Bill Text: FL S1102 | 2017 | Regular Session | Introduced


Bill Title: Criminal Offenses

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Appropriations [S1102 Detail]

Download: Florida-2017-S1102-Introduced.html
       Florida Senate - 2017                                    SB 1102
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01126-17                                           20171102__
    1                        A bill to be entitled                      
    2         An act relating to criminal offenses; amending s.
    3         212.15, F.S.; revising threshold amounts for failure
    4         to remit taxes offenses; amending s. 812.014, F.S.;
    5         revising threshold amounts for theft offenses;
    6         amending s. 812.015, F.S.; revising threshold amounts
    7         for retail theft; amending s. 812.0195, F.S.; revising
    8         threshold amounts for dealing in stolen property by
    9         use of the Internet offenses; amending ss. 832.04 and
   10         832.041, F.S.; revising threshold amounts for stopping
   11         payment offenses; amending s. 832.05, F.S.; revising
   12         threshold amounts for offenses involving giving
   13         worthless checks, drafts, and debit card orders;
   14         amending s. 832.062, F.S.; revising threshold amounts
   15         for offenses involving payments to the Department of
   16         Revenue; amending s. 921.0022, F.S.; conforming
   17         provisions to changes made by the act; reenacting ss.
   18         634.319, 634.421, 636.238(3), 642.038(2), 705.102(4),
   19         812.0155(1), 985.11(1)(b), and 985.557(1)(a), F.S.,
   20         relating to reporting and accounting for funds by
   21         insurance sales representatives, reporting and
   22         accounting for funds by insurance sales
   23         representatives or agents, penalties for certain
   24         violations involving discount medical plans, reporting
   25         and accounting for funds, reporting lost or abandoned
   26         property, suspension of a driver license following an
   27         adjudication of guilt for theft, fingerprinting and
   28         photographing of juveniles, and direct filing of an
   29         information against a juvenile, respectively, to
   30         incorporate the amendments made by the act in cross
   31         references to amended provisions; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraphs (a) and (b) of subsection (2) of
   37  section 212.15, Florida Statutes, are amended to read:
   38         212.15 Taxes declared state funds; penalties for failure to
   39  remit taxes; due and delinquent dates; judicial review.—
   40         (2) Any person who, with intent to unlawfully deprive or
   41  defraud the state of its moneys or the use or benefit thereof,
   42  fails to remit taxes collected under this chapter commits is
   43  guilty of theft of state funds, punishable as follows:
   44         (a) If the total amount of stolen revenue is less than
   45  $1,000 $300, the offense is a misdemeanor of the second degree,
   46  punishable as provided in s. 775.082 or s. 775.083. Upon a
   47  second conviction, the offender commits is guilty of a
   48  misdemeanor of the first degree, punishable as provided in s.
   49  775.082 or s. 775.083. Upon a third or subsequent conviction,
   50  the offender commits is guilty of a felony of the third degree,
   51  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   52         (b) If the total amount of stolen revenue is $1,000 $300 or
   53  more, but less than $20,000, the offense is a felony of the
   54  third degree, punishable as provided in s. 775.082, s. 775.083,
   55  or s. 775.084.
   56         Section 2. Subsection (2) of section 812.014, Florida
   57  Statutes, is amended to read:
   58         812.014 Theft.—
   59         (2)(a)1. If the property stolen is valued at $100,000 or
   60  more or is a semitrailer that was deployed by a law enforcement
   61  officer; or
   62         2. If the property stolen is cargo valued at $50,000 or
   63  more that has entered the stream of interstate or intrastate
   64  commerce from the shipper’s loading platform to the consignee’s
   65  receiving dock; or
   66         3. If the offender commits any grand theft and:
   67         a. In the course of committing the offense the offender
   68  uses a motor vehicle as an instrumentality, other than merely as
   69  a getaway vehicle, to assist in committing the offense and
   70  thereby damages the real property of another; or
   71         b. In the course of committing the offense the offender
   72  causes damage to the real or personal property of another in
   73  excess of $1,000,
   74  
   75  the offender commits grand theft in the first degree, punishable
   76  as a felony of the first degree, as provided in s. 775.082, s.
   77  775.083, or s. 775.084.
   78         (b)1. If the property stolen is valued at $20,000 or more,
   79  but less than $100,000;
   80         2. The property stolen is cargo valued at less than $50,000
   81  that has entered the stream of interstate or intrastate commerce
   82  from the shipper’s loading platform to the consignee’s receiving
   83  dock;
   84         3. The property stolen is emergency medical equipment,
   85  valued at $1,000 $300 or more, that is taken from a facility
   86  licensed under chapter 395 or from an aircraft or vehicle
   87  permitted under chapter 401; or
   88         4. The property stolen is law enforcement equipment, valued
   89  at $1,000 $300 or more, that is taken from an authorized
   90  emergency vehicle, as defined in s. 316.003,
   91  
   92  the offender commits grand theft in the second degree,
   93  punishable as a felony of the second degree, as provided in s.
   94  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
   95  means mechanical or electronic apparatus used to provide
   96  emergency services and care as defined in s. 395.002(9) or to
   97  treat medical emergencies. Law enforcement equipment means any
   98  property, device, or apparatus used by any law enforcement
   99  officer as defined in s. 943.10 in the officer’s official
  100  business. However, if the property is stolen within a county
  101  that is subject to a state of emergency declared by the Governor
  102  under chapter 252, the theft is committed after the declaration
  103  of emergency is made, and the perpetration of the theft is
  104  facilitated by conditions arising from the emergency, the theft
  105  is a felony of the first degree, punishable as provided in s.
  106  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
  107  the term “conditions arising from the emergency” means civil
  108  unrest, power outages, curfews, voluntary or mandatory
  109  evacuations, or a reduction in the presence of or response time
  110  for first responders or homeland security personnel. For
  111  purposes of sentencing under chapter 921, a felony offense that
  112  is reclassified under this paragraph is ranked one level above
  113  the ranking under s. 921.0022 or s. 921.0023 of the offense
  114  committed.
  115         (c) It is grand theft of the third degree and a felony of
  116  the third degree, punishable as provided in s. 775.082, s.
  117  775.083, or s. 775.084, if the property stolen is:
  118         1. Valued at $1,000 $300 or more, but less than $5,000.
  119         2. Valued at $5,000 or more, but less than $10,000.
  120         3. Valued at $10,000 or more, but less than $20,000.
  121         4. A will, codicil, or other testamentary instrument.
  122         5. A firearm.
  123         6. A motor vehicle, except as provided in paragraph (a).
  124         7. Any commercially farmed animal, including any animal of
  125  the equine, bovine, or swine class or other grazing animal; a
  126  bee colony of a registered beekeeper; and aquaculture species
  127  raised at a certified aquaculture facility. If the property
  128  stolen is aquaculture species raised at a certified aquaculture
  129  facility, then a $10,000 fine shall be imposed.
  130         8. Any fire extinguisher.
  131         9. Any amount of citrus fruit consisting of 2,000 or more
  132  individual pieces of fruit.
  133         10. Taken from a designated construction site identified by
  134  the posting of a sign as provided for in s. 810.09(2)(d).
  135         11. Any stop sign.
  136         12. Anhydrous ammonia.
  137         13. Any amount of a controlled substance as defined in s.
  138  893.02. Notwithstanding any other law, separate judgments and
  139  sentences for theft of a controlled substance under this
  140  subparagraph and for any applicable possession of controlled
  141  substance offense under s. 893.13 or trafficking in controlled
  142  substance offense under s. 893.135 may be imposed when all such
  143  offenses involve the same amount or amounts of a controlled
  144  substance.
  145  
  146  However, if the property is stolen within a county that is
  147  subject to a state of emergency declared by the Governor under
  148  chapter 252, the property is stolen after the declaration of
  149  emergency is made, and the perpetration of the theft is
  150  facilitated by conditions arising from the emergency, the
  151  offender commits a felony of the second degree, punishable as
  152  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  153  property is valued at $5,000 or more, but less than $10,000, as
  154  provided under subparagraph 2., or if the property is valued at
  155  $10,000 or more, but less than $20,000, as provided under
  156  subparagraph 3. As used in this paragraph, the term “conditions
  157  arising from the emergency” means civil unrest, power outages,
  158  curfews, voluntary or mandatory evacuations, or a reduction in
  159  the presence of or the response time for first responders or
  160  homeland security personnel. For purposes of sentencing under
  161  chapter 921, a felony offense that is reclassified under this
  162  paragraph is ranked one level above the ranking under s.
  163  921.0022 or s. 921.0023 of the offense committed.
  164         (d) It is grand theft of the third degree and a felony of
  165  the third degree, punishable as provided in s. 775.082, s.
  166  775.083, or s. 775.084, if the property stolen is valued at $300
  167  $100 or more, but less than $1,000 $300, and is taken from a
  168  dwelling as defined in s. 810.011(2) or from the unenclosed
  169  curtilage of a dwelling pursuant to s. 810.09(1).
  170         (e) Except as provided in paragraph (d), if the property
  171  stolen is valued at $300 $100 or more, but less than $1,000
  172  $300, the offender commits petit theft of the first degree,
  173  punishable as a misdemeanor of the first degree, as provided in
  174  s. 775.082 or s. 775.083.
  175         Section 3. Subsection (8) of section 812.015, Florida
  176  Statutes, is amended to read:
  177         812.015 Retail and farm theft; transit fare evasion;
  178  mandatory fine; alternative punishment; detention and arrest;
  179  exemption from liability for false arrest; resisting arrest;
  180  penalties.—
  181         (8) Except as provided in subsection (9), a person who
  182  commits retail theft commits a felony of the third degree,
  183  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  184  if the property stolen is valued at $500 $300 or more, and the
  185  person:
  186         (a) Individually, or in concert with one or more other
  187  persons, coordinates the activities of one or more individuals
  188  in committing the offense, in which case the amount of each
  189  individual theft is aggregated to determine the value of the
  190  property stolen;
  191         (b) Commits theft from more than one location within a 48
  192  hour period, in which case the amount of each individual theft
  193  is aggregated to determine the value of the property stolen;
  194         (c) Acts in concert with one or more other individuals
  195  within one or more establishments to distract the merchant,
  196  merchant’s employee, or law enforcement officer in order to
  197  carry out the offense, or acts in other ways to coordinate
  198  efforts to carry out the offense; or
  199         (d) Commits the offense through the purchase of merchandise
  200  in a package or box that contains merchandise other than, or in
  201  addition to, the merchandise purported to be contained in the
  202  package or box.
  203         Section 4. Section 812.0195, Florida Statutes, is amended
  204  to read:
  205         812.0195 Dealing in stolen property by use of the
  206  Internet.—Any person in this state who uses the Internet to sell
  207  or offer for sale any merchandise or other property that the
  208  person knows, or has reasonable cause to believe, is stolen
  209  commits:
  210         (1) A misdemeanor of the second degree, punishable as
  211  provided in s. 775.082 or s. 775.083, if the value of the
  212  property is less than $500 $300; or
  213         (2) A felony of the third degree, punishable as provided in
  214  s. 775.082, s. 775.083, or s. 775.084, if the value of the
  215  property is $500 $300 or more.
  216         Section 5. Subsection (1) of section 832.04, Florida
  217  Statutes, is amended to read:
  218         832.04 Stopping payment; purchase of farm or grove
  219  products.—
  220         (1) Whoever, with intent to defraud any producer of farm or
  221  grove products or product of such products or product shall, in
  222  person or by agent, make, draw, utter, deliver, or give to such
  223  producer any check, draft, or written order for the payment of
  224  money upon any bank, person, or corporation and secure from such
  225  producer such products or product for or on account of such
  226  check, draft, or written order, whether such products or product
  227  are valued at the amount of such check, draft, or written order
  228  or at a greater or lesser value, and who shall, pursuant to and
  229  in furtherance of such intent to defraud, stop payment on such
  230  check, draft, or written order, commits shall be deemed to be
  231  guilty of a misdemeanor of the first degree, punishable as
  232  provided in s. 775.082 or s. 775.083, if the value of the
  233  products or product secured for or on account of such check,
  234  draft, or written order is $500 $150 or more; and if the value
  235  of the products or product secured for or on account of such
  236  check, draft, or written order is less than $500 $150, he or she
  237  commits shall be guilty of a misdemeanor of the second degree,
  238  punishable as provided in s. 775.082 or s. 775.083.
  239         Section 6. Subsection (1) of section 832.041, Florida
  240  Statutes, is amended to read:
  241         832.041 Stopping payment with intent to defraud.—
  242         (1) Whoever, with intent to defraud any person shall, in
  243  person or by agent, make, draw, utter, deliver, or give any
  244  check, draft, or written order for the payment of money upon any
  245  bank, person, or corporation and secure from such person goods
  246  or services for or on account of such check, draft, or written
  247  order, whether such goods or services are valued at the amount
  248  of such check, draft, or written order or at a greater or lesser
  249  value, and who shall, pursuant to and in furtherance of such
  250  intent to defraud, stop payment on such check, draft, or written
  251  order, commits shall be deemed to be guilty of a felony of the
  252  third degree, punishable as provided in s. 775.082, s. 775.083,
  253  or s. 775.084, if the value of the goods or services secured for
  254  or on account of such check, draft, or written order is $500
  255  $150 or more; and if the value of the goods or services secured
  256  for or on account of such check, draft, or written order is less
  257  than $500 $150, he or she commits shall be guilty of a
  258  misdemeanor of the second degree, punishable as provided in s.
  259  775.082 or s. 775.083.
  260         Section 7. Paragraph (b) of subsection (2) and paragraph
  261  (c) of subsection (4) of section 832.05, Florida Statutes, are
  262  amended to read:
  263         832.05 Giving worthless checks, drafts, and debit card
  264  orders; penalty; duty of drawee; evidence; costs; complaint
  265  form.—
  266         (2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS;
  267  PENALTY.—
  268         (b) A violation of the provisions of this subsection
  269  constitutes a misdemeanor of the first degree, punishable as
  270  provided in s. 775.082 or s. 775.083, unless the check, draft,
  271  debit card order, or other written order drawn, made, uttered,
  272  issued, or delivered is in the amount of $500 $150, or its
  273  equivalent, or more and the payee or a subsequent holder thereof
  274  receives something of value therefor. In that event, the
  275  violation constitutes a felony of the third degree, punishable
  276  as provided in s. 775.082, s. 775.083, or s. 775.084.
  277         (4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS
  278  CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
  279         (c) A violation of the provisions of this subsection, if
  280  the check, draft, other written order, or debit card order is
  281  for an amount less than $500 $150 or its equivalent, constitutes
  282  a misdemeanor of the first degree, punishable as provided in s.
  283  775.082 or s. 775.083. A violation of the provisions of this
  284  subsection, if the check, draft, other written order, or debit
  285  card order is in the amount of $500 $150, or its equivalent, or
  286  more, constitutes a felony of the third degree, punishable as
  287  provided in s. 775.082, s. 775.083, or s. 775.084.
  288         Section 8. Subsection (2) of section 832.062, Florida
  289  Statutes, is amended, and subsection (1) of that section is
  290  republished, to read:
  291         832.062 Prosecution for worthless checks, drafts, debit
  292  card orders, or electronic funds transfers made to pay any tax
  293  or associated amount administered by the Department of Revenue.—
  294         (1) It is unlawful for any person, firm, or corporation to
  295  draw, make, utter, issue, or deliver to the Department of
  296  Revenue any check, draft, or other written order on any bank or
  297  depository, to use a debit card, to make, send, instruct, order,
  298  or initiate any electronic funds transfer, or to cause or direct
  299  the making, sending, instructing, ordering, or initiating of any
  300  electronic funds transfer, for the payment of any taxes,
  301  penalties, interest, fees, or associated amounts administered by
  302  the Department of Revenue, knowing at the time of the drawing,
  303  making, uttering, issuing, or delivering such check, draft, or
  304  other written order, at the time of using such debit card, at
  305  the time of making, sending, instructing, ordering, or
  306  initiating any electronic funds transfer, or at the time of
  307  causing or directing the making, sending, instructing, ordering,
  308  initiating, or executing of any electronic funds transfer, that
  309  the maker, drawer, sender, or receiver thereof has not
  310  sufficient funds on deposit in or credit with such bank or
  311  depository with which to pay the same on presentation. This
  312  section does not apply to any check or electronic funds transfer
  313  when the Department of Revenue knows or has been expressly
  314  notified prior to the drawing or uttering of the check or the
  315  sending or initiating of the electronic funds transfer, or has
  316  reason to believe, that the drawer, sender, or receiver did not
  317  have on deposit or to the drawer’s, sender’s, or receiver’s
  318  credit with the drawee or receiving bank or depository
  319  sufficient funds to ensure payment as aforesaid, and this
  320  section does not apply to any postdated check.
  321         (2) A violation of this section constitutes a misdemeanor
  322  of the second degree, punishable as provided in s. 775.082 or s.
  323  775.083, unless the check, draft, debit card order, or other
  324  written order drawn, made, uttered, issued, or delivered, or
  325  electronic funds transfer made, sent, instructed, ordered, or
  326  initiated, or caused or directed to be made, sent, instructed,
  327  ordered, or initiated is in the amount of $500 $150 or more. In
  328  that event, the violation constitutes a felony of the third
  329  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  330  775.084.
  331         Section 9. Paragraphs (a), (b), (d), and (e) of subsection
  332  (3) of section 921.0022, Florida Statutes, are amended to read:
  333         921.0022 Criminal Punishment Code; offense severity ranking
  334  chart.—
  335         (3) OFFENSE SEVERITY RANKING CHART
  336         (a) LEVEL 1
  337  
  338  
  339  FloridaStatute    FelonyDegree           Description            
  340  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  341  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  342  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $1,000 $300 but less than $20,000.
  343  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  344  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  345  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  346  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  347  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
  348  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
  349  322.212(5)(a)        3rd   False application for driver license or identification card.
  350  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  351  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  352  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  353  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  354  562.27(1)            3rd   Possess still or still apparatus. 
  355  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  356  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  357  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  358  815.04(5)(a)         3rd   Offense against intellectual property (i.e., computer programs, data).
  359  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  360  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
  361  826.01               3rd   Bigamy.                           
  362  828.122(3)           3rd   Fighting or baiting animals.      
  363  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  364  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  365  832.041(1)           3rd   Stopping payment with intent to defraud $500 $150 or more.
  366  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $500 $150 or more or obtaining property in return for worthless check $500 $150 or more.
  367  838.15(2)            3rd   Commercial bribe receiving.       
  368  838.16               3rd   Commercial bribery.               
  369  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  370  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  371  849.01               3rd   Keeping gambling house.           
  372  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.
  373  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  374  849.25(2)            3rd   Engaging in bookmaking.           
  375  860.08               3rd   Interfere with a railroad signal. 
  376  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  377  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  378  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  379  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  380         (b) LEVEL 2
  381  
  382  
  383  FloridaStatute    FelonyDegree           Description            
  384  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  385  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  386  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.
  387  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  388  590.28(1)            3rd   Intentional burning of lands.     
  389  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  390  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  391  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  392  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  393  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  394  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
  395  812.014(2)(d)        3rd   Grand theft, 3rd degree; $300 $100 or more but less than $1,000 $300, taken from unenclosed curtilage of dwelling.
  396  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  397  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  398  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  399  817.52(3)            3rd   Failure to redeliver hired vehicle.
  400  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  401  817.60(5)            3rd   Dealing in credit cards of another.
  402  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  403  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  404  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  405  831.01               3rd   Forgery.                          
  406  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  407  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  408  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  409  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  410  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  411  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  412  843.08               3rd   False personation.                
  413  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
  414  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  415         (d) LEVEL 4
  416  
  417  
  418  FloridaStatute    FelonyDegree           Description            
  419  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.
  420  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  421  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  422  517.07(1)            3rd   Failure to register securities.   
  423  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  424  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  425  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  426  784.075              3rd   Battery on detention or commitment facility staff.
  427  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  428  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  429  784.081(3)           3rd   Battery on specified official or employee.
  430  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  431  784.083(3)           3rd   Battery on code inspector.        
  432  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  433  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  434  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  435  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  436  787.07               3rd   Human smuggling.                  
  437  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  438  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  439  790.115(2)(c)        3rd   Possessing firearm on school property.
  440  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  441  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  442  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  443  810.06               3rd   Burglary; possession of tools.    
  444  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  445  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  446  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  447  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $500 $300 or more.
  448  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  449  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  450  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
  451  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  452  837.02(1)            3rd   Perjury in official proceedings.  
  453  837.021(1)           3rd   Make contradictory statements in official proceedings.
  454  838.022              3rd   Official misconduct.              
  455  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  456  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  457  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  458  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  459  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  460  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  461  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  462  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)4. drugs).
  463  914.14(2)            3rd   Witnesses accepting bribes.       
  464  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  465  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  466  918.12               3rd   Tampering with jurors.            
  467  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  468         (e) LEVEL 5
  469  
  470  
  471  FloridaStatute    FelonyDegree           Description            
  472  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  473  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  474  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  475  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  476  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  477  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.
  478  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  479  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  480  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  481  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  482  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  483  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  484  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  485  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  486  790.01(2)            3rd   Carrying a concealed firearm.     
  487  790.162              2nd   Threat to throw or discharge destructive device.
  488  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  489  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  490  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  491  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  492  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  493  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  494  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  495  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  496  812.015(8)           3rd   Retail theft; property stolen is valued at $500 $300 or more and one or more specified acts.
  497  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  498  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  499  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  500  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  501  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  502  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.
  503  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.
  504  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  505  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  506  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  507  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  508  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  509  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.
  510  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  511  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  512  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  513  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  514  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  515  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  516  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)4. drugs).
  517  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
  518  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)4. drugs) within 1,000 feet of university.
  519  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  520  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)4. drugs) within 1,000 feet of public housing facility.
  521  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  522  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  523         Section 10. For the purpose of incorporating the amendment
  524  made by this act to section 812.014, Florida Statutes, in a
  525  reference thereto, section 634.319, Florida Statutes, is
  526  reenacted to read:
  527         634.319 Reporting and accounting for funds.—
  528         (1) All funds belonging to insurers, home warranty
  529  associations, or others received by a sales representative in
  530  transactions under her or his license and appointment are trust
  531  funds so received by the sales representative in a fiduciary
  532  capacity; and the sales representative, in the applicable
  533  regular course of business, shall account for and pay such funds
  534  to the insurer, association, warranty holder, or other person
  535  entitled thereto.
  536         (2) Any sales representative who, not being entitled
  537  thereto, diverts or appropriates such funds or any portion
  538  thereof to her or his own use is, upon conviction, guilty of
  539  theft, punishable as provided in s. 812.014.
  540         Section 11. For the purpose of incorporating the amendment
  541  made by this act to section 812.014, Florida Statutes, in a
  542  reference thereto, section 634.421, Florida Statutes, is
  543  reenacted to read:
  544         634.421 Reporting and accounting for funds.—
  545         (1) All funds belonging to insurers, service warranty
  546  associations, or others received by a sales representative in
  547  transactions under her or his license or appointment are trust
  548  funds so received by the sales representative or agent in a
  549  fiduciary capacity; and the sales representative or agent, in
  550  the applicable regular course of business, shall account for and
  551  pay such funds to the insurer, association, warranty holder, or
  552  other person entitled thereto.
  553         (2) Any sales representative who, not being entitled
  554  thereto, diverts or appropriates funds or any portion thereof to
  555  her or his own use commits theft as provided in s. 812.014.
  556         Section 12. For the purpose of incorporating the amendment
  557  made by this act to section 812.014, Florida Statutes, in a
  558  reference thereto, subsection (3) of section 636.238, Florida
  559  Statutes, is reenacted to read:
  560         636.238 Penalties for violation of this part.—
  561         (3) A person who collects fees for purported membership in
  562  a discount medical plan but purposefully fails to provide the
  563  promised benefits commits a theft, punishable as provided in s.
  564  812.014.
  565         Section 13. For the purpose of incorporating the amendment
  566  made by this act to section 812.014, Florida Statutes, in a
  567  reference thereto, subsection (2) of section 642.038, Florida
  568  Statutes, is reenacted to read:
  569         642.038 Reporting and accounting for funds.—
  570         (2) Any sales representative who, not being entitled
  571  thereto, diverts or appropriates such funds or any portion
  572  thereof to his or her own use commits theft as provided in s.
  573  812.014.
  574         Section 14. For the purpose of incorporating the amendment
  575  made by this act to section 812.014, Florida Statutes, in a
  576  reference thereto, subsection (4) of section 705.102, Florida
  577  Statutes, is reenacted to read:
  578         705.102 Reporting lost or abandoned property.—
  579         (4) Any person who unlawfully appropriates such lost or
  580  abandoned property to his or her own use or refuses to deliver
  581  such property when required commits theft as defined in s.
  582  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  583  775.084.
  584         Section 15. For the purpose of incorporating the amendment
  585  made by this act to section 812.014, Florida Statutes, in a
  586  reference thereto, subsection (1) of section 812.0155, Florida
  587  Statutes, is reenacted to read:
  588         812.0155 Suspension of driver license following an
  589  adjudication of guilt for theft.—
  590         (1) Except as provided in subsections (2) and (3), the
  591  court may order the suspension of the driver license of each
  592  person adjudicated guilty of any misdemeanor violation of s.
  593  812.014 or s. 812.015, regardless of the value of the property
  594  stolen. Upon ordering the suspension of the driver license of
  595  the person adjudicated guilty, the court shall forward the
  596  driver license of the person adjudicated guilty to the
  597  Department of Highway Safety and Motor Vehicles in accordance
  598  with s. 322.25.
  599         (a) The first suspension of a driver license under this
  600  subsection shall be for a period of up to 6 months.
  601         (b) A second or subsequent suspension of a driver license
  602  under this subsection shall be for 1 year.
  603         Section 16. For the purpose of incorporating the amendment
  604  made by this act to section 812.014, Florida Statutes, in a
  605  reference thereto, paragraph (b) of subsection (1) of section
  606  985.11, Florida Statutes, is reenacted to read:
  607         985.11 Fingerprinting and photographing.—
  608         (1)
  609         (b) Unless the child is issued a civil citation or is
  610  participating in a similar diversion program pursuant to s.
  611  985.12, a child who is charged with or found to have committed
  612  one of the following offenses shall be fingerprinted, and the
  613  fingerprints shall be submitted to the Department of Law
  614  Enforcement as provided in s. 943.051(3)(b):
  615         1. Assault, as defined in s. 784.011.
  616         2. Battery, as defined in s. 784.03.
  617         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  618         4. Unlawful use of destructive devices or bombs, as defined
  619  in s. 790.1615(1).
  620         5. Neglect of a child, as defined in s. 827.03(1)(e).
  621         6. Assault on a law enforcement officer, a firefighter, or
  622  other specified officers, as defined in s. 784.07(2)(a).
  623         7. Open carrying of a weapon, as defined in s. 790.053.
  624         8. Exposure of sexual organs, as defined in s. 800.03.
  625         9. Unlawful possession of a firearm, as defined in s.
  626  790.22(5).
  627         10. Petit theft, as defined in s. 812.014.
  628         11. Cruelty to animals, as defined in s. 828.12(1).
  629         12. Arson, resulting in bodily harm to a firefighter, as
  630  defined in s. 806.031(1).
  631         13. Unlawful possession or discharge of a weapon or firearm
  632  at a school-sponsored event or on school property as defined in
  633  s. 790.115.
  634  
  635  A law enforcement agency may fingerprint and photograph a child
  636  taken into custody upon probable cause that such child has
  637  committed any other violation of law, as the agency deems
  638  appropriate. Such fingerprint records and photographs shall be
  639  retained by the law enforcement agency in a separate file, and
  640  these records and all copies thereof must be marked “Juvenile
  641  Confidential.” These records are not available for public
  642  disclosure and inspection under s. 119.07(1) except as provided
  643  in ss. 943.053 and 985.04(2), but shall be available to other
  644  law enforcement agencies, criminal justice agencies, state
  645  attorneys, the courts, the child, the parents or legal
  646  custodians of the child, their attorneys, and any other person
  647  authorized by the court to have access to such records. In
  648  addition, such records may be submitted to the Department of Law
  649  Enforcement for inclusion in the state criminal history records
  650  and used by criminal justice agencies for criminal justice
  651  purposes. These records may, in the discretion of the court, be
  652  open to inspection by anyone upon a showing of cause. The
  653  fingerprint and photograph records shall be produced in the
  654  court whenever directed by the court. Any photograph taken
  655  pursuant to this section may be shown by a law enforcement
  656  officer to any victim or witness of a crime for the purpose of
  657  identifying the person who committed such crime.
  658         Section 17. For the purpose of incorporating the amendment
  659  made by this act to section 812.014, Florida Statutes, in a
  660  reference thereto, paragraph (a) of subsection (1) of section
  661  985.557, Florida Statutes, is reenacted to read:
  662         985.557 Direct filing of an information; discretionary and
  663  mandatory criteria.—
  664         (1) DISCRETIONARY DIRECT FILE.—
  665         (a) With respect to any child who was 14 or 15 years of age
  666  at the time the alleged offense was committed, the state
  667  attorney may file an information when in the state attorney’s
  668  judgment and discretion the public interest requires that adult
  669  sanctions be considered or imposed and when the offense charged
  670  is for the commission of, attempt to commit, or conspiracy to
  671  commit:
  672         1. Arson;
  673         2. Sexual battery;
  674         3. Robbery;
  675         4. Kidnapping;
  676         5. Aggravated child abuse;
  677         6. Aggravated assault;
  678         7. Aggravated stalking;
  679         8. Murder;
  680         9. Manslaughter;
  681         10. Unlawful throwing, placing, or discharging of a
  682  destructive device or bomb;
  683         11. Armed burglary in violation of s. 810.02(2)(b) or
  684  specified burglary of a dwelling or structure in violation of s.
  685  810.02(2)(c), or burglary with an assault or battery in
  686  violation of s. 810.02(2)(a);
  687         12. Aggravated battery;
  688         13. Any lewd or lascivious offense committed upon or in the
  689  presence of a person less than 16 years of age;
  690         14. Carrying, displaying, using, threatening, or attempting
  691  to use a weapon or firearm during the commission of a felony;
  692         15. Grand theft in violation of s. 812.014(2)(a);
  693         16. Possessing or discharging any weapon or firearm on
  694  school property in violation of s. 790.115;
  695         17. Home invasion robbery;
  696         18. Carjacking; or
  697         19. Grand theft of a motor vehicle in violation of s.
  698  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  699  $20,000 or more in violation of s. 812.014(2)(b) if the child
  700  has a previous adjudication for grand theft of a motor vehicle
  701  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  702         Section 18. This act shall take effect July 1, 2017.

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