Florida Senate - 2023                              CS for SB 836
       
       
        
       By the Committee on Criminal Justice; and Senator Powell
       
       
       
       
       
       591-03151-23                                           2023836c1
    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 that he or she knows or has reason to believe is
   17  qualified as charitable under s. 501(c)(3) of the Internal
   18  Revenue Code, the offense for which the person is charged shall
   19  be reclassified as follows:
   20         (a) If the funds, assets, or property involved in the theft
   21  from an organization qualified as charitable under s. 501(c)(3)
   22  of the Internal Revenue Code is valued at $50,000 or more, the
   23  offender commits a felony of the first degree, punishable as
   24  provided in s. 775.082, s. 775.083, or s. 775.084.
   25         (b) If the funds, assets, or property involved in the theft
   26  from an organization qualified as charitable under s. 501(c)(3)
   27  of the Internal Revenue Code is valued at $10,000 or more, but
   28  less than $50,000, the offender commits a felony of the second
   29  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   30  775.084.
   31         (c) If the funds, assets, or property involved in the theft
   32  from an organization qualified as charitable under s. 501(c)(3)
   33  of the Internal Revenue Code is valued at $300 or more, but less
   34  than $10,000, the offender commits a felony of the third degree,
   35  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   36         (2) A person who is convicted of theft of more than $1,000
   37  from an organization that he or she knows or has reason to
   38  believe is qualified as charitable under s. 501(c)(3) of the
   39  Internal Revenue Code shall be ordered by the sentencing judge
   40  to make restitution to the victim of such offense and to perform
   41  up to 500 hours of community service work. Such restitution and
   42  community service work shall be in addition to any fine or
   43  sentence which may be imposed and shall not be in lieu thereof.
   44         Section 2. This act shall take effect October 1, 2023.