Senate Bill sb1644

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1644

    By Senator Gaetz





    4-1118A-07                                          See HB 735

  1                      A bill to be entitled

  2         An act relating to retail theft; amending s.

  3         812.015, F.S.; providing enhanced penalties for

  4         retail theft exceeding a specified amount for

  5         persons who individually, or in concert with

  6         others, coordinate the activities of one or

  7         more persons in committing the offense;

  8         amending s. 921.0022, F.S.; conforming the

  9         Criminal Punishment Code offense severity

10         ranking chart; providing an effective date.

11  

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

13  

14         Section 1.  Subsections (8) and (9) of section 812.015,

15  Florida Statutes, are amended to read:

16         812.015  Retail and farm theft; transit fare evasion;

17  mandatory fine; alternative punishment; detention and arrest;

18  exemption from liability for false arrest; resisting arrest;

19  penalties.--

20         (8)  Except as provided in subsection (9), If a person

21  who commits retail theft commits, it is a felony of the third

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

23  s. 775.084, if the property stolen is valued at $300 or more,

24  and the person:

25         (a)  Individually, or in concert with one or more other

26  persons, coordinates the activities of one or more individuals

27  in committing the offense, in which case the amount of each

28  individual theft is aggregated to determine the value of the

29  property stolen;

30         (b)  Commits theft from more than one location within a

31  48-hour period, in which case the amount of each individual

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






    Florida Senate - 2007                                  SB 1644
    4-1118A-07                                          See HB 735




 1  theft is aggregated to determine the value of the property

 2  stolen;

 3         (c)  Acts in concert with one or more other individuals

 4  within one or more establishments to distract the merchant,

 5  merchant's employee, or law enforcement officer in order to

 6  carry out the offense, or acts in other ways to coordinate

 7  efforts to carry out the offense; or

 8         (d)  Commits the offense through the purchase of

 9  merchandise in a package or box that contains merchandise

10  other than, or in addition to, the merchandise purported to be

11  contained in the package or box.

12         (9)  A Any person commits a felony of the second

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

14  s. 775.084, if the person:

15         (a)  who Violates subsection (8) and who has previously

16  been convicted of a violation of subsection (8); or

17         (b)  Individually, or in concert with one or more other

18  persons, coordinates the activities of one or more persons in

19  committing the offense of retail theft where the stolen

20  property has a value in excess of $3,000 commits a felony of

21  the second degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         Section 2.  Paragraph (f) of subsection (3) of section

24  921.0022, Florida Statutes, is amended to read:

25         (3)  OFFENSE SEVERITY RANKING CHART

26  Florida           Felony    Description

27  Statute           Degree

28                              (f)  LEVEL 6

29  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

30                              conviction.

31  499.0051(3)        2nd      Forgery of pedigree papers.

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    Florida Senate - 2007                                  SB 1644
    4-1118A-07                                          See HB 735




 1  499.0051(4)        2nd      Purchase or receipt of legend

 2                              drug from unauthorized person.

 3  499.0051(5)        2nd      Sale of legend drug to

 4                              unauthorized person.

 5  775.0875(1)        3rd      Taking firearm from law

 6                              enforcement officer.

 7  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 8                              without intent to kill.

 9  784.021(1)(b)      3rd      Aggravated assault; intent to

10                              commit felony.

11  784.041            3rd      Felony battery.

12  784.048(3)         3rd      Aggravated stalking; credible

13                              threat.

14  784.048(5)         3rd      Aggravated stalking of person

15                              under 16.

16  784.07(2)(c)       2nd      Aggravated assault on law

17                              enforcement officer.

18  784.074(1)(b)      2nd      Aggravated assault on sexually

19                              violent predators facility staff.

20  784.08(2)(b)       2nd      Aggravated assault on a person 65

21                              years of age or older.

22  784.081(2)         2nd      Aggravated assault on specified

23                              official or employee.

24  784.082(2)         2nd      Aggravated assault by detained

25                              person on visitor or other

26                              detainee.

27  784.083(2)         2nd      Aggravated assault on code

28                              inspector.

29  787.02(2)          3rd      False imprisonment; restraining

30                              with purpose other than those in

31                              s. 787.01.

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    Florida Senate - 2007                                  SB 1644
    4-1118A-07                                          See HB 735




 1  790.115(2)(d)      2nd      Discharging firearm or weapon on

 2                              school property.

 3  790.161(2)         2nd      Make, possess, or throw

 4                              destructive device with intent to

 5                              do bodily harm or damage

 6                              property.

 7  790.164(1)         2nd      False report of deadly explosive,

 8                              weapon of mass destruction, or

 9                              act of arson or violence to state

10                              property.

11  790.19             2nd      Shooting or throwing deadly

12                              missiles into dwellings, vessels,

13                              or vehicles.

14  794.011(8)(a)      3rd      Solicitation of minor to

15                              participate in sexual activity by

16                              custodial adult.

17  794.05(1)          2nd      Unlawful sexual activity with

18                              specified minor.

19  800.04(5)(d)       3rd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              less than 18 years.

23  800.04(6)(b)       2nd      Lewd or lascivious conduct;

24                              offender 18 years of age or

25                              older.

26  806.031(2)         2nd      Arson resulting in great bodily

27                              harm to firefighter or any other

28                              person.

29  810.02(3)(c)       2nd      Burglary of occupied structure;

30                              unarmed; no assault or battery.

31  

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    Florida Senate - 2007                                  SB 1644
    4-1118A-07                                          See HB 735




 1  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

 2                              but less than $100,000, grand

 3                              theft in 2nd degree.

 4  812.015(9)(a)      2nd      Retail theft; property stolen

 5                              $300 or more; second or

 6                              subsequent conviction.

 7  812.015(9)(b)      2nd      Retail theft; property stolen

 8                              $3,000 or more; coordination of

 9                              others.

10  812.13(2)(c)       2nd      Robbery, no firearm or other

11                              weapon (strong-arm robbery).

12  817.034(4)(a)1.    1st      Communications fraud, value

13                              greater than $50,000.

14  817.4821(5)        2nd      Possess cloning paraphernalia

15                              with intent to create cloned

16                              cellular telephones.

17  825.102(1)         3rd      Abuse of an elderly person or

18                              disabled adult.

19  825.102(3)(c)      3rd      Neglect of an elderly person or

20                              disabled adult.

21  825.1025(3)        3rd      Lewd or lascivious molestation of

22                              an elderly person or disabled

23                              adult.

24  825.103(2)(c)      3rd      Exploiting an elderly person or

25                              disabled adult and property is

26                              valued at less than $20,000.

27  827.03(1)          3rd      Abuse of a child.

28  827.03(3)(c)       3rd      Neglect of a child.

29  827.071(2) & (3)   2nd      Use or induce a child in a sexual

30                              performance, or promote or direct

31                              such performance.

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    Florida Senate - 2007                                  SB 1644
    4-1118A-07                                          See HB 735




 1  836.05             2nd      Threats; extortion.

 2  836.10             2nd      Written threats to kill or do

 3                              bodily injury.

 4  843.12             3rd      Aids or assists person to escape.

 5  847.0135(2)        3rd      Facilitates sexual conduct of or

 6                              with a minor or the visual

 7                              depiction of such conduct.

 8  914.23             2nd      Retaliation against a witness,

 9                              victim, or informant, with bodily

10                              injury.

11  944.35(3)(a)2.     3rd      Committing malicious battery upon

12                              or inflicting cruel or inhuman

13                              treatment on an inmate or

14                              offender on community

15                              supervision, resulting in great

16                              bodily harm.

17  944.40             2nd      Escapes.

18  944.46             3rd      Harboring, concealing, aiding

19                              escaped prisoners.

20  944.47(1)(a)5.     2nd      Introduction of contraband

21                              (firearm, weapon, or explosive)

22                              into correctional facility.

23  951.22(1)          3rd      Intoxicating drug, firearm, or

24                              weapon introduced into county

25                              facility.

26         Section 3.  This act shall take effect October 1, 2007.

27  

28  

29  

30  

31  

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