House Bill hb0835e1

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                                           HB 835, First Engrossed



  1                      A bill to be entitled

  2         An act relating to theft; creating s. 812.0145,

  3         F.S.; providing enhanced criminal penalties for

  4         theft from persons age 65 or older; requiring

  5         restitution and community service for theft

  6         from said persons; amending s. 921.0022, F.S.;

  7         adding specified felonies to the Criminal

  8         Punishment Code offense severity ranking chart;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 812.0145, Florida Statutes, is

14  created to read:

15         812.0145  Theft from persons 65 years of age or older;

16  reclassification of offenses.--

17         (1)  A person who is convicted of theft of more than

18  $1,000 from a person 65 years of age or older shall be ordered

19  by the sentencing judge to make restitution to the victim of

20  such offense and to perform up to 500 hours of community

21  service work.  Restitution and community service work shall be

22  in addition to any fine or sentence which may be imposed and

23  shall not be in lieu thereof.

24         (2)  Whenever a person is charged with committing theft

25  from a person 65 years of age or older, regardless of whether

26  he or she knows or has reason to know the age of the victim,

27  the offense for which the person is charged shall be

28  reclassified as follows:

29         (a)  If the funds, assets, or property involved in the

30  theft from a person 65 years of age or older is valued at

31  $50,000 or more, the offender commits a felony of the first


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                                           HB 835, First Engrossed



  1  degree, punishable as provided in s. 775.082, s. 775.083, or

  2  s. 775.084.

  3         (b)  If the funds, assets, or property involved in the

  4  theft from a person 65 years of age or older is valued at

  5  $10,000 or more, but less than $50,000, the offender commits a

  6  felony of the second degree, punishable as provided in s.

  7  775.082, s. 775.083, or s. 775.084.

  8         (c)  If the funds, assets, or property involved in the

  9  theft from a person 65 years of age or older is valued at $300

10  or more, but less than $10,000, the offender commits a felony

11  of the third degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         Section 2.  Paragraphs (c), (e) and (g) of subsection

14  (3) of section 921.0022, Florida Statutes are amended to read:

15         921.0022  Criminal Punishment Code; offense severity

16  ranking chart.--

17         (3)  OFFENSE SEVERITY RANKING CHART

18

19  Florida           Felony

20  Statute           Degree             Description

21

22                              (c)  LEVEL 3

23  316.1935(2)        3rd      Fleeing or attempting to elude

24                              law enforcement officer in marked

25                              patrol vehicle with siren and

26                              lights activated.

27  319.30(4)          3rd      Possession by junkyard of motor

28                              vehicle with identification

29                              number plate removed.

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                                           HB 835, First Engrossed



  1  319.33(1)(a)       3rd      Alter or forge any certificate of

  2                              title to a motor vehicle or

  3                              mobile home.

  4  319.33(1)(c)       3rd      Procure or pass title on stolen

  5                              vehicle.

  6  319.33(4)          3rd      With intent to defraud, possess,

  7                              sell, etc., a blank, forged, or

  8                              unlawfully obtained title or

  9                              registration.

10  328.05(2)          3rd      Possess, sell, or counterfeit

11                              fictitious, stolen, or fraudulent

12                              titles or bills of sale of

13                              vessels.

14  328.07(4)          3rd      Manufacture, exchange, or possess

15                              vessel with counterfeit or wrong

16                              ID number.

17  376.302(5)         3rd      Fraud related to reimbursement

18                              for cleanup expenses under the

19                              Inland Protection Trust Fund.

20  501.001(2)(b)      2nd      Tampers with a consumer product

21                              or the container using materially

22                              false/misleading information.

23  697.08             3rd      Equity skimming.

24  790.15(3)          3rd      Person directs another to

25                              discharge firearm from a vehicle.

26  796.05(1)          3rd      Live on earnings of a prostitute.

27  806.10(1)          3rd      Maliciously injure, destroy, or

28                              interfere with vehicles or

29                              equipment used in firefighting.

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                                           HB 835, First Engrossed



  1  806.10(2)          3rd      Interferes with or assaults

  2                              firefighter in performance of

  3                              duty.

  4  810.09(2)(c)       3rd      Trespass on property other than

  5                              structure or conveyance armed

  6                              with firearm or dangerous weapon.

  7  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

  8                              less than $10,000.

  9  812.0145(2)(c)     3rd      Theft from person 65 years of age

10                              or older; $300 or more but less

11                              than $10,000. 

12  815.04(4)(b)       2nd      Computer offense devised to

13                              defraud or obtain property.

14  817.034(4)(a)3.    3rd      Engages in scheme to defraud

15                              (Florida Communications Fraud

16                              Act), property valued at less

17                              than $20,000.

18  817.233            3rd      Burning to defraud insurer.

19  817.234(8)&(9)     3rd      Unlawful solicitation of persons

20                              involved in motor vehicle

21                              accidents.

22  817.234(11)(a)     3rd      Insurance fraud; property value

23                              less than $20,000.

24  817.505(4)         3rd      Patient brokering.

25  828.12(2)          3rd      Tortures any animal with intent

26                              to inflict intense pain, serious

27                              physical injury, or death.

28  831.28(2)(a)       3rd      Counterfeiting a payment

29                              instrument with intent to defraud

30                              or possessing a counterfeit

31                              payment instrument.


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                                           HB 835, First Engrossed



  1  831.29             2nd      Possession of instruments for

  2                              counterfeiting drivers' licenses

  3                              or identification cards.

  4  838.021(3)(b)      3rd      Threatens unlawful harm to public

  5                              servant.

  6  843.19             3rd      Injure, disable, or kill police

  7                              dog or horse.

  8  870.01(2)          3rd      Riot; inciting or encouraging.

  9  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

10                              cannabis (or other s.

11                              893.03(1)(c), (2)(c)1., (2)(c)2.,

12                              (2)(c)3., (2)(c)5., (2)(c)6.,

13                              (2)(c)7., (2)(c)8., (2)(c)9.,

14                              (3), or (4) drugs).

15  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

16                              893.03(1)(c), (2)(c)1., (2)(c)2.,

17                              (2)(c)3., (2)(c)5., (2)(c)6.,

18                              (2)(c)7., (2)(c)8., (2)(c)9.,

19                              (3), or (4) drugs within 200 feet

20                              of university or public park.

21  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

22                              893.03(1)(c), (2)(c)1., (2)(c)2.,

23                              (2)(c)3., (2)(c)5., (2)(c)6.,

24                              (2)(c)7., (2)(c)8., (2)(c)9.,

25                              (3), or (4) drugs within 200 feet

26                              of public housing facility.

27  893.13(6)(a)       3rd      Possession of any controlled

28                              substance other than felony

29                              possession of cannabis.

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                                           HB 835, First Engrossed



  1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  2                              controlled substance by fraud,

  3                              forgery, misrepresentation, etc.

  4  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  5                              material information on any

  6                              document or record required by

  7                              chapter 893.

  8  918.13(1)(a)       3rd      Alter, destroy, or conceal

  9                              investigation evidence.

10  944.47

11   (1)(a)1.-2.       3rd      Introduce contraband to

12                              correctional facility.

13  944.47(1)(c)       2nd      Possess contraband while upon the

14                              grounds of a correctional

15                              institution.

16  985.3141           3rd      Escapes from a juvenile facility

17                              (secure detention or residential

18                              commitment facility).

19                              (e)  LEVEL 5

20  316.027(1)(a)      3rd      Accidents involving personal

21                              injuries, failure to stop;

22                              leaving scene.

23  316.1935(4)        2nd      Aggravated fleeing or eluding.

24  322.34(6)          3rd      Careless operation of motor

25                              vehicle with suspended license,

26                              resulting in death or serious

27                              bodily injury.

28  327.30(5)          3rd      Vessel accidents involving

29                              personal injury; leaving scene.

30  381.0041(11)(b)    3rd      Donate blood, plasma, or organs

31                              knowing HIV positive.


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                                           HB 835, First Engrossed



  1  790.01(2)          3rd      Carrying a concealed firearm.

  2  790.162            2nd      Threat to throw or discharge

  3                              destructive device.

  4  790.163            2nd      False report of deadly explosive.

  5  790.165(2)         3rd      Manufacture, sell, possess, or

  6                              deliver hoax bomb.

  7  790.221(1)         2nd      Possession of short-barreled

  8                              shotgun or machine gun.

  9  790.23             2nd      Felons in possession of firearms

10                              or electronic weapons or devices.

11  800.04(6)(c)       3rd      Lewd or lascivious conduct;

12                              offender less than 18 years.

13  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

14                              offender 18 years or older.

15  806.111(1)         3rd      Possess, manufacture, or dispense

16                              fire bomb with intent to damage

17                              any structure or property.

18  812.0145(2)(b)     2nd      Theft from person 65 year of age

19                              or older; $10,000 or more but

20                              less than $50,000.

21  812.015(8)         3rd      Retail theft; property stolen is

22                              valued at $300 or more and one or

23                              more specified acts.

24  812.019(1)         2nd      Stolen property; dealing in or

25                              trafficking in.

26  812.131(2)(b)      3rd      Robbery by sudden snatching.

27  812.16(2)          3rd      Owning, operating, or conducting

28                              a chop shop.

29  817.034(4)(a)2.    2nd      Communications fraud, value

30                              $20,000 to $50,000.

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                                           HB 835, First Engrossed



  1  817.234(11)(b)     2nd      Insurance fraud; property value

  2                              $20,000 or more but less than

  3                              $100,000.

  4  817.568(2)(b)      2nd      Fraudulent use of personal

  5                              identification information; value

  6                              of benefit, services received,

  7                              payment avoided, or amount of

  8                              injury or fraud, $75,000 or more.

  9  817.625(2)(b)      2nd      Second or subsequent fraudulent

10                              use of scanning device or

11                              reencoder.

12  825.1025(4)        3rd      Lewd or lascivious exhibition in

13                              the presence of an elderly person

14                              or disabled adult.

15  827.071(4)         2nd      Possess with intent to promote

16                              any photographic material, motion

17                              picture, etc., which includes

18                              sexual conduct by a child.

19  843.01             3rd      Resist officer with violence to

20                              person; resist arrest with

21                              violence.

22  874.05(2)          2nd      Encouraging or recruiting another

23                              to join a criminal street gang;

24                              second or subsequent offense.

25  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

26                              cocaine (or other s.

27                              893.03(1)(a), (1)(b), (1)(d),

28                              (2)(a), (2)(b), or (2)(c)4.

29                              drugs).

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                                           HB 835, First Engrossed



  1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

  2                              cannabis (or other s.

  3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  4                              (2)(c)3., (2)(c)5., (2)(c)6.,

  5                              (2)(c)7., (2)(c)8., (2)(c)9.,

  6                              (3), or (4) drugs) within 1,000

  7                              feet of a child care facility or

  8                              school.

  9  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

10                              cocaine (or other s.

11                              893.03(1)(a), (1)(b), (1)(d),

12                              (2)(a), (2)(b), or (2)(c)4.

13                              drugs) within 200 feet of

14                              university or public park.

15  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

16                              cannabis or other drug prohibited

17                              under 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) within

21                              1,000 feet of property used for

22                              religious services or a specified

23                              business site.

24  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

25                              cocaine (or other s.

26                              893.03(1)(a), (1)(b), (1)(d), or

27                              (2)(a), (2)(b), or (2)(c)4.

28                              drugs) within 200 feet of public

29                              housing facility.

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                                           HB 835, First Engrossed



  1  893.13(4)(b)       2nd      Deliver to minor cannabis (or

  2                              other s. 893.03(1)(c), (2)(c)1.,

  3                              (2)(c)2., (2)(c)3., (2)(c)5.,

  4                              (2)(c)6., (2)(c)7., (2)(c)8.,

  5                              (2)(c)9., (3), or (4) drugs).

  6                              (g)  LEVEL 7

  7  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  8                              injury.

  9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

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                                           HB 835, First Engrossed



  1  462.17             3rd      Practicing naturopathy without a

  2                              license.

  3  463.015(1)         3rd      Practicing optometry without a

  4                              license.

  5  464.016(1)         3rd      Practicing nursing without a

  6                              license.

  7  465.015(2)         3rd      Practicing pharmacy without a

  8                              license.

  9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

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                                           HB 835, First Engrossed



  1  560.123(8)(b)1.    3rd      Failure to report currency or

  2                              payment instruments exceeding

  3                              $300 but less than $20,000 by

  4                              money transmitter.

  5  560.125(5)(a)      3rd      Money transmitter business by

  6                              unauthorized person, currency or

  7                              payment instruments exceeding

  8                              $300 but less than $20,000.

  9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  782.051(3)         2nd      Attempted felony murder of a

14                              person by a person other than the

15                              perpetrator or the perpetrator of

16                              an attempted felony.

17  782.07(1)          2nd      Killing of a human being by the

18                              act, procurement, or culpable

19                              negligence of another

20                              (manslaughter).

21  782.071            2nd      Killing of human being or viable

22                              fetus by the operation of a motor

23                              vehicle in a reckless manner

24                              (vehicular homicide).

25  782.072            2nd      Killing of a human being by the

26                              operation of a vessel in a

27                              reckless manner (vessel

28                              homicide).

29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

30                              causing great bodily harm or

31                              disfigurement.


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                                           HB 835, First Engrossed



  1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  2                              weapon.

  3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

  4                              aware victim pregnant.

  5  784.048(4)         3rd      Aggravated stalking; violation of

  6                              injunction or court order.

  7  784.07(2)(d)       1st      Aggravated battery on law

  8                              enforcement officer.

  9  784.074(1)(a)      1st      Aggravated battery on sexually

10                              violent predators facility staff.

11  784.08(2)(a)       1st      Aggravated battery on a person 65

12                              years of age or older.

13  784.081(1)         1st      Aggravated battery on specified

14                              official or employee.

15  784.082(1)         1st      Aggravated battery by detained

16                              person on visitor or other

17                              detainee.

18  784.083(1)         1st      Aggravated battery on code

19                              inspector.

20  790.07(4)          1st      Specified weapons violation

21                              subsequent to previous conviction

22                              of s. 790.07(1) or (2).

23  790.16(1)          1st      Discharge of a machine gun under

24                              specified circumstances.

25  790.166(3)         2nd      Possessing, selling, using, or

26                              attempting to use a hoax weapon

27                              of mass destruction.

28  796.03             2nd      Procuring any person under 16

29                              years for prostitution.

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                                           HB 835, First Engrossed



  1  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  2                              victim less than 12 years of age;

  3                              offender less than 18 years.

  4  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  5                              victim 12 years of age or older

  6                              but less than 16 years; offender

  7                              18 years or older.

  8  806.01(2)          2nd      Maliciously damage structure by

  9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)      1st      Property stolen, valued at

17                              $100,000 or more; cargo stolen

18                              valued at $50,000, or more;

19                              property stolen while causing

20                              other property damage; 1st degree

21                              grand theft.

22  812.014(2)(b)2.    2nd      Property stolen, emergency

23                              medical equipment; 2nd degree

24                              grand theft.

25  812.0145(2)(a)     1st      Theft from person 65 years of age

26                              or older; $50,000 or more.

27  812.019(2)         1st      Stolen property; initiates,

28                              organizes, plans, etc., the theft

29                              of property and traffics in

30                              stolen property.

31  812.131(2)(a)      2nd      Robbery by sudden snatching.


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                                           HB 835, First Engrossed



  1  812.133(2)(b)      1st      Carjacking; no firearm, deadly

  2                              weapon, or other weapon.

  3  817.234(11)(c)     1st      Insurance fraud; property value

  4                              $100,000 or more.

  5  825.102(3)(b)      2nd      Neglecting an elderly person or

  6                              disabled adult causing great

  7                              bodily harm, disability, or

  8                              disfigurement.

  9  825.1025(2)        2nd      Lewd or lascivious battery upon

10                              an elderly person or disabled

11                              adult.

12  825.103(2)(b)      2nd      Exploiting an elderly person or

13                              disabled adult and property is

14                              valued at $20,000 or more, but

15                              less than $100,000.

16  827.03(3)(b)       2nd      Neglect of a child causing great

17                              bodily harm, disability, or

18                              disfigurement.

19  827.04(3)          3rd      Impregnation of a child under 16

20                              years of age by person 21 years

21                              of age or older.

22  837.05(2)          3rd      Giving false information about

23                              alleged capital felony to a law

24                              enforcement officer.

25  872.06             2nd      Abuse of a dead human body.

26  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

27                              cocaine (or other drug prohibited

28                              under s. 893.03(1)(a), (1)(b),

29                              (1)(d), (2)(a), (2)(b), or

30                              (2)(c)4.) within 1,000 feet of a

31                              child care facility or school.


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                                           HB 835, First Engrossed



  1  893.13(1)(e)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

  6                              property used for religious

  7                              services or a specified business

  8                              site.

  9  893.13(4)(a)       1st      Deliver to minor cocaine (or

10                              other s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 25 lbs., less than 2,000

15                              lbs.

16  893.135

17   (1)(b)1.a.        1st      Trafficking in cocaine, more than

18                              28 grams, less than 200 grams.

19  893.135

20   (1)(c)1.a.        1st      Trafficking in illegal drugs,

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

24   (1)(d)1.          1st      Trafficking in phencyclidine,

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

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                                           HB 835, First Engrossed



  1  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  2                              than 14 grams, less than 28

  3                              grams.

  4  893.135

  5   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

  6                              grams or more, less than 14

  7                              grams.

  8  893.135

  9   (1)(h)1.a.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

14   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

15                              kilogram or more, less than 5

16                              kilograms.

17  893.135

18   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

29         Section 3.  This act shall take effect October 1, 2002.

30

31


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CODING: Words stricken are deletions; words underlined are additions.