Bill Text: FL S0406 | 2019 | Regular Session | Introduced


Bill Title: Theft

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2019-05-03 - Died in Appropriations [S0406 Detail]

Download: Florida-2019-S0406-Introduced.html
       Florida Senate - 2019                                     SB 406
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00750-19                                            2019406__
    1                        A bill to be entitled                      
    2         An act relating to theft; amending s. 812.014, F.S.;
    3         increasing threshold amounts for certain theft
    4         offenses; revising the list of items the theft of
    5         which constitutes theft of the third degree; providing
    6         that the value of taken property is based on fair
    7         market value at the time of the taking; requiring the
    8         adjustment of certain monetary amounts by the Division
    9         of Law Revision based on certain required periodic
   10         calculations done by the Office of Economic and
   11         Demographic Research; amending s. 812.015, F.S.;
   12         defining the term “value”; increasing threshold
   13         amounts for a certain theft offense; revising the
   14         circumstances under which an offense of retail theft
   15         constitutes a felony of the second degree; requiring
   16         the adjustment of certain monetary amounts by the
   17         Division of Law Revision based on certain required
   18         periodic calculations done by the Office of Economic
   19         and Demographic Research; amending s. 921.0022, F.S.;
   20         conforming provisions to changes made by the act;
   21         conforming a cross-reference; reenacting ss.
   22         95.18(10), 373.6055(3)(c), 400.9935(3),
   23         409.910(17)(g), 489.126(4), 550.6305(10), 627.743(2),
   24         634.319(2), 634.421(2), 636.238(3), 642.038(2),
   25         705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
   26         (2), 812.14(4), (7), and (8), 893.138(3),
   27         932.701(2)(a), 943.051(3)(b), 985.11(1)(b), and
   28         985.557(1)(a) and (2)(c), F.S., relating to adverse
   29         possession without color of title; criminal history
   30         checks for certain water management district employees
   31         and others; clinic responsibilities; responsibility
   32         for payments on behalf of Medicaid-eligible persons
   33         when other parties are liable; moneys received by
   34         contractors; intertrack wagering; payment of third
   35         party claims; diversion or appropriation of certain
   36         funds received by sales representatives; diversion or
   37         appropriation of certain funds received by sales
   38         representatives; penalties for certain violations;
   39         diversion or appropriation of certain funds received
   40         by sales representatives; reporting lost or abandoned
   41         property; condominium associations; retail and farm
   42         theft; suspension of driver license following an
   43         adjudication of guilt for theft; trespass and larceny
   44         with relation to utility fixtures and theft of utility
   45         services; local administrative action to abate drug
   46         related, prostitution-related, or stolen-property
   47         related public nuisances and criminal gang activity;
   48         the definition of the term “contraband article”;
   49         fingerprinting of certain minors; fingerprinting and
   50         photographing of certain children; and discretionary
   51         and mandatory criteria for the direct filing of an
   52         information, respectively, to incorporate the
   53         amendment made to s. 812.014, F.S., in references
   54         thereto; reenacting s. 538.09(5), F.S., relating to
   55         the registration of a secondhand dealer, to
   56         incorporate the amendment made to s. 812.015, F.S., in
   57         a reference thereto; reenacting ss. 538.23(2) and
   58         812.0155(2), F.S., relating to secondary metals
   59         recycler violations and penalties and suspension of
   60         driver license following an adjudication of guilt for
   61         theft, respectively, to incorporate the amendments
   62         made to ss. 812.014 and 812.015, F.S., in references
   63         thereto; providing an effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Paragraphs (c), (d), and (e) of subsection (2)
   68  and subsection (3) of section 812.014, Florida Statutes, are
   69  amended, and subsections (7) and (8) are added to that section,
   70  to read:
   71         812.014 Theft.—
   72         (2)
   73         (c) It is grand theft of the third degree and a felony of
   74  the third degree, punishable as provided in s. 775.082, s.
   75  775.083, or s. 775.084, if the property stolen is:
   76         1. Valued at $1,500 $300 or more, but less than $5,000.
   77         2. Valued at $5,000 or more, but less than $10,000.
   78         3. Valued at $10,000 or more, but less than $20,000.
   79         4. A will, codicil, or other testamentary instrument.
   80         5. A firearm.
   81         6. A motor vehicle, except as provided in paragraph (a).
   82         7. Any commercially farmed animal, including any animal of
   83  the equine, avian, bovine, or swine class or other grazing
   84  animal; a bee colony of a registered beekeeper; and aquaculture
   85  species raised at a certified aquaculture facility. If the
   86  property stolen is a commercially farmed animal, including an
   87  animal of the equine, avian, bovine, or swine class or other
   88  grazing animal; a bee colony of a registered beekeeper; or an
   89  aquaculture species raised at a certified aquaculture facility,
   90  a $10,000 fine shall be imposed.
   91         8. Any fire extinguisher.
   92         8.9. Any amount of citrus fruit consisting of 2,000 or more
   93  individual pieces of fruit.
   94         9.10. Taken from a designated construction site identified
   95  by the posting of a sign as provided for in s. 810.09(2)(d).
   96         10.11. Any stop sign.
   97         11.12. Anhydrous ammonia.
   98         12.13. Any amount of a controlled substance as defined in
   99  s. 893.02. Notwithstanding any other law, separate judgments and
  100  sentences for theft of a controlled substance under this
  101  subparagraph and for any applicable possession of controlled
  102  substance offense under s. 893.13 or trafficking in controlled
  103  substance offense under s. 893.135 may be imposed when all such
  104  offenses involve the same amount or amounts of a controlled
  105  substance.
  106  
  107  However, if the property is stolen within a county that is
  108  subject to a state of emergency declared by the Governor under
  109  chapter 252, the property is stolen after the declaration of
  110  emergency is made, and the perpetration of the theft is
  111  facilitated by conditions arising from the emergency, the
  112  offender commits a felony of the second degree, punishable as
  113  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  114  property is valued at $5,000 or more, but less than $10,000, as
  115  provided under subparagraph 2., or if the property is valued at
  116  $10,000 or more, but less than $20,000, as provided under
  117  subparagraph 3. As used in this paragraph, the term “conditions
  118  arising from the emergency” means civil unrest, power outages,
  119  curfews, voluntary or mandatory evacuations, or a reduction in
  120  the presence of or the response time for first responders or
  121  homeland security personnel. For purposes of sentencing under
  122  chapter 921, a felony offense that is reclassified under this
  123  paragraph is ranked one level above the ranking under s.
  124  921.0022 or s. 921.0023 of the offense committed.
  125         (d) It is grand theft of the third degree and a felony of
  126  the third degree, punishable as provided in s. 775.082, s.
  127  775.083, or s. 775.084, if the property stolen is valued at
  128  $1,500 $100 or more, but less than $5,000 $300, and is taken
  129  from a dwelling as defined in s. 810.011(2) or from the
  130  unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
  131         (e) Except as provided in paragraph (d), if the property
  132  stolen is valued at $500 $100 or more, but less than $1,500
  133  $300, the offender commits petit theft of the first degree,
  134  punishable as a misdemeanor of the first degree, as provided in
  135  s. 775.082 or s. 775.083.
  136         (3)(a) Theft of any property not specified in subsection
  137  (2) is petit theft of the second degree and a misdemeanor of the
  138  second degree, punishable as provided in s. 775.082 or s.
  139  775.083, and as provided in subsection (5), as applicable.
  140         (b) A person who commits petit theft and who has previously
  141  been convicted of any theft commits a misdemeanor of the first
  142  degree, punishable as provided in s. 775.082 or s. 775.083.
  143         (c) A person who commits petit theft in the first degree
  144  and who has previously been convicted two or more times as an
  145  adult of any theft commits a felony of the third degree,
  146  punishable as provided in s. 775.082 or s. 775.083 if the third
  147  or subsequent petit theft offense occurred within 3 years after
  148  the expiration of his or her sentence for the most recent theft
  149  conviction.
  150         (7) For purposes of determining the value of property taken
  151  in violation of this section, the value must be based on the
  152  fair market value of the property at the time the taking
  153  occurred.
  154         (8) The threshold amounts for offenses specified in this
  155  section must be adjusted every 5 years in an amount equal to the
  156  total of the annual increases for that 5-year period in the
  157  Consumer Price Index for All Urban Consumers, U.S. City Average,
  158  All Items. The Office of Economic and Demographic Research shall
  159  calculate the thresholds, rounded to the nearest $50, and
  160  publish the amounts, as adjusted, on its website by July 1 of
  161  every fifth year, with the amounts to take effect on October 1
  162  of that year. The office shall certify the revised amounts to
  163  the Division of Law Revision, which is directed to conform the
  164  statutes to the revised amounts.
  165         Section 2. Paragraph (n) of subsection (1) and subsection
  166  (10) are added to section 812.015, Florida Statutes, and
  167  subsections (8) and (9) of that section are amended, to read:
  168         812.015 Retail and farm theft; transit fare evasion;
  169  mandatory fine; alternative punishment; detention and arrest;
  170  exemption from liability for false arrest; resisting arrest;
  171  penalties.—
  172         (1) As used in this section:
  173         (n) “Value” means the fair market value of the property
  174  taken in violation of this section at the time the taking
  175  occurred.
  176         (8) Except as provided in subsection (9), a person who
  177  commits retail theft commits a felony of the third degree,
  178  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  179  if the property stolen is valued at $1,500 $300 or more, and the
  180  person:
  181         (a) Individually, or in concert with one or more other
  182  persons, coordinates the activities of one or more individuals
  183  in committing the offense, in which case the amount of each
  184  individual theft is aggregated to determine the value of the
  185  property stolen;
  186         (b) Commits theft from more than one location within a 48
  187  hour period, in which case the amount of each individual theft
  188  is aggregated to determine the value of the property stolen;
  189         (c) Acts in concert with one or more other individuals
  190  within one or more establishments to distract the merchant,
  191  merchant’s employee, or law enforcement officer in order to
  192  carry out the offense, or acts in other ways to coordinate
  193  efforts to carry out the offense; or
  194         (d) Commits the offense through the purchase of merchandise
  195  in a package or box that contains merchandise other than, or in
  196  addition to, the merchandise purported to be contained in the
  197  package or box.
  198         (9) A person commits a felony of the second degree,
  199  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  200  if the person:
  201         (a) Violates subsection (8) as an adult and has previously
  202  been convicted of a violation of subsection (8) within 3 years
  203  after the expiration of his or her sentence for the conviction;
  204  or
  205         (b) Individually, or in concert with one or more other
  206  persons, coordinates the activities of one or more persons in
  207  committing the offense of retail theft where the stolen property
  208  has a value in excess of $3,000.
  209         (10) The threshold amounts for offenses specified in this
  210  section must be adjusted every 5 years in an amount equal to the
  211  total of the annual increases for that 5-year period in the
  212  Consumer Price Index for All Urban Consumers, U.S. City Average,
  213  All Items. The Office of Economic and Demographic Research shall
  214  calculate the thresholds, rounded to the nearest $50, and
  215  publish the amounts, as adjusted, on its website by July 1 of
  216  every fifth year, with the amounts to take effect on October 1
  217  of that year. The office shall certify the revised amounts to
  218  the Division of Law Revision, which is directed to conform the
  219  statutes to the revised amounts.
  220         Section 3. Paragraphs (a), (b), (d), (e), and (f) of
  221  subsection (3) of section 921.0022, Florida Statutes, are
  222  amended to read:
  223         921.0022 Criminal Punishment Code; offense severity ranking
  224  chart.—
  225         (3) OFFENSE SEVERITY RANKING CHART
  226         (a) LEVEL 1
  227  
  228  FloridaStatute          FelonyDegree          Description          
  229  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
  230  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
  231  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  232  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
  233  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
  234  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
  235  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
  236  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  237  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
  238  322.212(5)(a)               3rd     False application for driver license or identification card.
  239  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  240  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
  241  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
  242  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
  243  562.27(1)                   3rd     Possess still or still apparatus.
  244  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
  245  812.014(3)(c)               3rd     Petit theft (3rd or subsequent adult conviction within specified period); theft of any property not specified in subsection (2).
  246  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
  247  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
  248  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
  249  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
  250  826.01                      3rd     Bigamy.                        
  251  828.122(3)                  3rd     Fighting or baiting animals.   
  252  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  253  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  254  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
  255  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  256  838.15(2)                   3rd     Commercial bribe receiving.    
  257  838.16                      3rd     Commercial bribery.            
  258  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
  259  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  260  849.01                      3rd     Keeping gambling house.        
  261  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  262  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
  263  849.25(2)                   3rd     Engaging in bookmaking.        
  264  860.08                      3rd     Interfere with a railroad signal.
  265  860.13(1)(a)                3rd     Operate aircraft while under the influence.
  266  893.13(2)(a)2.              3rd     Purchase of cannabis.          
  267  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
  268  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
  269         (b) LEVEL 2
  270  
  271  FloridaStatute             FelonyDegree        Description        
  272  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  273  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  274  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.
  275  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  276  590.28(1)                      3rd     Intentional burning of lands.
  277  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  278  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  279  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  280  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  281  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  282  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
  283  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
  284  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  285  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  286  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  287  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  288  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  289  817.60(5)                      3rd     Dealing in credit cards of another.
  290  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  291  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  292  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  293  831.01                         3rd     Forgery.                   
  294  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  295  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  296  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  297  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  298  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  299  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  300  843.08                         3rd     False personation.         
  301  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.
  302  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  303         (d) LEVEL 4
  304  
  305  FloridaStatute              FelonyDegree        Description        
  306  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  307  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  308  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  309  517.07(1)                        3rd     Failure to register securities.
  310  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  311  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  312  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  313  784.075                          3rd     Battery on detention or commitment facility staff.
  314  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  315  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  316  784.081(3)                       3rd     Battery on specified official or employee.
  317  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  318  784.083(3)                       3rd     Battery on code inspector.
  319  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  320  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  321  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  322  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  323  787.07                           3rd     Human smuggling.          
  324  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  325  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  326  790.115(2)(c)                    3rd     Possessing firearm on school property.
  327  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  328  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  329  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  330  810.06                           3rd     Burglary; possession of tools.
  331  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  332  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  333  812.014(2)(c)4.-9.812.014(2)(c)4.-10.     3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  334  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  335  817.505(4)(a)                    3rd     Patient brokering.        
  336  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  337  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  338  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  339  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  340  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  341  837.02(1)                        3rd     Perjury in official proceedings.
  342  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  343  838.022                          3rd     Official misconduct.      
  344  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  345  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  346  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  347  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  348  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  349  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  350  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  351  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
  352  914.14(2)                        3rd     Witnesses accepting bribes.
  353  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  354  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  355  918.12                           3rd     Tampering with jurors.    
  356  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  357  
  358         (e) LEVEL 5
  359  
  360  FloridaStatute             FelonyDegree        Description        
  361  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  362  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  363  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  364  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  365  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  366  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.
  367  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  368  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  369  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  370  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  371  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  372  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  373  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  374  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  375  790.01(2)                      3rd     Carrying a concealed firearm.
  376  790.162                        2nd     Threat to throw or discharge destructive device.
  377  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  378  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  379  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  380  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  381  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  382  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  383  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  384  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  385  812.015(8)                     3rd     Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
  386  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  387  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  388  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  389  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  390  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  391  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.
  392  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.
  393  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  394  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  395  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  396  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  397  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  398  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  399  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.
  400  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  401  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  402  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  403  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  404  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  405  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  406  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).
  407  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.
  408  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.
  409  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.
  410  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.
  411  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  412  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  413         (f) LEVEL 6
  414  
  415  FloridaStatute              FelonyDegree        Description        
  416  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  417  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  418  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  419  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  420  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  421  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  422  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  423  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  424  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  425  784.041                          3rd     Felony battery; domestic battery by strangulation.
  426  784.048(3)                       3rd     Aggravated stalking; credible threat.
  427  784.048(5)                       3rd     Aggravated stalking of person under 16.
  428  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  429  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  430  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  431  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  432  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  433  784.083(2)                       2nd     Aggravated assault on code inspector.
  434  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  435  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  436  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  437  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.
  438  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  439  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  440  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  441  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.
  442  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  443  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  444  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  445  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  446  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  447  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  448  812.015(9)(a)                    2nd     Retail theft; property stolen $1,500 $300 or more; second or subsequent adult conviction within specified period.
  449  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  450  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  451  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  452  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  453  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  454  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  455  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  456  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  457  827.03(2)(c)                     3rd     Abuse of a child.         
  458  827.03(2)(d)                     3rd     Neglect of a child.       
  459  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  460  836.05                           2nd     Threats; extortion.       
  461  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  462  843.12                           3rd     Aids or assists person to escape.
  463  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  464  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  465  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  466  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  467  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.
  468  944.40                           2nd     Escapes.                  
  469  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  470  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  471  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  472         Section 4. For the purpose of incorporating the amendment
  473  made by this act to section 812.014, Florida Statutes, in a
  474  reference thereto, subsection (10) of section 95.18, Florida
  475  Statutes, is reenacted to read:
  476         95.18 Real property actions; adverse possession without
  477  color of title.—
  478         (10) A person who occupies or attempts to occupy a
  479  residential structure solely by claim of adverse possession
  480  under this section and offers the property for lease to another
  481  commits theft under s. 812.014.
  482         Section 5. For the purpose of incorporating the amendment
  483  made by this act to section 812.014, Florida Statutes, in a
  484  reference thereto, paragraph (c) of subsection (3) of section
  485  373.6055, Florida Statutes, is reenacted to read:
  486         373.6055 Criminal history checks for certain water
  487  management district employees and others.—
  488         (3)
  489         (c) In addition to other requirements for employment or
  490  access established by any water management district pursuant to
  491  its water management district’s security plan for buildings,
  492  facilities, and structures, each water management district’s
  493  security plan shall provide that:
  494         1. Any person who has within the past 7 years been
  495  convicted, regardless of whether adjudication was withheld, for
  496  a forcible felony as defined in s. 776.08; an act of terrorism
  497  as defined in s. 775.30; planting of a hoax bomb as provided in
  498  s. 790.165; any violation involving the manufacture, possession,
  499  sale, delivery, display, use, or attempted or threatened use of
  500  a weapon of mass destruction or hoax weapon of mass destruction
  501  as provided in s. 790.166; dealing in stolen property; any
  502  violation of s. 893.135; any violation involving the sale,
  503  manufacturing, delivery, or possession with intent to sell,
  504  manufacture, or deliver a controlled substance; burglary;
  505  robbery; any felony violation of s. 812.014; any violation of s.
  506  790.07; any crime an element of which includes use or possession
  507  of a firearm; any conviction for any similar offenses under the
  508  laws of another jurisdiction; or conviction for conspiracy to
  509  commit any of the listed offenses may not be qualified for
  510  initial employment within or authorized regular access to
  511  buildings, facilities, or structures defined in the water
  512  management district’s security plan as restricted access areas.
  513         2. Any person who has at any time been convicted of any of
  514  the offenses listed in subparagraph 1. may not be qualified for
  515  initial employment within or authorized regular access to
  516  buildings, facilities, or structures defined in the water
  517  management district’s security plan as restricted access areas
  518  unless, after release from incarceration and any supervision
  519  imposed as a sentence, the person remained free from a
  520  subsequent conviction, regardless of whether adjudication was
  521  withheld, for any of the listed offenses for a period of at
  522  least 7 years prior to the employment or access date under
  523  consideration.
  524         Section 6. For the purpose of incorporating the amendment
  525  made by this act to section 812.014, Florida Statutes, in a
  526  reference thereto, subsection (3) of section 400.9935, Florida
  527  Statutes, is reenacted to read:
  528         400.9935 Clinic responsibilities.—
  529         (3) A charge or reimbursement claim made by or on behalf of
  530  a clinic that is required to be licensed under this part but
  531  that is not so licensed, or that is otherwise operating in
  532  violation of this part, regardless of whether a service is
  533  rendered or whether the charge or reimbursement claim is paid,
  534  is an unlawful charge and is noncompensable and unenforceable. A
  535  person who knowingly makes or causes to be made an unlawful
  536  charge commits theft within the meaning of and punishable as
  537  provided in s. 812.014.
  538         Section 7. For the purpose of incorporating the amendment
  539  made by this act to section 812.014, Florida Statutes, in a
  540  reference thereto, paragraph (g) of subsection (17) of section
  541  409.910, Florida Statutes, is reenacted to read:
  542         409.910 Responsibility for payments on behalf of Medicaid
  543  eligible persons when other parties are liable.—
  544         (17)
  545         (g) The agency may investigate and request appropriate
  546  officers or agencies of the state to investigate suspected
  547  criminal violations or fraudulent activity related to third
  548  party benefits, including, without limitation, ss. 414.39 and
  549  812.014. Such requests may be directed, without limitation, to
  550  the Medicaid Fraud Control Unit of the Office of the Attorney
  551  General or to any state attorney. Pursuant to s. 409.913, the
  552  Attorney General has primary responsibility to investigate and
  553  control Medicaid fraud.
  554         Section 8. For the purpose of incorporating the amendment
  555  made by this act to section 812.014, Florida Statutes, in a
  556  reference thereto, subsection (4) of section 489.126, Florida
  557  Statutes, is reenacted to read:
  558         489.126 Moneys received by contractors.—
  559         (4) Any person who violates any provision of this section
  560  is guilty of theft and shall be prosecuted and punished under s.
  561  812.014.
  562         Section 9. For the purpose of incorporating the amendment
  563  made by this act to section 812.014, Florida Statutes, in a
  564  reference thereto, subsection (10) of section 550.6305, Florida
  565  Statutes, is reenacted to read:
  566         550.6305 Intertrack wagering; guest track payments;
  567  accounting rules.—
  568         (10) All races or games conducted at a permitholder’s
  569  facility, all broadcasts of such races or games, and all
  570  broadcast rights relating thereto are owned by the permitholder
  571  at whose facility such races or games are conducted and
  572  constitute the permitholder’s property as defined in s.
  573  812.012(4). Transmission, reception of a transmission,
  574  exhibition, use, or other appropriation of such races or games,
  575  broadcasts of such races or games, or broadcast rights relating
  576  thereto without the written consent of the permitholder
  577  constitutes a theft of such property under s. 812.014; and in
  578  addition to the penal sanctions contained in s. 812.014, the
  579  permitholder has the right to avail itself of the civil remedies
  580  specified in ss. 772.104, 772.11, and 812.035 in addition to any
  581  other remedies available under applicable state or federal law.
  582         Section 10. For the purpose of incorporating the amendment
  583  made by this act to section 812.014, Florida Statutes, in a
  584  reference thereto, subsection (2) of section 627.743, Florida
  585  Statutes, is reenacted to read:
  586         627.743 Payment of third-party claims.—
  587         (2) When making any payment on a third party claim for
  588  damage to an automobile for a partial loss, the insurer shall
  589  have printed on the loss estimate, if prepared by the insurer,
  590  the following: “Failure to use the insurance proceeds in
  591  accordance with the security agreement, if any, could be a
  592  violation of s. 812.014, Florida Statutes. If you have any
  593  questions, contact your lending institution.” However, this
  594  subsection does not apply if the insurer does not prepare the
  595  loss estimate.
  596         Section 11. For the purpose of incorporating the amendment
  597  made by this act to section 812.014, Florida Statutes, in a
  598  reference thereto, subsection (2) of section 634.319, Florida
  599  Statutes, is reenacted to read:
  600         634.319 Reporting and accounting for funds.—
  601         (2) Any sales representative who, not being entitled
  602  thereto, diverts or appropriates such funds or any portion
  603  thereof to her or his own use is, upon conviction, guilty of
  604  theft, punishable as provided in s. 812.014.
  605         Section 12. For the purpose of incorporating the amendment
  606  made by this act to section 812.014, Florida Statutes, in a
  607  reference thereto, subsection (2) of section 634.421, Florida
  608  Statutes, is reenacted to read:
  609         634.421 Reporting and accounting for funds.—
  610         (2) Any sales representative who, not being entitled
  611  thereto, diverts or appropriates funds or any portion thereof to
  612  her or his own use commits theft as provided in s. 812.014.
  613         Section 13. For the purpose of incorporating the amendment
  614  made by this act to section 812.014, Florida Statutes, in a
  615  reference thereto, subsection (3) of section 636.238, Florida
  616  Statutes, is reenacted to read:
  617         636.238 Penalties for violation of this part.—
  618         (3) A person who collects fees for purported membership in
  619  a discount plan but purposefully fails to provide the promised
  620  benefits commits a theft, punishable as provided in s. 812.014.
  621         Section 14. For the purpose of incorporating the amendment
  622  made by this act to section 812.014, Florida Statutes, in a
  623  reference thereto, subsection (2) of section 642.038, Florida
  624  Statutes, is reenacted to read:
  625         642.038 Reporting and accounting for funds.—
  626         (2) Any sales representative who, not being entitled
  627  thereto, diverts or appropriates such funds or any portion
  628  thereof to his or her own use commits theft as provided in s.
  629  812.014.
  630         Section 15. For the purpose of incorporating the amendment
  631  made by this act to section 812.014, Florida Statutes, in a
  632  reference thereto, subsection (4) of section 705.102, Florida
  633  Statutes, is reenacted to read:
  634         705.102 Reporting lost or abandoned property.—
  635         (4) Any person who unlawfully appropriates such lost or
  636  abandoned property to his or her own use or refuses to deliver
  637  such property when required commits theft as defined in s.
  638  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  639  775.084.
  640         Section 16. For the purpose of incorporating the amendment
  641  made by this act to section 812.014, Florida Statutes, in a
  642  reference thereto, paragraph (d) of subsection (1) of section
  643  718.111, Florida Statutes, is reenacted to read:
  644         718.111 The association.—
  645         (1) CORPORATE ENTITY.—
  646         (d) As required by s. 617.0830, an officer, director, or
  647  agent shall discharge his or her duties in good faith, with the
  648  care an ordinarily prudent person in a like position would
  649  exercise under similar circumstances, and in a manner he or she
  650  reasonably believes to be in the interests of the association.
  651  An officer, director, or agent shall be liable for monetary
  652  damages as provided in s. 617.0834 if such officer, director, or
  653  agent breached or failed to perform his or her duties and the
  654  breach of, or failure to perform, his or her duties constitutes
  655  a violation of criminal law as provided in s. 617.0834;
  656  constitutes a transaction from which the officer or director
  657  derived an improper personal benefit, either directly or
  658  indirectly; or constitutes recklessness or an act or omission
  659  that was in bad faith, with malicious purpose, or in a manner
  660  exhibiting wanton and willful disregard of human rights, safety,
  661  or property. Forgery of a ballot envelope or voting certificate
  662  used in a condominium association election is punishable as
  663  provided in s. 831.01, the theft or embezzlement of funds of a
  664  condominium association is punishable as provided in s. 812.014,
  665  and the destruction of or the refusal to allow inspection or
  666  copying of an official record of a condominium association that
  667  is accessible to unit owners within the time periods required by
  668  general law in furtherance of any crime is punishable as
  669  tampering with physical evidence as provided in s. 918.13 or as
  670  obstruction of justice as provided in chapter 843. An officer or
  671  director charged by information or indictment with a crime
  672  referenced in this paragraph must be removed from office, and
  673  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
  674  until the end of the officer’s or director’s period of
  675  suspension or the end of his or her term of office, whichever
  676  occurs first. If a criminal charge is pending against the
  677  officer or director, he or she may not be appointed or elected
  678  to a position as an officer or a director of any association and
  679  may not have access to the official records of any association,
  680  except pursuant to a court order. However, if the charges are
  681  resolved without a finding of guilt, the officer or director
  682  must be reinstated for the remainder of his or her term of
  683  office, if any.
  684         Section 17. For the purpose of incorporating the amendment
  685  made by this act to section 812.014, Florida Statutes, in a
  686  reference thereto, subsection (2) of section 812.015, Florida
  687  Statutes, is reenacted to read:
  688         812.015 Retail and farm theft; transit fare evasion;
  689  mandatory fine; alternative punishment; detention and arrest;
  690  exemption from liability for false arrest; resisting arrest;
  691  penalties.—
  692         (2) Upon a second or subsequent conviction for petit theft
  693  from a merchant, farmer, or transit agency, the offender shall
  694  be punished as provided in s. 812.014(3), except that the court
  695  shall impose a fine of not less than $50 or more than $1,000.
  696  However, in lieu of such fine, the court may require the
  697  offender to perform public services designated by the court. In
  698  no event shall any such offender be required to perform fewer
  699  than the number of hours of public service necessary to satisfy
  700  the fine assessed by the court, as provided by this subsection,
  701  at the minimum wage prevailing in the state at the time of
  702  sentencing.
  703         Section 18. For the purpose of incorporating the amendment
  704  made by this act to section 812.014, Florida Statutes, in
  705  references thereto, subsections (1) and (2) of section 812.0155,
  706  Florida Statutes, are reenacted to read:
  707         812.0155 Suspension of driver license following an
  708  adjudication of guilt for theft.—
  709         (1) Except as provided in subsections (2) and (3), the
  710  court may order the suspension of the driver license of each
  711  person adjudicated guilty of any misdemeanor violation of s.
  712  812.014 or s. 812.015, regardless of the value of the property
  713  stolen. Upon ordering the suspension of the driver license of
  714  the person adjudicated guilty, the court shall forward the
  715  driver license of the person adjudicated guilty to the
  716  Department of Highway Safety and Motor Vehicles in accordance
  717  with s. 322.25.
  718         (a) The first suspension of a driver license under this
  719  subsection shall be for a period of up to 6 months.
  720         (b) A second or subsequent suspension of a driver license
  721  under this subsection shall be for 1 year.
  722         (2) The court may revoke, suspend, or withhold issuance of
  723  a driver license of a person less than 18 years of age who
  724  violates s. 812.014 or s. 812.015 as an alternative to
  725  sentencing the person to:
  726         (a) Probation as defined in s. 985.03 or commitment to the
  727  Department of Juvenile Justice, if the person is adjudicated
  728  delinquent for such violation and has not previously been
  729  convicted of or adjudicated delinquent for any criminal offense,
  730  regardless of whether adjudication was withheld.
  731         (b) Probation as defined in s. 985.03, commitment to the
  732  Department of Juvenile Justice, probation as defined in chapter
  733  948, community control, or incarceration, if the person is
  734  convicted as an adult of such violation and has not previously
  735  been convicted of or adjudicated delinquent for any criminal
  736  offense, regardless of whether adjudication was withheld.
  737         Section 19. For the purpose of incorporating the amendment
  738  made by this act to section 812.014, Florida Statutes, in
  739  references thereto, subsections (4), (7), and (8) of section
  740  812.14, Florida Statutes, are reenacted to read:
  741         812.14 Trespass and larceny with relation to utility
  742  fixtures; theft of utility services.—
  743         (4) A person who willfully violates subsection (2) commits
  744  theft, punishable as provided in s. 812.014.
  745         (7) An owner, lessor, or sublessor who willfully violates
  746  subsection (5) commits a misdemeanor of the first degree,
  747  punishable as provided in s. 775.082 or s. 775.083. Prosecution
  748  for a violation of subsection (5) does not preclude prosecution
  749  for theft pursuant to subsection (8) or s. 812.014.
  750         (8) Theft of utility services for the purpose of
  751  facilitating the manufacture of a controlled substance is theft,
  752  punishable as provided in s. 812.014.
  753         Section 20. For the purpose of incorporating the amendment
  754  made by this act to section 812.014, Florida Statutes, in a
  755  reference thereto, subsection (3) of section 893.138, Florida
  756  Statutes, is reenacted to read:
  757         893.138 Local administrative action to abate drug-related,
  758  prostitution-related, or stolen-property-related public
  759  nuisances and criminal gang activity.—
  760         (3) Any pain-management clinic, as described in s. 458.3265
  761  or s. 459.0137, which has been used on more than two occasions
  762  within a 6-month period as the site of a violation of:
  763         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  764  relating to assault and battery;
  765         (b) Section 810.02, relating to burglary;
  766         (c) Section 812.014, relating to theft;
  767         (d) Section 812.131, relating to robbery by sudden
  768  snatching; or
  769         (e) Section 893.13, relating to the unlawful distribution
  770  of controlled substances,
  771  
  772  may be declared to be a public nuisance, and such nuisance may
  773  be abated pursuant to the procedures provided in this section.
  774         Section 21. For the purpose of incorporating the amendment
  775  made by this act to section 812.014, Florida Statutes, in a
  776  reference thereto, paragraph (a) of subsection (2) of section
  777  932.701, Florida Statutes, is reenacted to read:
  778         932.701 Short title; definitions.—
  779         (2) As used in the Florida Contraband Forfeiture Act:
  780         (a) “Contraband article” means:
  781         1. Any controlled substance as defined in chapter 893 or
  782  any substance, device, paraphernalia, or currency or other means
  783  of exchange that was used, was attempted to be used, or was
  784  intended to be used in violation of any provision of chapter
  785  893, if the totality of the facts presented by the state is
  786  clearly sufficient to meet the state’s burden of establishing
  787  probable cause to believe that a nexus exists between the
  788  article seized and the narcotics activity, whether or not the
  789  use of the contraband article can be traced to a specific
  790  narcotics transaction.
  791         2. Any gambling paraphernalia, lottery tickets, money,
  792  currency, or other means of exchange which was used, was
  793  attempted, or intended to be used in violation of the gambling
  794  laws of the state.
  795         3. Any equipment, liquid or solid, which was being used, is
  796  being used, was attempted to be used, or intended to be used in
  797  violation of the beverage or tobacco laws of the state.
  798         4. Any motor fuel upon which the motor fuel tax has not
  799  been paid as required by law.
  800         5. Any personal property, including, but not limited to,
  801  any vessel, aircraft, item, object, tool, substance, device,
  802  weapon, machine, vehicle of any kind, money, securities, books,
  803  records, research, negotiable instruments, or currency, which
  804  was used or was attempted to be used as an instrumentality in
  805  the commission of, or in aiding or abetting in the commission
  806  of, any felony, whether or not comprising an element of the
  807  felony, or which is acquired by proceeds obtained as a result of
  808  a violation of the Florida Contraband Forfeiture Act.
  809         6. Any real property, including any right, title,
  810  leasehold, or other interest in the whole of any lot or tract of
  811  land, which was used, is being used, or was attempted to be used
  812  as an instrumentality in the commission of, or in aiding or
  813  abetting in the commission of, any felony, or which is acquired
  814  by proceeds obtained as a result of a violation of the Florida
  815  Contraband Forfeiture Act.
  816         7. Any personal property, including, but not limited to,
  817  equipment, money, securities, books, records, research,
  818  negotiable instruments, currency, or any vessel, aircraft, item,
  819  object, tool, substance, device, weapon, machine, or vehicle of
  820  any kind in the possession of or belonging to any person who
  821  takes aquaculture products in violation of s. 812.014(2)(c).
  822         8. Any motor vehicle offered for sale in violation of s.
  823  320.28.
  824         9. Any motor vehicle used during the course of committing
  825  an offense in violation of s. 322.34(9)(a).
  826         10. Any photograph, film, or other recorded image,
  827  including an image recorded on videotape, a compact disc,
  828  digital tape, or fixed disk, that is recorded in violation of s.
  829  810.145 and is possessed for the purpose of amusement,
  830  entertainment, sexual arousal, gratification, or profit, or for
  831  the purpose of degrading or abusing another person.
  832         11. Any real property, including any right, title,
  833  leasehold, or other interest in the whole of any lot or tract of
  834  land, which is acquired by proceeds obtained as a result of
  835  Medicaid fraud under s. 409.920 or s. 409.9201; any personal
  836  property, including, but not limited to, equipment, money,
  837  securities, books, records, research, negotiable instruments, or
  838  currency; or any vessel, aircraft, item, object, tool,
  839  substance, device, weapon, machine, or vehicle of any kind in
  840  the possession of or belonging to any person which is acquired
  841  by proceeds obtained as a result of Medicaid fraud under s.
  842  409.920 or s. 409.9201.
  843         12. Any personal property, including, but not limited to,
  844  any vehicle, item, object, tool, device, weapon, machine, money,
  845  security, book, or record, that is used or attempted to be used
  846  as an instrumentality in the commission of, or in aiding and
  847  abetting in the commission of, a person’s third or subsequent
  848  violation of s. 509.144, whether or not comprising an element of
  849  the offense.
  850         Section 22. For the purpose of incorporating the amendment
  851  made by this act to section 812.014, Florida Statutes, in a
  852  reference thereto, paragraph (b) of subsection (3) of section
  853  943.051, Florida Statutes, is reenacted to read:
  854         943.051 Criminal justice information; collection and
  855  storage; fingerprinting.—
  856         (3)
  857         (b) A minor who is charged with or found to have committed
  858  the following offenses shall be fingerprinted and the
  859  fingerprints shall be submitted electronically to the
  860  department, unless the minor is issued a civil citation pursuant
  861  to s. 985.12:
  862         1. Assault, as defined in s. 784.011.
  863         2. Battery, as defined in s. 784.03.
  864         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  865         4. Unlawful use of destructive devices or bombs, as defined
  866  in s. 790.1615(1).
  867         5. Neglect of a child, as defined in s. 827.03(1)(e).
  868         6. Assault or battery on a law enforcement officer, a
  869  firefighter, or other specified officers, as defined in s.
  870  784.07(2)(a) and (b).
  871         7. Open carrying of a weapon, as defined in s. 790.053.
  872         8. Exposure of sexual organs, as defined in s. 800.03.
  873         9. Unlawful possession of a firearm, as defined in s.
  874  790.22(5).
  875         10. Petit theft, as defined in s. 812.014(3).
  876         11. Cruelty to animals, as defined in s. 828.12(1).
  877         12. Arson, as defined in s. 806.031(1).
  878         13. Unlawful possession or discharge of a weapon or firearm
  879  at a school-sponsored event or on school property, as provided
  880  in s. 790.115.
  881         Section 23. For the purpose of incorporating the amendment
  882  made by this act to section 812.014, Florida Statutes, in a
  883  reference thereto, paragraph (b) of subsection (1) of section
  884  985.11, Florida Statutes, is reenacted to read:
  885         985.11 Fingerprinting and photographing.—
  886         (1)
  887         (b) Unless the child is issued a civil citation or is
  888  participating in a similar diversion program pursuant to s.
  889  985.12, a child who is charged with or found to have committed
  890  one of the following offenses shall be fingerprinted, and the
  891  fingerprints shall be submitted to the Department of Law
  892  Enforcement as provided in s. 943.051(3)(b):
  893         1. Assault, as defined in s. 784.011.
  894         2. Battery, as defined in s. 784.03.
  895         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  896         4. Unlawful use of destructive devices or bombs, as defined
  897  in s. 790.1615(1).
  898         5. Neglect of a child, as defined in s. 827.03(1)(e).
  899         6. Assault on a law enforcement officer, a firefighter, or
  900  other specified officers, as defined in s. 784.07(2)(a).
  901         7. Open carrying of a weapon, as defined in s. 790.053.
  902         8. Exposure of sexual organs, as defined in s. 800.03.
  903         9. Unlawful possession of a firearm, as defined in s.
  904  790.22(5).
  905         10. Petit theft, as defined in s. 812.014.
  906         11. Cruelty to animals, as defined in s. 828.12(1).
  907         12. Arson, resulting in bodily harm to a firefighter, as
  908  defined in s. 806.031(1).
  909         13. Unlawful possession or discharge of a weapon or firearm
  910  at a school-sponsored event or on school property as defined in
  911  s. 790.115.
  912  
  913  A law enforcement agency may fingerprint and photograph a child
  914  taken into custody upon probable cause that such child has
  915  committed any other violation of law, as the agency deems
  916  appropriate. Such fingerprint records and photographs shall be
  917  retained by the law enforcement agency in a separate file, and
  918  these records and all copies thereof must be marked “Juvenile
  919  Confidential.” These records are not available for public
  920  disclosure and inspection under s. 119.07(1) except as provided
  921  in ss. 943.053 and 985.04(2), but shall be available to other
  922  law enforcement agencies, criminal justice agencies, state
  923  attorneys, the courts, the child, the parents or legal
  924  custodians of the child, their attorneys, and any other person
  925  authorized by the court to have access to such records. In
  926  addition, such records may be submitted to the Department of Law
  927  Enforcement for inclusion in the state criminal history records
  928  and used by criminal justice agencies for criminal justice
  929  purposes. These records may, in the discretion of the court, be
  930  open to inspection by anyone upon a showing of cause. The
  931  fingerprint and photograph records shall be produced in the
  932  court whenever directed by the court. Any photograph taken
  933  pursuant to this section may be shown by a law enforcement
  934  officer to any victim or witness of a crime for the purpose of
  935  identifying the person who committed such crime.
  936         Section 24. For the purpose of incorporating the amendment
  937  made by this act to section 812.014, Florida Statutes, in
  938  references thereto, paragraph (a) of subsection (1) and
  939  paragraph (c) of subsection (2) of section 985.557, Florida
  940  Statutes, are reenacted to read:
  941         985.557 Direct filing of an information; discretionary and
  942  mandatory criteria.—
  943         (1) DISCRETIONARY DIRECT FILE.—
  944         (a) With respect to any child who was 14 or 15 years of age
  945  at the time the alleged offense was committed, the state
  946  attorney may file an information when in the state attorney’s
  947  judgment and discretion the public interest requires that adult
  948  sanctions be considered or imposed and when the offense charged
  949  is for the commission of, attempt to commit, or conspiracy to
  950  commit:
  951         1. Arson;
  952         2. Sexual battery;
  953         3. Robbery;
  954         4. Kidnapping;
  955         5. Aggravated child abuse;
  956         6. Aggravated assault;
  957         7. Aggravated stalking;
  958         8. Murder;
  959         9. Manslaughter;
  960         10. Unlawful throwing, placing, or discharging of a
  961  destructive device or bomb;
  962         11. Armed burglary in violation of s. 810.02(2)(b) or
  963  specified burglary of a dwelling or structure in violation of s.
  964  810.02(2)(c), or burglary with an assault or battery in
  965  violation of s. 810.02(2)(a);
  966         12. Aggravated battery;
  967         13. Any lewd or lascivious offense committed upon or in the
  968  presence of a person less than 16 years of age;
  969         14. Carrying, displaying, using, threatening, or attempting
  970  to use a weapon or firearm during the commission of a felony;
  971         15. Grand theft in violation of s. 812.014(2)(a);
  972         16. Possessing or discharging any weapon or firearm on
  973  school property in violation of s. 790.115;
  974         17. Home invasion robbery;
  975         18. Carjacking; or
  976         19. Grand theft of a motor vehicle in violation of s.
  977  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  978  $20,000 or more in violation of s. 812.014(2)(b) if the child
  979  has a previous adjudication for grand theft of a motor vehicle
  980  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  981         (2) MANDATORY DIRECT FILE.—
  982         (c) The state attorney must file an information if a child,
  983  regardless of the child’s age at the time the alleged offense
  984  was committed, is alleged to have committed an act that would be
  985  a violation of law if the child were an adult, that involves
  986  stealing a motor vehicle, including, but not limited to, a
  987  violation of s. 812.133, relating to carjacking, or s.
  988  812.014(2)(c)6., relating to grand theft of a motor vehicle, and
  989  while the child was in possession of the stolen motor vehicle
  990  the child caused serious bodily injury to or the death of a
  991  person who was not involved in the underlying offense. For
  992  purposes of this section, the driver and all willing passengers
  993  in the stolen motor vehicle at the time such serious bodily
  994  injury or death is inflicted shall also be subject to mandatory
  995  transfer to adult court. “Stolen motor vehicle,” for the
  996  purposes of this section, means a motor vehicle that has been
  997  the subject of any criminal wrongful taking. For purposes of
  998  this section, “willing passengers” means all willing passengers
  999  who have participated in the underlying offense.
 1000         Section 25. For the purpose of incorporating the amendment
 1001  made by this act to section 812.015, Florida Statutes, in a
 1002  reference thereto, subsection (5) of section 538.09, Florida
 1003  Statutes, is reenacted to read:
 1004         538.09 Registration.—
 1005         (5) In addition to the fine provided in subsection (4),
 1006  registration under this section may be denied or any
 1007  registration granted may be revoked, restricted, or suspended by
 1008  the department if the department determines that the applicant
 1009  or registrant:
 1010         (a) Has violated any provision of this chapter or any rule
 1011  or order made pursuant to this chapter;
 1012         (b) Has made a material false statement in the application
 1013  for registration;
 1014         (c) Has been guilty of a fraudulent act in connection with
 1015  any purchase or sale or has been or is engaged in or is about to
 1016  engage in any practice, purchase, or sale which is fraudulent or
 1017  in violation of the law;
 1018         (d) Has made a misrepresentation or false statement to, or
 1019  concealed any essential or material fact from, any person in
 1020  making any purchase or sale;
 1021         (e) Is making purchases or sales through any business
 1022  associate not registered in compliance with the provisions of
 1023  this chapter;
 1024         (f) Has, within the preceding 10-year period for new
 1025  registrants who apply for registration on or after October 1,
 1026  2006, been convicted of, or has entered a plea of guilty or nolo
 1027  contendere to, or had adjudication withheld for, a crime against
 1028  the laws of this state or any other state or of the United
 1029  States which relates to registration as a secondhand dealer or
 1030  which involves theft, larceny, dealing in stolen property,
 1031  receiving stolen property, burglary, embezzlement, obtaining
 1032  property by false pretenses, possession of altered property, any
 1033  felony drug offense, any violation of s. 812.015, or any
 1034  fraudulent dealing;
 1035         (g) Has had a final judgment entered against her or him in
 1036  a civil action upon grounds of fraud, embezzlement,
 1037  misrepresentation, or deceit; or
 1038         (h) Has failed to pay any sales tax owed to the Department
 1039  of Revenue.
 1040  
 1041  In the event the department determines to deny an application or
 1042  revoke a registration, it shall enter a final order with its
 1043  findings on the register of secondhand dealers and their
 1044  business associates, if any; and denial, suspension, or
 1045  revocation of the registration of a secondhand dealer shall also
 1046  deny, suspend, or revoke the registration of such secondhand
 1047  dealer’s business associates.
 1048         Section 26. For the purpose of incorporating the amendments
 1049  made by this act to sections 812.014 and 812.015, Florida
 1050  Statutes, in references thereto, subsection (2) of section
 1051  538.23, Florida Statutes, is reenacted to read:
 1052         538.23 Violations and penalties.—
 1053         (2) A secondary metals recycler is presumed to know upon
 1054  receipt of stolen regulated metals property in a purchase
 1055  transaction that the regulated metals property has been stolen
 1056  from another if the secondary metals recycler knowingly and
 1057  intentionally fails to maintain the information required in s.
 1058  538.19 and shall, upon conviction of a violation of s. 812.015,
 1059  be punished as provided in s. 812.014(2) or (3).
 1060         Section 27. For the purpose of incorporating the amendments
 1061  made by this act to sections 812.014 and 812.015, Florida
 1062  Statutes, in references thereto, subsection (2) of section
 1063  812.0155, Florida Statutes, is reenacted to read:
 1064         812.0155 Suspension of driver license following an
 1065  adjudication of guilt for theft.—
 1066         (2) The court may revoke, suspend, or withhold issuance of
 1067  a driver license of a person less than 18 years of age who
 1068  violates s. 812.014 or s. 812.015 as an alternative to
 1069  sentencing the person to:
 1070         (a) Probation as defined in s. 985.03 or commitment to the
 1071  Department of Juvenile Justice, if the person is adjudicated
 1072  delinquent for such violation and has not previously been
 1073  convicted of or adjudicated delinquent for any criminal offense,
 1074  regardless of whether adjudication was withheld.
 1075         (b) Probation as defined in s. 985.03, commitment to the
 1076  Department of Juvenile Justice, probation as defined in chapter
 1077  948, community control, or incarceration, if the person is
 1078  convicted as an adult of such violation and has not previously
 1079  been convicted of or adjudicated delinquent for any criminal
 1080  offense, regardless of whether adjudication was withheld.
 1081         Section 28. This act shall take effect October 1, 2019.

feedback