
  749  than the number of hours of public service necessary to satisfy
  750  the fine assessed by the court, as provided by this subsection,
  751  at the minimum wage prevailing in the state at the time of
  752  sentencing.
  753         Section 20. For the purpose of incorporating the amendment
  754  made by this act to section 812.014, Florida Statutes, in a
  755  reference thereto, subsections (1) and (2) of section 812.0155,
  756  Florida Statutes, are reenacted to read:
  757         812.0155 Suspension of driver license following an
  758  adjudication of guilt for theft.—
  759         (1) Except as provided in subsections (2) and (3), the
  760  court may order the suspension of the driver license of each
  761  person adjudicated guilty of any misdemeanor violation of s.
  762  812.014 or s. 812.015, regardless of the value of the property
  763  stolen. Upon ordering the suspension of the driver license of
  764  the person adjudicated guilty, the court shall forward the
  765  driver license of the person adjudicated guilty to the
  766  Department of Highway Safety and Motor Vehicles in accordance
  767  with s. 322.25.
  768         (a) The first suspension of a driver license under this
  769  subsection shall be for a period of up to 6 months.
  770         (b) A second or subsequent suspension of a driver license
  771  under this subsection shall be for 1 year.
  772         (2) The court may revoke, suspend, or withhold issuance of
  773  a driver license of a person less than 18 years of age who
  774  violates s. 812.014 or s. 812.015 as an alternative to
  775  sentencing the person to:
  776         (a) Probation as defined in s. 985.03 or commitment to the
  777  Department of Juvenile Justice, if the person is adjudicated
  778  delinquent for such violation and has not previously been
  779  convicted of or adjudicated delinquent for any criminal offense,
  780  regardless of whether adjudication was withheld.
  781         (b) Probation as defined in s. 985.03, commitment to the
  782  Department of Juvenile Justice, probation as defined in chapter
  783  948, community control, or incarceration, if the person is
  784  convicted as an adult of such violation and has not previously
  785  been convicted of or adjudicated delinquent for any criminal
  786  offense, regardless of whether adjudication was withheld.
  787         Section 21. For the purpose of incorporating the amendment
  788  made by this act to section 812.014, Florida Statutes, in a
  789  reference thereto, subsections (4), (7), and (8) of section
  790  812.14, Florida Statutes, are reenacted to read:
  791         812.14 Trespass and larceny with relation to utility
  792  fixtures; theft of utility services.—
  793         (4) A person who willfully violates subsection (2) commits
  794  theft, punishable as provided in s. 812.014.
  795         (7) An owner, lessor, or sublessor who willfully violates
  796  subsection (5) commits a misdemeanor of the first degree,
  797  punishable as provided in s. 775.082 or s. 775.083. Prosecution
  798  for a violation of subsection (5) does not preclude prosecution
  799  for theft pursuant to subsection (8) or s. 812.014.
  800         (8) Theft of utility services for the purpose of
  801  facilitating the manufacture of a controlled substance is theft,
  802  punishable as provided in s. 812.014.
  803         Section 22. For the purpose of incorporating the amendment
  804  made by this act to section 812.014, Florida Statutes, in a
  805  reference thereto, subsection (3) of section 893.138, Florida
  806  Statutes, is reenacted to read:
  807         893.138 Local administrative action to abate drug-related,
  808  prostitution-related, or stolen-property-related public
  809  nuisances and criminal gang activity.—
  810         (3) Any pain-management clinic, as described in s. 458.3265
  811  or s. 459.0137, which has been used on more than two occasions
  812  within a 6-month period as the site of a violation of:
  813         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  814  relating to assault and battery;
  815         (b) Section 810.02, relating to burglary;
  816         (c) Section 812.014, relating to theft;
  817         (d) Section 812.131, relating to robbery by sudden
  818  snatching; or
  819         (e) Section 893.13, relating to the unlawful distribution
  820  of controlled substances,
  821  
  822  may be declared to be a public nuisance, and such nuisance may
  823  be abated pursuant to the procedures provided in this section.
  824         Section 23. For the purpose of incorporating the amendment
  825  made by this act to section 812.014, Florida Statutes, in a
  826  reference thereto, paragraph (b) of subsection (3) of section
  827  943.051, Florida Statutes, is reenacted to read:
  828         943.051 Criminal justice information; collection and
  829  storage; fingerprinting.—
  830         (3)
  831         (b) A minor who is charged with or found to have committed
  832  the following offenses shall be fingerprinted and the
  833  fingerprints shall be submitted electronically to the
  834  department, unless the minor is issued a civil citation pursuant
  835  to s. 985.12:
  836         1. Assault, as defined in s. 784.011.
  837         2. Battery, as defined in s. 784.03.
  838         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  839         4. Unlawful use of destructive devices or bombs, as defined
  840  in s. 790.1615(1).
  841         5. Neglect of a child, as defined in s. 827.03(1)(e).
  842         6. Assault or battery on a law enforcement officer, a
  843  firefighter, or other specified officers, as defined in s.
  844  784.07(2)(a) and (b).
  845         7. Open carrying of a weapon, as defined in s. 790.053.
  846         8. Exposure of sexual organs, as defined in s. 800.03.
  847         9. Unlawful possession of a firearm, as defined in s.
  848  790.22(5).
  849         10. Petit theft, as defined in s. 812.014(3).
  850         11. Cruelty to animals, as defined in s. 828.12(1).
  851         12. Arson, as defined in s. 806.031(1).
  852         13. Unlawful possession or discharge of a weapon or firearm
  853  at a school-sponsored event or on school property, as provided
  854  in s. 790.115.
  855         Section 24. For the purpose of incorporating the amendment
  856  made by this act to section 812.014, Florida Statutes, in a
  857  reference thereto, paragraph (b) of subsection (1) of section
  858  985.11, Florida Statutes, is reenacted to read:
  859         985.11 Fingerprinting and photographing.—
  860         (1)
  861         (b) Unless the child is issued a civil citation or is
  862  participating in a similar diversion program pursuant to s.
  863  985.12, a child who is charged with or found to have committed
  864  one of the following offenses shall be fingerprinted, and the
  865  fingerprints shall be submitted to the Department of Law
  866  Enforcement as provided in s. 943.051(3)(b):
  867         1. Assault, as defined in s. 784.011.
  868         2. Battery, as defined in s. 784.03.
  869         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  870         4. Unlawful use of destructive devices or bombs, as defined
  871  in s. 790.1615(1).
  872         5. Neglect of a child, as defined in s. 827.03(1)(e).
  873         6. Assault on a law enforcement officer, a firefighter, or
  874  other specified officers, as defined in s. 784.07(2)(a).
  875         7. Open carrying of a weapon, as defined in s. 790.053.
  876         8. Exposure of sexual organs, as defined in s. 800.03.
  877         9. Unlawful possession of a firearm, as defined in s.
  878  790.22(5).
  879         10. Petit theft, as defined in s. 812.014.
  880         11. Cruelty to animals, as defined in s. 828.12(1).
  881         12. Arson, resulting in bodily harm to a firefighter, as
  882  defined in s. 806.031(1).
  883         13. Unlawful possession or discharge of a weapon or firearm
  884  at a school-sponsored event or on school property as defined in
  885  s. 790.115.
  886  
  887  A law enforcement agency may fingerprint and photograph a child
  888  taken into custody upon probable cause that such child has
  889  committed any other violation of law, as the agency deems
  890  appropriate. Such fingerprint records and photographs shall be
  891  retained by the law enforcement agency in a separate file, and
  892  these records and all copies thereof must be marked “Juvenile
  893  Confidential.” These records are not available for public
  894  disclosure and inspection under s. 119.07(1) except as provided
  895  in ss. 943.053 and 985.04(2), but shall be available to other
  896  law enforcement agencies, criminal justice agencies, state
  897  attorneys, the courts, the child, the parents or legal
  898  custodians of the child, their attorneys, and any other person
  899  authorized by the court to have access to such records. In
  900  addition, such records may be submitted to the Department of Law
  901  Enforcement for inclusion in the state criminal history records
  902  and used by criminal justice agencies for criminal justice
  903  purposes. These records may, in the discretion of the court, be
  904  open to inspection by anyone upon a showing of cause. The
  905  fingerprint and photograph records shall be produced in the
  906  court whenever directed by the court. Any photograph taken
  907  pursuant to this section may be shown by a law enforcement
  908  officer to any victim or witness of a crime for the purpose of
  909  identifying the person who committed such crime.
  910         Section 25. This act shall take effect October 1, 2018.