Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SPB 7072
Ì7607545Î760754
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment
2
3 Delete lines 118 - 398
4 and insert:
5 1. Valued at $1,500 $300 or more, but less than $5,000.
6 2. Valued at $5,000 or more, but less than $10,000.
7 3. Valued at $10,000 or more, but less than $20,000.
8 4. A will, codicil, or other testamentary instrument.
9 5. A firearm.
10 6. A motor vehicle, except as provided in paragraph (a).
11 7. Any commercially farmed animal, including any animal of
12 the equine, avian, bovine, or swine class or other grazing
13 animal; a bee colony of a registered beekeeper; and aquaculture
14 species raised at a certified aquaculture facility. If the
15 property stolen is a commercially farmed animal, including an
16 animal of the equine, avian, bovine, or swine class or other
17 grazing animal; a bee colony of a registered beekeeper; or an
18 aquaculture species raised at a certified aquaculture facility,
19 a $10,000 fine shall be imposed.
20 8. Any fire extinguisher.
21 9. Any amount of citrus fruit consisting of 2,000 or more
22 individual pieces of fruit.
23 10. Taken from a designated construction site identified by
24 the posting of a sign as provided for in s. 810.09(2)(d).
25 11. Any stop sign.
26 12. Anhydrous ammonia.
27 13. Any amount of a controlled substance as defined in s.
28 893.02. Notwithstanding any other law, separate judgments and
29 sentences for theft of a controlled substance under this
30 subparagraph and for any applicable possession of controlled
31 substance offense under s. 893.13 or trafficking in controlled
32 substance offense under s. 893.135 may be imposed when all such
33 offenses involve the same amount or amounts of a controlled
34 substance.
35
36 However, if the property is stolen within a county that is
37 subject to a state of emergency declared by the Governor under
38 chapter 252, the property is stolen after the declaration of
39 emergency is made, and the perpetration of the theft is
40 facilitated by conditions arising from the emergency, the
41 offender commits a felony of the second degree, punishable as
42 provided in s. 775.082, s. 775.083, or s. 775.084, if the
43 property is valued at $5,000 or more, but less than $10,000, as
44 provided under subparagraph 2., or if the property is valued at
45 $10,000 or more, but less than $20,000, as provided under
46 subparagraph 3. As used in this paragraph, the term “conditions
47 arising from the emergency” means civil unrest, power outages,
48 curfews, voluntary or mandatory evacuations, or a reduction in
49 the presence of or the response time for first responders or
50 homeland security personnel. For purposes of sentencing under
51 chapter 921, a felony offense that is reclassified under this
52 paragraph is ranked one level above the ranking under s.
53 921.0022 or s. 921.0023 of the offense committed.
54 (d) It is grand theft of the third degree and a felony of
55 the third degree, punishable as provided in s. 775.082, s.
56 775.083, or s. 775.084, if the property stolen is valued at $100
57 or more, but less than $1,500 $300, and is taken from a dwelling
58 as defined in s. 810.011(2) or from the unenclosed curtilage of
59 a dwelling pursuant to s. 810.09(1).
60 (e)1. Except as provided in paragraph (d), if the property
61 stolen is valued at $100 or more, but less than $1,500 $300, the
62 offender commits petit theft of the first degree, punishable as
63 a misdemeanor of the first degree, as provided in s. 775.082 or
64 s. 775.083.
65 2. The threshold amounts for offenses specified in this
66 paragraph and subparagraph (c)1. must be adjusted every 2 years
67 in an amount equal to the total of the annual increases for that
68 2-year period in the Consumer Price Index for All Urban
69 Consumers, U.S. City Average, All Items. The Office of Economic
70 and Demographic Research shall calculate the thresholds, rounded
71 to the nearest $50, and publish the amounts, as adjusted, on its
72 website by July 1 of every second year, with the amounts to take
73 effect on October 1 of that year. The office shall certify the
74 revised amounts to the Division of Law Revision, which is
75 directed to conform the statutes to the revised amounts.
76 Section 4. Subsections (8) and (9) of section 812.015,
77 Florida Statutes, are amended, and subsection (10) is added to
78 that section, to read:
79 812.015 Retail and farm theft; transit fare evasion;
80 mandatory fine; alternative punishment; detention and arrest;
81 exemption from liability for false arrest; resisting arrest;
82 penalties.—
83 (8) Except as provided in subsection (9), a person who
84 commits retail theft commits a felony of the third degree,
85 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
86 if the property stolen is valued at $1,500 $300 or more, and the
87 person:
88 (a) Individually commits retail theft, or in concert with
89 one or more other persons, coordinates the activities of one or
90 more individuals in committing the offense. Multiple acts of
91 retail theft occurring within a 90-day period by an individual
92 or in concert with one or more persons must be, in which case
93 the amount of each individual theft is aggregated to determine
94 the value of the property stolen;
95 (b) Conspires with another person to commit retail theft
96 with the intent to sell the stolen property for monetary or
97 other gain, and subsequently takes or causes such property to be
98 placed in the control of another person in exchange for
99 consideration;
100 (c)(b) Individually, or in concert with one or more other
101 persons, commits theft from more than one location within a 90
102 day 48-hour period, in which case the amount of each individual
103 theft is aggregated to determine the value of the property
104 stolen;
105 (d)(c) Acts in concert with one or more other individuals
106 within one or more establishments to distract the merchant,
107 merchant’s employee, or law enforcement officer in order to
108 carry out the offense, or acts in other ways to coordinate
109 efforts to carry out the offense; or
110 (e)(d) Commits the offense through the purchase of
111 merchandise in a package or box that contains merchandise other
112 than, or in addition to, the merchandise purported to be
113 contained in the package or box.
114
115 The threshold amounts for offenses specified in this subsection
116 must be adjusted every 2 years in an amount equal to the total
117 of the annual increases for that 2-year period in the Consumer
118 Price Index for All Urban Consumers, U.S. City Average, All
119 Items. The Office of Economic and Demographic Research shall
120 calculate the thresholds, rounded to the nearest $50, and
121 publish the amounts, as adjusted, on its website by July 1 of
122 every second year, with the amounts to take effect on October 1
123 of that year. The office shall certify the revised amounts to
124 the Division of Law Revision, which is directed to conform the
125 statutes to the revised amounts.
126 (9) A person commits a felony of the second degree,
127 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
128 if the person:
129 (a) Violates subsection (8) and has previously been
130 convicted of a violation of subsection (8); or
131 (b) Individually, or in concert with one or more other
132 persons, coordinates the activities of one or more persons in
133 committing the offense, in which case the amount of each
134 individual of retail theft is aggregated; and if where the
135 stolen property has a value in excess of $3,000 and the theft
136 occurs within a 90-day period; or
137 (c) Conspires with another person to commit retail theft
138 with the intent to sell the stolen property for monetary or
139 other gain, and subsequently takes or causes such property to be
140 placed in control of another person in exchange for
141 consideration, if such property has a value in excess of $3,000,
142 aggregated over a 90-day period.
143 (10) If a person commits retail theft in more than one
144 county, the amount of the theft may be aggregated and each
145 county where any of the retail theft occurred has concurrent
146 jurisdiction.
147 Section 5. Subsection (3) is added to section 812.019,
148 Florida Statutes, to read:
149 812.019 Dealing in stolen property.—
150 (3) Any person who receives, possesses, or purchases any
151 merchandise or stored-value card obtained from a fraudulent
152 return with the knowledge that the merchandise or stored-value
153 card was obtained in violation of s. 812.015 commits a felony of
154 the third degree, punishable as provided in s. 775.082, s.
155 775.083, or s. 775.084.
156 Section 6. Paragraphs (b), (c), and (e) of subsection (3)
157 of section 921.0022, Florida Statutes, are amended to read:
158 921.0022 Criminal Punishment Code; offense severity ranking
159 chart.—
160 (3) OFFENSE SEVERITY RANKING CHART
161 (b) LEVEL 2
162
163 FloridaStatute FelonyDegree Description
164
165 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
166 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
167 403.413(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.
168 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
169 590.28(1) 3rd Intentional burning of lands.
170 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
171 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
172 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
173 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
174 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
175 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
176 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $1,500 $300, taken from unenclosed curtilage of dwelling.
177 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
178 817.234(1)(a)2. 3rd False statement in support of insurance claim.
179 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
180 817.52(3) 3rd Failure to redeliver hired vehicle.
181 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
182 817.60(5) 3rd Dealing in credit cards of another.
183 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
184 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
185 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
186 831.01 3rd Forgery.
187 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
188 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
189 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
190 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
191 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
192 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
193 843.08 3rd False personation.
194 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
195 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
196
197
198 (c) LEVEL 3
199
200
201 FloridaStatute FelonyDegree Description
202 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
203 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
204 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
205 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
206 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
207 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
208 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
209 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
210 327.35(2)(b) 3rd Felony BUI.
211 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
212 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
213 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
214 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
215 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
216 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
217 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
218 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
219 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
220 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
221 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
222 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
223 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
224 697.08 3rd Equity skimming.
225 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
226 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
227 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
228 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
229 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
230 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
231 812.015(8)(b) 3rd Retail theft with intent to sell; coordination with others.
232 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
233 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
234 817.233 3rd Burning to defraud insurer.
235 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
236 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
237 817.236 3rd Filing a false motor vehicle insurance application.
238 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
239 817.413(2) 3rd Sale of used goods as new.
240 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
241 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
242 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
243 843.19 3rd Injure, disable, or kill police dog or horse.
244 860.15(3) 3rd Overcharging for repairs and parts.
245 870.01(2) 3rd Riot; inciting or encouraging.
246 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
247 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
248 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
249 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
250 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
251 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
252 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
253 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
254 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
255 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
256 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
257 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
258 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
259 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
260 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
261 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
262 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
263
264
265 (e) LEVEL 5
266
267
268 FloridaStatute FelonyDegree Description
269 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
270 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
271 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
272 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
273 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
274 379.365(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.
275 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
276 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
277 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
278 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
279 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
280 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
281 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
282 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
283 790.01(2) 3rd Carrying a concealed firearm.
284 790.162 2nd Threat to throw or discharge destructive device.
285 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
286 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
287 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
288 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
289 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
290 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
291 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
292 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
293 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
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295
296