HB 0785 2003
1	A bill to be entitled
2	An act relating to anhydrous ammonia; amending s. 812.014,
3	F.S.; providing that the theft of anhydrous ammonia is
4	grand theft and a felony of the third degree; amending s.
5	893.033, F.S.; adding anhydrous ammonia to the list of
6	precursor chemicals that may be used in manufacturing a
7	controlled substance in violation of ch. 893, F.S.;
8	reenacting s. 893.149, F.S., relating to the unlawful
9	possession or distribution of a listed chemical; providing
10	an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 812.014, Florida Statutes, is amended
15	to read:
16	812.014 Theft.--
17	(1) A person commits theft if he or she knowingly obtains
18	or uses, or endeavors to obtain or to use, the property of
19	another with intent to, either temporarily or permanently:
20	(a) Deprive the other person of a right to the property or
21	a benefit from the property.
22	(b) Appropriate the property to his or her own use or to
23	the use of any person not entitled to the use of the property.
24	(2)(a)1. If the property stolen is valued at $100,000 or
25	more; or
26	2. If the property stolen is cargo valued at $50,000 or
27	more that has entered the stream of interstate or intrastate
28	commerce from the shipper's loading platform to the consignee's
29	receiving dock; or
30	3. If the offender commits any grand theft and:
31	a. In the course of committing the offense the offender
32	uses a motor vehicle as an instrumentality, other than merely as
33	a getaway vehicle, to assist in committing the offense and
34	thereby damages the real property of another; or
35	b. In the course of committing the offense the offender
36	causes damage to the real or personal property of another in
37	excess of $1,000,
38
39	the offender commits grand theft in the first degree, punishable
40	as a felony of the first degree, as provided in s. 775.082, s.
41	775.083, or s. 775.084.
42	(b)1. If the property stolen is valued at $20,000 or more,
43	but less than $100,000;
44	2. The property stolen is cargo valued at less than
45	$50,000 that has entered the stream of interstate or intrastate
46	commerce from the shipper's loading platform to the consignee's
47	receiving dock; or
48	3. The property stolen is emergency medical equipment,
49	valued at $300 or more, that is taken from a facility licensed
50	under chapter 395 or from an aircraft or vehicle permitted under
51	chapter 401,
52
53	the offender commits grand theft in the second degree,
54	punishable as a felony of the second degree, as provided in s.
55	775.082, s. 775.083, or s. 775.084. Emergency medical equipment
56	means mechanical or electronic apparatus used to provide
57	emergency services and care as defined in s. 395.002(10) or to
58	treat medical emergencies.
59	(c) It is grand theft of the third degree and a felony of
60	the third degree, punishable as provided in s. 775.082, s.
61	775.083, or s. 775.084, if the property stolen is:
62	1. Valued at $300 or more, but less than $5,000.
63	2. Valued at $5,000 or more, but less than $10,000.
64	3. Valued at $10,000 or more, but less than $20,000.
65	4. A will, codicil, or other testamentary instrument.
66	5. A firearm.
67	6. A motor vehicle, except as provided in paragraph
68	(2)(a).
69	7. Any commercially farmed animal, including any animal of
70	the equine, bovine, or swine class, or other grazing animal, and
71	including aquaculture species raised at a certified aquaculture
72	facility. If the property stolen is aquaculture species raised
73	at a certified aquaculture facility, then a $10,000 fine shall
74	be imposed.
75	8. Any fire extinguisher.
76	9. Any amount of citrus fruit consisting of 2,000 or more
77	individual pieces of fruit.
78	10. Taken from a designated construction site identified
79	by the posting of a sign as provided for in s. 810.09(2)(d).
80	11. Any stop sign.
81	12. Anhydrous ammonia.
82	(d) It is grand theft of the third degree and a felony of
83	the third degree, punishable as provided in s. 775.082, s.
84	775.083, or s. 775.084, if the property stolen is valued at $100
85	or more, but less than $300, and is taken from a dwelling as
86	defined in s. 810.011(2) or from the unenclosed curtilage of a
87	dwelling pursuant to s. 810.09(1).
88	(e) Except as provided in paragraph (d), if the property
89	stolen is valued at $100 or more, but less than $300, the
90	offender commits petit theft of the first degree, punishable as
91	a misdemeanor of the first degree, as provided in s. 775.082 or
92	s. 775.083.
93	(3)(a) Theft of any property not specified in subsection
94	(2) is petit theft of the second degree and a misdemeanor of the
95	second degree, punishable as provided in s. 775.082 or s.
96	775.083, and as provided in subsection (5), as applicable.
97	(b) A person who commits petit theft and who has
98	previously been convicted of any theft commits a misdemeanor of
99	the first degree, punishable as provided in s. 775.082 or s.
100	775.083.
101	(c) A person who commits petit theft and who has
102	previously been convicted two or more times of any theft commits
103	a felony of the third degree, punishable as provided in s.
104	775.082 or s. 775.083.
105	(d)1. Every judgment of guilty or not guilty of a petit
106	theft shall be in writing, signed by the judge, and recorded by
107	the clerk of the circuit court. The judge shall cause to be
108	affixed to every such written judgment of guilty of petit theft,
109	in open court and in the presence of such judge, the
110	fingerprints of the defendant against whom such judgment is
111	rendered. Such fingerprints shall be affixed beneath the
112	judge's signature to such judgment. Beneath such fingerprints
113	shall be appended a certificate to the following effect:
114
115	"I hereby certify that the above and foregoing fingerprints
116	on this judgment are the fingerprints of the defendant, ____,
117	and that they were placed thereon by said defendant in my
118	presence, in open court, this the ____ day of ____, . . .
119	(year) . . . .".
120
121	Such certificate shall be signed by the judge, whose signature
122	thereto shall be followed by the word "Judge."
123	2. Any such written judgment of guilty of a petit theft,
124	or a certified copy thereof, is admissible in evidence in the
125	courts of this state as prima facie evidence that the
126	fingerprints appearing thereon and certified by the judge are
127	the fingerprints of the defendant against whom such judgment of
128	guilty of a petit theft was rendered.
129	(4) Failure to comply with the terms of a lease when the
130	lease is for a term of 1 year or longer shall not constitute a
131	violation of this section unless demand for the return of the
132	property leased has been made in writing and the lessee has
133	failed to return the property within 7 days of his or her
134	receipt of the demand for return of the property. A demand
135	mailed by certified or registered mail, evidenced by return
136	receipt, to the last known address of the lessee shall be deemed
137	sufficient and equivalent to the demand having been received by
138	the lessee, whether such demand shall be returned undelivered or
139	not.
140	(5)(a) No person shall drive a motor vehicle so as to
141	cause it to leave the premises of an establishment at which
142	gasoline offered for retail sale was dispensed into the fuel
143	tank of such motor vehicle unless the payment of authorized
144	charge for the gasoline dispensed has been made.
145	(b) In addition to the penalties prescribed in paragraph
146	(3)(a), every judgment of guilty of a petit theft for property
147	described in this subsection shall provide for the suspension of
148	the convicted person's driver's license. The court shall forward
149	the driver's license to the Department of Highway Safety and
150	Motor Vehicles in accordance with s. 322.25.
151	1. The first suspension of a driver's license under this
152	subsection shall be for a period of up to 6 months.
153	2. The second or subsequent suspension of a driver's
154	license under this subsection shall be for a period of 1 year.
155	Section 2. Section 893.033, Florida Statutes, is amended
156	to read:
157	893.033 Listed chemicals.--The chemicals listed in this
158	section are included by whatever official, common, usual,
159	chemical, or trade name designated.
160	(1) PRECURSOR CHEMICALS.--The term "listed precursor
161	chemical" means a chemical that may be used in manufacturing a
162	controlled substance in violation of this chapter and is
163	critical to the creation of the controlled substance, and such
164	term includes any salt, optical isomer, or salt of an optical
165	isomer, whenever the existence of such salt, optical isomer, or
166	salt of optical isomer is possible within the specific chemical
167	designation. The following are "listed precursor chemicals":
168	(a) Anhydrous ammonia.
169	(b)(a)Anthranilic acid.
170	(c)(b)Benzyl chloride.
171	(d)(c)Benzyl cyanide.
172	(e)(d)Chloroephedrine.
173	(f)(e)Chloropseudoephedrine.
174	(g)(f)Ephedrine.
175	(h)(g)Ergonovine.
176	(i)(h)Ergotamine.
177	(j)(i)Ethylamine.
178	(k)(j)Isosafrole.
179	(l)(k)Methylamine.
180	(m)(l)3, 4-Methylenedioxyphenyl-2-propanone.
181	(n)(m)N-acetylanthranilic acid.
182	(o)(n)N-ethylephedrine.
183	(p)(o)N-ethylpseudoephedrine.
184	(q)(p)N-methylephedrine.
185	(r)(q)N-methylpseudoephedrine.
186	(s)(r)Norpseudoephedrine.
187	(t)(s)Phenylacetic acid.
188	(u)(t)Phenylpropanolamine.
189	(v)(u)Piperidine.
190	(w)(v)Piperonal.
191	(x)(w)Propionic anhydride.
192	(y)(x)Pseudoephedrine.
193	(z)(y)Safrole.
194	(2) ESSENTIAL CHEMICALS.--The term "listed essential
195	chemical" means a chemical that may be used as a solvent,
196	reagent, or catalyst in manufacturing a controlled substance in
197	violation of this chapter. The following are "listed essential
198	chemicals":
199	(a) Acetic anhydride.
200	(b) Acetone.
201	(c) 2-Butanone.
202	(d) Ethyl ether.
203	(e) Hydriodic acid.
204	(f) Potassium permanganate.
205	(g) Toluene.
206	Section 3. Section 893.149, Florida Statutes, is reenacted
207	to read:
208	893.149 Unlawful possession of listed chemical.--
209	(1) It is unlawful for any person to knowingly or
210	intentionally:
211	(a) Possess a listed chemical with the intent to
212	unlawfully manufacture a controlled substance;
213	(b) Possess or distribute a listed chemical knowing, or
214	having reasonable cause to believe, that the listed chemical
215	will be used to unlawfully manufacture a controlled substance.
216	(2) Any person who violates this section is guilty of a
217	felony of the second degree, punishable as provided in s.
218	775.082, s. 775.083, or s. 775.084.
219	Section 4. This act shall take effect July 1, 2003.