Bill Text: FL S7072 | 2019 | Regular Session | Introduced


Bill Title: Justice System

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-05-03 - Died on Calendar [S7072 Detail]

Download: Florida-2019-S7072-Introduced.html
       Florida Senate - 2019                                    SB 7072
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-03017-19                                          20197072__
    1                        A bill to be entitled                      
    2         An act relating to the justice system; creating s.
    3         25.025, F.S.; authorizing certain Supreme Court
    4         justices to have an appropriate facility in their
    5         district of residence designated as their official
    6         headquarters; providing that an official headquarters
    7         may serve only as a justice’s private chambers;
    8         providing that such justices are eligible for a
    9         certain subsistence allowance and reimbursement for
   10         certain transportation expenses; requiring that such
   11         allowance and reimbursement be made to the extent
   12         appropriated funds are available, as determined by the
   13         Chief Justice; requiring the Chief Justice to
   14         coordinate with certain persons in designating
   15         official headquarters; providing that a county is not
   16         required to provide space for a justice in a county
   17         courthouse; authorizing counties to enter into
   18         agreements with the Supreme Court for the use of
   19         county courthouse space; prohibiting the Supreme Court
   20         from using state funds to lease space in specified
   21         facilities to allow a justice to establish an official
   22         headquarters; amending s. 26.031, F.S.; increasing the
   23         number of circuit judges in certain judicial circuits;
   24         creating s. 43.51, F.S.; requiring the Office of the
   25         State Courts Administrator to provide an annual report
   26         containing certain information to the Legislature;
   27         defining the term “problem-solving court”; amending s.
   28         394.47891, F.S.; requiring the chief judge of each
   29         judicial circuit to establish a Military Veterans and
   30         Servicemembers Court Program; amending s. 812.014,
   31         F.S.; increasing the threshold amount for certain
   32         theft offenses; amending s. 812.015, F.S.; revising
   33         the circumstances under which an offense of retail
   34         theft constitutes a felony of the second or third
   35         degree; authorizing the aggregation of retail thefts
   36         that occur in more than one judicial circuit within a
   37         90-day period into one total value and requiring
   38         prosecution of such thefts by the Office of the
   39         Statewide Prosecutor in accordance with s. 16.56,
   40         F.S.; amending s. 812.019, F.S.; prohibiting specified
   41         acts involving merchandise or a stored-value card
   42         obtained from a fraudulent return; amending s.
   43         921.0022, F.S.; revising the ranking of offenses on
   44         the offense severity ranking chart of the Criminal
   45         Punishment Code; reenacting ss. 95.18(10),
   46         373.6055(3)(c), 400.9935(3), 409.910(17)(g),
   47         489.126(4), 550.6305(10), 627.743(2), 634.319(2),
   48         634.421(2), 636.238(3), 642.038(2), 705.102(4),
   49         718.111(1)(d), 812.14(4), (7), and (8), and
   50         985.11(1)(b), F.S., relating to adverse possession
   51         without color of title, criminal history checks for
   52         certain water management district employees and
   53         others, clinic responsibilities, responsibility for
   54         payments on behalf of Medicaid-eligible persons when
   55         other parties are liable, moneys received by
   56         contractors, intertrack wagering, payment of third
   57         party claims, diversion or appropriation of certain
   58         funds received by sales representatives, diversion or
   59         appropriation of certain funds received by sales
   60         representatives, penalties for certain violations,
   61         diversion or appropriation of certain funds received
   62         by sales representatives, reporting lost or abandoned
   63         property, condominium associations, trespass and
   64         larceny with relation to utility fixtures and theft of
   65         utility services, and fingerprinting and photographing
   66         of certain children, respectively, to incorporate the
   67         amendment made to s. 812.014, F.S., in references
   68         thereto; reenacting ss. 538.09(5)(f) and 538.23(2),
   69         F.S., relating to registration with the Department of
   70         Revenue and violations and penalties for secondary
   71         metals recyclers, respectively, to incorporate the
   72         amendment made to s. 812.015, F.S., in references
   73         thereto; reenacting s. 1012.315(1)(bb), F.S., relating
   74         to disqualification from employment, to incorporate
   75         the amendments made to s. 812.019, F.S.; reenacting s.
   76         812.0155(1) and (2), F.S., relating to suspension of
   77         driver licenses, to incorporate the amendments made to
   78         ss. 812.014 and 812.015, F.S., in references thereto;
   79         reenacting s. 893.138(3), F.S., relating to pain
   80         management clinics, to incorporate the amendments made
   81         to s. 812.014, F.S., in references thereto; providing
   82         effective dates.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Effective July 1, 2019, section 25.025, Florida
   87  Statutes, is created to read:
   88         25.025 Headquarters.—
   89         (1)(a) A Supreme Court justice who permanently resides
   90  outside Leon County shall, if he or she so requests, have a
   91  district court of appeal courthouse, a county courthouse, or
   92  another appropriate facility in his or her district of residence
   93  designated as his or her official headquarters pursuant to s.
   94  112.061. This official headquarters may serve only as the
   95  justice’s private chambers.
   96         (b)A justice for whom an official headquarters is
   97  designated in his or her district of residence under this
   98  subsection is eligible for subsistence at a rate to be
   99  established by the Chief Justice for each day or partial day
  100  that the justice is at the Supreme Court Building for the
  101  conduct of the business of the court. In addition to the
  102  subsistence allowance, a justice is eligible for reimbursement
  103  for transportation expenses as provided in s. 112.061(7) for
  104  travel between the justice’s official headquarters and the
  105  Supreme Court Building for the conduct of the business of the
  106  court.
  107         (c) Payment of subsistence and reimbursement for
  108  transportation expenses relating to travel between a justice’s
  109  official headquarters and the Supreme Court Building must be
  110  made to the extent that appropriated funds are available, as
  111  determined by the Chief Justice.
  112         (2) The Chief Justice shall coordinate with each affected
  113  justice and other state and local officials as necessary to
  114  implement paragraph (1)(a).
  115         (3)(a)This section does not require a county to provide
  116  space in a county courthouse for a justice. A county may enter
  117  into an agreement with the Supreme Court governing the use of
  118  space in a county courthouse.
  119         (b) The Supreme Court may not use state funds to lease
  120  space in a district court of appeal courthouse, county
  121  courthouse, or other facility to allow a justice to establish an
  122  official headquarters pursuant to subsection (1).
  123         Section 2. Subsections (9) and (12) of section 26.031,
  124  Florida Statutes, are amended to read:
  125         26.031 Judicial circuits; number of judges.—The number of
  126  circuit judges in each circuit shall be as follows:
  127  
  128  JUDICIAL CIRCUIT                                           TOTAL
  129         (9) Ninth...........................................44 43
  130         (12) Twelfth........................................22 21
  131         Section 3. Section 43.51, Florida Statutes, is created to
  132  read:
  133         43.51Problem-solving court reports.—
  134         (1) The Office of the State Courts Administrator shall
  135  provide an annual report to the President of the Senate and the
  136  Speaker of the House of Representatives which details the number
  137  of participants in each problem-solving court for each fiscal
  138  year the court has been operating and the types of services
  139  provided, identifies each source of funding for each court
  140  during each fiscal year, and provides information on the
  141  performance of each court based upon outcome measures
  142  established by the courts.
  143         (2) For purposes of this section, the term “problem-solving
  144  court” includes, but is not limited to, a drug court pursuant to
  145  s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a
  146  military veterans’ and servicemembers’ court pursuant to s.
  147  394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
  148  court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
  149  948.08, or s. 948.16; or a delinquency pretrial intervention
  150  court program pursuant to s. 985.345.
  151         Section 4. Section 394.47891, Florida Statutes, is amended
  152  to read:
  153         394.47891 Military veterans and servicemembers court
  154  programs.—The chief judge of each judicial circuit shall may
  155  establish a Military Veterans and Servicemembers Court Program
  156  under which veterans, as defined in s. 1.01, including veterans
  157  who were discharged or released under a general discharge, and
  158  servicemembers, as defined in s. 250.01, who are charged or
  159  convicted of a criminal offense and who suffer from a military
  160  related mental illness, traumatic brain injury, substance abuse
  161  disorder, or psychological problem can be sentenced in
  162  accordance with chapter 921 in a manner that appropriately
  163  addresses the severity of the mental illness, traumatic brain
  164  injury, substance abuse disorder, or psychological problem
  165  through services tailored to the individual needs of the
  166  participant. Entry into any Military Veterans and Servicemembers
  167  Court Program must be based upon the sentencing court’s
  168  assessment of the defendant’s criminal history, military
  169  service, substance abuse treatment needs, mental health
  170  treatment needs, amenability to the services of the program, the
  171  recommendation of the state attorney and the victim, if any, and
  172  the defendant’s agreement to enter the program.
  173         Section 5. Paragraphs (c), (d), and (e) of subsection (2)
  174  of section 812.014, Florida Statutes, are amended to read:
  175         812.014 Theft.—
  176         (2)
  177         (c) It is grand theft of the third degree and a felony of
  178  the third degree, punishable as provided in s. 775.082, s.
  179  775.083, or s. 775.084, if the property stolen is:
  180         1. Valued at $750 $300 or more, but less than $5,000.
  181         2. Valued at $5,000 or more, but less than $10,000.
  182         3. Valued at $10,000 or more, but less than $20,000.
  183         4. A will, codicil, or other testamentary instrument.
  184         5. A firearm.
  185         6. A motor vehicle, except as provided in paragraph (a).
  186         7. Any commercially farmed animal, including any animal of
  187  the equine, avian, bovine, or swine class or other grazing
  188  animal; a bee colony of a registered beekeeper; and aquaculture
  189  species raised at a certified aquaculture facility. If the
  190  property stolen is a commercially farmed animal, including an
  191  animal of the equine, avian, bovine, or swine class or other
  192  grazing animal; a bee colony of a registered beekeeper; or an
  193  aquaculture species raised at a certified aquaculture facility,
  194  a $10,000 fine shall be imposed.
  195         8. Any fire extinguisher.
  196         9. Any amount of citrus fruit consisting of 2,000 or more
  197  individual pieces of fruit.
  198         10. Taken from a designated construction site identified by
  199  the posting of a sign as provided for in s. 810.09(2)(d).
  200         11. Any stop sign.
  201         12. Anhydrous ammonia.
  202         13. Any amount of a controlled substance as defined in s.
  203  893.02. Notwithstanding any other law, separate judgments and
  204  sentences for theft of a controlled substance under this
  205  subparagraph and for any applicable possession of controlled
  206  substance offense under s. 893.13 or trafficking in controlled
  207  substance offense under s. 893.135 may be imposed when all such
  208  offenses involve the same amount or amounts of a controlled
  209  substance.
  210  
  211  However, if the property is stolen within a county that is
  212  subject to a state of emergency declared by the Governor under
  213  chapter 252, the property is stolen after the declaration of
  214  emergency is made, and the perpetration of the theft is
  215  facilitated by conditions arising from the emergency, the
  216  offender commits a felony of the second degree, punishable as
  217  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  218  property is valued at $5,000 or more, but less than $10,000, as
  219  provided under subparagraph 2., or if the property is valued at
  220  $10,000 or more, but less than $20,000, as provided under
  221  subparagraph 3. As used in this paragraph, the term “conditions
  222  arising from the emergency” means civil unrest, power outages,
  223  curfews, voluntary or mandatory evacuations, or a reduction in
  224  the presence of or the response time for first responders or
  225  homeland security personnel. For purposes of sentencing under
  226  chapter 921, a felony offense that is reclassified under this
  227  paragraph is ranked one level above the ranking under s.
  228  921.0022 or s. 921.0023 of the offense committed.
  229         (d) It is grand theft of the third degree and a felony of
  230  the third degree, punishable as provided in s. 775.082, s.
  231  775.083, or s. 775.084, if the property stolen is valued at $100
  232  or more, but less than $750 $300, and is taken from a dwelling
  233  as defined in s. 810.011(2) or from the unenclosed curtilage of
  234  a dwelling pursuant to s. 810.09(1).
  235         (e) Except as provided in paragraph (d), if the property
  236  stolen is valued at $100 or more, but less than $750 $300, the
  237  offender commits petit theft of the first degree, punishable as
  238  a misdemeanor of the first degree, as provided in s. 775.082 or
  239  s. 775.083.
  240         Section 6. Subsections (8) and (9) of section 812.015,
  241  Florida Statutes, are amended, and subsection (10) is added to
  242  that section, to read:
  243         812.015 Retail and farm theft; transit fare evasion;
  244  mandatory fine; alternative punishment; detention and arrest;
  245  exemption from liability for false arrest; resisting arrest;
  246  penalties.—
  247         (8) Except as provided in subsection (9), a person who
  248  commits retail theft commits a felony of the third degree,
  249  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  250  if the property stolen is valued at $750 $300 or more, and the
  251  person:
  252         (a) Individually commits retail theft, or in concert with
  253  one or more other persons, coordinates the activities of one or
  254  more individuals in committing the offense, which may occur
  255  through multiple acts of retail theft, in which case the amount
  256  of each individual theft is aggregated within a 90-day period to
  257  determine the value of the property stolen;
  258         (b) Conspires with another person to commit retail theft
  259  with the intent to sell the stolen property for monetary or
  260  other gain, and subsequently takes or causes such property to be
  261  placed in the control of another person in exchange for
  262  consideration, in which the stolen property taken or placed
  263  within a 90-day period is aggregated to determine the value of
  264  the stolen property;
  265         (c)(b)Individually, or in concert with one or more other
  266  persons, commits theft from more than one location within a 90
  267  day 48-hour period, in which case the amount of each individual
  268  theft is aggregated to determine the value of the property
  269  stolen;
  270         (d)(c) Acts in concert with one or more other individuals
  271  within one or more establishments to distract the merchant,
  272  merchant’s employee, or law enforcement officer in order to
  273  carry out the offense, or acts in other ways to coordinate
  274  efforts to carry out the offense; or
  275         (e)(d) Commits the offense through the purchase of
  276  merchandise in a package or box that contains merchandise other
  277  than, or in addition to, the merchandise purported to be
  278  contained in the package or box.
  279         (9) A person commits a felony of the second degree,
  280  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  281  if the person:
  282         (a) Violates subsection (8) and has previously been
  283  convicted of a violation of subsection (8); or
  284         (b) Individually, or in concert with one or more other
  285  persons, coordinates the activities of one or more persons in
  286  committing the offense of retail theft, in which the amount of
  287  each individual theft within a 90-day period is aggregated to
  288  determine the value of the stolen property and such where the
  289  stolen property has a value is in excess of $3,000; or
  290         (c) Conspires with another person to commit retail theft
  291  with the intent to sell the stolen property for monetary or
  292  other gain, and subsequently takes or causes such property to be
  293  placed in control of another person in exchange for
  294  consideration, in which the stolen property taken or placed
  295  within a 90-day period is aggregated to have a value in excess
  296  of $3,000.
  297         (10)If a person commits retail theft in more than one
  298  judicial circuit within a 90-day period, the value of the stolen
  299  property resulting from the thefts in each judicial circuit may
  300  be aggregated and must be prosecuted by the Office of the
  301  Statewide Prosecutor in accordance with s. 16.56.
  302         Section 7. Subsection (3) is added to section 812.019,
  303  Florida Statutes, to read:
  304         812.019 Dealing in stolen property.—
  305         (3) Any person who receives, possesses, or purchases any
  306  merchandise or stored-value card obtained from a fraudulent
  307  return with the knowledge that the merchandise or stored-value
  308  card was obtained in violation of s. 812.015 commits a felony of
  309  the third degree, punishable as provided in s. 775.082, s.
  310  775.083, or s. 775.084.
  311         Section 8. Paragraphs (b), (c), (e), and (f) of subsection
  312  (3) of section 921.0022, Florida Statutes, are amended to read:
  313         921.0022 Criminal Punishment Code; offense severity ranking
  314  chart.—
  315         (3) OFFENSE SEVERITY RANKING CHART
  316         (b) LEVEL 2
  317  
  318  FloridaStatute             FelonyDegree        Description        
  319  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  320  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  321  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.
  322  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  323  590.28(1)                      3rd     Intentional burning of lands.
  324  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  325  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  326  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  327  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  328  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  329  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 $300 or more but less than $5,000.
  330  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750 $300, taken from unenclosed curtilage of dwelling.
  331  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  332  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  333  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  334  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  335  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  336  817.60(5)                      3rd     Dealing in credit cards of another.
  337  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  338  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  339  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  340  831.01                         3rd     Forgery.                   
  341  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  342  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  343  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  344  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  345  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  346  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  347  843.08                         3rd     False personation.         
  348  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.
  349  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  350         (c) LEVEL 3
  351  
  352  FloridaStatute           FelonyDegree         Description          
  353  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
  354  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
  355  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
  356  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  357  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
  358  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
  359  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
  360  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  361  327.35(2)(b)                 3rd     Felony BUI.                   
  362  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  363  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  364  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  365  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  366  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
  367  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  368  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
  369  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
  370  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
  371  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
  372  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
  373  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
  374  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
  375  697.08                       3rd     Equity skimming.              
  376  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  377  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  378  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  379  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  380  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  381  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  382  812.015(8)(b)                3rd     Retail theft with intent to sell; coordination with others.
  383  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  384  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  385  817.233                      3rd     Burning to defraud insurer.   
  386  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  387  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  388  817.236                      3rd     Filing a false motor vehicle insurance application.
  389  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  390  817.413(2)                   3rd     Sale of used goods as new.    
  391  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  392  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  393  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  394  843.19                       3rd     Injure, disable, or kill police dog or horse.
  395  860.15(3)                    3rd     Overcharging for repairs and parts.
  396  870.01(2)                    3rd     Riot; inciting or encouraging.
  397  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  398  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  399  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  400  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  401  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  402  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  403  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  404  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  405  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  406  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  407  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  408  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  409  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  410  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  411  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  412  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  413  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  414         (e) LEVEL 5
  415  
  416  FloridaStatute             FelonyDegree        Description        
  417  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  418  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
  419  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
  420  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  421  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
  422  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.
  423  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  424  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
  425  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
  426  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
  427  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  428  440.381(2)                     2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  429  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  430  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
  431  790.01(2)                      3rd     Carrying a concealed firearm.
  432  790.162                        2nd     Threat to throw or discharge destructive device.
  433  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  434  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
  435  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  436  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
  437  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  438  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  439  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  440  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  441  812.015(8)(a), (c),(d), & (e)    3rd     Retail theft; property stolen is valued at $750 $300 or more and one or more specified acts.
  442  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  443  812.019(3)                     3rd     Specified acts involving merchandise or a stored-value card obtained from a fraudulent return.
  444  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  445  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  446  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  447  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  448  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.
  449  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.
  450  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  451  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  452  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  453  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  454  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  455  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  456  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.
  457  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
  458  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  459  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  460  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  461  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  462  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  463  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).
  464  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.
  465  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.
  466  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.
  467  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.
  468  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  469  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  470         (f) LEVEL 6
  471  
  472  FloridaStatute              FelonyDegree        Description        
  473  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  474  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  475  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  476  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  477  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  478  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  479  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  480  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  481  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  482  784.041                          3rd     Felony battery; domestic battery by strangulation.
  483  784.048(3)                       3rd     Aggravated stalking; credible threat.
  484  784.048(5)                       3rd     Aggravated stalking of person under 16.
  485  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  486  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  487  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  488  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  489  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  490  784.083(2)                       2nd     Aggravated assault on code inspector.
  491  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  492  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  493  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  494  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.
  495  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  496  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  497  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  498  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.
  499  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  500  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  501  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  502  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  503  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  504  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  505  812.015(9)(a)                    2nd     Retail theft; property stolen $750 $300 or more; second or subsequent conviction.
  506  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  507  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  508  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  509  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  510  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  511  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  512  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  513  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  514  827.03(2)(c)                     3rd     Abuse of a child.         
  515  827.03(2)(d)                     3rd     Neglect of a child.       
  516  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  517  836.05                           2nd     Threats; extortion.       
  518  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  519  843.12                           3rd     Aids or assists person to escape.
  520  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  521  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  522  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  523  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  524  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.
  525  944.40                           2nd     Escapes.                  
  526  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  527  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  528  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  529  
  530         Section 9. For the purpose of incorporating the amendment
  531  made by this act to section 812.014, Florida Statutes, in a
  532  reference thereto, subsection (10) of section 95.18, Florida
  533  Statutes, is reenacted to read:
  534         95.18 Real property actions; adverse possession without
  535  color of title.—
  536         (10) A person who occupies or attempts to occupy a
  537  residential structure solely by claim of adverse possession
  538  under this section and offers the property for lease to another
  539  commits theft under s. 812.014.
  540         Section 10. For the purpose of incorporating the amendment
  541  made by this act to section 812.014, Florida Statutes, in a
  542  reference thereto, paragraph (c) of subsection (3) of section
  543  373.6055, Florida Statutes, is reenacted to read:
  544         373.6055 Criminal history checks for certain water
  545  management district employees and others.—
  546         (3)
  547         (c) In addition to other requirements for employment or
  548  access established by any water management district pursuant to
  549  its water management district’s security plan for buildings,
  550  facilities, and structures, each water management district’s
  551  security plan shall provide that:
  552         1. Any person who has within the past 7 years been
  553  convicted, regardless of whether adjudication was withheld, for
  554  a forcible felony as defined in s. 776.08; an act of terrorism
  555  as defined in s. 775.30; planting of a hoax bomb as provided in
  556  s. 790.165; any violation involving the manufacture, possession,
  557  sale, delivery, display, use, or attempted or threatened use of
  558  a weapon of mass destruction or hoax weapon of mass destruction
  559  as provided in s. 790.166; dealing in stolen property; any
  560  violation of s. 893.135; any violation involving the sale,
  561  manufacturing, delivery, or possession with intent to sell,
  562  manufacture, or deliver a controlled substance; burglary;
  563  robbery; any felony violation of s. 812.014; any violation of s.
  564  790.07; any crime an element of which includes use or possession
  565  of a firearm; any conviction for any similar offenses under the
  566  laws of another jurisdiction; or conviction for conspiracy to
  567  commit any of the listed offenses may not be qualified for
  568  initial employment within or authorized regular access to
  569  buildings, facilities, or structures defined in the water
  570  management district’s security plan as restricted access areas.
  571         2. Any person who has at any time been convicted of any of
  572  the offenses listed in subparagraph 1. may not be qualified for
  573  initial employment within or authorized regular access to
  574  buildings, facilities, or structures defined in the water
  575  management district’s security plan as restricted access areas
  576  unless, after release from incarceration and any supervision
  577  imposed as a sentence, the person remained free from a
  578  subsequent conviction, regardless of whether adjudication was
  579  withheld, for any of the listed offenses for a period of at
  580  least 7 years prior to the employment or access date under
  581  consideration.
  582         Section 11. For the purpose of incorporating the amendment
  583  made by this act to section 812.014, Florida Statutes, in a
  584  reference thereto, subsection (3) of section 400.9935, Florida
  585  Statutes, is reenacted to read:
  586         400.9935 Clinic responsibilities.—
  587         (3) A charge or reimbursement claim made by or on behalf of
  588  a clinic that is required to be licensed under this part but
  589  that is not so licensed, or that is otherwise operating in
  590  violation of this part, regardless of whether a service is
  591  rendered or whether the charge or reimbursement claim is paid,
  592  is an unlawful charge and is noncompensable and unenforceable. A
  593  person who knowingly makes or causes to be made an unlawful
  594  charge commits theft within the meaning of and punishable as
  595  provided in s. 812.014.
  596         Section 12. For the purpose of incorporating the amendment
  597  made by this act to section 812.014, Florida Statutes, in a
  598  reference thereto, paragraph (g) of subsection (17) of section
  599  409.910, Florida Statutes, is reenacted to read:
  600         409.910 Responsibility for payments on behalf of Medicaid
  601  eligible persons when other parties are liable.—
  602         (17)
  603         (g) The agency may investigate and request appropriate
  604  officers or agencies of the state to investigate suspected
  605  criminal violations or fraudulent activity related to third
  606  party benefits, including, without limitation, ss. 414.39 and
  607  812.014. Such requests may be directed, without limitation, to
  608  the Medicaid Fraud Control Unit of the Office of the Attorney
  609  General or to any state attorney. Pursuant to s. 409.913, the
  610  Attorney General has primary responsibility to investigate and
  611  control Medicaid fraud.
  612         Section 13. For the purpose of incorporating the amendment
  613  made by this act to section 812.014, Florida Statutes, in a
  614  reference thereto, subsection (4) of section 489.126, Florida
  615  Statutes, is reenacted to read:
  616         489.126 Moneys received by contractors.—
  617         (4) Any person who violates any provision of this section
  618  is guilty of theft and shall be prosecuted and punished under s.
  619  812.014.
  620         Section 14. For the purpose of incorporating the amendment
  621  made by this act to section 812.014, Florida Statutes, in a
  622  reference thereto, subsection (10) of section 550.6305, Florida
  623  Statutes, is reenacted to read:
  624         550.6305 Intertrack wagering; guest track payments;
  625  accounting rules.—
  626         (10) All races or games conducted at a permitholder’s
  627  facility, all broadcasts of such races or games, and all
  628  broadcast rights relating thereto are owned by the permitholder
  629  at whose facility such races or games are conducted and
  630  constitute the permitholder’s property as defined in s.
  631  812.012(4). Transmission, reception of a transmission,
  632  exhibition, use, or other appropriation of such races or games,
  633  broadcasts of such races or games, or broadcast rights relating
  634  thereto without the written consent of the permitholder
  635  constitutes a theft of such property under s. 812.014; and in
  636  addition to the penal sanctions contained in s. 812.014, the
  637  permitholder has the right to avail itself of the civil remedies
  638  specified in ss. 772.104, 772.11, and 812.035 in addition to any
  639  other remedies available under applicable state or federal law.
  640         Section 15. For the purpose of incorporating the amendment
  641  made by this act to section 812.014, Florida Statutes, in a
  642  reference thereto, subsection (2) of section 627.743, Florida
  643  Statutes, is reenacted to read:
  644         627.743 Payment of third-party claims.—
  645         (2) When making any payment on a third party claim for
  646  damage to an automobile for a partial loss, the insurer shall
  647  have printed on the loss estimate, if prepared by the insurer,
  648  the following: “Failure to use the insurance proceeds in
  649  accordance with the security agreement, if any, could be a
  650  violation of s. 812.014, Florida Statutes. If you have any
  651  questions, contact your lending institution.” However, this
  652  subsection does not apply if the insurer does not prepare the
  653  loss estimate.
  654         Section 16. For the purpose of incorporating the amendment
  655  made by this act to section 812.014, Florida Statutes, in a
  656  reference thereto, subsection (2) of section 634.319, Florida
  657  Statutes, is reenacted to read:
  658         634.319 Reporting and accounting for funds.—
  659         (2) Any sales representative who, not being entitled
  660  thereto, diverts or appropriates such funds or any portion
  661  thereof to her or his own use is, upon conviction, guilty of
  662  theft, punishable as provided in s. 812.014.
  663         Section 17. For the purpose of incorporating the amendment
  664  made by this act to section 812.014, Florida Statutes, in a
  665  reference thereto, subsection (2) of section 634.421, Florida
  666  Statutes, is reenacted to read:
  667         634.421 Reporting and accounting for funds.—
  668         (2) Any sales representative who, not being entitled
  669  thereto, diverts or appropriates funds or any portion thereof to
  670  her or his own use commits theft as provided in s. 812.014.
  671         Section 18. For the purpose of incorporating the amendment
  672  made by this act to section 812.014, Florida Statutes, in a
  673  reference thereto, subsection (3) of section 636.238, Florida
  674  Statutes, is reenacted to read:
  675         636.238 Penalties for violation of this part.—
  676         (3) A person who collects fees for purported membership in
  677  a discount plan but purposefully fails to provide the promised
  678  benefits commits a theft, punishable as provided in s. 812.014.
  679         Section 19. For the purpose of incorporating the amendment
  680  made by this act to section 812.014, Florida Statutes, in a
  681  reference thereto, subsection (2) of section 642.038, Florida
  682  Statutes, is reenacted to read:
  683         642.038 Reporting and accounting for funds.—
  684         (2) Any sales representative who, not being entitled
  685  thereto, diverts or appropriates such funds or any portion
  686  thereof to his or her own use commits theft as provided in s.
  687  812.014.
  688         Section 20. For the purpose of incorporating the amendment
  689  made by this act to section 812.014, Florida Statutes, in a
  690  reference thereto, subsection (4) of section 705.102, Florida
  691  Statutes, is reenacted to read:
  692         705.102 Reporting lost or abandoned property.—
  693         (4) Any person who unlawfully appropriates such lost or
  694  abandoned property to his or her own use or refuses to deliver
  695  such property when required commits theft as defined in s.
  696  812.014, punishable as provided in s. 775.082, s. 775.083, or s.
  697  775.084.
  698         Section 21. For the purpose of incorporating the amendment
  699  made by this act to section 812.014, Florida Statutes, in a
  700  reference thereto, paragraph (d) of subsection (1) of section
  701  718.111, Florida Statutes, is reenacted to read:
  702         718.111 The association.—
  703         (1) CORPORATE ENTITY.—
  704         (d) As required by s. 617.0830, an officer, director, or
  705  agent shall discharge his or her duties in good faith, with the
  706  care an ordinarily prudent person in a like position would
  707  exercise under similar circumstances, and in a manner he or she
  708  reasonably believes to be in the interests of the association.
  709  An officer, director, or agent shall be liable for monetary
  710  damages as provided in s. 617.0834 if such officer, director, or
  711  agent breached or failed to perform his or her duties and the
  712  breach of, or failure to perform, his or her duties constitutes
  713  a violation of criminal law as provided in s. 617.0834;
  714  constitutes a transaction from which the officer or director
  715  derived an improper personal benefit, either directly or
  716  indirectly; or constitutes recklessness or an act or omission
  717  that was in bad faith, with malicious purpose, or in a manner
  718  exhibiting wanton and willful disregard of human rights, safety,
  719  or property. Forgery of a ballot envelope or voting certificate
  720  used in a condominium association election is punishable as
  721  provided in s. 831.01, the theft or embezzlement of funds of a
  722  condominium association is punishable as provided in s. 812.014,
  723  and the destruction of or the refusal to allow inspection or
  724  copying of an official record of a condominium association that
  725  is accessible to unit owners within the time periods required by
  726  general law in furtherance of any crime is punishable as
  727  tampering with physical evidence as provided in s. 918.13 or as
  728  obstruction of justice as provided in chapter 843. An officer or
  729  director charged by information or indictment with a crime
  730  referenced in this paragraph must be removed from office, and
  731  the vacancy shall be filled as provided in s. 718.112(2)(d)2.
  732  until the end of the officer’s or director’s period of
  733  suspension or the end of his or her term of office, whichever
  734  occurs first. If a criminal charge is pending against the
  735  officer or director, he or she may not be appointed or elected
  736  to a position as an officer or a director of any association and
  737  may not have access to the official records of any association,
  738  except pursuant to a court order. However, if the charges are
  739  resolved without a finding of guilt, the officer or director
  740  must be reinstated for the remainder of his or her term of
  741  office, if any.
  742         Section 22. For the purpose of incorporating the amendment
  743  made by this act to section 812.014, Florida Statutes, in
  744  references thereto, subsections (4), (7), and (8) of section
  745  812.14, Florida Statutes, are reenacted to read:
  746         812.14 Trespass and larceny with relation to utility
  747  fixtures; theft of utility services.—
  748         (4) A person who willfully violates subsection (2) commits
  749  theft, punishable as provided in s. 812.014.
  750         (7) An owner, lessor, or sublessor who willfully violates
  751  subsection (5) commits a misdemeanor of the first degree,
  752  punishable as provided in s. 775.082 or s. 775.083. Prosecution
  753  for a violation of subsection (5) does not preclude prosecution
  754  for theft pursuant to subsection (8) or s. 812.014.
  755         (8) Theft of utility services for the purpose of
  756  facilitating the manufacture of a controlled substance is theft,
  757  punishable as provided in s. 812.014.
  758         Section 23. For the purpose of incorporating the amendment
  759  made by this act to section 812.014, Florida Statutes, in a
  760  reference thereto, paragraph (b) of subsection (1) of section
  761  985.11, Florida Statutes, is reenacted to read:
  762         985.11 Fingerprinting and photographing.—
  763         (1)
  764         (b) Unless the child is issued a civil citation or is
  765  participating in a similar diversion program pursuant to s.
  766  985.12, a child who is charged with or found to have committed
  767  one of the following offenses shall be fingerprinted, and the
  768  fingerprints shall be submitted to the Department of Law
  769  Enforcement as provided in s. 943.051(3)(b):
  770         1. Assault, as defined in s. 784.011.
  771         2. Battery, as defined in s. 784.03.
  772         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  773         4. Unlawful use of destructive devices or bombs, as defined
  774  in s. 790.1615(1).
  775         5. Neglect of a child, as defined in s. 827.03(1)(e).
  776         6. Assault on a law enforcement officer, a firefighter, or
  777  other specified officers, as defined in s. 784.07(2)(a).
  778         7. Open carrying of a weapon, as defined in s. 790.053.
  779         8. Exposure of sexual organs, as defined in s. 800.03.
  780         9. Unlawful possession of a firearm, as defined in s.
  781  790.22(5).
  782         10. Petit theft, as defined in s. 812.014.
  783         11. Cruelty to animals, as defined in s. 828.12(1).
  784         12. Arson, resulting in bodily harm to a firefighter, as
  785  defined in s. 806.031(1).
  786         13. Unlawful possession or discharge of a weapon or firearm
  787  at a school-sponsored event or on school property as defined in
  788  s. 790.115.
  789  
  790  A law enforcement agency may fingerprint and photograph a child
  791  taken into custody upon probable cause that such child has
  792  committed any other violation of law, as the agency deems
  793  appropriate. Such fingerprint records and photographs shall be
  794  retained by the law enforcement agency in a separate file, and
  795  these records and all copies thereof must be marked “Juvenile
  796  Confidential.” These records are not available for public
  797  disclosure and inspection under s. 119.07(1) except as provided
  798  in ss. 943.053 and 985.04(2), but shall be available to other
  799  law enforcement agencies, criminal justice agencies, state
  800  attorneys, the courts, the child, the parents or legal
  801  custodians of the child, their attorneys, and any other person
  802  authorized by the court to have access to such records. In
  803  addition, such records may be submitted to the Department of Law
  804  Enforcement for inclusion in the state criminal history records
  805  and used by criminal justice agencies for criminal justice
  806  purposes. These records may, in the discretion of the court, be
  807  open to inspection by anyone upon a showing of cause. The
  808  fingerprint and photograph records shall be produced in the
  809  court whenever directed by the court. Any photograph taken
  810  pursuant to this section may be shown by a law enforcement
  811  officer to any victim or witness of a crime for the purpose of
  812  identifying the person who committed such crime.
  813         Section 24. For the purpose of incorporating the amendment
  814  made by this act to section 812.015, Florida Statutes, in a
  815  reference thereto, paragraph (f) of subsection (5) of section
  816  538.09, Florida Statutes, is reenacted to read:
  817         538.09 Registration.—
  818         (5) In addition to the fine provided in subsection (4),
  819  registration under this section may be denied or any
  820  registration granted may be revoked, restricted, or suspended by
  821  the department if the department determines that the applicant
  822  or registrant:
  823         (f) Has, within the preceding 10-year period for new
  824  registrants who apply for registration on or after October 1,
  825  2006, been convicted of, or has entered a plea of guilty or nolo
  826  contendere to, or had adjudication withheld for, a crime against
  827  the laws of this state or any other state or of the United
  828  States which relates to registration as a secondhand dealer or
  829  which involves theft, larceny, dealing in stolen property,
  830  receiving stolen property, burglary, embezzlement, obtaining
  831  property by false pretenses, possession of altered property, any
  832  felony drug offense, any violation of s. 812.015, or any
  833  fraudulent dealing;
  834  
  835  In the event the department determines to deny an application or
  836  revoke a registration, it shall enter a final order with its
  837  findings on the register of secondhand dealers and their
  838  business associates, if any; and denial, suspension, or
  839  revocation of the registration of a secondhand dealer shall also
  840  deny, suspend, or revoke the registration of such secondhand
  841  dealer’s business associates.
  842         Section 25. For the purpose of incorporating the amendment
  843  made by this act to section 812.015, Florida Statutes, in a
  844  reference thereto, subsection (2) of section 538.23, Florida
  845  Statutes, is reenacted to read:
  846         538.23 Violations and penalties.—
  847         (2) A secondary metals recycler is presumed to know upon
  848  receipt of stolen regulated metals property in a purchase
  849  transaction that the regulated metals property has been stolen
  850  from another if the secondary metals recycler knowingly and
  851  intentionally fails to maintain the information required in s.
  852  538.19 and shall, upon conviction of a violation of s. 812.015,
  853  be punished as provided in s. 812.014(2) or (3).
  854         Section 26. For the purpose of incorporating the amendment
  855  made by this act to section 812.019, Florida Statutes, in a
  856  reference thereto, paragraph (bb) of subsection (1) of section
  857  1012.315, Florida Statutes, is reenacted to read:
  858         1012.315 Disqualification from employment.—A person is
  859  ineligible for educator certification or employment in any
  860  position that requires direct contact with students in a
  861  district school system, charter school, or private school that
  862  accepts scholarship students who participate in a state
  863  scholarship program under chapter 1002 if the person has been
  864  convicted of:
  865         (1) Any felony offense prohibited under any of the
  866  following statutes:
  867         (bb) Section 812.019, relating to dealing in stolen
  868  property.
  869         Section 27. For the purpose of incorporating the amendments
  870  made by this act to sections 812.014 and 812.015, Florida
  871  Statutes, in references thereto, subsections (1) and (2) of
  872  section 812.0155, Florida Statutes, are reenacted to read:
  873         812.0155 Suspension of driver license following an
  874  adjudication of guilt for theft.—
  875         (1) Except as provided in subsections (2) and (3), the
  876  court may order the suspension of the driver license of each
  877  person adjudicated guilty of any misdemeanor violation of s.
  878  812.014 or s. 812.015, regardless of the value of the property
  879  stolen. Upon ordering the suspension of the driver license of
  880  the person adjudicated guilty, the court shall forward the
  881  driver license of the person adjudicated guilty to the
  882  Department of Highway Safety and Motor Vehicles in accordance
  883  with s. 322.25.
  884         (a) The first suspension of a driver license under this
  885  subsection shall be for a period of up to 6 months.
  886         (b) A second or subsequent suspension of a driver license
  887  under this subsection shall be for 1 year.
  888         (2) The court may revoke, suspend, or withhold issuance of
  889  a driver license of a person less than 18 years of age who
  890  violates s. 812.014 or s. 812.015 as an alternative to
  891  sentencing the person to:
  892         (a) Probation as defined in s. 985.03 or commitment to the
  893  Department of Juvenile Justice, if the person is adjudicated
  894  delinquent for such violation and has not previously been
  895  convicted of or adjudicated delinquent for any criminal offense,
  896  regardless of whether adjudication was withheld.
  897         (b) Probation as defined in s. 985.03, commitment to the
  898  Department of Juvenile Justice, probation as defined in chapter
  899  948, community control, or incarceration, if the person is
  900  convicted as an adult of such violation and has not previously
  901  been convicted of or adjudicated delinquent for any criminal
  902  offense, regardless of whether adjudication was withheld.
  903         Section 28. For the purpose of incorporating the amendments
  904  made by this act to section 812.014, Florida Statutes, in a
  905  reference thereto, subsection (3) of section 893.138, Florida
  906  Statutes, is reenacted to read:
  907         893.138 Local administrative action to abate drug-related,
  908  prostitution-related, or stolen-property-related public
  909  nuisances and criminal gang activity.—
  910         (3) Any pain-management clinic, as described in s. 458.3265
  911  or s. 459.0137, which has been used on more than two occasions
  912  within a 6-month period as the site of a violation of:
  913         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
  914  relating to assault and battery;
  915         (b) Section 810.02, relating to burglary;
  916         (c) Section 812.014, relating to theft;
  917         (d) Section 812.131, relating to robbery by sudden
  918  snatching; or
  919         (e) Section 893.13, relating to the unlawful distribution
  920  of controlled substances,
  921  
  922  may be declared to be a public nuisance, and such nuisance may
  923  be abated pursuant to the procedures provided in this section.
  924         Section 29. Except as otherwise expressly provided in this
  925  act, this act shall take effect October 1, 2019.

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