ENROLLED
       2022 Legislature                                  CS for SB 1534
       
       
       
       
       
       
                                                             20221534er
    1  
    2         An act relating to retail theft; amending s. 812.015,
    3         F.S.; prohibiting certain retail theft at multiple
    4         locations within a specified timeframe; providing
    5         criminal penalties; amending s. 921.0022, F.S.;
    6         ranking offenses for purposes of the offense severity
    7         ranking chart of the Criminal Punishment Code;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (8) and (9) of section 812.015,
   13  Florida Statutes, are amended to read:
   14         812.015 Retail and farm theft; transit fare evasion;
   15  mandatory fine; alternative punishment; detention and arrest;
   16  exemption from liability for false arrest; resisting arrest;
   17  penalties.—
   18         (8) Except as provided in subsection (9), a person who
   19  commits retail theft commits a felony of the third degree,
   20  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   21  if the property stolen is valued at $750 or more, and the
   22  person:
   23         (a) Individually commits retail theft, or in concert with
   24  one or more other persons, coordinates the activities of one or
   25  more individuals in committing the offense, which may occur
   26  through multiple acts of retail theft, in which the amount of
   27  each individual theft is aggregated within a 30-day period to
   28  determine the value of the property stolen and such value is
   29  $750 or more;
   30         (b) Conspires with another person to commit retail theft
   31  with the intent to sell the stolen property for monetary or
   32  other gain, and subsequently takes or causes such property to be
   33  placed in the control of another person in exchange for
   34  consideration, in which the stolen property taken or placed
   35  within a 30-day period is aggregated to determine the value of
   36  the stolen property and such value is $750 or more;
   37         (c) Individually, or in concert with one or more other
   38  persons, commits theft from more than one location within a 30
   39  day period, in which the amount of each individual theft is
   40  aggregated to determine the value of the property stolen and
   41  such value is $750 or more;
   42         (d) Acts in concert with one or more other individuals
   43  within one or more establishments to distract the merchant,
   44  merchant’s employee, or law enforcement officer in order to
   45  carry out the offense, or acts in other ways to coordinate
   46  efforts to carry out the offense and such value is $750 or more;
   47  or
   48         (e) Commits the offense through the purchase of merchandise
   49  in a package or box that contains merchandise other than, or in
   50  addition to, the merchandise purported to be contained in the
   51  package or box and such value is $750 or more; or
   52         (f)Individually, or in concert with one or more other
   53  persons, commits five or more retail thefts within a 30-day
   54  period and in committing such thefts obtains or uses 10 or more
   55  items of merchandise, and the number of items stolen during each
   56  theft is aggregated within the 30-day period to determine the
   57  total number of items stolen, regardless of the value of such
   58  merchandise, and two or more of the thefts occur at different
   59  physical merchant locations.
   60         (9) A person commits a felony of the second degree,
   61  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   62  if the person:
   63         (a) Violates subsection (8) and has previously been
   64  convicted of a violation of subsection (8) or of this
   65  subsection;
   66         (b) Individually, or in concert with one or more other
   67  persons, coordinates the activities of one or more persons in
   68  committing the offense of retail theft, in which the amount of
   69  each individual theft within a 30-day period is aggregated to
   70  determine the value of the stolen property and such value is in
   71  excess of $3,000; or
   72         (c) Conspires with another person to commit retail theft
   73  with the intent to sell the stolen property for monetary or
   74  other gain, and subsequently takes or causes such property to be
   75  placed in control of another person in exchange for
   76  consideration, in which the stolen property taken or placed
   77  within a 30-day period is aggregated to have a value in excess
   78  of $3,000; or
   79         (d)Individually, or in concert with one or more other
   80  persons, commits five or more retail thefts within a 30-day
   81  period and in committing such thefts obtains or uses 20 or more
   82  items of merchandise, and the number of items stolen during each
   83  theft is aggregated within the 30-day period to determine the
   84  total number of items stolen, regardless of the value of such
   85  merchandise, and two or more of the thefts occur at a different
   86  physical retail merchant location.
   87         Section 2. Paragraphs (e) and (f) of subsection (3) of
   88  section 921.0022, Florida Statutes, are amended to read:
   89         921.0022 Criminal Punishment Code; offense severity ranking
   90  chart.—
   91         (3) OFFENSE SEVERITY RANKING CHART
   92         (e) LEVEL 5
   93  
   94  FloridaStatute    FelonyDegree           Description            
   95  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   96  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
   97  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
   98  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   99  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  100  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.
  101  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  102  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  103  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  104  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  105  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  106  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  107  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  108  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  109  790.01(2)            3rd   Carrying a concealed firearm.     
  110  790.162              2nd   Threat to throw or discharge destructive device.
  111  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  112  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  113  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  114  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  115  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  116  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  117  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  118  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  119  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  120  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
  121  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  122  812.081(3)           2nd   Trafficking in trade secrets.     
  123  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  124  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  125  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  126  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  127  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.
  128  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.
  129  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  130  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  131  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  132  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  133  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  134  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  135  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.
  136  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  137  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  138  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  139  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  140  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  141  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  142  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)5. drugs).
  143  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  144  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)5. drugs) within 1,000 feet of university.
  145  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  146  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)5. drugs) within 1,000 feet of public housing facility.
  147  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  148  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  149         (f) LEVEL 6
  150  
  151  FloridaStatute                 FelonyDegree      Description       
  152  316.027(2)(b)                      2nd     Leaving the scene of a crash involving serious bodily injury.
  153  316.193(2)(b)                      3rd     Felony DUI, 4th or subsequent conviction.
  154  400.9935(4)(c)                     2nd     Operating a clinic, or offering services requiring licensure, without a license.
  155  499.0051(2)                        2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  156  499.0051(3)                        2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  157  499.0051(4)                        2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  158  775.0875(1)                        3rd     Taking firearm from law enforcement officer.
  159  784.021(1)(a)                      3rd     Aggravated assault; deadly weapon without intent to kill.
  160  784.021(1)(b)                      3rd     Aggravated assault; intent to commit felony.
  161  784.041                            3rd     Felony battery; domestic battery by strangulation.
  162  784.048(3)                         3rd     Aggravated stalking; credible threat.
  163  784.048(5)                         3rd     Aggravated stalking of person under 16.
  164  784.07(2)(c)                       2nd     Aggravated assault on law enforcement officer.
  165  784.074(1)(b)                      2nd     Aggravated assault on sexually violent predators facility staff.
  166  784.08(2)(b)                       2nd     Aggravated assault on a person 65 years of age or older.
  167  784.081(2)                         2nd     Aggravated assault on specified official or employee.
  168  784.082(2)                         2nd     Aggravated assault by detained person on visitor or other detainee.
  169  784.083(2)                         2nd     Aggravated assault on code inspector.
  170  787.02(2)                          3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  171  790.115(2)(d)                      2nd     Discharging firearm or weapon on school property.
  172  790.161(2)                         2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  173  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.
  174  790.19                             2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  175  794.011(8)(a)                      3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  176  794.05(1)                          2nd     Unlawful sexual activity with specified minor.
  177  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.
  178  800.04(6)(b)                       2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  179  806.031(2)                         2nd     Arson resulting in great bodily harm to firefighter or any other person.
  180  810.02(3)(c)                       2nd     Burglary of occupied structure; unarmed; no assault or battery.
  181  810.145(8)(b)                      2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  182  812.014(2)(b)1.                    2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  183  812.014(6)                         2nd     Theft; property stolen $3,000 or more; coordination of others.
  184  812.015(9)(a)                      2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  185  812.015(9)(b)                      2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  186  812.015(9)(d)                      2nd     Retail theft; multiple thefts within specified period.
  187  812.13(2)(c)                       2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  188  817.4821(5)                        2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  189  817.49(2)(b)2.                     2nd     Willful making of a false report of a crime resulting in death.
  190  817.505(4)(b)                      2nd     Patient brokering; 10 or more patients.
  191  825.102(1)                         3rd     Abuse of an elderly person or disabled adult.
  192  825.102(3)(c)                      3rd     Neglect of an elderly person or disabled adult.
  193  825.1025(3)                        3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  194  825.103(3)(c)                      3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  195  827.03(2)(c)                       3rd     Abuse of a child.       
  196  827.03(2)(d)                       3rd     Neglect of a child.     
  197  827.071(2) & (3)                   2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  198  836.05                             2nd     Threats; extortion.     
  199  836.10                             2nd     Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  200  843.12                             3rd     Aids or assists person to escape.
  201  847.011                            3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  202  847.012                            3rd     Knowingly using a minor in the production of materials harmful to minors.
  203  847.0135(2)                        3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  204  914.23                             2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  205  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.
  206  944.40                             2nd     Escapes.                
  207  944.46                             3rd     Harboring, concealing, aiding escaped prisoners.
  208  944.47(1)(a)5.                     2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  209  951.22(1)(i)                       3rd     Firearm or weapon introduced into county detention facility.
  210         Section 3. This act shall take effect October 1, 2022.