Senate Bill sb1080er

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


    ENROLLED

    2003 Legislature                                       SB 1080



  1                                 

  2         An act relating to anhydrous ammonia; amending

  3         s. 812.014, F.S.; providing that the theft of

  4         anhydrous ammonia is grand theft and a felony

  5         of the third degree; amending s. 893.033, F.S.;

  6         adding anhydrous ammonia to the list of

  7         precursor chemicals that may be used in

  8         manufacturing a controlled substance in

  9         violation of ch. 893, F.S.; reenacting s.

10         893.149, F.S., relating to the unlawful

11         possession or distribution of a listed

12         chemical; providing an effective date.

13  

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

15  

16         Section 1.  Section 812.014, Florida Statutes, is

17  amended to read:

18         812.014  Theft.--

19         (1)  A person commits theft if he or she knowingly

20  obtains or uses, or endeavors to obtain or to use, the

21  property of another with intent to, either temporarily or

22  permanently:

23         (a)  Deprive the other person of a right to the

24  property or a benefit from the property.

25         (b)  Appropriate the property to his or her own use or

26  to the use of any person not entitled to the use of the

27  property.

28         (2)(a)1.  If the property stolen is valued at $100,000

29  or more; or

30         2.  If the property stolen is cargo valued at $50,000

31  or more that has entered the stream of interstate or


                                  1

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1  intrastate commerce from the shipper's loading platform to the

 2  consignee's receiving dock; or

 3         3.  If the offender commits any grand theft and:

 4         a.  In the course of committing the offense the

 5  offender uses a motor vehicle as an instrumentality, other

 6  than merely as a getaway vehicle, to assist in committing the

 7  offense and thereby damages the real property of another; or

 8         b.  In the course of committing the offense the

 9  offender causes damage to the real or personal property of

10  another in excess of $1,000,

11  

12  the offender commits grand theft in the first degree,

13  punishable as a felony of the first degree, as provided in s.

14  775.082, s. 775.083, or s. 775.084.

15         (b)1.  If the property stolen is valued at $20,000 or

16  more, but less than $100,000;

17         2.  The property stolen is cargo valued at less than

18  $50,000 that has entered the stream of interstate or

19  intrastate commerce from the shipper's loading platform to the

20  consignee's receiving dock; or

21         3.  The property stolen is emergency medical equipment,

22  valued at $300 or more, that is taken from a facility licensed

23  under chapter 395 or from an aircraft or vehicle permitted

24  under chapter 401,

25  

26  the offender commits grand theft in the second degree,

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

28  775.082, s. 775.083, or s. 775.084. Emergency medical

29  equipment means mechanical or electronic apparatus used to

30  provide emergency services and care as defined in s.

31  395.002(10) or to treat medical emergencies.


                                  2

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1         (c)  It is grand theft of the third degree and a felony

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

 3  775.083, or s. 775.084, if the property stolen is:

 4         1.  Valued at $300 or more, but less than $5,000.

 5         2.  Valued at $5,000 or more, but less than $10,000.

 6         3.  Valued at $10,000 or more, but less than $20,000.

 7         4.  A will, codicil, or other testamentary instrument.

 8         5.  A firearm.

 9         6.  A motor vehicle, except as provided in paragraph

10  (2)(a).

11         7.  Any commercially farmed animal, including any

12  animal of the equine, bovine, or swine class, or other grazing

13  animal, and including aquaculture species raised at a

14  certified aquaculture facility.  If the property stolen is

15  aquaculture species raised at a certified aquaculture

16  facility, then a $10,000 fine shall be imposed.

17         8.  Any fire extinguisher.

18         9.  Any amount of citrus fruit consisting of 2,000 or

19  more individual pieces of fruit.

20         10.  Taken from a designated construction site

21  identified by the posting of a sign as provided for in s.

22  810.09(2)(d).

23         11.  Any stop sign.

24         12.  Anhydrous ammonia.

25         (d)  It is grand theft of the third degree and a felony

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

27  775.083, or s. 775.084, if the property stolen is valued at

28  $100 or more, but less than $300, and is taken from a dwelling

29  as defined in s. 810.011(2) or from the unenclosed curtilage

30  of a dwelling pursuant to s. 810.09(1).

31  


                                  3

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1         (e)  Except as provided in paragraph (d), if the

 2  property stolen is valued at $100 or more, but less than $300,

 3  the offender commits petit theft of the first degree,

 4  punishable as a misdemeanor of the first degree, as provided

 5  in s. 775.082 or s. 775.083.

 6         (3)(a)  Theft of any property not specified in

 7  subsection (2) is petit theft of the second degree and a

 8  misdemeanor of the second degree, punishable as provided in s.

 9  775.082 or s. 775.083, and as provided in subsection (5), as

10  applicable.

11         (b)  A person who commits petit theft and who has

12  previously been convicted of any theft commits a misdemeanor

13  of the first degree, punishable as provided in s. 775.082 or

14  s. 775.083.

15         (c)  A person who commits petit theft and who has

16  previously been convicted two or more times of any theft

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082 or s. 775.083.

19         (d)1.  Every judgment of guilty or not guilty of a

20  petit theft shall be in writing, signed by the judge, and

21  recorded by the clerk of the circuit court.  The judge shall

22  cause to be affixed to every such written judgment of guilty

23  of petit theft, in open court and in the presence of such

24  judge, the fingerprints of the defendant against whom such

25  judgment is rendered.  Such fingerprints shall be affixed

26  beneath the judge's signature to such judgment. Beneath such

27  fingerprints shall be appended a certificate to the following

28  effect:

29  

30         "I hereby certify that the above and foregoing

31  fingerprints on this judgment are the fingerprints of the


                                  4

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1  defendant, ...., and that they were placed thereon by said

 2  defendant in my presence, in open court, this the .... day of

 3  ...., ...(year)...."

 4  

 5  Such certificate shall be signed by the judge, whose signature

 6  thereto shall be followed by the word "Judge."

 7         2.  Any such written judgment of guilty of a petit

 8  theft, or a certified copy thereof, is admissible in evidence

 9  in the courts of this state as prima facie evidence that the

10  fingerprints appearing thereon and certified by the judge are

11  the fingerprints of the defendant against whom such judgment

12  of guilty of a petit theft was rendered.

13         (4)  Failure to comply with the terms of a lease when

14  the lease is for a term of 1 year or longer shall not

15  constitute a violation of this section unless demand for the

16  return of the property leased has been made in writing and the

17  lessee has failed to return the property within 7 days of his

18  or her receipt of the demand for return of the property.  A

19  demand mailed by certified or registered mail, evidenced by

20  return receipt, to the last known address of the lessee shall

21  be deemed sufficient and equivalent to the demand having been

22  received by the lessee, whether such demand shall be returned

23  undelivered or not.

24         (5)(a)  No person shall drive a motor vehicle so as to

25  cause it to leave the premises of an establishment at which

26  gasoline offered for retail sale was dispensed into the fuel

27  tank of such motor vehicle unless the payment of authorized

28  charge for the gasoline dispensed has been made.

29         (b)  In addition to the penalties prescribed in

30  paragraph (3)(a), every judgment of guilty of a petit theft

31  for property described in this subsection shall provide for


                                  5

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1  the suspension of the convicted person's driver's license. The

 2  court shall forward the driver's license to the Department of

 3  Highway Safety and Motor Vehicles in accordance with s.

 4  322.25.

 5         1.  The first suspension of a driver's license under

 6  this subsection shall be for a period of up to 6 months.

 7         2.  The second or subsequent suspension of a driver's

 8  license under this subsection shall be for a period of 1 year.

 9         Section 2.  Section 893.033, Florida Statutes, is

10  amended to read:

11         893.033  Listed chemicals.--The chemicals listed in

12  this section are included by whatever official, common, usual,

13  chemical, or trade name designated.

14         (1)  PRECURSOR CHEMICALS.--The term "listed precursor

15  chemical" means a chemical that may be used in manufacturing a

16  controlled substance in violation of this chapter and is

17  critical to the creation of the controlled substance, and such

18  term includes any salt, optical isomer, or salt of an optical

19  isomer, whenever the existence of such salt, optical isomer,

20  or salt of optical isomer is possible within the specific

21  chemical designation. The following are "listed precursor

22  chemicals":

23         (a)  Anhydrous ammonia.

24         (b)(a)  Anthranilic acid.

25         (c)(b)  Benzyl chloride.

26         (d)(c)  Benzyl cyanide.

27         (e)(d)  Chloroephedrine.

28         (f)(e)  Chloropseudoephedrine.

29         (g)(f)  Ephedrine.

30         (h)(g)  Ergonovine.

31         (i)(h)  Ergotamine.


                                  6

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1         (j)(i)  Ethylamine.

 2         (k)(j)  Isosafrole.

 3         (l)(k)  Methylamine.

 4         (m)(l)  3, 4-Methylenedioxyphenyl-2-propanone.

 5         (n)(m)  N-acetylanthranilic acid.

 6         (o)(n)  N-ethylephedrine.

 7         (p)(o)  N-ethylpseudoephedrine.

 8         (q)(p)  N-methylephedrine.

 9         (r)(q)  N-methylpseudoephedrine.

10         (s)(r)  Norpseudoephedrine.

11         (t)(s)  Phenylacetic acid.

12         (u)(t)  Phenylpropanolamine.

13         (v)(u)  Piperidine.

14         (w)(v)  Piperonal.

15         (x)(w)  Propionic anhydride.

16         (y)(x)  Pseudoephedrine.

17         (z)(y)  Safrole.

18         (2)  ESSENTIAL CHEMICALS.--The term "listed essential

19  chemical" means a chemical that may be used as a solvent,

20  reagent, or catalyst in manufacturing a controlled substance

21  in violation of this chapter. The following are "listed

22  essential chemicals":

23         (a)  Acetic anhydride.

24         (b)  Acetone.

25         (c)  2-Butanone.

26         (d)  Ethyl ether.

27         (e)  Hydriodic acid.

28         (f)  Potassium permanganate.

29         (g)  Toluene.

30         Section 3.  Section 893.149, Florida Statutes, is

31  reenacted to read:


                                  7

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




    ENROLLED

    2003 Legislature                                       SB 1080



 1         893.149  Unlawful possession of listed chemical.--

 2         (1)  It is unlawful for any person to knowingly or

 3  intentionally:

 4         (a)  Possess a listed chemical with the intent to

 5  unlawfully manufacture a controlled substance;

 6         (b)  Possess or distribute a listed chemical knowing,

 7  or having reasonable cause to believe, that the listed

 8  chemical will be used to unlawfully manufacture a controlled

 9  substance.

10         (2)  Any person who violates this section is guilty of

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

12  775.082, s. 775.083, or s. 775.084.

13         Section 4.  This act shall take effect July 1, 2003.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  8

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