House Bill hb0835e2
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HB 835, Second Engrossed/ntc
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, when he or she knows
26 or has reason to believe that the victim was 65 years of age
27 or older, 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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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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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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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, Second Engrossed/ntc
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.
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