Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (485662) for CS for SB 1218
       
       
       
       
       
       
                                Ì711458:Î711458                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2200 and 2201
    4  insert:
    5         Section 34. Paragraphs (c), (d), and (e) of subsection (2)
    6  and paragraphs (a), (b), and (c) of subsection (3) of section
    7  812.014, Florida Statutes, are amended to read:
    8         812.014 Theft.—
    9         (2)
   10         (c) It is grand theft of the third degree and a felony of
   11  the third degree, punishable as provided in s. 775.082, s.
   12  775.083, or s. 775.084, if the property stolen is:
   13         1. Valued at $1,000 $300 or more, but less than $5,000.
   14         2. Valued at $5,000 or more, but less than $10,000.
   15         3. Valued at $10,000 or more, but less than $20,000.
   16         4. A will, codicil, or other testamentary instrument.
   17         4.5. A firearm.
   18         5.6. A motor vehicle, except as provided in paragraph (a).
   19         6.7. Any commercially farmed animal, including any animal
   20  of the equine, bovine, or swine class or other grazing animal; a
   21  bee colony of a registered beekeeper; and aquaculture species
   22  raised at a certified aquaculture facility. If the property
   23  stolen is aquaculture species raised at a certified aquaculture
   24  facility, then a $10,000 fine shall be imposed.
   25         8. Any fire extinguisher.
   26         7.9. Any amount of citrus fruit consisting of 2,000 or more
   27  individual pieces of fruit.
   28         10. Taken from a designated construction site identified by
   29  the posting of a sign as provided for in s. 810.09(2)(d).
   30         11. Any stop sign.
   31         12. Anhydrous ammonia.
   32         8.13. Any amount of a controlled substance as defined in s.
   33  893.02. Notwithstanding any other law, separate judgments and
   34  sentences for theft of a controlled substance under this
   35  subparagraph and for any applicable possession of controlled
   36  substance offense under s. 893.13 or trafficking in controlled
   37  substance offense under s. 893.135 may be imposed when all such
   38  offenses involve the same amount or amounts of a controlled
   39  substance.
   40  
   41  However, if the property is stolen within a county that is
   42  subject to a state of emergency declared by the Governor under
   43  chapter 252, the property is stolen after the declaration of
   44  emergency is made, and the perpetration of the theft is
   45  facilitated by conditions arising from the emergency, the
   46  offender commits a felony of the second degree, punishable as
   47  provided in s. 775.082, s. 775.083, or s. 775.084, if the
   48  property is valued at $5,000 or more, but less than $10,000, as
   49  provided under subparagraph 2., or if the property is valued at
   50  $10,000 or more, but less than $20,000, as provided under
   51  subparagraph 3. As used in this paragraph, the term “conditions
   52  arising from the emergency” means civil unrest, power outages,
   53  curfews, voluntary or mandatory evacuations, or a reduction in
   54  the presence of or the response time for first responders or
   55  homeland security personnel. For purposes of sentencing under
   56  chapter 921, a felony offense that is reclassified under this
   57  paragraph is ranked one level above the ranking under s.
   58  921.0022 or s. 921.0023 of the offense committed.
   59         (d) 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 valued at
   62  $1,000 $100 or more, but less than $5,000 $300, and is taken
   63  from a dwelling as defined in s. 810.011(2) or from the
   64  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
   65         (e) Except as provided in paragraph (d), if the property
   66  stolen is valued at $500 $100 or more, but less than $1,000
   67  $300, the offender commits petit theft of the first degree,
   68  punishable as a misdemeanor of the first degree, as provided in
   69  s. 775.082 or s. 775.083.
   70         (3)(a) Theft of any property not specified in subsection
   71  (2) is petit theft of the second degree and a misdemeanor of the
   72  second degree, punishable as provided in s. 775.082 or s.
   73  775.083, and as provided in subsection (5), as applicable.
   74         (b) A person who commits petit theft and who has previously
   75  been convicted of any theft commits a misdemeanor of the first
   76  degree, punishable as provided in s. 775.082 or s. 775.083.
   77         (c) A person who commits petit theft of the first degree
   78  and who has previously been convicted two or more times of any
   79  theft as an adult commits a felony of the third degree,
   80  punishable as provided in s. 775.082 or s. 775.083, if the third
   81  or subsequent petit theft offense occurs within 3 years of his
   82  or her most recent theft conviction.
   83         Section 35. Subsections (8) and (9) of section 812.015,
   84  Florida Statutes, are amended to read:
   85         812.015 Retail and farm theft; transit fare evasion;
   86  mandatory fine; alternative punishment; detention and arrest;
   87  exemption from liability for false arrest; resisting arrest;
   88  penalties.—
   89         (8) Except as provided in subsection (9), a person who
   90  commits retail theft commits a felony of the third degree,
   91  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   92  if the property stolen is valued at $1,000 $300 or more, and the
   93  person:
   94         (a) Individually, or in concert with one or more other
   95  persons, coordinates the activities of one or more individuals
   96  in committing the offense, in which case the amount of each
   97  individual theft is aggregated to determine the value of the
   98  property stolen;
   99         (b) Commits theft from more than one location within a 48
  100  hour period, in which case the amount of each individual theft
  101  is aggregated to determine the value of the property stolen;
  102         (c) Acts in concert with one or more other individuals
  103  within one or more establishments to distract the merchant,
  104  merchant’s employee, or law enforcement officer in order to
  105  carry out the offense, or acts in other ways to coordinate
  106  efforts to carry out the offense; or
  107         (d) Commits the offense through the purchase of merchandise
  108  in a package or box that contains merchandise other than, or in
  109  addition to, the merchandise purported to be contained in the
  110  package or box.
  111         (9) A person commits a felony of the second degree,
  112  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  113  if the person:
  114         (a) Violates subsection (8) as an adult and within 3 years
  115  prior to the violation he or she has previously been convicted
  116  as an adult of a violation of subsection (8); or
  117         (b) Individually, or in concert with one or more other
  118  persons, coordinates the activities of one or more persons in
  119  committing the offense of retail theft where the stolen property
  120  has a value in excess of $3,000.
  121         Section 36. Paragraphs (a), (b), (d), (e), and (f) of
  122  subsection (3) of section 921.0022, Florida Statutes, are
  123  amended to read:
  124         921.0022 Criminal Punishment Code; offense severity ranking
  125  chart.—
  126         (3) OFFENSE SEVERITY RANKING CHART
  127         (a) LEVEL 1
  128  
  129  FloridaStatute          FelonyDegree          Description          
  130  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  131  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  132  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  133  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  134  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  135  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  136  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  137  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  138  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  139  322.212(5)(a)               3rd     False application for driver license or identification card.
  140  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  141  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  142  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
  143  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  144  562.27(1)                   3rd     Possess still or still apparatus.
  145  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
  146  812.014(3)(c)               3rd     Petit theft as adult (3rd or subsequent conviction) within certain time; theft of any property not specified in subsection (2).
  147  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  148  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  149  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  150  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  151  826.01                      3rd     Bigamy.                        
  152  828.122(3)                  3rd     Fighting or baiting animals.   
  153  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  154  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  155  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  156  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  157  838.15(2)                   3rd     Commercial bribe receiving.    
  158  838.16                      3rd     Commercial bribery.            
  159  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  160  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  161  849.01                      3rd     Keeping gambling house.        
  162  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  163  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  164  849.25(2)                   3rd     Engaging in bookmaking.        
  165  860.08                      3rd     Interfere with a railroad signal.
  166  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  167  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  168  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  169  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  170  
  171  
  172         (b) LEVEL 2
  173  
  174  FloridaStatute             FelonyDegree        Description        
  175  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  176  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  177  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  178  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  179  590.28(1)                      3rd     Intentional burning of lands.
  180  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  181  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  182  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  183  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  184  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  185  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
  186  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
  187  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  188  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  189  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  190  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  191  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  192  817.60(5)                      3rd     Dealing in credit cards of another.
  193  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  194  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  195  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  196  831.01                         3rd     Forgery.                   
  197  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  198  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  199  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  200  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  201  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  202  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  203  843.08                         3rd     False personation.         
  204  893.13(2)(a)2.                 3rd     Purchase of any 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 other than cannabis.
  205  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  206  
  207         (d) LEVEL 4
  208  
  209  FloridaStatute              FelonyDegree        Description        
  210  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  211  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  212  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  213  517.07(1)                        3rd     Failure to register securities.
  214  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  215  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  216  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  217  784.075                          3rd     Battery on detention or commitment facility staff.
  218  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  219  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  220  784.081(3)                       3rd     Battery on specified official or employee.
  221  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  222  784.083(3)                       3rd     Battery on code inspector.
  223  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  224  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  225  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  226  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  227  787.07                           3rd     Human smuggling.          
  228  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  229  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  230  790.115(2)(c)                    3rd     Possessing firearm on school property.
  231  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  232  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  233  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  234  810.06                           3rd     Burglary; possession of tools.
  235  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  236  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  237  812.014(2)(c)4.-7.812.014(2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, bee colony, aquaculture species, citrus fruit etc.
  238  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  239  817.505(4)(a)                    3rd     Patient brokering.        
  240  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  241  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  242  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  243  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  244  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  245  837.02(1)                        3rd     Perjury in official proceedings.
  246  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  247  838.022                          3rd     Official misconduct.      
  248  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  249  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  250  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  251  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  252  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  253  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  254  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  255  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  256  914.14(2)                        3rd     Witnesses accepting bribes.
  257  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  258  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  259  918.12                           3rd     Tampering with jurors.    
  260  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  261  
  262         (e) LEVEL 5
  263  
  264  FloridaStatute             FelonyDegree        Description        
  265  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  266  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  267  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  268  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  269  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  270  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.
  271  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  272  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  273  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  274  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  275  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  276  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  277  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  278  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  279  790.01(2)                      3rd     Carrying a concealed firearm.
  280  790.162                        2nd     Threat to throw or discharge destructive device.
  281  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  282  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  283  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  284  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  285  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  286  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  287  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  288  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  289  812.015(8)                     3rd     Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
  290  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  291  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  292  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  293  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  294  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  295  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.
  296  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.
  297  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  298  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  299  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  300  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  301  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  302  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.
  303  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  304  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  305  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  306  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  307  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  308  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  309  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).
  310  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.
  311  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.
  312  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.
  313  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.
  314  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  315  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  316  
  317         (f) LEVEL 6
  318  
  319  FloridaStatute              FelonyDegree        Description        
  320  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  321  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  322  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  323  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  324  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  325  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  326  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  327  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  328  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  329  784.041                          3rd     Felony battery; domestic battery by strangulation.
  330  784.048(3)                       3rd     Aggravated stalking; credible threat.
  331  784.048(5)                       3rd     Aggravated stalking of person under 16.
  332  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  333  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  334  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  335  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  336  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  337  784.083(2)                       2nd     Aggravated assault on code inspector.
  338  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  339  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  340  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  341  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  342  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  343  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  344  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  345  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  346  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  347  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  348  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  349  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  350  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  351  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  352  812.015(9)(a)                    2nd     Retail theft as adult; property stolen $1,000 $300 or more; second or subsequent conviction within certain time.
  353  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  354  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  355  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  356  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  357  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  358  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  359  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  360  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  361  827.03(2)(c)                     3rd     Abuse of a child.         
  362  827.03(2)(d)                     3rd     Neglect of a child.       
  363  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  364  836.05                           2nd     Threats; extortion.       
  365  836.10                           2nd     Written threats to kill or do bodily injury.
  366  843.12                           3rd     Aids or assists person to escape.
  367  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  368  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  369  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  370  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  371  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  372  944.40                           2nd     Escapes.                  
  373  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  374  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  375  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  376  
  377         Section 37. Paragraph (a) of subsection (1) and paragraph
  378  (c) of subsection (2) of section 985.557, Florida Statutes, are
  379  amended to read:
  380         985.557 Direct filing of an information; discretionary and
  381  mandatory criteria.—
  382         (1) DISCRETIONARY DIRECT FILE.—
  383         (a) With respect to any child who was 14 or 15 years of age
  384  at the time the alleged offense was committed, the state
  385  attorney may file an information when in the state attorney’s
  386  judgment and discretion the public interest requires that adult
  387  sanctions be considered or imposed and when the offense charged
  388  is for the commission of, attempt to commit, or conspiracy to
  389  commit:
  390         1. Arson;
  391         2. Sexual battery;
  392         3. Robbery;
  393         4. Kidnapping;
  394         5. Aggravated child abuse;
  395         6. Aggravated assault;
  396         7. Aggravated stalking;
  397         8. Murder;
  398         9. Manslaughter;
  399         10. Unlawful throwing, placing, or discharging of a
  400  destructive device or bomb;
  401         11. Armed burglary in violation of s. 810.02(2)(b) or
  402  specified burglary of a dwelling or structure in violation of s.
  403  810.02(2)(c), or burglary with an assault or battery in
  404  violation of s. 810.02(2)(a);
  405         12. Aggravated battery;
  406         13. Any lewd or lascivious offense committed upon or in the
  407  presence of a person less than 16 years of age;
  408         14. Carrying, displaying, using, threatening, or attempting
  409  to use a weapon or firearm during the commission of a felony;
  410         15. Grand theft in violation of s. 812.014(2)(a);
  411         16. Possessing or discharging any weapon or firearm on
  412  school property in violation of s. 790.115;
  413         17. Home invasion robbery;
  414         18. Carjacking; or
  415         19. Grand theft of a motor vehicle in violation of s.
  416  812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
  417  vehicle valued at $20,000 or more in violation of s.
  418  812.014(2)(b) if the child has a previous adjudication for grand
  419  theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
  420  812.014(2)(c)6. or s. 812.014(2)(b).
  421         (2) MANDATORY DIRECT FILE.—
  422         (c) The state attorney must file an information if a child,
  423  regardless of the child’s age at the time the alleged offense
  424  was committed, is alleged to have committed an act that would be
  425  a violation of law if the child were an adult, that involves
  426  stealing a motor vehicle, including, but not limited to, a
  427  violation of s. 812.133, relating to carjacking, or s.
  428  812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
  429  motor vehicle, and while the child was in possession of the
  430  stolen motor vehicle the child caused serious bodily injury to
  431  or the death of a person who was not involved in the underlying
  432  offense. For purposes of this section, the driver and all
  433  willing passengers in the stolen motor vehicle at the time such
  434  serious bodily injury or death is inflicted shall also be
  435  subject to mandatory transfer to adult court. “Stolen motor
  436  vehicle,” for the purposes of this section, means a motor
  437  vehicle that has been the subject of any criminal wrongful
  438  taking. For purposes of this section, “willing passengers” means
  439  all willing passengers who have participated in the underlying
  440  offense.
  441         Section 38. For the purpose of incorporating the amendment
  442  made by this act to section 812.014, Florida Statutes, in a
  443  reference thereto, subsection (10) of section 95.18, Florida
  444  Statutes, is reenacted to read:
  445         95.18 Real property actions; adverse possession without
  446  color of title.—
  447         (10) A person who occupies or attempts to occupy a
  448  residential structure solely by claim of adverse possession
  449  under this section and offers the property for lease to another
  450  commits theft under s. 812.014.
  451         Section 39. For the purpose of incorporating the amendment
  452  made by this act to section 812.014, Florida Statutes, in a
  453  reference thereto, paragraph (c) of subsection (3) of section
  454  373.6055, Florida Statutes, is reenacted to read:
  455         373.6055 Criminal history checks for certain water
  456  management district employees and others.—
  457         (3)
  458         (c) In addition to other requirements for employment or
  459  access established by any water management district pursuant to
  460  its water management district’s security plan for buildings,
  461  facilities, and structures, each water management district’s
  462  security plan shall provide that:
  463         1. Any person who has within the past 7 years been
  464  convicted, regardless of whether adjudication was withheld, for
  465  a forcible felony as defined in s. 776.08; an act of terrorism
  466  as defined in s. 775.30; planting of a hoax bomb as provided in
  467  s. 790.165; any violation involving the manufacture, possession,
  468  sale, delivery, display, use, or attempted or threatened use of
  469  a weapon of mass destruction or hoax weapon of mass destruction
  470  as provided in s. 790.166; dealing in stolen property; any
  471  violation of s. 893.135; any violation involving the sale,
  472  manufacturing, delivery, or possession with intent to sell,
  473  manufacture, or deliver a controlled substance; burglary;
  474  robbery; any felony violation of s. 812.014; any violation of s.
  475  790.07; any crime an element of which includes use or possession
  476  of a firearm; any conviction for any similar offenses under the
  477  laws of another jurisdiction; or conviction for conspiracy to
  478  commit any of the listed offenses may not be qualified for
  479  initial employment within or authorized regular access to
  480  buildings, facilities, or structures defined in the water
  481  management district’s security plan as restricted access areas.
  482         2. Any person who has at any time been convicted of any of
  483  the offenses listed in subparagraph 1. may not be qualified for
  484  initial employment within or authorized regular access to
  485  buildings, facilities, or structures defined in the water
  486  management district’s security plan as restricted access areas
  487  unless, after release from incarceration and any supervision
  488  imposed as a sentence, the person remained free from a
  489  subsequent conviction, regardless of whether adjudication was
  490  withheld, for any of the listed offenses for a period of at
  491  least 7 years prior to the employment or access date under
  492  consideration.
  493         Section 40. For the purpose of incorporating the amendment
  494  made by this act to section 812.014, Florida Statutes, in a
  495  reference thereto, subsection (3) of section 400.9935, Florida
  496  Statutes, is reenacted to read:
  497         400.9935 Clinic responsibilities.—
  498         (3) A charge or reimbursement claim made by or on behalf of
  499  a clinic that is required to be licensed under this part but
  500  that is not so licensed, or that is otherwise operating in
  501  violation of this part, regardless of whether a service is
  502  rendered or whether the charge or reimbursement claim is paid,
  503  is an unlawful charge and is noncompensable and unenforceable. A
  504  person who knowingly makes or causes to be made an unlawful
  505  charge commits theft within the meaning of and punishable as
  506  provided in s. 812.014.
  507         Section 41. For the purpose of incorporating the amendment
  508  made by this act to section 812.014, Florida Statutes, in a
  509  reference thereto, paragraph (g) of subsection (17) of section
  510  409.910, Florida Statutes, is reenacted to read:
  511         409.910 Responsibility for payments on behalf of Medicaid
  512  eligible persons when other parties are liable.—
  513         (17)
  514         (g) The agency may investigate and request appropriate
  515  officers or agencies of the state to investigate suspected
  516  criminal violations or fraudulent activity related to third
  517  party benefits, including, without limitation, ss. 414.39 and
  518  812.014. Such requests may be directed, without limitation, to
  519  the Medicaid Fraud Control Unit of the Office of the Attorney
  520  General or to any state attorney. Pursuant to s. 409.913, the
  521  Attorney General has primary responsibility to investigate and
  522  control Medicaid fraud.
  523         Section 42. For the purpose of incorporating the amendment
  524  made by this act to section 812.014, Florida Statutes, in a
  525  reference thereto, subsection (4) of section 489.126, Florida
  526  Statutes, is reenacted to read:
  527         489.126 Moneys received by contractors.—
  528         (4) Any person who violates any provision of this section
  529  is guilty of theft and shall be prosecuted and punished under s.
  530  812.014.
  531         Section 43. For the purpose of incorporating the amendment
  532  made by this act to section 812.015, Florida Statutes, in a
  533  reference thereto, subsection (5) of section 538.09, Florida
  534  Statutes, is reenacted to read:
  535         538.09 Registration.—
  536         (5) In addition to the fine provided in subsection (4),
  537  registration under this section may be denied or any
  538  registration granted may be revoked, restricted, or suspended by
  539  the department if the department determines that the applicant
  540  or registrant:
  541         (a) Has violated any provision of this chapter or any rule
  542  or order made pursuant to this chapter;
  543         (b) Has made a material false statement in the application
  544  for registration;
  545         (c) Has been guilty of a fraudulent act in connection with
  546  any purchase or sale or has been or is engaged in or is about to
  547  engage in any practice, purchase, or sale which is fraudulent or
  548  in violation of the law;
  549         (d) Has made a misrepresentation or false statement to, or
  550  concealed any essential or material fact from, any person in
  551  making any purchase or sale;
  552         (e) Is making purchases or sales through any business
  553  associate not registered in compliance with the provisions of
  554  this chapter;
  555         (f) Has, within the preceding 10-year period for new
  556  registrants who apply for registration on or after October 1,
  557  2006, been convicted of, or has entered a plea of guilty or nolo
  558  contendere to, or had adjudication withheld for, a crime against
  559  the laws of this state or any other state or of the United
  560  States which relates to registration as a secondhand dealer or
  561  which involves theft, larceny, dealing in stolen property,
  562  receiving stolen property, burglary, embezzlement, obtaining
  563  property by false pretenses, possession of altered property, any
  564  felony drug offense, any violation of s. 812.015, or any
  565  fraudulent dealing;
  566         (g) Has had a final judgment entered against her or him in
  567  a civil action upon grounds of fraud, embezzlement,
  568  misrepresentation, or deceit; or
  569         (h) Has failed to pay any sales tax owed to the Department
  570  of Revenue.
  571  
  572         In the event the department determines to deny an
  573  application or revoke a registration, it shall enter a final
  574  order with its findings on the register of secondhand dealers
  575  and their business associates, if any; and denial, suspension,
  576  or revocation of the registration of a secondhand dealer shall
  577  also deny, suspend, or revoke the registration of such
  578  secondhand dealer’s business associates.
  579         Section 44. For the purpose of incorporating the amendment
  580  made by this act to section 812.014, Florida Statutes, in a
  581  reference thereto, subsection (2) of section 538.23, Florida
  582  Statutes, is reenacted to read:
  583         538.23 Violations and penalties.—
  584         (2) A secondary metals recycler is presumed to know upon
  585  receipt of stolen regulated metals property in a purchase
  586  transaction that the regulated metals property has been stolen
  587  from another if the secondary metals recycler knowingly and
  588  intentionally fails to maintain the information required in s.
  589  538.19 and shall, upon conviction of a violation of s. 812.015,
  590  be punished as provided in s. 812.014(2) or (3).
  591         Section 45. For the purpose of incorporating the amendment
  592  made by this act to section 812.014, Florida Statutes, in a
  593  reference thereto, subsection (10) of section 550.6305, Florida
  594  Statutes, is reenacted to read:
  595         550.6305 Intertrack wagering; guest track payments;
  596  accounting rules.—
  597         (10) All races or games conducted at a permitholder’s
  598  facility, all broadcasts of such races or games, and all
  599  broadcast rights relating thereto are owned by the permitholder
  600  at whose facility such races or games are conducted and
  601  constitute the permitholder’s property as defined in s.
  602  812.012(4). Transmission, reception of a transmission,
  603  exhibition, use, or other appropriation of such races or games,
  604  broadcasts of such races or games, or broadcast rights relating
  605  thereto without the written consent of the permitholder
  606  constitutes a theft of such property under s. 812.014; and in
  607  addition to the penal sanctions contained in s. 812.014, the
  608  permitholder has the right to avail itself of the civil remedies
  609  specified in ss. 772.104, 772.11, and 812.035 in addition to any
  610  other remedies available under applicable state or federal law.
  611         Section 46. For the purpose of incorporating the amendment
  612  made by this act to section 812.014, Florida Statutes, in a
  613  reference thereto, subsection (2) of section 634.319, Florida
  614  Statutes, is reenacted to read:
  615         634.319 Reporting and accounting for funds.—
  616         (2) Any sales representative who, not being entitled
  617  thereto, diverts or appropriates such funds or any portion
  618  thereof to her or his own use is, upon conviction, guilty of
  619  theft, punishable as provided in s. 812.014.
  620         Section 47. For the purpose of incorporating the amendment
  621  made by this act to section 812.014, Florida Statutes, in a
  622  reference thereto, subsection (2) of section 634.421, Florida
  623  Statutes, is reenacted to read:
  624         634.421 Reporting and accounting for funds.—
  625         (2) Any sales representative who, not being entitled
  626  thereto, diverts or appropriates funds or any portion thereof to
  627  her or his own use commits theft as provided in s. 812.014.
  628         Section 48. For the purpose of incorporating the amendment
  629  made by this act to section 812.014, Florida Statutes, in a
  630  reference thereto, subsection (3) of section 636.238, Florida
  631  Statutes, is reenacted to read:
  632         636.238 Penalties for violation of this part.—
  633         (3) A person who collects fees for purported membership in
  634  a discount plan but purposefully fails to provide the promised
  635  benefits commits a theft, punishable as provided in s. 812.014.
  636         Section 49. For the purpose of incorporating the amendment
  637  made by this act to section 812.014, Florida Statutes, in a
  638  reference thereto, subsection (2) of section 642.038, Florida
  639  Statutes, is reenacted to read:
  640         642.038 Reporting and accounting for funds.—
  641         (2) Any sales representative who, not being entitled
  642  thereto, diverts or appropriates such funds or any portion
  643  thereof to his or her own use commits theft as provided in s.
  644  812.014.
  645         Section 50. For the purpose of incorporating the amendment
  646  made by this act to section 812.014, Florida Statutes, in a
  647  reference thereto, subsection (4) of section 705.102, Florida
  648  Statutes, is reenacted to read:
  649         705.102 Reporting lost or abandoned property.—
  650         (4) Any person who unlawfully appropriates such lost or
  651  abandoned property to his or her own use or refuses to deliver
  652  such property when required commits theft as defined in s.
  653  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  654  775.084.
  655         Section 51. For the purpose of incorporating the amendment
  656  made by this act to section 812.014, Florida Statutes, in a
  657  reference thereto, paragraph (d) of subsection (1) of section
  658  718.111, Florida Statutes, is reenacted to read:
  659         718.111 The association.—
  660         (1) CORPORATE ENTITY.—
  661         (d) As required by s. 617.0830, an officer, director, or
  662  agent shall discharge his or her duties in good faith, with the
  663  care an ordinarily prudent person in a like position would
  664  exercise under similar circumstances, and in a manner he or she
  665  reasonably believes to be in the interests of the association.
  666  An officer, director, or agent shall be liable for monetary
  667  damages as provided in s. 617.0834 if such officer, director, or
  668  agent breached or failed to perform his or her duties and the
  669  breach of, or failure to perform, his or her duties constitutes
  670  a violation of criminal law as provided in s. 617.0834;
  671  constitutes a transaction from which the officer or director
  672  derived an improper personal benefit, either directly or
  673  indirectly; or constitutes recklessness or an act or omission
  674  that was in bad faith, with malicious purpose, or in a manner
  675  exhibiting wanton and willful disregard of human rights, safety,
  676  or property. Forgery of a ballot envelope or voting certificate
  677  used in a condominium association election is punishable as
  678  provided in s. 831.01, the theft or embezzlement of funds of a
  679  condominium association is punishable as provided in s. 812.014,
  680  and the destruction of or the refusal to allow inspection or
  681  copying of an official record of a condominium association that
  682  is accessible to unit owners within the time periods required by
  683  general law in furtherance of any crime is punishable as
  684  tampering with physical evidence as provided in s. 918.13 or as
  685  obstruction of justice as provided in chapter 843. An officer or
  686  director charged by information or indictment with a crime
  687  referenced in this paragraph must be removed from office, and
  688  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
  689  until the end of the officer’s or director’s period of
  690  suspension or the end of his or her term of office, whichever
  691  occurs first. If a criminal charge is pending against the
  692  officer or director, he or she may not be appointed or elected
  693  to a position as an officer or a director of any association and
  694  may not have access to the official records of any association,
  695  except pursuant to a court order. However, if the charges are
  696  resolved without a finding of guilt, the officer or director
  697  must be reinstated for the remainder of his or her term of
  698  office, if any.
  699         Section 52. For the purpose of incorporating the amendment
  700  made by this act to section 812.014, Florida Statutes, in a
  701  reference thereto, subsection (2) of section 812.015, Florida
  702  Statutes, is reenacted to read:
  703         812.015 Retail and farm theft; transit fare evasion;
  704  mandatory fine; alternative punishment; detention and arrest;
  705  exemption from liability for false arrest; resisting arrest;
  706  penalties.—
  707         (2) Upon a second or subsequent conviction for petit theft
  708  from a merchant, farmer, or transit agency, the offender shall
  709  be punished as provided in s. 812.014(3), except that the court
  710  shall impose a fine of not less than $50 or more than $1,000.
  711  However, in lieu of such fine, the court may require the
  712  offender to perform public services designated by the court. In
  713  no event shall any such offender be required to perform fewer
  714  than the number of hours of public service necessary to satisfy
  715  the fine assessed by the court, as provided by this subsection,
  716  at the minimum wage prevailing in the state at the time of
  717  sentencing.
  718         Section 53. For the purpose of incorporating the amendment
  719  made by this act to section 812.014, Florida Statutes, in a
  720  reference thereto, subsections (1) and (2) of section 812.0155,
  721  Florida Statutes, are reenacted to read:
  722         812.0155 Suspension of driver license following an
  723  adjudication of guilt for theft.—
  724         (1) Except as provided in subsections (2) and (3), the
  725  court may order the suspension of the driver license of each
  726  person adjudicated guilty of any misdemeanor violation of s.
  727  812.014 or s. 812.015, regardless of the value of the property
  728  stolen. Upon ordering the suspension of the driver license of
  729  the person adjudicated guilty, the court shall forward the
  730  driver license of the person adjudicated guilty to the
  731  Department of Highway Safety and Motor Vehicles in accordance
  732  with s. 322.25.
  733         (a) The first suspension of a driver license under this
  734  subsection shall be for a period of up to 6 months.
  735         (b) A second or subsequent suspension of a driver license
  736  under this subsection shall be for 1 year.
  737         (2) The court may revoke, suspend, or withhold issuance of
  738  a driver license of a person less than 18 years of age who
  739  violates s. 812.014 or s. 812.015 as an alternative to
  740  sentencing the person to:
  741         (a) Probation as defined in s. 985.03 or commitment to the
  742  Department of Juvenile Justice, if the person is adjudicated
  743  delinquent for such violation and has not previously been
  744  convicted of or adjudicated delinquent for any criminal offense,
  745  regardless of whether adjudication was withheld.
  746         (b) Probation as defined in s. 985.03, commitment to the
  747  Department of Juvenile Justice, probation as defined in chapter
  748  948, community control, or incarceration, if the person is
  749  convicted as an adult of such violation and has not previously
  750  been convicted of or adjudicated delinquent for any criminal
  751  offense, regardless of whether adjudication was withheld.
  752         Section 54. For the purpose of incorporating the amendment
  753  made by this act to section 812.014, Florida Statutes, in a
  754  reference thereto, subsections (4), (7), and (8) of section
  755  812.14, Florida Statutes, are reenacted to read:
  756         812.14 Trespass and larceny with relation to utility
  757  fixtures; theft of utility services.—
  758         (4) A person who willfully violates subsection (2) commits
  759  theft, punishable as provided in s. 812.014.
  760         (7) An owner, lessor, or sublessor who willfully violates
  761  subsection (5) commits a misdemeanor of the first degree,
  762  punishable as provided in s. 775.082 or s. 775.083. Prosecution
  763  for a violation of subsection (5) does not preclude prosecution
  764  for theft pursuant to subsection (8) or s. 812.014.
  765         (8) Theft of utility services for the purpose of
  766  facilitating the manufacture of a controlled substance is theft,
  767  punishable as provided in s. 812.014.
  768         Section 55. For the purpose of incorporating the amendment
  769  made by this act to section 812.014, Florida Statutes, in a
  770  reference thereto, subsection (3) of section 893.138, Florida
  771  Statutes, is reenacted to read:
  772         893.138 Local administrative action to abate drug-related,
  773  prostitution-related, or stolen-property-related public
  774  nuisances and criminal gang activity.—
  775         (3) Any pain-management clinic, as described in s. 458.3265
  776  or s. 459.0137, which has been used on more than two occasions
  777  within a 6-month period as the site of a violation of:
  778         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  779  relating to assault and battery;
  780         (b) Section 810.02, relating to burglary;
  781         (c) Section 812.014, relating to theft;
  782         (d) Section 812.131, relating to robbery by sudden
  783  snatching; or
  784         (e) Section 893.13, relating to the unlawful distribution
  785  of controlled substances,
  786  
  787         may be declared to be a public nuisance, and such nuisance
  788  may be abated pursuant to the procedures provided in this
  789  section.
  790         Section 56. For the purpose of incorporating the amendment
  791  made by this act to section 812.014, Florida Statutes, in a
  792  reference thereto, paragraph (b) of subsection (3) of section
  793  943.051, Florida Statutes, is reenacted to read:
  794         943.051 Criminal justice information; collection and
  795  storage; fingerprinting.—
  796         (3)
  797         (b) A minor who is charged with or found to have committed
  798  the following offenses shall be fingerprinted and the
  799  fingerprints shall be submitted electronically to the
  800  department, unless the minor is issued a civil citation pursuant
  801  to s. 985.12:
  802         1. Assault, as defined in s. 784.011.
  803         2. Battery, as defined in s. 784.03.
  804         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  805         4. Unlawful use of destructive devices or bombs, as defined
  806  in s. 790.1615(1).
  807         5. Neglect of a child, as defined in s. 827.03(1)(e).
  808         6. Assault or battery on a law enforcement officer, a
  809  firefighter, or other specified officers, as defined in s.
  810  784.07(2)(a) and (b).
  811         7. Open carrying of a weapon, as defined in s. 790.053.
  812         8. Exposure of sexual organs, as defined in s. 800.03.
  813         9. Unlawful possession of a firearm, as defined in s.
  814  790.22(5).
  815         10. Petit theft, as defined in s. 812.014(3).
  816         11. Cruelty to animals, as defined in s. 828.12(1).
  817         12. Arson, as defined in s. 806.031(1).
  818         13. Unlawful possession or discharge of a weapon or firearm
  819  at a school-sponsored event or on school property, as provided
  820  in s. 790.115.
  821         Section 57. For the purpose of incorporating the amendment
  822  made by this act to section 812.014, Florida Statutes, in a
  823  reference thereto, paragraph (b) of subsection (1) of section
  824  985.11, Florida Statutes, is reenacted to read:
  825         985.11 Fingerprinting and photographing.—
  826         (1)
  827         (b) Unless the child is issued a civil citation or is
  828  participating in a similar diversion program pursuant to s.
  829  985.12, a child who is charged with or found to have committed
  830  one of the following offenses shall be fingerprinted, and the
  831  fingerprints shall be submitted to the Department of Law
  832  Enforcement as provided in s. 943.051(3)(b):
  833         1. Assault, as defined in s. 784.011.
  834         2. Battery, as defined in s. 784.03.
  835         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  836         4. Unlawful use of destructive devices or bombs, as defined
  837  in s. 790.1615(1).
  838         5. Neglect of a child, as defined in s. 827.03(1)(e).
  839         6. Assault on a law enforcement officer, a firefighter, or
  840  other specified officers, as defined in s. 784.07(2)(a).
  841         7. Open carrying of a weapon, as defined in s. 790.053.
  842         8. Exposure of sexual organs, as defined in s. 800.03.
  843         9. Unlawful possession of a firearm, as defined in s.
  844  790.22(5).
  845         10. Petit theft, as defined in s. 812.014.
  846         11. Cruelty to animals, as defined in s. 828.12(1).
  847         12. Arson, resulting in bodily harm to a firefighter, as
  848  defined in s. 806.031(1).
  849         13. Unlawful possession or discharge of a weapon or firearm
  850  at a school-sponsored event or on school property as defined in
  851  s. 790.115.
  852  
  853         A law enforcement agency may fingerprint and photograph a
  854  child taken into custody upon probable cause that such child has
  855  committed any other violation of law, as the agency deems
  856  appropriate. Such fingerprint records and photographs shall be
  857  retained by the law enforcement agency in a separate file, and
  858  these records and all copies thereof must be marked “Juvenile
  859  Confidential.” These records are not available for public
  860  disclosure and inspection under s. 119.07(1) except as provided
  861  in ss. 943.053 and 985.04(2), but shall be available to other
  862  law enforcement agencies, criminal justice agencies, state
  863  attorneys, the courts, the child, the parents or legal
  864  custodians of the child, their attorneys, and any other person
  865  authorized by the court to have access to such records. In
  866  addition, such records may be submitted to the Department of Law
  867  Enforcement for inclusion in the state criminal history records
  868  and used by criminal justice agencies for criminal justice
  869  purposes. These records may, in the discretion of the court, be
  870  open to inspection by anyone upon a showing of cause. The
  871  fingerprint and photograph records shall be produced in the
  872  court whenever directed by the court. Any photograph taken
  873  pursuant to this section may be shown by a law enforcement
  874  officer to any victim or witness of a crime for the purpose of
  875  identifying the person who committed such crime.
  876         
  877  
  878  ================= T I T L E  A M E N D M E N T ================
  879  And the title is amended as follows:
  880         Delete line 283
  881  and insert:
  882         programs; detailing program criteria; amending s.
  883         812.014, F.S.; revising threshold amounts and types of
  884         property which qualify for theft offenses; amending s.
  885         812.015, F.S.; revising threshold amounts for retail
  886         theft; amending s. 921.0022, F.S.; conforming
  887         provisions to changes made by the act; conforming a
  888         cross-reference; amending s. 985.557, F.S.; conforming
  889         cross-references; reenacting ss. 95.18(10),
  890         373.6055(3)(c), 400.9935(3), 409.910(17)(g),
  891         489.126(4), 538.09(5), 538.23(2), 550.6305(10),
  892         634.319(2), 634.421(2), 636.238(3), 642.038(2),
  893         705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
  894         (2), 812.14(4),(7), and (8), 893.138(3),
  895         943.051(3)(b), and 985.11(1)(b), F.S., relating to
  896         adverse possession without color of title, criminal
  897         history checks for certain water management district
  898         employees and others, clinic responsibilities,
  899         responsibility for payments on behalf of Medicaid
  900         eligible persons when other parties are liable, moneys
  901         received by contractors, secondhand dealer
  902         registration, secondary metals recycler violations and
  903         penalties, intertrack wagering, diversion or
  904         appropriation of funds by warranty association sales
  905         representatives, collection of fees for purported
  906         membership in discount plan organizations, diversion
  907         or appropriation of funds by legal expense insurance
  908         sales representatives, reporting lost or abandoned
  909         property, condominium associations, retail and farm
  910         theft, suspension of driver license following an
  911         adjudication of guilt for theft, trespass and larceny
  912         with relation to utility fixtures and theft of utility
  913         services, local administrative action to abate drug
  914         related, prostitution-related, or stolen-property
  915         related public nuisances and criminal gang activity,
  916         fingerprinting of certain minors, and fingerprinting
  917         and photographing of certain children, respectively,
  918         to incorporate the amendments made by the act in
  919         cross-references to amended provisions; reenacting s.