Senate Bill sb0992c1
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Florida Senate - 2002 CS for SB 992
By the Committee on Criminal Justice; and Senator Futch
307-1994-02
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 relating to the offense severity ranking chart
8 of the Criminal Punishment Code; conforming
9 provisions to changes made by the act;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 812.0145, Florida Statutes, is
15 created to read:
16 812.0145 Theft from persons 65 years of age or older;
17 reclassification of offenses.--
18 (1) A person who is convicted of theft of more than
19 $1,000 from a person 65 years of age or older shall be ordered
20 by the sentencing judge to make restitution to the victim of
21 such offense and to perform up to 500 hours of community
22 service work. Restitution and community service work shall be
23 in addition to any fine or sentence which may be imposed and
24 shall not be in lieu thereof.
25 (2) Whenever a person is charged with committing theft
26 from a person 65 years of age or older, when he or she knows
27 or has reason to believe that the victim was 65 years of age
28 or older, the offense for which the person is charged shall be
29 reclassified as follows:
30 (a) If the funds, assets, or property involved in the
31 theft from a person 65 years of age or older is valued at
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Florida Senate - 2002 CS for SB 992
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1 $50,000 or more, the offender commits a felony of the first
2 degree, punishable as provided in s. 775.082, s. 775.083, or
3 s. 775.084.
4 (b) If the funds, assets, or property involved in the
5 theft from a person 65 years of age or older is valued at
6 $10,000 or more, but less than $50,000, the offender commits a
7 felony of the second degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 (c) If the funds, assets, or property involved in the
10 theft from a person 65 years of age or older is valued at $300
11 or more, but less than $10,000, the offender commits a felony
12 of the third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 Section 2. Paragraphs (c), (e), and (g) of subsection
15 (3) of section 921.0022, Florida Statutes, as amended by
16 section 2 of chapter 2001-358, Laws of Florida, are amended to
17 read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony
23 Statute Degree Description
24
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26 (c) LEVEL 3
27 316.1935(2) 3rd Fleeing or attempting to elude
28 law enforcement officer in marked
29 patrol vehicle with siren and
30 lights activated.
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Florida Senate - 2002 CS for SB 992
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1 319.30(4) 3rd Possession by junkyard of motor
2 vehicle with identification
3 number plate removed.
4 319.33(1)(a) 3rd Alter or forge any certificate of
5 title to a motor vehicle or
6 mobile home.
7 319.33(1)(c) 3rd Procure or pass title on stolen
8 vehicle.
9 319.33(4) 3rd With intent to defraud, possess,
10 sell, etc., a blank, forged, or
11 unlawfully obtained title or
12 registration.
13 328.05(2) 3rd Possess, sell, or counterfeit
14 fictitious, stolen, or fraudulent
15 titles or bills of sale of
16 vessels.
17 328.07(4) 3rd Manufacture, exchange, or possess
18 vessel with counterfeit or wrong
19 ID number.
20 376.302(5) 3rd Fraud related to reimbursement
21 for cleanup expenses under the
22 Inland Protection Trust Fund.
23 501.001(2)(b) 2nd Tampers with a consumer product
24 or the container using materially
25 false/misleading information.
26 697.08 3rd Equity skimming.
27 790.15(3) 3rd Person directs another to
28 discharge firearm from a vehicle.
29 796.05(1) 3rd Live on earnings of a prostitute.
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1 806.10(1) 3rd Maliciously injure, destroy, or
2 interfere with vehicles or
3 equipment used in firefighting.
4 806.10(2) 3rd Interferes with or assaults
5 firefighter in performance of
6 duty.
7 810.09(2)(c) 3rd Trespass on property other than
8 structure or conveyance armed
9 with firearm or dangerous weapon.
10 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
11 less than $10,000.
12 812.0145(2)(c) 3rd Theft from person 65 years of age
13 or older; $300 or more but less
14 than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 817.234(8)&(9) 3rd Unlawful solicitation of persons
23 involved in motor vehicle
24 accidents.
25 817.234(11)(a) 3rd Insurance fraud; property value
26 less than $20,000.
27 817.505(4) 3rd Patient brokering.
28 828.12(2) 3rd Tortures any animal with intent
29 to inflict intense pain, serious
30 physical injury, or death.
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1 831.28(2)(a) 3rd Counterfeiting a payment
2 instrument with intent to defraud
3 or possessing a counterfeit
4 payment instrument.
5 831.29 2nd Possession of instruments for
6 counterfeiting drivers' licenses
7 or identification cards.
8 838.021(3)(b) 3rd Threatens unlawful harm to public
9 servant.
10 843.19 3rd Injure, disable, or kill police
11 dog or horse.
12 870.01(2) 3rd Riot; inciting or encouraging.
13 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
14 cannabis (or other s.
15 893.03(1)(c), (2)(c)1., (2)(c)2.,
16 (2)(c)3., (2)(c)5., (2)(c)6.,
17 (2)(c)7., (2)(c)8., (2)(c)9.,
18 (3), or (4) drugs).
19 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
20 893.03(1)(c), (2)(c)1., (2)(c)2.,
21 (2)(c)3., (2)(c)5., (2)(c)6.,
22 (2)(c)7., (2)(c)8., (2)(c)9.,
23 (3), or (4) drugs within 200 feet
24 of university or public park.
25 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
26 893.03(1)(c), (2)(c)1., (2)(c)2.,
27 (2)(c)3., (2)(c)5., (2)(c)6.,
28 (2)(c)7., (2)(c)8., (2)(c)9.,
29 (3), or (4) drugs within 200 feet
30 of public housing facility.
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1 893.13(6)(a) 3rd Possession of any controlled
2 substance other than felony
3 possession of cannabis.
4 893.13(7)(a)9. 3rd Obtain or attempt to obtain
5 controlled substance by fraud,
6 forgery, misrepresentation, etc.
7 893.13(7)(a)11. 3rd Furnish false or fraudulent
8 material information on any
9 document or record required by
10 chapter 893.
11 918.13(1)(a) 3rd Alter, destroy, or conceal
12 investigation evidence.
13 944.47
14 (1)(a)1.-2. 3rd Introduce contraband to
15 correctional facility.
16 944.47(1)(c) 2nd Possess contraband while upon the
17 grounds of a correctional
18 institution.
19 985.3141 3rd Escapes from a juvenile facility
20 (secure detention or residential
21 commitment facility).
22 (e) LEVEL 5
23 316.027(1)(a) 3rd Accidents involving personal
24 injuries, failure to stop;
25 leaving scene.
26 316.1935(4) 2nd Aggravated fleeing or eluding.
27 322.34(6) 3rd Careless operation of motor
28 vehicle with suspended license,
29 resulting in death or serious
30 bodily injury.
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1 327.30(5) 3rd Vessel accidents involving
2 personal injury; leaving scene.
3 381.0041(11)(b) 3rd Donate blood, plasma, or organs
4 knowing HIV positive.
5 790.01(2) 3rd Carrying a concealed firearm.
6 790.162 2nd Threat to throw or discharge
7 destructive device.
8 790.163 2nd False report of deadly explosive.
9 790.165(2) 3rd Manufacture, sell, possess, or
10 deliver hoax bomb.
11 790.221(1) 2nd Possession of short-barreled
12 shotgun or machine gun.
13 790.23 2nd Felons in possession of firearms
14 or electronic weapons or devices.
15 800.04(6)(c) 3rd Lewd or lascivious conduct;
16 offender less than 18 years.
17 800.04(7)(c) 2nd Lewd or lascivious exhibition;
18 offender 18 years or older.
19 806.111(1) 3rd Possess, manufacture, or dispense
20 fire bomb with intent to damage
21 any structure or property.
22 812.0145(2)(b) 2nd Theft from person 65 years of age
23 or older; $10,000 or more but
24 less than $50,000.
25 812.015(8) 3rd Retail theft; property stolen is
26 valued at $300 or more and one or
27 more specified acts.
28 812.019(1) 2nd Stolen property; dealing in or
29 trafficking in.
30 812.131(2)(b) 3rd Robbery by sudden snatching.
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1 812.16(2) 3rd Owning, operating, or conducting
2 a chop shop.
3 817.034(4)(a)2. 2nd Communications fraud, value
4 $20,000 to $50,000.
5 817.234(11)(b) 2nd Insurance fraud; property value
6 $20,000 or more but less than
7 $100,000.
8 817.568(2)(b) 2nd Fraudulent use of personal
9 identification information; value
10 of benefit, services received,
11 payment avoided, or amount of
12 injury or fraud, $75,000 or more.
13 817.625(2)(b) 2nd Second or subsequent fraudulent
14 use of scanning device or
15 reencoder.
16 825.1025(4) 3rd Lewd or lascivious exhibition in
17 the presence of an elderly person
18 or disabled adult.
19 827.071(4) 2nd Possess with intent to promote
20 any photographic material, motion
21 picture, etc., which includes
22 sexual conduct by a child.
23 843.01 3rd Resist officer with violence to
24 person; resist arrest with
25 violence.
26 874.05(2) 2nd Encouraging or recruiting another
27 to join a criminal street gang;
28 second or subsequent offense.
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Florida Senate - 2002 CS for SB 992
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1 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other 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 1,000
12 feet of a child care facility or
13 school.
14 893.13(1)(d)1. 1st Sell, manufacture, or deliver
15 cocaine (or other s.
16 893.03(1)(a), (1)(b), (1)(d),
17 (2)(a), (2)(b), or (2)(c)4.
18 drugs) within 200 feet of
19 university or public park.
20 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
21 cannabis or other drug prohibited
22 under s. 893.03(1)(c), (2)(c)1.,
23 (2)(c)2., (2)(c)3., (2)(c)5.,
24 (2)(c)6., (2)(c)7., (2)(c)8.,
25 (2)(c)9., (3), or (4) within
26 1,000 feet of property used for
27 religious services or a specified
28 business site.
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Florida Senate - 2002 CS for SB 992
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 200 feet of public
6 housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 (g) LEVEL 7
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 402.319(2) 2nd Misrepresentation and negligence
18 or intentional act resulting in
19 great bodily harm, permanent
20 disfiguration, permanent
21 disability, or death.
22 409.920(2) 3rd Medicaid provider fraud.
23 456.065(2) 3rd Practicing a health care
24 profession without a license.
25 456.065(2) 2nd Practicing a health care
26 profession without a license
27 which results in serious bodily
28 injury.
29 458.327(1) 3rd Practicing medicine without a
30 license.
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1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013(1)(c) 3rd Preparing or dispensing optical
26 devices without a prescription.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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1 790.166(3) 2nd Possessing, selling, using, or
2 attempting to use a hoax weapon
3 of mass destruction.
4 796.03 2nd Procuring any person under 16
5 years for prostitution.
6 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
7 victim less than 12 years of age;
8 offender less than 18 years.
9 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 18 years or older.
13 806.01(2) 2nd Maliciously damage structure by
14 fire or explosive.
15 810.02(3)(a) 2nd Burglary of occupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
18 unarmed; no assault or battery.
19 810.02(3)(d) 2nd Burglary of occupied conveyance;
20 unarmed; no assault or battery.
21 812.014(2)(a) 1st Property stolen, valued at
22 $100,000 or more; cargo stolen
23 valued at $50,000, or more;
24 property stolen while causing
25 other property damage; 1st degree
26 grand theft.
27 812.014(2)(b)2. 2nd Property stolen, emergency
28 medical equipment; 2nd degree
29 grand theft.
30 812.0145(2)(a) 1st Theft from person 65 years of age
31 or older; $50,000 or more.
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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.
8 817.234(11)(c) 1st Insurance fraud; property value
9 $100,000 or more.
10 825.102(3)(b) 2nd Neglecting an elderly person or
11 disabled adult causing great
12 bodily harm, disability, or
13 disfigurement.
14 825.1025(2) 2nd Lewd or lascivious battery upon
15 an elderly person or disabled
16 adult.
17 825.103(2)(b) 2nd Exploiting an elderly person or
18 disabled adult and property is
19 valued at $20,000 or more, but
20 less than $100,000.
21 827.03(3)(b) 2nd Neglect of a child causing great
22 bodily harm, disability, or
23 disfigurement.
24 827.04(3) 3rd Impregnation of a child under 16
25 years of age by person 21 years
26 of age or older.
27 837.05(2) 3rd Giving false information about
28 alleged capital felony to a law
29 enforcement officer.
30 872.06 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 25 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 than 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 3. This act shall take effect October 1, 2002.
7
8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 992
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11 1. Clarifies that theft of less than $300 is a first degree
misdemeanor, which is consistent with the general theft
12 provisions.
13 2. Ranks the reclassified offenses in the Criminal
Punishment Code (at Levels 3, 5, and 7).
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3. Requires knowledge or reasonable belief that the victim
15 was 65 years of age or older.
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