Florida Senate - 2018                                    SB 1040
       By Senator Baxley
       12-01371-18                                           20181040__
    1                        A bill to be entitled                      
    2         An act relating to retail theft; amending s. 812.015,
    3         F.S.; revising requirements for aggregation of retail
    4         thefts that constitute a higher degree of offense;
    5         amending s. 812.019, F.S.; prohibiting specified acts
    6         involving merchandise or a stored value card obtained
    7         from a fraudulent return; reenacting s.
    8         921.0022(3)(e), F.S., relating to level 5 of the
    9         offense severity ranking chart; providing an effective
   10         date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Subsection (8) of section 812.015, Florida
   15  Statutes, is amended, and subsection (9) of that section is
   16  republished, to read:
   17         812.015 Retail and farm theft; transit fare evasion;
   18  mandatory fine; alternative punishment; detention and arrest;
   19  exemption from liability for false arrest; resisting arrest;
   20  penalties.—
   21         (8) Except as provided in subsection (9), a person who
   22  commits retail theft commits a felony of the third degree,
   23  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   24  if the property stolen is valued at $300 or more, and the
   25  person:
   26         (a) Individually, or in concert with one or more other
   27  persons, coordinates the activities of one or more individuals
   28  in committing the offense, in which case the amount of each
   29  individual theft is aggregated to determine the value of the
   30  property stolen;
   31         (b) Individually, or in concert with one or more other
   32  persons, commits theft of any merchandise from one or more
   33  locations over a 90-day period with an aggregate value of more
   34  than $1,000 Commits theft from more than one location within a
   35  48-hour period, in which case the amount of each individual
   36  theft is aggregated to determine the value of the property
   37  stolen;
   38         (c) Acts in concert with one or more other individuals
   39  within one or more establishments to distract the merchant,
   40  merchant’s employee, or law enforcement officer in order to
   41  carry out the offense, or acts in other ways to coordinate
   42  efforts to carry out the offense; or
   43         (d) Commits the offense through the purchase of merchandise
   44  in a package or box that contains merchandise other than, or in
   45  addition to, the merchandise purported to be contained in the
   46  package or box.
   47         (9) A person commits a felony of the second degree,
   48  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   49  if the person:
   50         (a) Violates subsection (8) and has previously been
   51  convicted of a violation of subsection (8); or
   52         (b) Individually, or in concert with one or more other
   53  persons, coordinates the activities of one or more persons in
   54  committing the offense of retail theft where the stolen property
   55  has a value in excess of $3,000.
   56         Section 2. Subsection (3) is added to section 812.019,
   57  Florida Statutes, to read:
   58         812.019 Dealing in stolen property.—
   59         (3)Any person who receives, possesses, or purchases any
   60  merchandise or stored value card obtained from a fraudulent
   61  return with the knowledge that the merchandise or stored value
   62  card was obtained in violation of s. 812.015 commits a felony of
   63  the third degree, punishable as provided in ss. 775.082,
   64  775.083, and 775.084.
   65         Section 3. For the purpose of incorporating the amendment
   66  made by this act to section 812.015, Florida Statutes, in a
   67  reference thereto, paragraph (e) of subsection (3) of section
   68  921.0022, Florida Statutes, is reenacted to read:
   69         921.0022 Criminal Punishment Code; offense severity ranking
   70  chart.—
   72         (e) LEVEL 5
   74  FloridaStatute             FelonyDegree        Description        
   75  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   76  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
   77  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
   78  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   79  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
   80  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
   81  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   82  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
   83  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
   84  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
   85  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
   86  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   87  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   88  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
   89  790.01(2)                      3rd     Carrying a concealed firearm.
   90  790.162                        2nd     Threat to throw or discharge destructive device.
   91  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
   92  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
   93  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
   94  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
   95  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
   96  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
   97  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   98  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   99  812.015(8)                     3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  100  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  101  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  102  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  103  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  104  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  105  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  106  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  107  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  108  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  109  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  110  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  111  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  112  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  113  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  114  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  115  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  116  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  117  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  118  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  119  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  120  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  121  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  122  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  123  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  124  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  125  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  126         Section 4. This act shall take effect July 1, 2018.