Bill Amendment: FL S7072 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Justice System
Status: 2019-05-03 - Died on Calendar, companion bill(s) passed, see HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167) [S7072 Detail]
Download: Florida-2019-S7072-Senate_Committee_Substitue_Amendment_546784_Amendment_815540_.html
Bill Title: Justice System
Status: 2019-05-03 - Died on Calendar, companion bill(s) passed, see HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167) [S7072 Detail]
Download: Florida-2019-S7072-Senate_Committee_Substitue_Amendment_546784_Amendment_815540_.html
Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SPB 7072
Ì546784PÎ546784
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Substitute for Amendment (815540) (with title
2 amendment)
3
4 Delete lines 118 - 398
5 and insert:
6 1. Valued at $1,500 $300 or more, but less than $5,000.
7 2. Valued at $5,000 or more, but less than $10,000.
8 3. Valued at $10,000 or more, but less than $20,000.
9 4. A will, codicil, or other testamentary instrument.
10 5. A firearm.
11 6. A motor vehicle, except as provided in paragraph (a).
12 7. Any commercially farmed animal, including any animal of
13 the equine, avian, bovine, or swine class or other grazing
14 animal; a bee colony of a registered beekeeper; and aquaculture
15 species raised at a certified aquaculture facility. If the
16 property stolen is a commercially farmed animal, including an
17 animal of the equine, avian, bovine, or swine class or other
18 grazing animal; a bee colony of a registered beekeeper; or an
19 aquaculture species raised at a certified aquaculture facility,
20 a $10,000 fine shall be imposed.
21 8. Any fire extinguisher.
22 9. Any amount of citrus fruit consisting of 2,000 or more
23 individual pieces of fruit.
24 10. Taken from a designated construction site identified by
25 the posting of a sign as provided for in s. 810.09(2)(d).
26 11. Any stop sign.
27 12. Anhydrous ammonia.
28 13. Any amount of a controlled substance as defined in s.
29 893.02. Notwithstanding any other law, separate judgments and
30 sentences for theft of a controlled substance under this
31 subparagraph and for any applicable possession of controlled
32 substance offense under s. 893.13 or trafficking in controlled
33 substance offense under s. 893.135 may be imposed when all such
34 offenses involve the same amount or amounts of a controlled
35 substance.
36
37 However, if the property is stolen within a county that is
38 subject to a state of emergency declared by the Governor under
39 chapter 252, the property is stolen after the declaration of
40 emergency is made, and the perpetration of the theft is
41 facilitated by conditions arising from the emergency, the
42 offender commits a felony of the second degree, punishable as
43 provided in s. 775.082, s. 775.083, or s. 775.084, if the
44 property is valued at $5,000 or more, but less than $10,000, as
45 provided under subparagraph 2., or if the property is valued at
46 $10,000 or more, but less than $20,000, as provided under
47 subparagraph 3. As used in this paragraph, the term “conditions
48 arising from the emergency” means civil unrest, power outages,
49 curfews, voluntary or mandatory evacuations, or a reduction in
50 the presence of or the response time for first responders or
51 homeland security personnel. For purposes of sentencing under
52 chapter 921, a felony offense that is reclassified under this
53 paragraph is ranked one level above the ranking under s.
54 921.0022 or s. 921.0023 of the offense committed.
55 (d) It is grand theft of the third degree and a felony of
56 the third degree, punishable as provided in s. 775.082, s.
57 775.083, or s. 775.084, if the property stolen is valued at $100
58 or more, but less than $1,500 $300, and is taken from a dwelling
59 as defined in s. 810.011(2) or from the unenclosed curtilage of
60 a dwelling pursuant to s. 810.09(1).
61 (e) Except as provided in paragraph (d), if the property
62 stolen is valued at $100 or more, but less than $1,500 $300, the
63 offender commits petit theft of the first degree, punishable as
64 a misdemeanor of the first degree, as provided in s. 775.082 or
65 s. 775.083.
66 Section 4. Subsections (8) and (9) of section 812.015,
67 Florida Statutes, are amended, and subsection (10) is added to
68 that section, to read:
69 812.015 Retail and farm theft; transit fare evasion;
70 mandatory fine; alternative punishment; detention and arrest;
71 exemption from liability for false arrest; resisting arrest;
72 penalties.—
73 (8) Except as provided in subsection (9), a person who
74 commits retail theft commits a felony of the third degree,
75 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
76 if the property stolen is valued at $1,500 $300 or more, and the
77 person:
78 (a) Individually commits retail theft, or in concert with
79 one or more other persons, coordinates the activities of one or
80 more individuals in committing the offense. Multiple acts of
81 retail theft occurring within a 90-day period by an individual
82 or in concert with one or more persons must be, in which case
83 the amount of each individual theft is aggregated to determine
84 the value of the property stolen;
85 (b) Conspires with another person to commit retail theft
86 with the intent to sell the stolen property for monetary or
87 other gain, and subsequently takes or causes such property to be
88 placed in the control of another person in exchange for
89 consideration;
90 (c)(b) Individually, or in concert with one or more other
91 persons, commits theft from more than one location within a 90
92 day 48-hour period, in which case the amount of each individual
93 theft is aggregated to determine the value of the property
94 stolen;
95 (d)(c) Acts in concert with one or more other individuals
96 within one or more establishments to distract the merchant,
97 merchant’s employee, or law enforcement officer in order to
98 carry out the offense, or acts in other ways to coordinate
99 efforts to carry out the offense; or
100 (e)(d) Commits the offense through the purchase of
101 merchandise in a package or box that contains merchandise other
102 than, or in addition to, the merchandise purported to be
103 contained in the package or box.
104 (9) A person commits a felony of the second degree,
105 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
106 if the person:
107 (a) Violates subsection (8) and has previously been
108 convicted of a violation of subsection (8); or
109 (b) Individually, or in concert with one or more other
110 persons, coordinates the activities of one or more persons in
111 committing the offense, in which case the amount of each
112 individual of retail theft is aggregated; and if where the
113 stolen property has a value in excess of $3,000 and the theft
114 occurs within a 90-day period; or
115 (c) Conspires with another person to commit retail theft
116 with the intent to sell the stolen property for monetary or
117 other gain, and subsequently takes or causes such property to be
118 placed in control of another person in exchange for
119 consideration, if such property has a value in excess of $3,000,
120 aggregated over a 90-day period.
121 (10) If a person commits retail theft in more than one
122 county, the amount of the theft may be aggregated and each
123 county where any of the retail theft occurred has concurrent
124 jurisdiction.
125 Section 5. Subsection (3) is added to section 812.019,
126 Florida Statutes, to read:
127 812.019 Dealing in stolen property.—
128 (3) Any person who receives, possesses, or purchases any
129 merchandise or stored-value card obtained from a fraudulent
130 return with the knowledge that the merchandise or stored-value
131 card was obtained in violation of s. 812.015 commits a felony of
132 the third degree, punishable as provided in s. 775.082, s.
133 775.083, or s. 775.084.
134 Section 6. Paragraphs (b), (c), and (e) of subsection (3)
135 of section 921.0022, Florida Statutes, are amended to read:
136 921.0022 Criminal Punishment Code; offense severity ranking
137 chart.—
138 (3) OFFENSE SEVERITY RANKING CHART
139 (b) LEVEL 2
140
141 FloridaStatute FelonyDegree Description
142
143 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
144 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
145 403.413(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.
146 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
147 590.28(1) 3rd Intentional burning of lands.
148 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
149 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
150 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
151 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
152 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
153 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
154 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $1,500 $300, taken from unenclosed curtilage of dwelling.
155 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
156 817.234(1)(a)2. 3rd False statement in support of insurance claim.
157 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
158 817.52(3) 3rd Failure to redeliver hired vehicle.
159 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
160 817.60(5) 3rd Dealing in credit cards of another.
161 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
162 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
163 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
164 831.01 3rd Forgery.
165 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
166 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
167 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
168 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
169 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
170 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
171 843.08 3rd False personation.
172 893.13(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.
173 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
174
175
176
177 (c) LEVEL 3
178
179
180 FloridaStatute FelonyDegree Description
181 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
182 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
183 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
184 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
185 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
186 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
187 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
188 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
189 327.35(2)(b) 3rd Felony BUI.
190 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
191 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
192 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
193 379.2431 (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.
194 379.2431 (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.
195 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
196 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
197 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
198 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
199 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
200 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
201 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
202 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
203 697.08 3rd Equity skimming.
204 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
205 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
206 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
207 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
208 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
209 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
210 812.015(8)(b) 3rd Retail theft with intent to sell; coordination with others.
211 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
212 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
213 817.233 3rd Burning to defraud insurer.
214 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
215 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
216 817.236 3rd Filing a false motor vehicle insurance application.
217 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
218 817.413(2) 3rd Sale of used goods as new.
219 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
220 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
221 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
222 843.19 3rd Injure, disable, or kill police dog or horse.
223 860.15(3) 3rd Overcharging for repairs and parts.
224 870.01(2) 3rd Riot; inciting or encouraging.
225 893.13(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).
226 893.13(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.
227 893.13(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.
228 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
229 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
230 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
231 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
232 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
233 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
234 893.13(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.
235 893.13(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.
236 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
237 893.13(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.
238 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
239 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
240 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
241 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
242
243
244
245 (e) LEVEL 5
246
247
248 FloridaStatute FelonyDegree Description
249 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
250 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
251 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
252 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
253 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
254 379.365(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.
255 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
256 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
257 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
258 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
259 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
260 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
261 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
262 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
263 790.01(2) 3rd Carrying a concealed firearm.
264 790.162 2nd Threat to throw or discharge destructive device.
265 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
266 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
267 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
268 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
269 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
270 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
271 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
272 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
273 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
274
275
276
277
278 ================= T I T L E A M E N D M E N T ================
279 And the title is amended as follows:
280 Delete lines 11 - 21
281 and insert:
282 theft offenses; amending s. 812.015, F.S.; revising
283 the circumstances under which an offense of retail
284 theft constitutes a felony of the second or third
285 degree; authorizing the aggregation of
