Florida Senate - 2023                                     SB 836
       
       
        
       By Senator Powell
       
       
       
       
       
       24-01444-23                                            2023836__
    1                        A bill to be entitled                      
    2         An act relating to theft from nonprofit organizations;
    3         creating s. 812.0146, F.S.; providing for the
    4         reclassification of certain theft offenses of
    5         specified amounts from nonprofit organizations;
    6         requiring restitution and community service for
    7         certain violations; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 812.0146, Florida Statutes, is created
   12  to read:
   13         812.0146 Theft from a nonprofit organization;
   14  reclassification of offenses.—
   15         (1) Whenever a person is charged with committing theft from
   16  an organization qualified as charitable under s. 501(c)(3) of
   17  the Internal Revenue Code, the offense for which the person is
   18  charged shall be reclassified as follows:
   19         (a) If the funds, assets, or property involved in the theft
   20  from an organization qualified as charitable under s. 501(c)(3)
   21  of the Internal Revenue Code is valued at $50,000 or more, the
   22  offender commits a felony of the first degree, punishable as
   23  provided in s. 775.082, s. 775.083, or s. 775.084.
   24         (b) If the funds, assets, or property involved in the theft
   25  from an organization qualified as charitable under s. 501(c)(3)
   26  of the Internal Revenue Code is valued at $10,000 or more, but
   27  less than $50,000, the offender commits a felony of the second
   28  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   29  775.084.
   30         (c) If the funds, assets, or property involved in the theft
   31  from an organization qualified as charitable under s. 501(c)(3)
   32  of the Internal Revenue Code is valued at $300 or more, but less
   33  than $10,000, the offender commits a felony of the third degree,
   34  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   35         (2) A person who is convicted of theft of more than $1,000
   36  from an organization qualified as charitable under s. 501(c)(3)
   37  of the Internal Revenue Code shall be ordered by the sentencing
   38  judge to make restitution to the victim of such offense and to
   39  perform up to 500 hours of community service work. Such
   40  restitution and community service work shall be in addition to
   41  any fine or sentence which may be imposed and shall not be in
   42  lieu thereof.
   43         Section 2. This act shall take effect October 1, 2023.