Florida Senate - 2019 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 7072
Ì872670,Î872670
576-04087-19
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to the justice system; creating s.
3 25.025, F.S.; authorizing certain Supreme Court
4 justices to have an appropriate facility in their
5 district of residence designated as their official
6 headquarters; providing that an official headquarters
7 may serve only as a justice’s private chambers;
8 providing that such justices are eligible for a
9 certain subsistence allowance and reimbursement for
10 certain transportation expenses; requiring that such
11 allowance and reimbursement be made to the extent
12 appropriated funds are available, as determined by the
13 Chief Justice; requiring the Chief Justice to
14 coordinate with certain persons in designating
15 official headquarters; providing that a county is not
16 required to provide space for a justice in a county
17 courthouse; authorizing counties to enter into
18 agreements with the Supreme Court for the use of
19 county courthouse space; prohibiting the Supreme Court
20 from using state funds to lease space in specified
21 facilities to allow a justice to establish an official
22 headquarters; amending s. 26.031, F.S.; increasing the
23 number of circuit judges in certain judicial circuits;
24 creating s. 43.51, F.S.; requiring the Office of the
25 State Courts Administrator to provide an annual report
26 containing certain information to the Legislature;
27 defining the term “problem-solving court”; amending s.
28 394.47891, F.S.; requiring the chief judge of each
29 judicial circuit to establish a Military Veterans and
30 Servicemembers Court Program; amending s. 812.014,
31 F.S.; increasing the threshold amount for certain
32 theft offenses; authorizing the imposition of a fine
33 up to a certain amount, rather than requiring a
34 specified amount, for the theft of certain animals;
35 amending s. 812.015, F.S.; revising the circumstances
36 under which an offense of retail theft constitutes a
37 felony of the second or third degree; authorizing the
38 aggregation of retail thefts that occur in more than
39 one judicial circuit within a 90-day period into one
40 total value and requiring prosecution of such thefts
41 by the Office of the Statewide Prosecutor in
42 accordance with s. 16.56, F.S.; amending s. 812.019,
43 F.S.; prohibiting specified acts involving merchandise
44 or a stored-value card obtained from a fraudulent
45 return; amending s. 921.0022, F.S.; revising the
46 ranking of offenses on the offense severity ranking
47 chart of the Criminal Punishment Code; reenacting ss.
48 95.18(10), 373.6055(3)(c), 400.9935(3),
49 409.910(17)(g), 489.126(4), 550.6305(10), 627.743(2),
50 634.319(2), 634.421(2), 636.238(3), 642.038(2),
51 705.102(4), 718.111(1)(d), 812.14(4), (7), and (8),
52 and 985.11(1)(b), F.S., relating to adverse possession
53 without color of title, criminal history checks for
54 certain water management district employees and
55 others, clinic responsibilities, responsibility for
56 payments on behalf of Medicaid-eligible persons when
57 other parties are liable, moneys received by
58 contractors, intertrack wagering, payment of third
59 party claims, diversion or appropriation of certain
60 funds received by sales representatives, diversion or
61 appropriation of certain funds received by sales
62 representatives, penalties for certain violations,
63 diversion or appropriation of certain funds received
64 by sales representatives, reporting lost or abandoned
65 property, condominium associations, trespass and
66 larceny with relation to utility fixtures and theft of
67 utility services, and fingerprinting and photographing
68 of certain children, respectively, to incorporate the
69 amendment made to s. 812.014, F.S., in references
70 thereto; reenacting ss. 538.09(5)(f) and 538.23(2),
71 F.S., relating to registration with the Department of
72 Revenue and violations and penalties for secondary
73 metals recyclers, respectively, to incorporate the
74 amendment made to s. 812.015, F.S., in references
75 thereto; reenacting s. 1012.315(1)(bb), F.S., relating
76 to disqualification from employment, to incorporate
77 the amendments made to s. 812.019, F.S.; reenacting s.
78 812.0155(1) and (2), F.S., relating to suspension of
79 driver licenses, to incorporate the amendments made to
80 ss. 812.014 and 812.015, F.S., in references thereto;
81 reenacting s. 893.138(3), F.S., relating to pain
82 management clinics, to incorporate the amendments made
83 to s. 812.014, F.S., in references thereto; providing
84 effective dates.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Effective July 1, 2019, section 25.025, Florida
89 Statutes, is created to read:
90 25.025 Headquarters.—
91 (1)(a) A Supreme Court justice who permanently resides
92 outside Leon County shall, if he or she so requests, have a
93 district court of appeal courthouse, a county courthouse, or
94 another appropriate facility in his or her district of residence
95 designated as his or her official headquarters pursuant to s.
96 112.061. This official headquarters may serve only as the
97 justice’s private chambers.
98 (b) A justice for whom an official headquarters is
99 designated in his or her district of residence under this
100 subsection is eligible for subsistence at a rate to be
101 established by the Chief Justice for each day or partial day
102 that the justice is at the Supreme Court Building for the
103 conduct of the business of the court. In addition to the
104 subsistence allowance, a justice is eligible for reimbursement
105 for transportation expenses as provided in s. 112.061(7) for
106 travel between the justice’s official headquarters and the
107 Supreme Court Building for the conduct of the business of the
108 court.
109 (c) Payment of subsistence and reimbursement for
110 transportation expenses relating to travel between a justice’s
111 official headquarters and the Supreme Court Building must be
112 made to the extent that appropriated funds are available, as
113 determined by the Chief Justice.
114 (2) The Chief Justice shall coordinate with each affected
115 justice and other state and local officials as necessary to
116 implement paragraph (1)(a).
117 (3)(a) This section does not require a county to provide
118 space in a county courthouse for a justice. A county may enter
119 into an agreement with the Supreme Court governing the use of
120 space in a county courthouse.
121 (b) The Supreme Court may not use state funds to lease
122 space in a district court of appeal courthouse, county
123 courthouse, or other facility to allow a justice to establish an
124 official headquarters pursuant to subsection (1).
125 Section 2. Subsections (9) and (12) of section 26.031,
126 Florida Statutes, are amended to read:
127 26.031 Judicial circuits; number of judges.—The number of
128 circuit judges in each circuit shall be as follows:
129
130 JUDICIAL CIRCUIT TOTAL
131 (9) Ninth...........................................44 43
132 (12) Twelfth........................................22 21
133 Section 3. Section 43.51, Florida Statutes, is created to
134 read:
135 43.51 Problem-solving court reports.—
136 (1) The Office of the State Courts Administrator shall
137 provide an annual report to the President of the Senate and the
138 Speaker of the House of Representatives which details the number
139 of participants in each problem-solving court for each fiscal
140 year the court has been operating and the types of services
141 provided, identifies each source of funding for each court
142 during each fiscal year, and provides information on the
143 performance of each court based upon outcome measures
144 established by the courts.
145 (2) For purposes of this section, the term “problem-solving
146 court” includes, but is not limited to, a drug court pursuant to
147 s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a
148 military veterans’ and servicemembers’ court pursuant to s.
149 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
150 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
151 948.08, or s. 948.16; or a delinquency pretrial intervention
152 court program pursuant to s. 985.345.
153 Section 4. Section 394.47891, Florida Statutes, is amended
154 to read:
155 394.47891 Military veterans and servicemembers court
156 programs.—The chief judge of each judicial circuit shall may
157 establish a Military Veterans and Servicemembers Court Program
158 under which veterans, as defined in s. 1.01, including veterans
159 who were discharged or released under a general discharge, and
160 servicemembers, as defined in s. 250.01, who are charged or
161 convicted of a criminal offense and who suffer from a military
162 related mental illness, traumatic brain injury, substance abuse
163 disorder, or psychological problem can be sentenced in
164 accordance with chapter 921 in a manner that appropriately
165 addresses the severity of the mental illness, traumatic brain
166 injury, substance abuse disorder, or psychological problem
167 through services tailored to the individual needs of the
168 participant. Entry into any Military Veterans and Servicemembers
169 Court Program must be based upon the sentencing court’s
170 assessment of the defendant’s criminal history, military
171 service, substance abuse treatment needs, mental health
172 treatment needs, amenability to the services of the program, the
173 recommendation of the state attorney and the victim, if any, and
174 the defendant’s agreement to enter the program.
175 Section 5. Paragraphs (c), (d), and (e) of subsection (2)
176 of section 812.014, Florida Statutes, are amended to read:
177 812.014 Theft.—
178 (2)
179 (c) It is grand theft of the third degree and a felony of
180 the third degree, punishable as provided in s. 775.082, s.
181 775.083, or s. 775.084, if the property stolen is:
182 1. Valued at $750 $300 or more, but less than $5,000.
183 2. Valued at $5,000 or more, but less than $10,000.
184 3. Valued at $10,000 or more, but less than $20,000.
185 4. A will, codicil, or other testamentary instrument.
186 5. A firearm.
187 6. A motor vehicle, except as provided in paragraph (a).
188 7. Any commercially farmed animal, including any animal of
189 the equine, avian, bovine, or swine class or other grazing
190 animal; a bee colony of a registered beekeeper; and aquaculture
191 species raised at a certified aquaculture facility. If the
192 property stolen is a commercially farmed animal, including an
193 animal of the equine, avian, bovine, or swine class or other
194 grazing animal; a bee colony of a registered beekeeper; or an
195 aquaculture species raised at a certified aquaculture facility,
196 a fine of up to $10,000 may fine shall be imposed.
197 8. Any fire extinguisher.
198 9. Any amount of citrus fruit consisting of 2,000 or more
199 individual pieces of fruit.
200 10. Taken from a designated construction site identified by
201 the posting of a sign as provided for in s. 810.09(2)(d).
202 11. Any stop sign.
203 12. Anhydrous ammonia.
204 13. Any amount of a controlled substance as defined in s.
205 893.02. Notwithstanding any other law, separate judgments and
206 sentences for theft of a controlled substance under this
207 subparagraph and for any applicable possession of controlled
208 substance offense under s. 893.13 or trafficking in controlled
209 substance offense under s. 893.135 may be imposed when all such
210 offenses involve the same amount or amounts of a controlled
211 substance.
212
213 However, if the property is stolen within a county that is
214 subject to a state of emergency declared by the Governor under
215 chapter 252, the property is stolen after the declaration of
216 emergency is made, and the perpetration of the theft is
217 facilitated by conditions arising from the emergency, the
218 offender commits a felony of the second degree, punishable as
219 provided in s. 775.082, s. 775.083, or s. 775.084, if the
220 property is valued at $5,000 or more, but less than $10,000, as
221 provided under subparagraph 2., or if the property is valued at
222 $10,000 or more, but less than $20,000, as provided under
223 subparagraph 3. As used in this paragraph, the term “conditions
224 arising from the emergency” means civil unrest, power outages,
225 curfews, voluntary or mandatory evacuations, or a reduction in
226 the presence of or the response time for first responders or
227 homeland security personnel. For purposes of sentencing under
228 chapter 921, a felony offense that is reclassified under this
229 paragraph is ranked one level above the ranking under s.
230 921.0022 or s. 921.0023 of the offense committed.
231 (d) It is grand theft of the third degree and a felony of
232 the third degree, punishable as provided in s. 775.082, s.
233 775.083, or s. 775.084, if the property stolen is valued at $100
234 or more, but less than $750 $300, and is taken from a dwelling
235 as defined in s. 810.011(2) or from the unenclosed curtilage of
236 a dwelling pursuant to s. 810.09(1).
237 (e) Except as provided in paragraph (d), if the property
238 stolen is valued at $100 or more, but less than $750 $300, the
239 offender commits petit theft of the first degree, punishable as
240 a misdemeanor of the first degree, as provided in s. 775.082 or
241 s. 775.083.
242 Section 6. Subsections (8) and (9) of section 812.015,
243 Florida Statutes, are amended, and subsection (10) is added to
244 that section, to read:
245 812.015 Retail and farm theft; transit fare evasion;
246 mandatory fine; alternative punishment; detention and arrest;
247 exemption from liability for false arrest; resisting arrest;
248 penalties.—
249 (8) Except as provided in subsection (9), a person who
250 commits retail theft commits a felony of the third degree,
251 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
252 if the property stolen is valued at $750 $300 or more, and the
253 person:
254 (a) Individually commits retail theft, or in concert with
255 one or more other persons, coordinates the activities of one or
256 more individuals in committing the offense, which may occur
257 through multiple acts of retail theft, in which case the amount
258 of each individual theft is aggregated within a 90-day period to
259 determine the value of the property stolen;
260 (b) Conspires with another person to commit retail theft
261 with the intent to sell the stolen property for monetary or
262 other gain, and subsequently takes or causes such property to be
263 placed in the control of another person in exchange for
264 consideration, in which the stolen property taken or placed
265 within a 90-day period is aggregated to determine the value of
266 the stolen property;
267 (c)(b) Individually, or in concert with one or more other
268 persons, commits theft from more than one location within a 90
269 day 48-hour period, in which case the amount of each individual
270 theft is aggregated to determine the value of the property
271 stolen;
272 (d)(c) Acts in concert with one or more other individuals
273 within one or more establishments to distract the merchant,
274 merchant’s employee, or law enforcement officer in order to
275 carry out the offense, or acts in other ways to coordinate
276 efforts to carry out the offense; or
277 (e)(d) Commits the offense through the purchase of
278 merchandise in a package or box that contains merchandise other
279 than, or in addition to, the merchandise purported to be
280 contained in the package or box.
281 (9) A person commits a felony of the second degree,
282 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
283 if the person:
284 (a) Violates subsection (8) and has previously been
285 convicted of a violation of subsection (8); or
286 (b) Individually, or in concert with one or more other
287 persons, coordinates the activities of one or more persons in
288 committing the offense of retail theft, in which the amount of
289 each individual theft within a 90-day period is aggregated to
290 determine the value of the stolen property and such where the
291 stolen property has a value is in excess of $3,000; or
292 (c) Conspires with another person to commit retail theft
293 with the intent to sell the stolen property for monetary or
294 other gain, and subsequently takes or causes such property to be
295 placed in control of another person in exchange for
296 consideration, in which the stolen property taken or placed
297 within a 90-day period is aggregated to have a value in excess
298 of $3,000.
299 (10) If a person commits retail theft in more than one
300 judicial circuit within a 90-day period, the value of the stolen
301 property resulting from the thefts in each judicial circuit may
302 be aggregated and must be prosecuted by the Office of the
303 Statewide Prosecutor in accordance with s. 16.56.
304 Section 7. Subsection (3) is added to section 812.019,
305 Florida Statutes, to read:
306 812.019 Dealing in stolen property.—
307 (3) Any person who receives, possesses, or purchases any
308 merchandise or stored-value card obtained from a fraudulent
309 return with the knowledge that the merchandise or stored-value
310 card was obtained in violation of s. 812.015 commits a felony of
311 the third degree, punishable as provided in s. 775.082, s.
312 775.083, or s. 775.084.
313 Section 8. Paragraphs (b), (c), (e), and (f) of subsection
314 (3) of section 921.0022, Florida Statutes, are amended to read:
315 921.0022 Criminal Punishment Code; offense severity ranking
316 chart.—
317 (3) OFFENSE SEVERITY RANKING CHART
318 (b) LEVEL 2
319
320 FloridaStatute FelonyDegree Description
321 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
322 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
323 403.413(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.
324 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
325 590.28(1) 3rd Intentional burning of lands.
326 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
327 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
328 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
329 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
330 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
331 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
332 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
333 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
334 817.234(1)(a)2. 3rd False statement in support of insurance claim.
335 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
336 817.52(3) 3rd Failure to redeliver hired vehicle.
337 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
338 817.60(5) 3rd Dealing in credit cards of another.
339 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
340 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
341 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
342 831.01 3rd Forgery.
343 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
344 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
345 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
346 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
347 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
348 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
349 843.08 3rd False personation.
350 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
351 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
352
353 (c) LEVEL 3
354
355 FloridaStatute FelonyDegree Description
356 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
357 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
358 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
359 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
360 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
361 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
362 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
363 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
364 327.35(2)(b) 3rd Felony BUI.
365 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
366 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
367 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
368 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
369 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
370 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
371 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
372 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
373 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
374 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
375 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
376 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
377 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
378 697.08 3rd Equity skimming.
379 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
380 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
381 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
382 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
383 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
384 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
385 812.015(8)(b) 3rd Retail theft with intent to sell; coordination with others.
386 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
387 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
388 817.233 3rd Burning to defraud insurer.
389 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
390 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
391 817.236 3rd Filing a false motor vehicle insurance application.
392 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
393 817.413(2) 3rd Sale of used goods as new.
394 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
395 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
396 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
397 843.19 3rd Injure, disable, or kill police dog or horse.
398 860.15(3) 3rd Overcharging for repairs and parts.
399 870.01(2) 3rd Riot; inciting or encouraging.
400 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
401 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
402 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
403 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
404 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
405 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
406 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
407 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
408 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
409 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
410 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
411 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
412 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
413 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
414 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
415 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
416 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
417
418 (e) LEVEL 5
419
420 FloridaStatute FelonyDegree Description
421 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
422 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
423 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
424 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
425 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
426 379.365(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.
427 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
428 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
429 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
430 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
431 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
432 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
433 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
434 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
435 790.01(2) 3rd Carrying a concealed firearm.
436 790.162 2nd Threat to throw or discharge destructive device.
437 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
438 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
439 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
440 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
441 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
442 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
443 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
444 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
445 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
446 812.019(1) 2nd Stolen property; dealing in or trafficking in.
447 812.019(3) 3rd Specified acts involving merchandise or a stored-value card obtained from a fraudulent return.
448 812.131(2)(b) 3rd Robbery by sudden snatching.
449 812.16(2) 3rd Owning, operating, or conducting a chop shop.
450 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
451 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
452 817.2341(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.
453 817.568(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.
454 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
455 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
456 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
457 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
458 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
459 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
460 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
461 843.01 3rd Resist officer with violence to person; resist arrest with violence.
462 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
463 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
464 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
465 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
466 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
467 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
468 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
469 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
470 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
471 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
472 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
473 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
474
475 (f) LEVEL 6
476
477 FloridaStatute FelonyDegree Description
478 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
479 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
480 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
481 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
482 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
483 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
484 775.0875(1) 3rd Taking firearm from law enforcement officer.
485 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
486 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
487 784.041 3rd Felony battery; domestic battery by strangulation.
488 784.048(3) 3rd Aggravated stalking; credible threat.
489 784.048(5) 3rd Aggravated stalking of person under 16.
490 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
491 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
492 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
493 784.081(2) 2nd Aggravated assault on specified official or employee.
494 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
495 784.083(2) 2nd Aggravated assault on code inspector.
496 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
497 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
498 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
499 790.164(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.
500 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
501 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
502 794.05(1) 2nd Unlawful sexual activity with specified minor.
503 800.04(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.
504 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
505 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
506 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
507 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
508 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
509 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
510 812.015(9)(a) 2nd Retail theft; property stolen $750 $300 or more; second or subsequent conviction.
511 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
512 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
513 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
514 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
515 825.102(1) 3rd Abuse of an elderly person or disabled adult.
516 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
517 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
518 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
519 827.03(2)(c) 3rd Abuse of a child.
520 827.03(2)(d) 3rd Neglect of a child.
521 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
522 836.05 2nd Threats; extortion.
523 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
524 843.12 3rd Aids or assists person to escape.
525 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
526 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
527 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
528 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
529 944.35(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.
530 944.40 2nd Escapes.
531 944.46 3rd Harboring, concealing, aiding escaped prisoners.
532 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
533 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
534
535
536 Section 9. For the purpose of incorporating the amendment
537 made by this act to section 812.014, Florida Statutes, in a
538 reference thereto, subsection (10) of section 95.18, Florida
539 Statutes, is reenacted to read:
540 95.18 Real property actions; adverse possession without
541 color of title.—
542 (10) A person who occupies or attempts to occupy a
543 residential structure solely by claim of adverse possession
544 under this section and offers the property for lease to another
545 commits theft under s. 812.014.
546 Section 10. For the purpose of incorporating the amendment
547 made by this act to section 812.014, Florida Statutes, in a
548 reference thereto, paragraph (c) of subsection (3) of section
549 373.6055, Florida Statutes, is reenacted to read:
550 373.6055 Criminal history checks for certain water
551 management district employees and others.—
552 (3)
553 (c) In addition to other requirements for employment or
554 access established by any water management district pursuant to
555 its water management district’s security plan for buildings,
556 facilities, and structures, each water management district’s
557 security plan shall provide that:
558 1. Any person who has within the past 7 years been
559 convicted, regardless of whether adjudication was withheld, for
560 a forcible felony as defined in s. 776.08; an act of terrorism
561 as defined in s. 775.30; planting of a hoax bomb as provided in
562 s. 790.165; any violation involving the manufacture, possession,
563 sale, delivery, display, use, or attempted or threatened use of
564 a weapon of mass destruction or hoax weapon of mass destruction
565 as provided in s. 790.166; dealing in stolen property; any
566 violation of s. 893.135; any violation involving the sale,
567 manufacturing, delivery, or possession with intent to sell,
568 manufacture, or deliver a controlled substance; burglary;
569 robbery; any felony violation of s. 812.014; any violation of s.
570 790.07; any crime an element of which includes use or possession
571 of a firearm; any conviction for any similar offenses under the
572 laws of another jurisdiction; or conviction for conspiracy to
573 commit any of the listed offenses may not be qualified for
574 initial employment within or authorized regular access to
575 buildings, facilities, or structures defined in the water
576 management district’s security plan as restricted access areas.
577 2. Any person who has at any time been convicted of any of
578 the offenses listed in subparagraph 1. may not be qualified for
579 initial employment within or authorized regular access to
580 buildings, facilities, or structures defined in the water
581 management district’s security plan as restricted access areas
582 unless, after release from incarceration and any supervision
583 imposed as a sentence, the person remained free from a
584 subsequent conviction, regardless of whether adjudication was
585 withheld, for any of the listed offenses for a period of at
586 least 7 years prior to the employment or access date under
587 consideration.
588 Section 11. For the purpose of incorporating the amendment
589 made by this act to section 812.014, Florida Statutes, in a
590 reference thereto, subsection (3) of section 400.9935, Florida
591 Statutes, is reenacted to read:
592 400.9935 Clinic responsibilities.—
593 (3) A charge or reimbursement claim made by or on behalf of
594 a clinic that is required to be licensed under this part but
595 that is not so licensed, or that is otherwise operating in
596 violation of this part, regardless of whether a service is
597 rendered or whether the charge or reimbursement claim is paid,
598 is an unlawful charge and is noncompensable and unenforceable. A
599 person who knowingly makes or causes to be made an unlawful
600 charge commits theft within the meaning of and punishable as
601 provided in s. 812.014.
602 Section 12. For the purpose of incorporating the amendment
603 made by this act to section 812.014, Florida Statutes, in a
604 reference thereto, paragraph (g) of subsection (17) of section
605 409.910, Florida Statutes, is reenacted to read:
606 409.910 Responsibility for payments on behalf of Medicaid
607 eligible persons when other parties are liable.—
608 (17)
609 (g) The agency may investigate and request appropriate
610 officers or agencies of the state to investigate suspected
611 criminal violations or fraudulent activity related to third
612 party benefits, including, without limitation, ss. 414.39 and
613 812.014. Such requests may be directed, without limitation, to
614 the Medicaid Fraud Control Unit of the Office of the Attorney
615 General or to any state attorney. Pursuant to s. 409.913, the
616 Attorney General has primary responsibility to investigate and
617 control Medicaid fraud.
618 Section 13. For the purpose of incorporating the amendment
619 made by this act to section 812.014, Florida Statutes, in a
620 reference thereto, subsection (4) of section 489.126, Florida
621 Statutes, is reenacted to read:
622 489.126 Moneys received by contractors.—
623 (4) Any person who violates any provision of this section
624 is guilty of theft and shall be prosecuted and punished under s.
625 812.014.
626 Section 14. 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 15. 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 627.743, Florida
649 Statutes, is reenacted to read:
650 627.743 Payment of third-party claims.—
651 (2) When making any payment on a third party claim for
652 damage to an automobile for a partial loss, the insurer shall
653 have printed on the loss estimate, if prepared by the insurer,
654 the following: “Failure to use the insurance proceeds in
655 accordance with the security agreement, if any, could be a
656 violation of s. 812.014, Florida Statutes. If you have any
657 questions, contact your lending institution.” However, this
658 subsection does not apply if the insurer does not prepare the
659 loss estimate.
660 Section 16. For the purpose of incorporating the amendment
661 made by this act to section 812.014, Florida Statutes, in a
662 reference thereto, subsection (2) of section 634.319, Florida
663 Statutes, is reenacted to read:
664 634.319 Reporting and accounting for funds.—
665 (2) Any sales representative who, not being entitled
666 thereto, diverts or appropriates such funds or any portion
667 thereof to her or his own use is, upon conviction, guilty of
668 theft, punishable as provided in s. 812.014.
669 Section 17. For the purpose of incorporating the amendment
670 made by this act to section 812.014, Florida Statutes, in a
671 reference thereto, subsection (2) of section 634.421, Florida
672 Statutes, is reenacted to read:
673 634.421 Reporting and accounting for funds.—
674 (2) Any sales representative who, not being entitled
675 thereto, diverts or appropriates funds or any portion thereof to
676 her or his own use commits theft as provided in s. 812.014.
677 Section 18. For the purpose of incorporating the amendment
678 made by this act to section 812.014, Florida Statutes, in a
679 reference thereto, subsection (3) of section 636.238, Florida
680 Statutes, is reenacted to read:
681 636.238 Penalties for violation of this part.—
682 (3) A person who collects fees for purported membership in
683 a discount plan but purposefully fails to provide the promised
684 benefits commits a theft, punishable as provided in s. 812.014.
685 Section 19. For the purpose of incorporating the amendment
686 made by this act to section 812.014, Florida Statutes, in a
687 reference thereto, subsection (2) of section 642.038, Florida
688 Statutes, is reenacted to read:
689 642.038 Reporting and accounting for funds.—
690 (2) Any sales representative who, not being entitled
691 thereto, diverts or appropriates such funds or any portion
692 thereof to his or her own use commits theft as provided in s.
693 812.014.
694 Section 20. For the purpose of incorporating the amendment
695 made by this act to section 812.014, Florida Statutes, in a
696 reference thereto, subsection (4) of section 705.102, Florida
697 Statutes, is reenacted to read:
698 705.102 Reporting lost or abandoned property.—
699 (4) Any person who unlawfully appropriates such lost or
700 abandoned property to his or her own use or refuses to deliver
701 such property when required commits theft as defined in s.
702 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
703 775.084.
704 Section 21. For the purpose of incorporating the amendment
705 made by this act to section 812.014, Florida Statutes, in a
706 reference thereto, paragraph (d) of subsection (1) of section
707 718.111, Florida Statutes, is reenacted to read:
708 718.111 The association.—
709 (1) CORPORATE ENTITY.—
710 (d) As required by s. 617.0830, an officer, director, or
711 agent shall discharge his or her duties in good faith, with the
712 care an ordinarily prudent person in a like position would
713 exercise under similar circumstances, and in a manner he or she
714 reasonably believes to be in the interests of the association.
715 An officer, director, or agent shall be liable for monetary
716 damages as provided in s. 617.0834 if such officer, director, or
717 agent breached or failed to perform his or her duties and the
718 breach of, or failure to perform, his or her duties constitutes
719 a violation of criminal law as provided in s. 617.0834;
720 constitutes a transaction from which the officer or director
721 derived an improper personal benefit, either directly or
722 indirectly; or constitutes recklessness or an act or omission
723 that was in bad faith, with malicious purpose, or in a manner
724 exhibiting wanton and willful disregard of human rights, safety,
725 or property. Forgery of a ballot envelope or voting certificate
726 used in a condominium association election is punishable as
727 provided in s. 831.01, the theft or embezzlement of funds of a
728 condominium association is punishable as provided in s. 812.014,
729 and the destruction of or the refusal to allow inspection or
730 copying of an official record of a condominium association that
731 is accessible to unit owners within the time periods required by
732 general law in furtherance of any crime is punishable as
733 tampering with physical evidence as provided in s. 918.13 or as
734 obstruction of justice as provided in chapter 843. An officer or
735 director charged by information or indictment with a crime
736 referenced in this paragraph must be removed from office, and
737 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
738 until the end of the officer’s or director’s period of
739 suspension or the end of his or her term of office, whichever
740 occurs first. If a criminal charge is pending against the
741 officer or director, he or she may not be appointed or elected
742 to a position as an officer or a director of any association and
743 may not have access to the official records of any association,
744 except pursuant to a court order. However, if the charges are
745 resolved without a finding of guilt, the officer or director
746 must be reinstated for the remainder of his or her term of
747 office, if any.
748 Section 22. For the purpose of incorporating the amendment
749 made by this act to section 812.014, Florida Statutes, in
750 references thereto, subsections (4), (7), and (8) of section
751 812.14, Florida Statutes, are reenacted to read:
752 812.14 Trespass and larceny with relation to utility
753 fixtures; theft of utility services.—
754 (4) A person who willfully violates subsection (2) commits
755 theft, punishable as provided in s. 812.014.
756 (7) An owner, lessor, or sublessor who willfully violates
757 subsection (5) commits a misdemeanor of the first degree,
758 punishable as provided in s. 775.082 or s. 775.083. Prosecution
759 for a violation of subsection (5) does not preclude prosecution
760 for theft pursuant to subsection (8) or s. 812.014.
761 (8) Theft of utility services for the purpose of
762 facilitating the manufacture of a controlled substance is theft,
763 punishable as provided in s. 812.014.
764 Section 23. For the purpose of incorporating the amendment
765 made by this act to section 812.014, Florida Statutes, in a
766 reference thereto, paragraph (b) of subsection (1) of section
767 985.11, Florida Statutes, is reenacted to read:
768 985.11 Fingerprinting and photographing.—
769 (1)
770 (b) Unless the child is issued a civil citation or is
771 participating in a similar diversion program pursuant to s.
772 985.12, a child who is charged with or found to have committed
773 one of the following offenses shall be fingerprinted, and the
774 fingerprints shall be submitted to the Department of Law
775 Enforcement as provided in s. 943.051(3)(b):
776 1. Assault, as defined in s. 784.011.
777 2. Battery, as defined in s. 784.03.
778 3. Carrying a concealed weapon, as defined in s. 790.01(1).
779 4. Unlawful use of destructive devices or bombs, as defined
780 in s. 790.1615(1).
781 5. Neglect of a child, as defined in s. 827.03(1)(e).
782 6. Assault on a law enforcement officer, a firefighter, or
783 other specified officers, as defined in s. 784.07(2)(a).
784 7. Open carrying of a weapon, as defined in s. 790.053.
785 8. Exposure of sexual organs, as defined in s. 800.03.
786 9. Unlawful possession of a firearm, as defined in s.
787 790.22(5).
788 10. Petit theft, as defined in s. 812.014.
789 11. Cruelty to animals, as defined in s. 828.12(1).
790 12. Arson, resulting in bodily harm to a firefighter, as
791 defined in s. 806.031(1).
792 13. Unlawful possession or discharge of a weapon or firearm
793 at a school-sponsored event or on school property as defined in
794 s. 790.115.
795
796 A law enforcement agency may fingerprint and photograph a child
797 taken into custody upon probable cause that such child has
798 committed any other violation of law, as the agency deems
799 appropriate. Such fingerprint records and photographs shall be
800 retained by the law enforcement agency in a separate file, and
801 these records and all copies thereof must be marked “Juvenile
802 Confidential.” These records are not available for public
803 disclosure and inspection under s. 119.07(1) except as provided
804 in ss. 943.053 and 985.04(2), but shall be available to other
805 law enforcement agencies, criminal justice agencies, state
806 attorneys, the courts, the child, the parents or legal
807 custodians of the child, their attorneys, and any other person
808 authorized by the court to have access to such records. In
809 addition, such records may be submitted to the Department of Law
810 Enforcement for inclusion in the state criminal history records
811 and used by criminal justice agencies for criminal justice
812 purposes. These records may, in the discretion of the court, be
813 open to inspection by anyone upon a showing of cause. The
814 fingerprint and photograph records shall be produced in the
815 court whenever directed by the court. Any photograph taken
816 pursuant to this section may be shown by a law enforcement
817 officer to any victim or witness of a crime for the purpose of
818 identifying the person who committed such crime.
819 Section 24. For the purpose of incorporating the amendment
820 made by this act to section 812.015, Florida Statutes, in a
821 reference thereto, paragraph (f) of subsection (5) of section
822 538.09, Florida Statutes, is reenacted to read:
823 538.09 Registration.—
824 (5) In addition to the fine provided in subsection (4),
825 registration under this section may be denied or any
826 registration granted may be revoked, restricted, or suspended by
827 the department if the department determines that the applicant
828 or registrant:
829 (f) Has, within the preceding 10-year period for new
830 registrants who apply for registration on or after October 1,
831 2006, been convicted of, or has entered a plea of guilty or nolo
832 contendere to, or had adjudication withheld for, a crime against
833 the laws of this state or any other state or of the United
834 States which relates to registration as a secondhand dealer or
835 which involves theft, larceny, dealing in stolen property,
836 receiving stolen property, burglary, embezzlement, obtaining
837 property by false pretenses, possession of altered property, any
838 felony drug offense, any violation of s. 812.015, or any
839 fraudulent dealing;
840
841 In the event the department determines to deny an application or
842 revoke a registration, it shall enter a final order with its
843 findings on the register of secondhand dealers and their
844 business associates, if any; and denial, suspension, or
845 revocation of the registration of a secondhand dealer shall also
846 deny, suspend, or revoke the registration of such secondhand
847 dealer’s business associates.
848 Section 25. For the purpose of incorporating the amendment
849 made by this act to section 812.015, Florida Statutes, in a
850 reference thereto, subsection (2) of section 538.23, Florida
851 Statutes, is reenacted to read:
852 538.23 Violations and penalties.—
853 (2) A secondary metals recycler is presumed to know upon
854 receipt of stolen regulated metals property in a purchase
855 transaction that the regulated metals property has been stolen
856 from another if the secondary metals recycler knowingly and
857 intentionally fails to maintain the information required in s.
858 538.19 and shall, upon conviction of a violation of s. 812.015,
859 be punished as provided in s. 812.014(2) or (3).
860 Section 26. For the purpose of incorporating the amendment
861 made by this act to section 812.019, Florida Statutes, in a
862 reference thereto, paragraph (bb) of subsection (1) of section
863 1012.315, Florida Statutes, is reenacted to read:
864 1012.315 Disqualification from employment.—A person is
865 ineligible for educator certification or employment in any
866 position that requires direct contact with students in a
867 district school system, charter school, or private school that
868 accepts scholarship students who participate in a state
869 scholarship program under chapter 1002 if the person has been
870 convicted of:
871 (1) Any felony offense prohibited under any of the
872 following statutes:
873 (bb) Section 812.019, relating to dealing in stolen
874 property.
875 Section 27. For the purpose of incorporating the amendments
876 made by this act to sections 812.014 and 812.015, Florida
877 Statutes, in references thereto, subsections (1) and (2) of
878 section 812.0155, Florida Statutes, are reenacted to read:
879 812.0155 Suspension of driver license following an
880 adjudication of guilt for theft.—
881 (1) Except as provided in subsections (2) and (3), the
882 court may order the suspension of the driver license of each
883 person adjudicated guilty of any misdemeanor violation of s.
884 812.014 or s. 812.015, regardless of the value of the property
885 stolen. Upon ordering the suspension of the driver license of
886 the person adjudicated guilty, the court shall forward the
887 driver license of the person adjudicated guilty to the
888 Department of Highway Safety and Motor Vehicles in accordance
889 with s. 322.25.
890 (a) The first suspension of a driver license under this
891 subsection shall be for a period of up to 6 months.
892 (b) A second or subsequent suspension of a driver license
893 under this subsection shall be for 1 year.
894 (2) The court may revoke, suspend, or withhold issuance of
895 a driver license of a person less than 18 years of age who
896 violates s. 812.014 or s. 812.015 as an alternative to
897 sentencing the person to:
898 (a) Probation as defined in s. 985.03 or commitment to the
899 Department of Juvenile Justice, if the person is adjudicated
900 delinquent for such violation and has not previously been
901 convicted of or adjudicated delinquent for any criminal offense,
902 regardless of whether adjudication was withheld.
903 (b) Probation as defined in s. 985.03, commitment to the
904 Department of Juvenile Justice, probation as defined in chapter
905 948, community control, or incarceration, if the person is
906 convicted as an adult of such violation and has not previously
907 been convicted of or adjudicated delinquent for any criminal
908 offense, regardless of whether adjudication was withheld.
909 Section 28. For the purpose of incorporating the amendments
910 made by this act to section 812.014, Florida Statutes, in a
911 reference thereto, subsection (3) of section 893.138, Florida
912 Statutes, is reenacted to read:
913 893.138 Local administrative action to abate drug-related,
914 prostitution-related, or stolen-property-related public
915 nuisances and criminal gang activity.—
916 (3) Any pain-management clinic, as described in s. 458.3265
917 or s. 459.0137, which has been used on more than two occasions
918 within a 6-month period as the site of a violation of:
919 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
920 relating to assault and battery;
921 (b) Section 810.02, relating to burglary;
922 (c) Section 812.014, relating to theft;
923 (d) Section 812.131, relating to robbery by sudden
924 snatching; or
925 (e) Section 893.13, relating to the unlawful distribution
926 of controlled substances,
927
928 may be declared to be a public nuisance, and such nuisance may
929 be abated pursuant to the procedures provided in this section.
930 Section 29. Except as otherwise expressly provided in this
931 act, this act shall take effect October 1, 2019.