Senate Bill sb1282c2
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Florida Senate - 2001 CS for CS for SB 1282
By the Committees on Commerce and Economic Opportunities;
Criminal Justice; and Senators Burt and Horne
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1 A bill to be entitled
2 An act relating to property crimes; amending s.
3 812.014, F.S.; providing second-degree-felony
4 penalties for theft of certain emergency
5 medical equipment; amending s. 812.015, F.S.;
6 redefining the term "retail theft" to include
7 theft of property and altering or removing a
8 universal product code; redefining the term
9 "antishoplifting or inventory control device"
10 to include electronic or digital imaging or
11 film used for security purposes and cash
12 register receipts; redefining the term
13 "antishoplifting or inventory control device
14 countermeasure" to include any item or device
15 used to defeat an antishoplifting or inventory
16 control device; authorizing a merchant or
17 merchant's employee to provide a business
18 address for purposes of any investigation with
19 respect to the offense of retail theft;
20 increasing the penalty for unlawfully
21 possessing antishoplifting or inventory control
22 device countermeasures; providing that it is a
23 third-degree felony to commit certain types of
24 retail theft; creating s. 812.0155, F.S.;
25 authorizing the court to order that a person's
26 driver's license be suspended following an
27 adjudication of guilt for certain misdemeanor
28 violations involving theft; requiring that the
29 court order that a person's driver's license be
30 suspended following a second or subsequent
31 adjudication of guilt for certain misdemeanor
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1 violations involving theft; providing for an
2 increased period of suspension for a second or
3 subsequent adjudication; authorizing the court
4 to revoke, suspend, or withhold issuance of a
5 minor's driver's license as an alternative to
6 certain other sanctions; creating s. 812.017,
7 F.S.; providing penalties for the use of a
8 fraudulently obtained or false receipt to
9 request a refund or obtain merchandise;
10 creating s. 812.0195, F.S.; providing penalties
11 for dealing in stolen property by use of the
12 Internet; creating s. 817.625, F.S.; providing
13 definitions; prohibiting the use of a scanning
14 device to access, read, obtain, memorize, or
15 store information encoded on a payment card
16 without the permission of the authorized user
17 of the payment card and with intent to defraud
18 certain individuals or entities; prohibiting
19 the use of a reencoder to place information
20 onto a payment card without the permission of
21 the authorized user of the payment card and
22 with intent to defraud certain individuals or
23 entities; providing a penalty; providing an
24 enhanced penalty for a second or subsequent
25 violation of the act; subjecting certain
26 violations to the Florida Contraband Forfeiture
27 Act; amending ss. 831.07, 831.08, 831.09, F.S.;
28 prohibiting forging a check or draft or
29 possessing or passing a forged check or draft;
30 providing penalties; reenacting s. 831.10,
31 F.S., relating to a second conviction of
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1 uttering forged bills, to incorporate the
2 amendment to s. 831.09, F.S., in references
3 thereto; amending s. 831.11, F.S.; prohibiting
4 bringing a forged or counterfeit check or draft
5 into the state; providing a penalty; amending
6 s. 831.12, F.S.; providing that connecting
7 together checks or drafts to produce an
8 additional check or draft constitutes the
9 offense of forgery; creating s. 831.28, F.S.;
10 providing a definition; prohibiting the
11 counterfeiting of payment instruments with
12 intent to defraud; prohibiting the possession
13 of a counterfeit payment instrument; providing
14 penalties; specifying acts that constitute
15 prima facie evidence of intent to defraud;
16 authorizing a law enforcement agency to produce
17 or display a counterfeit payment instrument for
18 training purposes; amending s. 832.05, F.S.,
19 relating to worthless checks, drafts, or debit
20 card orders; providing that prior passing of a
21 worthless check or draft is not notice to the
22 payee of insufficient funds to ensure payment
23 of a subsequent check or draft; amending s.
24 921.0022, F.S., relating to the offense
25 severity ranking chart of the Criminal
26 Punishment Code; conforming provisions to
27 changes made by the act; encouraging local law
28 enforcement agencies to establish a task force
29 on retail crime; providing direction on the
30 composition and operation of such a task force;
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1 providing for severability; providing an
2 effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Paragraph (b) of subsection (2) of section
7 812.014, Florida Statutes, is amended to read:
8 812.014 Theft.--
9 (2)
10 (b)1. If the property stolen is valued at $20,000 or
11 more, but less than $100,000; or
12 2. The property stolen is emergency medical equipment
13 valued at $300 or more which is taken from a facility licensed
14 under chapter 395 or from an aircraft or vehicle permitted
15 under chapter 401,
16
17 the offender commits grand theft in the second degree,
18 punishable as a felony of the second degree, as provided in s.
19 775.082, s. 775.083, or s. 775.084. As used in this paragraph,
20 the term "emergency medical equipment" means mechanical or
21 electronic apparatus used to provide emergency services and
22 care as defined in s. 395.002(10) or to treat medical
23 emergencies.
24 Section 2. Section 812.015, Florida Statutes, is
25 amended to read:
26 812.015 Retail and farm theft; transit fare evasion;
27 mandatory fine; alternative punishment; detention and arrest;
28 exemption from liability for false arrest; resisting arrest;
29 penalties.--
30 (1) As used in this section:
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1 (a) "Merchandise" means any personal property, capable
2 of manual delivery, displayed, held, or offered for retail
3 sale by a merchant.
4 (b) "Merchant" means an owner or operator, or the
5 agent, consignee, employee, lessee, or officer of an owner or
6 operator, of any premises or apparatus used for retail
7 purchase or sale of any merchandise.
8 (c) "Value of merchandise" means the sale price of the
9 merchandise at the time it was stolen or otherwise removed,
10 depriving the owner of her or his lawful right to ownership
11 and sale of said item.
12 (d) "Retail theft" means the taking possession of or
13 carrying away of merchandise, property, money, or negotiable
14 documents; altering or removing a label, universal product
15 code, or price tag; transferring merchandise from one
16 container to another; or removing a shopping cart, with intent
17 to deprive the merchant of possession, use, benefit, or full
18 retail value.
19 (e) "Farm produce" means livestock or any item grown,
20 produced, or manufactured by a person owning, renting, or
21 leasing land for the purpose of growing, producing, or
22 manufacturing items for sale or personal use, either part time
23 or full time.
24 (f) "Farmer" means a person who is engaging in the
25 growing or producing of farm produce, milk products, eggs, or
26 meat, either part time or full time, for personal consumption
27 or for sale and who is the owner or lessee of the land or a
28 person designated in writing by the owner or lessee to act as
29 her or his agent. No person defined as a farm labor contractor
30 pursuant to s. 450.28 shall be designated to act as an agent
31 for purposes of this section.
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1 (g) "Farm theft" means the unlawful taking possession
2 of any items that are grown or produced on land owned, rented,
3 or leased by another person.
4 (h) "Antishoplifting or inventory control device"
5 means a mechanism or other device designed and operated for
6 the purpose of detecting the removal from a mercantile
7 establishment or similar enclosure, or from a protected area
8 within such an enclosure, of specially marked or tagged
9 merchandise. The term includes any electronic or digital
10 imaging or any video recording or other film used for security
11 purposes and the cash register tape or other record made of
12 the register receipt.
13 (i) "Antishoplifting or inventory control device
14 countermeasure" means any item or device which is used,
15 designed, manufactured, modified, or altered to defeat any
16 antishoplifting or inventory control device.
17 (j) "Transit fare evasion" means the unlawful refusal
18 to pay the appropriate fare for transportation upon a mass
19 transit vehicle, or to evade the payment of such fare, or to
20 enter any mass transit vehicle or facility by any door,
21 passageway, or gate, except as provided for the entry of
22 fare-paying passengers, and shall constitute petit theft as
23 proscribed by this chapter.
24 (k) "Mass transit vehicle" means buses, rail cars, or
25 fixed-guideway mover systems operated by, or under contract
26 to, state agencies, political subdivisions of the state, or
27 municipalities for the transportation of fare-paying
28 passengers.
29 (l) "Transit agency" means any state agency, political
30 subdivision of the state, or municipality which operates mass
31 transit vehicles.
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1 (m) "Trespass" means the violation as described in s.
2 810.08.
3 (2) Upon a second or subsequent conviction for petit
4 theft from a merchant, farmer, or transit agency, the offender
5 shall be punished as provided in s. 812.014(3), except that
6 the court shall impose a fine of not less than $50 or more
7 than $1,000. However, in lieu of such fine, the court may
8 require the offender to perform public services designated by
9 the court. In no event shall any such offender be required to
10 perform fewer than the number of hours of public service
11 necessary to satisfy the fine assessed by the court, as
12 provided by this subsection, at the minimum wage prevailing in
13 the state at the time of sentencing.
14 (3)(a) A law enforcement officer, a merchant, a
15 farmer, or a transit agency's employee or agent, who has
16 probable cause to believe that a retail theft, farm theft, a
17 transit fare evasion, or trespass, or unlawful use or
18 attempted use of any antishoplifting or inventory control
19 device countermeasure, has been committed by a person and, in
20 the case of retail or farm theft, that the property can be
21 recovered by taking the offender into custody may, for the
22 purpose of attempting to effect such recovery or for
23 prosecution, take the offender into custody and detain the
24 offender in a reasonable manner for a reasonable length of
25 time. In the case of a farmer, taking into custody shall be
26 effectuated only on property owned or leased by the farmer.
27 In the event the merchant, merchant's employee, farmer, or a
28 transit agency's employee or agent takes the person into
29 custody, a law enforcement officer shall be called to the
30 scene immediately after the person has been taken into
31 custody.
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1 (b) The activation of an antishoplifting or inventory
2 control device as a result of a person exiting an
3 establishment or a protected area within an establishment
4 shall constitute reasonable cause for the detention of the
5 person so exiting by the owner or operator of the
6 establishment or by an agent or employee of the owner or
7 operator, provided sufficient notice has been posted to advise
8 the patrons that such a device is being utilized. Each such
9 detention shall be made only in a reasonable manner and only
10 for a reasonable period of time sufficient for any inquiry
11 into the circumstances surrounding the activation of the
12 device.
13 (c) The taking into custody and detention by a law
14 enforcement officer, merchant, merchant's employee, farmer, or
15 a transit agency's employee or agent, if done in compliance
16 with all the requirements of this subsection, shall not render
17 such law enforcement officer, merchant, merchant's employee,
18 farmer, or a transit agency's employee or agent, criminally or
19 civilly liable for false arrest, false imprisonment, or
20 unlawful detention.
21 (4) Any law enforcement officer may arrest, either on
22 or off the premises and without warrant, any person the
23 officer has probable cause to believe unlawfully possesses, or
24 is unlawfully using or attempting to use or has used or
25 attempted to use, any antishoplifting or inventory control
26 device countermeasure or has committed theft in a retail or
27 wholesale establishment or on commercial or private farm lands
28 of a farmer or transit fare evasion or trespass.
29 (5)(a) A merchant, merchant's employee, farmer, or a
30 transit agency's employee or agent who takes a person into
31 custody, as provided in subsection (3), or who causes an
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1 arrest, as provided in subsection (4), of a person for retail
2 theft, farm theft, transit fare evasion, or trespass shall not
3 be criminally or civilly liable for false arrest or false
4 imprisonment when the merchant, merchant's employee, farmer,
5 or a transit agency's employee or agent has probable cause to
6 believe that the person committed retail theft, farm theft,
7 transit fare evasion, or trespass.
8 (b) If a merchant or merchant's employee takes a
9 person into custody as provided in this section, or acts as a
10 witness with respect to any person taken into custody as
11 provided in this section, the merchant or merchant's employee
12 may provide his or her business address rather than home
13 address to any investigating law enforcement officer.
14 (6) An individual who, while committing or after
15 committing theft of property, transit fare evasion, or
16 trespass, resists the reasonable effort of a law enforcement
17 officer, merchant, merchant's employee, farmer, or a transit
18 agency's employee or agent to recover the property or cause
19 the individual to pay the proper transit fare or vacate the
20 transit facility which the law enforcement officer, merchant,
21 merchant's employee, farmer, or a transit agency's employee or
22 agent had probable cause to believe the individual had
23 concealed or removed from its place of display or elsewhere or
24 perpetrated a transit fare evasion or trespass commits a
25 misdemeanor of the first degree, punishable as provided in s.
26 775.082 or s. 775.083, unless the individual did not know, or
27 did not have reason to know, that the person seeking to
28 recover the property was a law enforcement officer, merchant,
29 merchant's employee, farmer, or a transit agency's employee or
30 agent. For purposes of this section the charge of theft and
31 the charge of resisting may be tried concurrently.
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1 (7) It is unlawful to possess, or use or attempt to
2 use, any antishoplifting or inventory control device
3 countermeasure within any premises used for the retail
4 purchase or sale of any merchandise. Any person who possesses
5 any antishoplifting or inventory control device countermeasure
6 within any premises used for the retail purchase or sale of
7 any merchandise commits a felony misdemeanor of the third
8 first degree, punishable as provided in s. 775.082, or s.
9 775.083, or s. 775.084. Any person who uses or attempts to
10 use any antishoplifting or inventory control device
11 countermeasure within any premises used for the retail
12 purchase or sale of any merchandise commits a felony of the
13 third degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 (8) If a person commits retail theft, it is a felony
16 of the third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084, if the property stolen is valued at
18 $300 or more, and the person:
19 (a) Individually, or in concert with one or more other
20 persons, coordinates the activities of one or more individuals
21 in committing the offense, in which case the amount of each
22 individual theft is aggregated to determine the value of the
23 property stolen;
24 (b) Commits theft from more than one location within a
25 48-hour period, in which case the amount of each individual
26 theft is aggregated to determine the value of the property
27 stolen;
28 (c) Acts in concert with one or more other individuals
29 within one or more establishments to distract the merchant,
30 merchant's employee, or law enforcement officer in order to
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1 carry out the offense, or acts in other ways to coordinate
2 efforts to carry out the offense; or
3 (d) Commits the offense through the purchase of
4 merchandise in a package or box that contains merchandise
5 other than, or in addition to, the merchandise purported to be
6 contained in the package or box.
7 (9) Any person who violates subsection (8) and who has
8 previously been convicted of a violation of subsection (8)
9 commits a felony of the second degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 Section 3. Section 812.0155, Florida Statutes, is
12 created to read:
13 812.0155 Suspension of driver's license following an
14 adjudication of guilt for theft.--
15 (1) Except as provided in subsections (2) and (3), the
16 court may order the suspension of the driver's license of each
17 person adjudicated guilty of any misdemeanor violation of s.
18 812.014 or s. 812.015, regardless of the value of the property
19 stolen. The court shall order the suspension of the driver's
20 license of each person adjudicated guilty of any misdemeanor
21 violation of s. 812.014 or s. 812.015 who has previously been
22 convicted of such an offense. Upon ordering the suspension of
23 the driver's license of the person adjudicated guilty, the
24 court shall forward the driver's license of the person
25 adjudicated guilty to the Department of Highway Safety and
26 Motor Vehicles in accordance with s. 322.25.
27 (a) The first suspension of a driver's license under
28 this subsection shall be for a period of up to 6 months.
29 (b) A second or subsequent suspension of a driver's
30 license under this subsection shall be for 1 year.
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1 (2) The court may revoke, suspend, or withhold
2 issuance of a driver's license of a person less than 18 years
3 of age who violates s. 812.014 or s. 812.015 as an alternative
4 to sentencing the person to:
5 (a) Probation as defined in s. 985.03 or commitment to
6 the Department of Juvenile Justice, if the person is
7 adjudicated delinquent for such violation and has not
8 previously been convicted of or adjudicated delinquent for any
9 criminal offense, regardless of whether adjudication was
10 withheld.
11 (b) Probation as defined in s. 985.03, commitment to
12 the Department of Juvenile Justice, probation as defined in s.
13 948.01, community control, or incarceration, if the person is
14 convicted as an adult of such violation and has not previously
15 been convicted of or adjudicated delinquent for any criminal
16 offense, regardless of whether adjudication was withheld.
17 (3) As used in this subsection, the term "department"
18 means the Department of Highway Safety and Motor Vehicles. A
19 court that revokes, suspends, or withholds issuance of a
20 driver's license under subsection (2) shall do so as follows:
21 (a) If the person is eligible by reason of age for a
22 driver's license or driving privilege, the court shall direct
23 the department to revoke or withhold issuance of the person's
24 driver's license or driving privilege for not less than 6
25 months and not more than 1 year.
26 (b) If the person's driver's license is under
27 suspension or revocation for any reason, the court shall
28 direct the department to extend the period of suspension or
29 revocation by not less than 6 months and not more than 1 year.
30 (c) If the person is ineligible by reason of age for a
31 driver's license or driving privilege, the court shall direct
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1 the department to withhold issuance of the person's driver's
2 license or driving privilege for not less than 6 months and
3 not more than 1 year after the date on which the person would
4 otherwise become eligible.
5 (4) Subsections (2) and (3) do not preclude the court
6 from imposing any sanction specified or not specified in
7 subsection (2) or subsection (3).
8 Section 4. Section 812.017, Florida Statutes, is
9 created to read:
10 812.017 Use of a fraudulently obtained or false
11 receipt.--
12 (1) Any person who requests a refund of merchandise,
13 money, or any other thing of value through the use of a
14 fraudulently obtained receipt or false receipt commits a
15 misdemeanor of the second degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 (2) Any person who obtains merchandise, money, or any
18 other thing of value through the use of a fraudulently
19 obtained receipt or false receipt commits a misdemeanor of the
20 first degree, punishable as provided in s. 775.082 or s.
21 775.083.
22 Section 5. Section 812.0195, Florida Statutes, is
23 created to read:
24 812.0195 Dealing in stolen property by use of the
25 Internet.--Any person in this state who uses the Internet to
26 sell or offer for sale any merchandise or other property that
27 the person knows, or has reasonable cause to believe, is
28 stolen commits:
29 (1) A misdemeanor of the second degree, punishable as
30 provided in s. 775.082 or s. 775.083, if the value of the
31 property is less than $300.
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1 (2) A felony of the third degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084, if the
3 value of the property is $300 or more.
4 Section 6. Section 817.625, Florida Statutes, is
5 created to read:
6 817.625 Use of scanning device or reencoder to
7 defraud; penalties.--
8 (1) As used in this section, the term:
9 (a) "Scanning device" means a scanner, reader, or any
10 other electronic device that is used to access, read, scan,
11 obtain, memorize, or store, temporarily or permanently,
12 information encoded on the magnetic strip or stripe of a
13 payment card.
14 (b) "Reencoder" means an electronic device that places
15 encoded information from the magnetic strip or stripe of a
16 payment card onto the magnetic strip or stripe of a different
17 payment card.
18 (c) "Payment card" means a credit card, charge card,
19 debit card, or any other card that is issued to an authorized
20 card user and that allows the user to obtain, purchase, or
21 receive goods, services, money, or anything else of value from
22 a merchant.
23 (d) "Merchant" means a person who receives from an
24 authorized user of a payment card, or someone the person
25 believes to be an authorized user, a payment card or
26 information from a payment card, or what the person believes
27 to be a payment card or information from a payment card, as
28 the instrument for obtaining, purchasing, or receiving goods,
29 services, money, or anything else of value from the person.
30
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1 (2)(a) It is a felony of the third degree, punishable
2 as provided in s. 775.082, s. 775.083, or s. 775.084, for a
3 person to use:
4 1. A scanning device to access, read, obtain,
5 memorize, or store, temporarily or permanently, information
6 encoded on the magnetic strip or stripe of a payment card
7 without the permission of the authorized user of the payment
8 card and with the intent to defraud the authorized user, the
9 issuer of the authorized user's payment card, or a merchant.
10 2. A reencoder to place information encoded on the
11 magnetic strip or stripe of a payment card onto the magnetic
12 strip or stripe of a different card without the permission of
13 the authorized user of the card from which the information is
14 being reencoded and with the intent to defraud the authorized
15 user, the issuer of the authorized user's payment card, or a
16 merchant.
17 (b) Any person who violates subparagraph (a)1. or
18 subparagraph (a)2. a second or subsequent time commits a
19 felony of the second degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 (c) Any person who violates subparagraph (a)1. or
22 subparagraph (a)2. shall also be subject to the provisions of
23 ss. 932.701-932.707.
24 Section 7. Section 831.07, Florida Statutes, is
25 amended to read:
26 831.07 Forging bank bills, checks, drafts, or
27 promissory notes.--Whoever falsely makes, alters, forges or
28 counterfeits a bank bill, check, draft, or promissory note
29 payable to the bearer thereof, or to the order of any person,
30 issued by an incorporated banking company established in this
31 state, or within the United States, or any foreign province,
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1 state, or government, with intent to injure any person,
2 commits shall be guilty of a felony of the third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 Section 8. Section 831.08, Florida Statutes, is
6 amended to read:
7 831.08 Possessing certain forged notes, or bills,
8 checks, or drafts.--Whoever has in his or her possession 10 or
9 more similar false, altered, forged, or counterfeit notes,
10 bills of credit, bank bills, checks, drafts, or notes, such as
11 are mentioned in any of the preceding sections of this
12 chapter, payable to the bearer thereof or to the order of any
13 person, knowing the same to be false, altered, forged, or
14 counterfeit, with intent to utter and pass the same as true,
15 and thereby to injure or defraud any person, commits shall be
16 guilty of a felony of the third degree, punishable as provided
17 in s. 775.082, s. 775.083, or s. 775.084.
18 Section 9. Section 831.09, Florida Statutes, is
19 amended to read:
20 831.09 Uttering forged bills, checks, drafts, or
21 notes.--Whoever utters or passes or tenders in payment as
22 true, any such false, altered, forged, or counterfeit note, or
23 any bank bill, check, draft, or promissory note, payable to
24 the bearer thereof or to the order of any person, issued as
25 aforesaid, knowing the same to be false, altered, forged, or
26 counterfeit, with intent to injure or defraud any person,
27 commits shall be guilty of a felony of the third degree,
28 punishable as provided in s. 775.082, s. 775.083, or s.
29 775.084.
30 Section 10. For the purpose of incorporating the
31 amendments made by this act to section 831.09, Florida
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1 Statutes, in references thereto, section 831.10, Florida
2 Statutes, is reenacted to read:
3 831.10 Second conviction of uttering forged
4 bills.--Whoever, having been convicted of the offense
5 mentioned in s. 831.09 is again convicted of the like offense
6 committed after the former conviction, and whoever is at the
7 same term of the court convicted upon three distinct charges
8 of such offense, shall be deemed a common utterer of
9 counterfeit bills, and shall be punished as provided in s.
10 775.084.
11 Section 11. Section 831.11, Florida Statutes, is
12 amended to read:
13 831.11 Bringing into the state forged bank bills,
14 checks, drafts, or notes.--Whoever brings into this state or
15 has in his or her possession a false, forged, or counterfeit
16 bill, check, draft, or note in the similitude of the bills or
17 notes payable to the bearer thereof or to the order of any
18 person issued by or for any bank or banking company
19 established in this state, or within the United States, or any
20 foreign province, state or government, with intent to utter
21 and pass the same or to render the same current as true,
22 knowing the same to be false, forged, or counterfeit, commits
23 shall be guilty of a felony of the third degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084.
25 Section 12. Section 831.12, Florida Statutes, is
26 amended to read:
27 831.12 Fraudulently connecting parts of genuine
28 instrument.--Whoever fraudulently connects together parts of
29 several banknotes, checks, drafts, or other genuine
30 instruments in such a manner as to produce one additional
31 note, check, draft, or instrument, with intent to pass all of
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1 them as genuine, commits shall be deemed guilty of forgery in
2 like manner as if each of them had been falsely made or
3 forged.
4 Section 13. Section 831.28, Florida Statutes, is
5 created to read:
6 831.28 Counterfeiting a payment instrument; possessing
7 a counterfeit payment instrument; penalties.--
8 (1) As used in this section, the term "counterfeit"
9 means the manufacture of or arrangement to manufacture a
10 payment instrument, as defined in s. 560.103, without the
11 permission of the financial institution, account holder, or
12 organization whose name, routing number, or account number
13 appears on the payment instrument, or the manufacture of any
14 payment instrument with a fictitious name, routing number, or
15 account number.
16 (2)(a) It is unlawful to counterfeit a payment
17 instrument with the intent to defraud a financial institution,
18 account holder, or any other person or organization or for a
19 person to have any counterfeit payment instrument in such
20 person's possession. Any person who violates this subsection
21 commits a felony of the third degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 (b) The printing of a payment instrument in the name
24 of a person or entity or with the routing number or account
25 number of a person or entity without the permission of the
26 person or entity to manufacture or reproduce such payment
27 instrument with such name, routing number, or account number
28 is prima facie evidence of intent to defraud.
29 (3) This section does not apply to a law enforcement
30 agency that produces or displays counterfeit payment
31 instruments for investigative or educational purposes.
18
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1 Section 14. Subsection (10) is added to section
2 832.05, Florida Statutes, to read:
3 832.05 Giving worthless checks, drafts, and debit card
4 orders; penalty; duty of drawee; evidence; costs; complaint
5 form.--
6 (10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT
7 FUNDS.--For the purposes of construction of this section, a
8 payee or holder does not have knowledge, express notification,
9 or reason to believe that the maker or drawer has insufficient
10 funds to ensure payment of a check, draft, or debit card
11 solely because the maker or drawer has previously drawn or
12 issued a worthless check, draft, or debit card order to the
13 payee or holder.
14 Section 15. Paragraphs (b), (c), (d), (e), (f), and
15 (g) of subsection (3) of section 921.0022, Florida Statutes,
16 are amended to read:
17 921.0022 Criminal Punishment Code; offense severity
18 ranking chart.--
19 (3) OFFENSE SEVERITY RANKING CHART
20
21 Florida Felony
22 Statute Degree Description
23
24
25 (b) LEVEL 2
26 403.413(5)(c) 3rd Dumps waste litter exceeding 500
27 lbs. in weight or 100 cubic feet
28 in volume or any quantity for
29 commercial purposes, or hazardous
30 waste.
31
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1 517.07 3rd Registration of securities and
2 furnishing of prospectus
3 required.
4 590.28(1) 3rd Willful, malicious, or
5 intentional burning.
6 784.05(3) 3rd Storing or leaving a loaded
7 firearm within reach of minor who
8 uses it to inflict injury or
9 death.
10 787.04(1) 3rd In violation of court order,
11 take, entice, etc., minor beyond
12 state limits.
13 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
14 or more to public communication
15 or any other public service.
16 810.09(2)(e) 3rd Trespassing on posted commerical
17 horticulture property.
18 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
19 more but less than $5,000.
20 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
21 more but less than $300, taken
22 from unenclosed curtilage of
23 dwelling.
24 812.015(7) 3rd Possession, use, or attempted use
25 of an antishoplifting or
26 inventory control device
27 countermeasure.
28 817.234(1)(a)2. 3rd False statement in support of
29 insurance claim.
30
31
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1 817.481(3)(a) 3rd Obtain credit or purchase with
2 false, expired, counterfeit,
3 etc., credit card, value over
4 $300.
5 817.52(3) 3rd Failure to redeliver hired
6 vehicle.
7 817.54 3rd With intent to defraud, obtain
8 mortgage note, etc., by false
9 representation.
10 817.60(5) 3rd Dealing in credit cards of
11 another.
12 817.60(6)(a) 3rd Forgery; purchase goods, services
13 with false card.
14 817.61 3rd Fraudulent use of credit cards
15 over $100 or more within 6
16 months.
17 826.04 3rd Knowingly marries or has sexual
18 intercourse with person to whom
19 related.
20 831.01 3rd Forgery.
21 831.02 3rd Uttering forged instrument;
22 utters or publishes alteration
23 with intent to defraud.
24 831.07 3rd Forging bank bills, checks,
25 drafts, or promissory notes note.
26 831.08 3rd Possessing Possession of 10 or
27 more forged notes, bills, checks,
28 or drafts.
29
30
31
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1 831.09 3rd Uttering forged notes, bills,
2 checks, drafts, or promissory
3 notes; passes as bank bill or
4 promissory note.
5 831.11 3rd Bringing into the state forged
6 bank bills, checks, drafts, or
7 notes.
8 832.05(3)(a) 3rd Cashing or depositing item with
9 intent to defraud.
10 843.08 3rd Falsely impersonating an officer.
11 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
12 (2)(c)1., (2)(c)2., (2)(c)3.,
13 (2)(c)5., (2)(c)6., (2)(c)7.,
14 (2)(c)8., (2)(c)9., (3), or (4)
15 drugs other than cannabis.
16 893.147(2) 3rd Manufacture or delivery of drug
17 paraphernalia.
18 (c) LEVEL 3
19 316.1935(2) 3rd Fleeing or attempting to elude
20 law enforcement officer in marked
21 patrol vehicle with siren and
22 lights activated.
23 319.30(4) 3rd Possession by junkyard of motor
24 vehicle with identification
25 number plate removed.
26 319.33(1)(a) 3rd Alter or forge any certificate of
27 title to a motor vehicle or
28 mobile home.
29 319.33(1)(c) 3rd Procure or pass title on stolen
30 vehicle.
31
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1 319.33(4) 3rd With intent to defraud, possess,
2 sell, etc., a blank, forged, or
3 unlawfully obtained title or
4 registration.
5 328.05(2) 3rd Possess, sell, or counterfeit
6 fictitious, stolen, or fraudulent
7 titles or bills of sale of
8 vessels.
9 328.07(4) 3rd Manufacture, exchange, or possess
10 vessel with counterfeit or wrong
11 ID number.
12 376.302(5) 3rd Fraud related to reimbursement
13 for cleanup expenses under the
14 Inland Protection Trust Fund.
15 501.001(2)(b) 2nd Tampers with a consumer product
16 or the container using materially
17 false/misleading information.
18 697.08 3rd Equity skimming.
19 790.15(3) 3rd Person directs another to
20 discharge firearm from a vehicle.
21 796.05(1) 3rd Live on earnings of a prostitute.
22 806.10(1) 3rd Maliciously injure, destroy, or
23 interfere with vehicles or
24 equipment used in firefighting.
25 806.10(2) 3rd Interferes with or assaults
26 firefighter in performance of
27 duty.
28 810.09(2)(c) 3rd Trespass on property other than
29 structure or conveyance armed
30 with firearm or dangerous weapon.
31
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1 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
2 less than $10,000.
3 815.04(4)(b) 2nd Computer offense devised to
4 defraud or obtain property.
5 817.034(4)(a)3. 3rd Engages in scheme to defraud
6 (Florida Communications Fraud
7 Act), property valued at less
8 than $20,000.
9 817.233 3rd Burning to defraud insurer.
10 828.12(2) 3rd Tortures any animal with intent
11 to inflict intense pain, serious
12 physical injury, or death.
13 831.28(2)(a) 3rd Counterfeiting a payment
14 instrument with intent to defraud
15 or possessing a counterfeit
16 payment instrument.
17 831.29 2nd Possession of instruments for
18 counterfeiting drivers' licenses
19 or identification cards.
20 838.021(3)(b) 3rd Threatens unlawful harm to public
21 servant.
22 843.19 3rd Injure, disable, or kill police
23 dog or horse.
24 870.01(2) 3rd Riot; inciting or encouraging.
25 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
26 cannabis (or other s.
27 893.03(1)(c), (2)(c)1., (2)(c)2.,
28 (2)(c)3., (2)(c)5., (2)(c)6.,
29 (2)(c)7., (2)(c)8., (2)(c)9.,
30 (3), or (4) drugs).
31
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1 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
2 893.03(1)(c), (2)(c)1., (2)(c)2.,
3 (2)(c)3., (2)(c)5., (2)(c)6.,
4 (2)(c)7., (2)(c)8., (2)(c)9.,
5 (3), or (4) drugs within 200 feet
6 of university or public park.
7 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 200 feet
12 of public housing facility.
13 893.13(6)(a) 3rd Possession of any controlled
14 substance other than felony
15 possession of cannabis.
16 893.13(7)(a)9. 3rd Obtain or attempt to obtain
17 controlled substance by fraud,
18 forgery, misrepresentation, etc.
19 893.13(7)(a)11. 3rd Furnish false or fraudulent
20 material information on any
21 document or record required by
22 chapter 893.
23 918.13(1)(a) 3rd Alter, destroy, or conceal
24 investigation evidence.
25 944.47
26 (1)(a)1.-2. 3rd Introduce contraband to
27 correctional facility.
28 944.47(1)(c) 2nd Possess contraband while upon the
29 grounds of a correctional
30 institution.
31
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1 985.3141 3rd Escapes from a juvenile facility
2 (secure detention or residential
3 commitment facility).
4 (d) LEVEL 4
5 316.1935(3) 2nd Driving at high speed or with
6 wanton disregard for safety while
7 fleeing or attempting to elude
8 law enforcement officer who is in
9 a marked patrol vehicle with
10 siren and lights activated.
11 784.07(2)(b) 3rd Battery of law enforcement
12 officer, firefighter, intake
13 officer, etc.
14 784.075 3rd Battery on detention or
15 commitment facility staff.
16 784.08(2)(c) 3rd Battery on a person 65 years of
17 age or older.
18 784.081(3) 3rd Battery on specified official or
19 employee.
20 784.082(3) 3rd Battery by detained person on
21 visitor or other detainee.
22 784.083(3) 3rd Battery on code inspector.
23 784.085 3rd Battery of child by throwing,
24 tossing, projecting, or expelling
25 certain fluids or materials.
26 787.03(1) 3rd Interference with custody;
27 wrongly takes child from
28 appointed guardian.
29
30
31
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1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b) 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
30
31
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1 812.014
2 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
3 firearm, motor vehicle,
4 livestock, etc.
5 812.0195(2) 3rd Dealing in stolen property by use
6 of the Internet; property stolen
7 $300 or more.
8 817.563(1) 3rd Sell or deliver substance other
9 than controlled substance agreed
10 upon, excluding s. 893.03(5)
11 drugs.
12 817.625(2)(a) 3rd Fraudulent use of scanning device
13 or reencoder.
14 828.125(1) 2nd Kill, maim, or cause great bodily
15 harm or permanent breeding
16 disability to any registered
17 horse or cattle.
18 837.02(1) 3rd Perjury in official proceedings.
19 837.021(1) 3rd Make contradictory statements in
20 official proceedings.
21 843.021 3rd Possession of a concealed
22 handcuff key by a person in
23 custody.
24 843.025 3rd Deprive law enforcement,
25 correctional, or correctional
26 probation officer of means of
27 protection or communication.
28 843.15(1)(a) 3rd Failure to appear while on bail
29 for felony (bond estreature or
30 bond jumping).
31
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1 874.05(1) 3rd Encouraging or recruiting another
2 to join a criminal street gang.
3 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
4 893.03(1)(a), (b), or (d),
5 (2)(a), (2)(b), or (2)(c)4.
6 drugs).
7 914.14(2) 3rd Witnesses accepting bribes.
8 914.22(1) 3rd Force, threaten, etc., witness,
9 victim, or informant.
10 914.23(2) 3rd Retaliation against a witness,
11 victim, or informant, no bodily
12 injury.
13 918.12 3rd Tampering with jurors.
14 (e) LEVEL 5
15 316.027(1)(a) 3rd Accidents involving personal
16 injuries, failure to stop;
17 leaving scene.
18 316.1935(4) 2nd Aggravated fleeing or eluding.
19 322.34(6) 3rd Careless operation of motor
20 vehicle with suspended license,
21 resulting in death or serious
22 bodily injury.
23 327.30(5) 3rd Vessel accidents involving
24 personal injury; leaving scene.
25 381.0041(11)(b) 3rd Donate blood, plasma, or organs
26 knowing HIV positive.
27 790.01(2) 3rd Carrying a concealed firearm.
28 790.162 2nd Threat to throw or discharge
29 destructive device.
30 790.163 2nd False report of deadly explosive.
31
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1 790.165(2) 3rd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.221(1) 2nd Possession of short-barreled
4 shotgun or machine gun.
5 790.23 2nd Felons in possession of firearms
6 or electronic weapons or devices.
7 800.04(6)(c) 3rd Lewd or lascivious conduct;
8 offender less than 18 years.
9 800.04(7)(c) 2nd Lewd or lascivious exhibition;
10 offender 18 years or older.
11 806.111(1) 3rd Possess, manufacture, or dispense
12 fire bomb with intent to damage
13 any structure or property.
14 812.019(1) 2nd Stolen property; dealing in or
15 trafficking in.
16 812.131(2)(b) 3rd Robbery by sudden snatching.
17 812.16(2) 3rd Owning, operating, or conducting
18 a chop shop.
19 817.034(4)(a)2. 2nd Communications fraud, value
20 $20,000 to $50,000.
21 817.625(2)(b) 2nd Second or subsequent fraudulent
22 use of scanning device or
23 reencoder.
24 825.1025(4) 3rd Lewd or lascivious exhibition in
25 the presence of an elderly person
26 or disabled adult.
27 827.071(4) 2nd Possess with intent to promote
28 any photographic material, motion
29 picture, etc., which includes
30 sexual conduct by a child.
31
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1 843.01 3rd Resist officer with violence to
2 person; resist arrest with
3 violence.
4 874.05(2) 2nd Encouraging or recruiting another
5 to join a criminal street gang;
6 second or subsequent offense.
7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
8 cocaine (or other s.
9 893.03(1)(a), (1)(b), (1)(d),
10 (2)(a), (2)(b), or (2)(c)4.
11 drugs).
12 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
13 cannabis (or other s.
14 893.03(1)(c), (2)(c)1., (2)(c)2.,
15 (2)(c)3., (2)(c)5., (2)(c)6.,
16 (2)(c)7., (2)(c)8., (2)(c)9.,
17 (3), or (4) drugs) within 1,000
18 feet of a child care facility or
19 school.
20 893.13(1)(d)1. 1st Sell, manufacture, or deliver
21 cocaine (or other s.
22 893.03(1)(a), (1)(b), (1)(d),
23 (2)(a), (2)(b), or (2)(c)4.
24 drugs) within 200 feet of
25 university or public park.
26
27
28
29
30
31
31
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1 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
2 cannabis or other drug prohibited
3 under s. 893.03(1)(c), (2)(c)1.,
4 (2)(c)2., (2)(c)3., (2)(c)5.,
5 (2)(c)6., (2)(c)7., (2)(c)8.,
6 (2)(c)9., (3), or (4) within
7 1,000 feet of property used for
8 religious services or a specified
9 business site.
10 893.13(1)(f)1. 1st Sell, manufacture, or deliver
11 cocaine (or other s.
12 893.03(1)(a), (1)(b), (1)(d), or
13 (2)(a), (2)(b), or (2)(c)4.
14 drugs) within 200 feet of public
15 housing facility.
16 893.13(4)(b) 2nd Deliver to minor cannabis (or
17 other s. 893.03(1)(c), (2)(c)1.,
18 (2)(c)2., (2)(c)3., (2)(c)5.,
19 (2)(c)6., (2)(c)7., (2)(c)8.,
20 (2)(c)9., (3), or (4) drugs).
21 (f) LEVEL 6
22 316.027(1)(b) 2nd Accident involving death, failure
23 to stop; leaving scene.
24 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
25 conviction.
26 775.0875(1) 3rd Taking firearm from law
27 enforcement officer.
28 775.21(10) 3rd Sexual predators; failure to
29 register; failure to renew
30 driver's license or
31 identification card.
32
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1 784.021(1)(a) 3rd Aggravated assault; deadly weapon
2 without intent to kill.
3 784.021(1)(b) 3rd Aggravated assault; intent to
4 commit felony.
5 784.041 3rd Felony battery.
6 784.048(3) 3rd Aggravated stalking; credible
7 threat.
8 784.048(5) 3rd Aggravated stalking of person
9 under 16.
10 784.07(2)(c) 2nd Aggravated assault on law
11 enforcement officer.
12 784.08(2)(b) 2nd Aggravated assault on a person 65
13 years of age or older.
14 784.081(2) 2nd Aggravated assault on specified
15 official or employee.
16 784.082(2) 2nd Aggravated assault by detained
17 person on visitor or other
18 detainee.
19 784.083(2) 2nd Aggravated assault on code
20 inspector.
21 787.02(2) 3rd False imprisonment; restraining
22 with purpose other than those in
23 s. 787.01.
24 790.115(2)(d) 2nd Discharging firearm or weapon on
25 school property.
26 790.161(2) 2nd Make, possess, or throw
27 destructive device with intent to
28 do bodily harm or damage
29 property.
30
31
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1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 800.04(5)(d) 3rd Lewd or lascivious molestation;
13 victim 12 years of age or older
14 but less than 16 years; offender
15 less than 18 years.
16 800.04(6)(b) 2nd Lewd or lascivious conduct;
17 offender 18 years of age or
18 older.
19 806.031(2) 2nd Arson resulting in great bodily
20 harm to firefighter or any other
21 person.
22 810.02(3)(c) 2nd Burglary of occupied structure;
23 unarmed; no assault or battery.
24 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
25 but less than $100,000, grand
26 theft in 2nd degree.
27 812.015(9) 2nd Retail theft; property stolen
28 $300 or more; second or
29 subsequent conviction.
30 812.13(2)(c) 2nd Robbery, no firearm or other
31 weapon (strong-arm robbery).
34
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1 817.034(4)(a)1. 1st Communications fraud, value
2 greater than $50,000.
3 817.4821(5) 2nd Possess cloning paraphernalia
4 with intent to create cloned
5 cellular telephones.
6 825.102(1) 3rd Abuse of an elderly person or
7 disabled adult.
8 825.102(3)(c) 3rd Neglect of an elderly person or
9 disabled adult.
10 825.1025(3) 3rd Lewd or lascivious molestation of
11 an elderly person or disabled
12 adult.
13 825.103(2)(c) 3rd Exploiting an elderly person or
14 disabled adult and property is
15 valued at less than $20,000.
16 827.03(1) 3rd Abuse of a child.
17 827.03(3)(c) 3rd Neglect of a child.
18 827.071(2)&(3) 2nd Use or induce a child in a sexual
19 performance, or promote or direct
20 such performance.
21 836.05 2nd Threats; extortion.
22 836.10 2nd Written threats to kill or do
23 bodily injury.
24 843.12 3rd Aids or assists person to escape.
25 847.0135(3) 3rd Solicitation of a child, via a
26 computer service, to commit an
27 unlawful sex act.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
31
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1 943.0435(9) 3rd Sex offenders; failure to comply
2 with reporting requirements.
3 944.35(3)(a)2. 3rd Committing malicious battery upon
4 or inflicting cruel or inhuman
5 treatment on an inmate or
6 offender on community
7 supervision, resulting in great
8 bodily harm.
9 944.40 2nd Escapes.
10 944.46 3rd Harboring, concealing, aiding
11 escaped prisoners.
12 944.47(1)(a)5. 2nd Introduction of contraband
13 (firearm, weapon, or explosive)
14 into correctional facility.
15 951.22(1) 3rd Intoxicating drug, firearm, or
16 weapon introduced into county
17 facility.
18 (g) LEVEL 7
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
22 bodily injury.
23 402.319(2) 2nd Misrepresentation and negligence
24 or intentional act resulting in
25 great bodily harm, permanent
26 disfiguration, permanent
27 disability, or death.
28 409.920(2) 3rd Medicaid provider fraud.
29 456.065(2) 3rd Practicing a health care
30 profession without a license.
31
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1 456.065(2) 2nd Practicing a health care
2 profession without a license
3 which results in serious bodily
4 injury.
5 458.327(1) 3rd Practicing medicine without a
6 license.
7 459.013(1) 3rd Practicing osteopathic medicine
8 without a license.
9 460.411(1) 3rd Practicing chiropractic medicine
10 without a license.
11 461.012(1) 3rd Practicing podiatric medicine
12 without a license.
13 462.17 3rd Practicing naturopathy without a
14 license.
15 463.015(1) 3rd Practicing optometry without a
16 license.
17 464.016(1) 3rd Practicing nursing without a
18 license.
19 465.015(2) 3rd Practicing pharmacy without a
20 license.
21 466.026(1) 3rd Practicing dentistry or dental
22 hygiene without a license.
23 467.201 3rd Practicing midwifery without a
24 license.
25 468.366 3rd Delivering respiratory care
26 services without a license.
27 483.828(1) 3rd Practicing as clinical laboratory
28 personnel without a license.
29 483.901(9) 3rd Practicing medical physics
30 without a license.
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1 484.053 3rd Dispensing hearing aids without a
2 license.
3 494.0018(2) 1st Conviction of any violation of
4 ss. 494.001-494.0077 in which the
5 total money and property
6 unlawfully obtained exceeded
7 $50,000 and there were five or
8 more victims.
9 560.123(8)(b)1. 3rd Failure to report currency or
10 payment instruments exceeding
11 $300 but less than $20,000 by
12 money transmitter.
13 560.125(5)(a) 3rd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments exceeding
16 $300 but less than $20,000.
17 655.50(10)(b)1. 3rd Failure to report financial
18 transactions exceeding $300 but
19 less than $20,000 by financial
20 institution.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
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1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 790.166(3) 2nd Possessing, selling, using, or
4 attempting to use a hoax weapon
5 of mass destruction.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
12 victim 12 years of age or older
13 but less than 16 years; offender
14 18 years or older.
15 806.01(2) 2nd Maliciously damage structure by
16 fire or explosive.
17 810.02(3)(a) 2nd Burglary of occupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
20 unarmed; no assault or battery.
21 810.02(3)(d) 2nd Burglary of occupied conveyance;
22 unarmed; no assault or battery.
23 812.014(2)(a)1. 1st Property stolen, valued at
24 $100,000 or more; property stolen
25 while causing other property
26 damage; 1st degree grand theft.
27 812.014(2)(b)2. 2nd Property stolen, emergency
28 medical equipment; 2nd degree
29 grand theft.
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1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.131(2)(a) 2nd Robbery by sudden snatching.
6 812.133(2)(b) 1st Carjacking; no firearm, deadly
7 weapon, or other weapon.
8 825.102(3)(b) 2nd Neglecting an elderly person or
9 disabled adult causing great
10 bodily harm, disability, or
11 disfigurement.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(b) 2nd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $20,000 or more, but
18 less than $100,000.
19 827.03(3)(b) 2nd Neglect of a child causing great
20 bodily harm, disability, or
21 disfigurement.
22 827.04(3) 3rd Impregnation of a child under 16
23 years of age by person 21 years
24 of age or older.
25 837.05(2) 3rd Giving false information about
26 alleged capital felony to a law
27 enforcement officer.
28 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)1. 1st Sell, manufacture, or deliver
2 cocaine (or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), (2)(b), or
5 (2)(c)4.) within 1,000 feet of a
6 child care facility or school.
7 893.13(1)(e)1. 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), (2)(b), or
11 (2)(c)4., within 1,000 feet of
12 property used for religious
13 services or a specified business
14 site.
15 893.13(4)(a) 1st Deliver to minor cocaine (or
16 other s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4. drugs).
19 893.135(1)(a)1. 1st Trafficking in cannabis, more
20 than 50 lbs., less than 2,000
21 lbs.
22 893.135
23 (1)(b)1.a. 1st Trafficking in cocaine, more than
24 28 grams, less than 200 grams.
25 893.135
26 (1)(c)1.a. 1st Trafficking in illegal drugs,
27 more than 4 grams, less than 14
28 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less then 5
23 kilograms.
24 893.135
25 (1)(j)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6 Section 16. Local task force on retail crime.--The
7 Legislature encourages local law enforcement agencies to
8 establish a task force on retail crime. The task force should
9 act as an advisory body to study the problem of retail crime
10 and develop recommendations for handling retail crime and
11 theft in an expeditious and uniform manner. The task force
12 should submit its recommendations to the sheriff or chief
13 officer of the local law enforcement agency, the state
14 attorney, and the chief judge of the judicial circuit. The
15 sheriff or chief officer of the local law enforcement agency
16 should appoint the members of the task force. A majority of
17 the membership of the task force should consist of persons
18 actively engaged in a retail business or employees of persons
19 actively engaged in a retail business. The task force should
20 terminate existence upon completing its assignment.
21 Section 17. If any provision of this act or the
22 applications thereof to any person or circumstance is held
23 invalid, the invalidity does not affect other provisions or
24 applications of the act which can be given effect without the
25 invalid provision or application, and to this end the
26 provisions of this act are declared severable.
27 Section 18. This act shall take effect July 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 1282
3
4 The committee substitute makes the following changes to CS/SB
1282:
5
1) Provides penalties for theft of certain emergency
6 medical equipment.
7 2) Strikes the description of the term "merchant's
employee," which included certain private security
8 guards.
9 3) Adds electronic or digital imaging to the definition of
the term "antishoplifting or inventory control device."
10
4) Changes the offense of retail theft from a second-degree
11 felony, if the property stolen is valued at $150 or more
and certain "conditions" exist, to a third-degree
12 felony, if the property is valued at $300 or more and
certain "conditions" exist. Deletes the following from
13 the list of "conditions": unlawful possession of drugs
or drug paraphernalia at the time of arrest and
14 coordination of efforts between or among individuals in
order to commit an offense.
15
5) Provides that a repeat offender of the retail theft
16 provision created by the committee substitute commits a
second-degree felony.
17
6) Except in certain circumstances, authorizes, rather than
18 requires, the court to order the suspension of the
driver's license of each person adjudicated guilty of
19 certain misdemeanor theft violations. Requires the court
to order the suspension of a repeat offender's license.
20
7) With regard to dealing in stolen property over the
21 Internet, provides that it is a second-degree
misdemeanor if the value of the stolen property is less
22 than $300 (instead of $150) and that it is a
third-degree felony if the value of the stolen property
23 is $300 or more (instead of $150 or more).
24 8) Clarifies that, with regard to the illegal use of a
scanning device or a reencoder, an offender might intend
25 to defraud the authorized user of a payment card, the
issuer of the authorized user's payment card, or a
26 merchant (rather than simply the authorized user).
Provides that a violator of the committee substitute's
27 scanning device/reencoder fraud provisions shall also be
subject to the provisions of the Florida Contraband
28 Forfeiture Act (ss. 932.701-932.707, F.S.).
29 9) Strikes certain provisions related to giving worthless
checks, drafts, and debit card orders.
30
10) Strikes provisions related to the observation of
31 customers in a merchant's dressing room, fitting room,
changing room, or restroom.
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1 11) Conforms the offense severity ranking chart of the
Criminal Punishment Code to reflect changes made by the
2 committee substitute.
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