Bill Text: FL S7072 | 2019 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Justice System
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167) [S7072 Detail]
Download: Florida-2019-S7072-Prefiled.html
Bill Title: Justice System
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167) [S7072 Detail]
Download: Florida-2019-S7072-Prefiled.html
Florida Senate - 2019 (PROPOSED BILL) SPB 7072
FOR CONSIDERATION By the Committee on Appropriations
576-02456C-19 20197072pb
1 A bill to be entitled
2 An act relating to criminal justice; creating s.
3 43.51, F.S.; requiring the Office of the State Courts
4 Administrator to provide an annual report containing
5 certain information to the Legislature; defining the
6 term “problem-solving court”; amending s. 394.47891,
7 F.S.; requiring the chief judge of each judicial
8 circuit to establish a military veterans and
9 servicemembers court program; amending s. 812.014,
10 F.S.; increasing the threshold amount for certain
11 theft offenses; requiring the adjustment of certain
12 monetary amounts by the Division of Law Revision based
13 on certain required periodic calculations made by the
14 Office of Economic and Demographic Research; amending
15 s. 812.015, F.S.; revising the circumstances under
16 which an offense of retail theft constitutes a felony
17 of the second or third degree; requiring the
18 adjustment of certain monetary amounts by the Division
19 of Law Revision based on certain required periodic
20 calculations made by the Office of Economic and
21 Demographic Research; authorizing the aggregation of
22 theft of retail property that occurred in multiple
23 counties; providing that each county where such theft
24 took place has concurrent jurisdiction; amending s.
25 812.019, F.S.; prohibiting specified acts involving
26 merchandise or a stored-value card obtained from a
27 fraudulent return; amending s. 921.0022, F.S.;
28 revising the ranking of offenses on the offense
29 severity ranking chart of the Criminal Punishment
30 Code; reenacting ss. 95.18(10), 373.6055(3)(c),
31 400.9935(3), 409.910(17)(g), 489.126(4), 550.6305(10),
32 627.743(2), 634.319(2), 634.421(2), 636.238(3),
33 642.038(2), 705.102(4), 718.111(1)(d), 812.14(4), (7),
34 and (8), and 985.11(1)(b), F.S., relating to adverse
35 possession without color of title, criminal history
36 checks for certain water management district employees
37 and others, clinic responsibilities, responsibility
38 for payments on behalf of Medicaid-eligible persons
39 when other parties are liable, moneys received by
40 contractors, intertrack wagering, payment of third
41 party claims, diversion or appropriation of certain
42 funds received by sales representatives, diversion or
43 appropriation of certain funds received by sales
44 representatives, penalties for certain violations,
45 diversion or appropriation of certain funds received
46 by sales representatives, reporting lost or abandoned
47 property, condominium associations, trespass and
48 larceny with relation to utility fixtures and theft of
49 utility services, fingerprinting and photographing of
50 certain children, and discretionary and mandatory
51 criteria for the direct filing of an information,
52 respectively, to incorporate the amendment made to s.
53 812.014, F.S., in references thereto; reenacting ss.
54 538.09(5)(f) and 538.23(2), F.S., relating to
55 registration with the Department of Revenue and
56 violations and penalties for secondary metals
57 recyclers, respectively, to incorporate the amendment
58 made to s. 812.015, F.S, in references thereto;
59 reenacting s. 812.0155(1) and (2), F.S., relating to
60 suspension of driver licenses, to incorporate the
61 amendments made to ss. 812.014 and 812.015, F.S., in
62 references thereto; reenacting s. 893.138(3), F.S.,
63 relating to pain-management clinics, to incorporate
64 the amendments made to ss. 812.014 and 812.019, F.S.,
65 in references thereto; providing an effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Section 43.51, Florida Statutes, is created to
70 read:
71 43.51 Problem-solving court reports.—
72 (1) The Office of the State Courts Administrator shall
73 provide an annual report to the President of the Senate and the
74 Speaker of the House of Representatives which details the number
75 of participants in each problem-solving court for each fiscal
76 year the court has been operating and the types of services
77 provided, identifies each source of funding for each court
78 during each fiscal year, and provides information on the
79 performance of each court based upon outcome measures
80 established by the courts.
81 (2) For purposes of this section, the term “problem-solving
82 court” includes, but is not limited to, a drug court pursuant to
83 s. 948.01, s. 948.06, s. 948.08, s. 948.16, or s. 948.20; a
84 military veterans’ and servicemembers’ court pursuant to s.
85 394.47891, s. 948.08, s. 948.16, or s. 948.21; a mental health
86 court program pursuant to s. 394.47892, s. 948.01, s. 948.06, s.
87 948.08, or s. 948.16; or a delinquency pretrial intervention
88 court program pursuant to s. 985.345.
89 Section 2. Section 394.47891, Florida Statutes, is amended
90 to read:
91 394.47891 Military veterans and servicemembers court
92 programs.—The chief judge of each judicial circuit shall may
93 establish a Military Veterans and Servicemembers Court Program
94 under which veterans, as defined in s. 1.01, including veterans
95 who were discharged or released under a general discharge, and
96 servicemembers, as defined in s. 250.01, who are charged or
97 convicted of a criminal offense and who suffer from a military
98 related mental illness, traumatic brain injury, substance abuse
99 disorder, or psychological problem can be sentenced in
100 accordance with chapter 921 in a manner that appropriately
101 addresses the severity of the mental illness, traumatic brain
102 injury, substance abuse disorder, or psychological problem
103 through services tailored to the individual needs of the
104 participant. Entry into any Military Veterans and Servicemembers
105 Court Program must be based upon the sentencing court’s
106 assessment of the defendant’s criminal history, military
107 service, substance abuse treatment needs, mental health
108 treatment needs, amenability to the services of the program, the
109 recommendation of the state attorney and the victim, if any, and
110 the defendant’s agreement to enter the program.
111 Section 3. Paragraphs (c), (d), and (e) of subsection (2)
112 of section 812.014, Florida Statutes, are amended to read:
113 812.014 Theft.—
114 (2)
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 $700 $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, avian, bovine, or swine class or other grazing
126 animal; a bee colony of a registered beekeeper; and aquaculture
127 species raised at a certified aquaculture facility. If the
128 property stolen is a commercially farmed animal, including an
129 animal of the equine, avian, bovine, or swine class or other
130 grazing animal; a bee colony of a registered beekeeper; or an
131 aquaculture species raised at a certified aquaculture facility,
132 a $10,000 fine shall be imposed.
133 8. Any fire extinguisher.
134 9. Any amount of citrus fruit consisting of 2,000 or more
135 individual pieces of fruit.
136 10. Taken from a designated construction site identified by
137 the posting of a sign as provided for in s. 810.09(2)(d).
138 11. Any stop sign.
139 12. Anhydrous ammonia.
140 13. Any amount of a controlled substance as defined in s.
141 893.02. Notwithstanding any other law, separate judgments and
142 sentences for theft of a controlled substance under this
143 subparagraph and for any applicable possession of controlled
144 substance offense under s. 893.13 or trafficking in controlled
145 substance offense under s. 893.135 may be imposed when all such
146 offenses involve the same amount or amounts of a controlled
147 substance.
148
149 However, if the property is stolen within a county that is
150 subject to a state of emergency declared by the Governor under
151 chapter 252, the property is stolen after the declaration of
152 emergency is made, and the perpetration of the theft is
153 facilitated by conditions arising from the emergency, the
154 offender commits a felony of the second degree, punishable as
155 provided in s. 775.082, s. 775.083, or s. 775.084, if the
156 property is valued at $5,000 or more, but less than $10,000, as
157 provided under subparagraph 2., or if the property is valued at
158 $10,000 or more, but less than $20,000, as provided under
159 subparagraph 3. As used in this paragraph, the term “conditions
160 arising from the emergency” means civil unrest, power outages,
161 curfews, voluntary or mandatory evacuations, or a reduction in
162 the presence of or the response time for first responders or
163 homeland security personnel. For purposes of sentencing under
164 chapter 921, a felony offense that is reclassified under this
165 paragraph is ranked one level above the ranking under s.
166 921.0022 or s. 921.0023 of the offense committed.
167 (d) It is grand theft of the third degree and a felony of
168 the third degree, punishable as provided in s. 775.082, s.
169 775.083, or s. 775.084, if the property stolen is valued at $100
170 or more, but less than $700 $300, and is taken from a dwelling
171 as defined in s. 810.011(2) or from the unenclosed curtilage of
172 a dwelling pursuant to s. 810.09(1).
173 (e)1. Except as provided in paragraph (d), if the property
174 stolen is valued at $100 or more, but less than $700 $300, the
175 offender commits petit theft of the first degree, punishable as
176 a misdemeanor of the first degree, as provided in s. 775.082 or
177 s. 775.083.
178 2. The threshold amounts for offenses specified in this
179 paragraph and subparagraph (c)1. must be adjusted every 2 years
180 in an amount equal to the total of the annual increases for that
181 2-year period in the Consumer Price Index for All Urban
182 Consumers, U.S. City Average, All Items. The Office of Economic
183 and Demographic Research shall calculate the thresholds, rounded
184 to the nearest $50, and publish the amounts, as adjusted, on its
185 website by July 1 of every second year, with the amounts to take
186 effect on October 1 of that year. The office shall certify the
187 revised amounts to the Division of Law Revision, which is
188 directed to conform the statutes to the revised amounts.
189 Section 4. Subsections (8) and (9) of section 812.015,
190 Florida Statutes, are amended, and subsection (10) is added to
191 that section, to read:
192 812.015 Retail and farm theft; transit fare evasion;
193 mandatory fine; alternative punishment; detention and arrest;
194 exemption from liability for false arrest; resisting arrest;
195 penalties.—
196 (8) Except as provided in subsection (9), a person who
197 commits retail theft commits a felony of the third degree,
198 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
199 if the property stolen is valued at $700 $300 or more, and the
200 person:
201 (a) Individually commits retail theft, or in concert with
202 one or more other persons, coordinates the activities of one or
203 more individuals in committing the offense. Multiple acts of
204 retail theft occurring within a 90-day period by an individual
205 or in concert with one or more persons must be, in which case
206 the amount of each individual theft is aggregated to determine
207 the value of the property stolen;
208 (b) Conspires with another person to commit retail theft
209 with the intent to sell the stolen property for monetary or
210 other gain, and subsequently takes or causes such property to be
211 placed in the control of another person in exchange for
212 consideration;
213 (c)(b) Individually, or in concert with one or more other
214 persons, commits theft from more than one location within a 90
215 day 48-hour period, in which case the amount of each individual
216 theft is aggregated to determine the value of the property
217 stolen;
218 (d)(c) Acts in concert with one or more other individuals
219 within one or more establishments to distract the merchant,
220 merchant’s employee, or law enforcement officer in order to
221 carry out the offense, or acts in other ways to coordinate
222 efforts to carry out the offense; or
223 (e)(d) Commits the offense through the purchase of
224 merchandise in a package or box that contains merchandise other
225 than, or in addition to, the merchandise purported to be
226 contained in the package or box.
227
228 The threshold amounts for offenses specified in this subsection
229 must be adjusted every 2 years in an amount equal to the total
230 of the annual increases for that 2-year period in the Consumer
231 Price Index for All Urban Consumers, U.S. City Average, All
232 Items. The Office of Economic and Demographic Research shall
233 calculate the thresholds, rounded to the nearest $50, and
234 publish the amounts, as adjusted, on its website by July 1 of
235 every second year, with the amounts to take effect on October 1
236 of that year. The office shall certify the revised amounts to
237 the Division of Law Revision, which is directed to conform the
238 statutes to the revised amounts.
239 (9) A person commits a felony of the second degree,
240 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
241 if the person:
242 (a) Violates subsection (8) and has previously been
243 convicted of a violation of subsection (8); or
244 (b) Individually, or in concert with one or more other
245 persons, coordinates the activities of one or more persons in
246 committing the offense, in which case the amount of each
247 individual of retail theft is aggregated; and if where the
248 stolen property has a value in excess of $3,000 and the theft
249 occurs within a 90-day period; or
250 (c) Conspires with another person to commit retail theft
251 with the intent to sell the stolen property for monetary or
252 other gain, and subsequently takes or causes such property to be
253 placed in control of another person in exchange for
254 consideration, if such property has a value in excess of $3,000,
255 aggregated over a 90-day period.
256 (10) If a person commits retail theft in more than one
257 county, the amount of the theft may be aggregated and each
258 county where any of the retail theft occurred has concurrent
259 jurisdiction.
260 Section 5. Subsection (3) is added to section 812.019,
261 Florida Statutes, to read:
262 812.019 Dealing in stolen property.—
263 (3) Any person who receives, possesses, or purchases any
264 merchandise or stored-value card obtained from a fraudulent
265 return with the knowledge that the merchandise or stored-value
266 card was obtained in violation of s. 812.015 commits a felony of
267 the third degree, punishable as provided in s. 775.082, s.
268 775.083, or s. 775.084.
269 Section 6. Paragraphs (b), (c), and (e) of subsection (3)
270 of section 921.0022, Florida Statutes, are amended to read:
271 921.0022 Criminal Punishment Code; offense severity ranking
272 chart.—
273 (3) OFFENSE SEVERITY RANKING CHART
274 (b) LEVEL 2
275
276 FloridaStatute FelonyDegree Description
277 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
278 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
279 403.413(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.
280 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
281 590.28(1) 3rd Intentional burning of lands.
282 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
283 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
284 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
285 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
286 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
287 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $700 $300 or more but less than $5,000.
288 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $700 $300, taken from unenclosed curtilage of dwelling.
289 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
290 817.234(1)(a)2. 3rd False statement in support of insurance claim.
291 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
292 817.52(3) 3rd Failure to redeliver hired vehicle.
293 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
294 817.60(5) 3rd Dealing in credit cards of another.
295 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
296 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
297 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
298 831.01 3rd Forgery.
299 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
300 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
301 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
302 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
303 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
304 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
305 843.08 3rd False personation.
306 893.13(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.
307 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
308 (c) LEVEL 3
309
310 FloridaStatute FelonyDegree Description
311 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
312 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
313 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
314 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
315 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
316 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
317 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
318 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
319 327.35(2)(b) 3rd Felony BUI.
320 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
321 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
322 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
323 379.2431 (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.
324 379.2431 (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.
325 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
326 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
327 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
328 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
329 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
330 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
331 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
332 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
333 697.08 3rd Equity skimming.
334 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
335 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
336 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
337 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
338 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
339 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
340 812.015(8)(b) 3rd Retail theft with intent to sell; coordination with others.
341 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
342 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
343 817.233 3rd Burning to defraud insurer.
344 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
345 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
346 817.236 3rd Filing a false motor vehicle insurance application.
347 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
348 817.413(2) 3rd Sale of used goods as new.
349 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
350 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
351 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
352 843.19 3rd Injure, disable, or kill police dog or horse.
353 860.15(3) 3rd Overcharging for repairs and parts.
354 870.01(2) 3rd Riot; inciting or encouraging.
355 893.13(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).
356 893.13(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.
357 893.13(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.
358 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
359 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
360 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
361 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
362 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
363 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
364 893.13(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.
365 893.13(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.
366 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
367 893.13(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.
368 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
369 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
370 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
371 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
372 (e) LEVEL 5
373
374 FloridaStatute FelonyDegree Description
375 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
376 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
377 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
378 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
379 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
380 379.365(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.
381 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
382 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
383 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
384 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
385 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
386 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
387 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
388 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
389 790.01(2) 3rd Carrying a concealed firearm.
390 790.162 2nd Threat to throw or discharge destructive device.
391 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
392 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
393 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
394 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
395 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
396 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
397 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
398 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
399 812.015(8)(a), (c), (d), & (e) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
400 812.019(1) 2nd Stolen property; dealing in or trafficking in.
401 812.019(3) 3rd Specified acts involving merchandise or a stored-value card obtained from a fraudulent return.
402 812.131(2)(b) 3rd Robbery by sudden snatching.
403 812.16(2) 3rd Owning, operating, or conducting a chop shop.
404 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
405 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
406 817.2341(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.
407 817.568(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.
408 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
409 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
410 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
411 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
412 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
413 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
414 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
415 843.01 3rd Resist officer with violence to person; resist arrest with violence.
416 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
417 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
418 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
419 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
420 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
421 893.13(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).
422 893.13(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.
423 893.13(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.
424 893.13(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.
425 893.13(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.
426 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
427 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
428 Section 7. For the purpose of incorporating the amendment
429 made by this act to section 812.014, Florida Statutes, in a
430 reference thereto, subsection (10) of section 95.18, Florida
431 Statutes, is reenacted to read:
432 95.18 Real property actions; adverse possession without
433 color of title.—
434 (10) A person who occupies or attempts to occupy a
435 residential structure solely by claim of adverse possession
436 under this section and offers the property for lease to another
437 commits theft under s. 812.014.
438 Section 8. For the purpose of incorporating the amendment
439 made by this act to section 812.014, Florida Statutes, in a
440 reference thereto, paragraph (c) of subsection (3) of section
441 373.6055, Florida Statutes, is reenacted to read:
442 373.6055 Criminal history checks for certain water
443 management district employees and others.—
444 (3)
445 (c) In addition to other requirements for employment or
446 access established by any water management district pursuant to
447 its water management district’s security plan for buildings,
448 facilities, and structures, each water management district’s
449 security plan shall provide that:
450 1. Any person who has within the past 7 years been
451 convicted, regardless of whether adjudication was withheld, for
452 a forcible felony as defined in s. 776.08; an act of terrorism
453 as defined in s. 775.30; planting of a hoax bomb as provided in
454 s. 790.165; any violation involving the manufacture, possession,
455 sale, delivery, display, use, or attempted or threatened use of
456 a weapon of mass destruction or hoax weapon of mass destruction
457 as provided in s. 790.166; dealing in stolen property; any
458 violation of s. 893.135; any violation involving the sale,
459 manufacturing, delivery, or possession with intent to sell,
460 manufacture, or deliver a controlled substance; burglary;
461 robbery; any felony violation of s. 812.014; any violation of s.
462 790.07; any crime an element of which includes use or possession
463 of a firearm; any conviction for any similar offenses under the
464 laws of another jurisdiction; or conviction for conspiracy to
465 commit any of the listed offenses may not be qualified for
466 initial employment within or authorized regular access to
467 buildings, facilities, or structures defined in the water
468 management district’s security plan as restricted access areas.
469 2. Any person who has at any time been convicted of any of
470 the offenses listed in subparagraph 1. may not be qualified for
471 initial employment within or authorized regular access to
472 buildings, facilities, or structures defined in the water
473 management district’s security plan as restricted access areas
474 unless, after release from incarceration and any supervision
475 imposed as a sentence, the person remained free from a
476 subsequent conviction, regardless of whether adjudication was
477 withheld, for any of the listed offenses for a period of at
478 least 7 years prior to the employment or access date under
479 consideration.
480 Section 9. For the purpose of incorporating the amendment
481 made by this act to section 812.014, Florida Statutes, in a
482 reference thereto, subsection (3) of section 400.9935, Florida
483 Statutes, is reenacted to read:
484 400.9935 Clinic responsibilities.—
485 (3) A charge or reimbursement claim made by or on behalf of
486 a clinic that is required to be licensed under this part but
487 that is not so licensed, or that is otherwise operating in
488 violation of this part, regardless of whether a service is
489 rendered or whether the charge or reimbursement claim is paid,
490 is an unlawful charge and is noncompensable and unenforceable. A
491 person who knowingly makes or causes to be made an unlawful
492 charge commits theft within the meaning of and punishable as
493 provided in s. 812.014.
494 Section 10. For the purpose of incorporating the amendment
495 made by this act to section 812.014, Florida Statutes, in a
496 reference thereto, paragraph (g) of subsection (17) of section
497 409.910, Florida Statutes, is reenacted to read:
498 409.910 Responsibility for payments on behalf of Medicaid
499 eligible persons when other parties are liable.—
500 (17)
501 (g) The agency may investigate and request appropriate
502 officers or agencies of the state to investigate suspected
503 criminal violations or fraudulent activity related to third
504 party benefits, including, without limitation, ss. 414.39 and
505 812.014. Such requests may be directed, without limitation, to
506 the Medicaid Fraud Control Unit of the Office of the Attorney
507 General or to any state attorney. Pursuant to s. 409.913, the
508 Attorney General has primary responsibility to investigate and
509 control Medicaid fraud.
510 Section 11. For the purpose of incorporating the amendment
511 made by this act to section 812.014, Florida Statutes, in a
512 reference thereto, subsection (4) of section 489.126, Florida
513 Statutes, is reenacted to read:
514 489.126 Moneys received by contractors.—
515 (4) Any person who violates any provision of this section
516 is guilty of theft and shall be prosecuted and punished under s.
517 812.014.
518 Section 12. For the purpose of incorporating the amendment
519 made by this act to section 812.014, Florida Statutes, in a
520 reference thereto, subsection (10) of section 550.6305, Florida
521 Statutes, is reenacted to read:
522 550.6305 Intertrack wagering; guest track payments;
523 accounting rules.—
524 (10) All races or games conducted at a permitholder’s
525 facility, all broadcasts of such races or games, and all
526 broadcast rights relating thereto are owned by the permitholder
527 at whose facility such races or games are conducted and
528 constitute the permitholder’s property as defined in s.
529 812.012(4). Transmission, reception of a transmission,
530 exhibition, use, or other appropriation of such races or games,
531 broadcasts of such races or games, or broadcast rights relating
532 thereto without the written consent of the permitholder
533 constitutes a theft of such property under s. 812.014; and in
534 addition to the penal sanctions contained in s. 812.014, the
535 permitholder has the right to avail itself of the civil remedies
536 specified in ss. 772.104, 772.11, and 812.035 in addition to any
537 other remedies available under applicable state or federal law.
538 Section 13. For the purpose of incorporating the amendment
539 made by this act to section 812.014, Florida Statutes, in a
540 reference thereto, subsection (2) of section 627.743, Florida
541 Statutes, is reenacted to read:
542 627.743 Payment of third-party claims.—
543 (2) When making any payment on a third party claim for
544 damage to an automobile for a partial loss, the insurer shall
545 have printed on the loss estimate, if prepared by the insurer,
546 the following: “Failure to use the insurance proceeds in
547 accordance with the security agreement, if any, could be a
548 violation of s. 812.014, Florida Statutes. If you have any
549 questions, contact your lending institution.” However, this
550 subsection does not apply if the insurer does not prepare the
551 loss estimate.
552 Section 14. For the purpose of incorporating the amendment
553 made by this act to section 812.014, Florida Statutes, in a
554 reference thereto, subsection (2) of section 634.319, Florida
555 Statutes, is reenacted to read:
556 634.319 Reporting and accounting for funds.—
557 (2) Any sales representative who, not being entitled
558 thereto, diverts or appropriates such funds or any portion
559 thereof to her or his own use is, upon conviction, guilty of
560 theft, punishable as provided in s. 812.014.
561 Section 15. For the purpose of incorporating the amendment
562 made by this act to section 812.014, Florida Statutes, in a
563 reference thereto, subsection (2) of section 634.421, Florida
564 Statutes, is reenacted to read:
565 634.421 Reporting and accounting for funds.—
566 (2) Any sales representative who, not being entitled
567 thereto, diverts or appropriates funds or any portion thereof to
568 her or his own use commits theft as provided in s. 812.014.
569 Section 16. For the purpose of incorporating the amendment
570 made by this act to section 812.014, Florida Statutes, in a
571 reference thereto, subsection (3) of section 636.238, Florida
572 Statutes, is reenacted to read:
573 636.238 Penalties for violation of this part.—
574 (3) A person who collects fees for purported membership in
575 a discount plan but purposefully fails to provide the promised
576 benefits commits a theft, punishable as provided in s. 812.014.
577 Section 17. For the purpose of incorporating the amendment
578 made by this act to section 812.014, Florida Statutes, in a
579 reference thereto, subsection (2) of section 642.038, Florida
580 Statutes, is reenacted to read:
581 642.038 Reporting and accounting for funds.—
582 (2) Any sales representative who, not being entitled
583 thereto, diverts or appropriates such funds or any portion
584 thereof to his or her own use commits theft as provided in s.
585 812.014.
586 Section 18. For the purpose of incorporating the amendment
587 made by this act to section 812.014, Florida Statutes, in a
588 reference thereto, subsection (4) of section 705.102, Florida
589 Statutes, is reenacted to read:
590 705.102 Reporting lost or abandoned property.—
591 (4) Any person who unlawfully appropriates such lost or
592 abandoned property to his or her own use or refuses to deliver
593 such property when required commits theft as defined in s.
594 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
595 775.084.
596 Section 19. For the purpose of incorporating the amendment
597 made by this act to section 812.014, Florida Statutes, in a
598 reference thereto, paragraph (d) of subsection (1) of section
599 718.111, Florida Statutes, is reenacted to read:
600 718.111 The association.—
601 (1) CORPORATE ENTITY.—
602 (d) As required by s. 617.0830, an officer, director, or
603 agent shall discharge his or her duties in good faith, with the
604 care an ordinarily prudent person in a like position would
605 exercise under similar circumstances, and in a manner he or she
606 reasonably believes to be in the interests of the association.
607 An officer, director, or agent shall be liable for monetary
608 damages as provided in s. 617.0834 if such officer, director, or
609 agent breached or failed to perform his or her duties and the
610 breach of, or failure to perform, his or her duties constitutes
611 a violation of criminal law as provided in s. 617.0834;
612 constitutes a transaction from which the officer or director
613 derived an improper personal benefit, either directly or
614 indirectly; or constitutes recklessness or an act or omission
615 that was in bad faith, with malicious purpose, or in a manner
616 exhibiting wanton and willful disregard of human rights, safety,
617 or property. Forgery of a ballot envelope or voting certificate
618 used in a condominium association election is punishable as
619 provided in s. 831.01, the theft or embezzlement of funds of a
620 condominium association is punishable as provided in s. 812.014,
621 and the destruction of or the refusal to allow inspection or
622 copying of an official record of a condominium association that
623 is accessible to unit owners within the time periods required by
624 general law in furtherance of any crime is punishable as
625 tampering with physical evidence as provided in s. 918.13 or as
626 obstruction of justice as provided in chapter 843. An officer or
627 director charged by information or indictment with a crime
628 referenced in this paragraph must be removed from office, and
629 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
630 until the end of the officer’s or director’s period of
631 suspension or the end of his or her term of office, whichever
632 occurs first. If a criminal charge is pending against the
633 officer or director, he or she may not be appointed or elected
634 to a position as an officer or a director of any association and
635 may not have access to the official records of any association,
636 except pursuant to a court order. However, if the charges are
637 resolved without a finding of guilt, the officer or director
638 must be reinstated for the remainder of his or her term of
639 office, if any.
640 Section 20. For the purpose of incorporating the amendment
641 made by this act to section 812.014, Florida Statutes, in
642 references thereto, subsections (4), (7), and (8) of section
643 812.14, Florida Statutes, are reenacted to read:
644 812.14 Trespass and larceny with relation to utility
645 fixtures; theft of utility services.—
646 (4) A person who willfully violates subsection (2) commits
647 theft, punishable as provided in s. 812.014.
648 (7) An owner, lessor, or sublessor who willfully violates
649 subsection (5) commits a misdemeanor of the first degree,
650 punishable as provided in s. 775.082 or s. 775.083. Prosecution
651 for a violation of subsection (5) does not preclude prosecution
652 for theft pursuant to subsection (8) or s. 812.014.
653 (8) Theft of utility services for the purpose of
654 facilitating the manufacture of a controlled substance is theft,
655 punishable as provided in s. 812.014.
656 Section 21. For the purpose of incorporating the amendment
657 made by this act to section 812.014, Florida Statutes, in a
658 reference thereto, paragraph (b) of subsection (1) of section
659 985.11, Florida Statutes, is reenacted to read:
660 985.11 Fingerprinting and photographing.—
661 (1)
662 (b) Unless the child is issued a civil citation or is
663 participating in a similar diversion program pursuant to s.
664 985.12, a child who is charged with or found to have committed
665 one of the following offenses shall be fingerprinted, and the
666 fingerprints shall be submitted to the Department of Law
667 Enforcement as provided in s. 943.051(3)(b):
668 1. Assault, as defined in s. 784.011.
669 2. Battery, as defined in s. 784.03.
670 3. Carrying a concealed weapon, as defined in s. 790.01(1).
671 4. Unlawful use of destructive devices or bombs, as defined
672 in s. 790.1615(1).
673 5. Neglect of a child, as defined in s. 827.03(1)(e).
674 6. Assault on a law enforcement officer, a firefighter, or
675 other specified officers, as defined in s. 784.07(2)(a).
676 7. Open carrying of a weapon, as defined in s. 790.053.
677 8. Exposure of sexual organs, as defined in s. 800.03.
678 9. Unlawful possession of a firearm, as defined in s.
679 790.22(5).
680 10. Petit theft, as defined in s. 812.014.
681 11. Cruelty to animals, as defined in s. 828.12(1).
682 12. Arson, resulting in bodily harm to a firefighter, as
683 defined in s. 806.031(1).
684 13. Unlawful possession or discharge of a weapon or firearm
685 at a school-sponsored event or on school property as defined in
686 s. 790.115.
687
688 A law enforcement agency may fingerprint and photograph a child
689 taken into custody upon probable cause that such child has
690 committed any other violation of law, as the agency deems
691 appropriate. Such fingerprint records and photographs shall be
692 retained by the law enforcement agency in a separate file, and
693 these records and all copies thereof must be marked “Juvenile
694 Confidential.” These records are not available for public
695 disclosure and inspection under s. 119.07(1) except as provided
696 in ss. 943.053 and 985.04(2), but shall be available to other
697 law enforcement agencies, criminal justice agencies, state
698 attorneys, the courts, the child, the parents or legal
699 custodians of the child, their attorneys, and any other person
700 authorized by the court to have access to such records. In
701 addition, such records may be submitted to the Department of Law
702 Enforcement for inclusion in the state criminal history records
703 and used by criminal justice agencies for criminal justice
704 purposes. These records may, in the discretion of the court, be
705 open to inspection by anyone upon a showing of cause. The
706 fingerprint and photograph records shall be produced in the
707 court whenever directed by the court. Any photograph taken
708 pursuant to this section may be shown by a law enforcement
709 officer to any victim or witness of a crime for the purpose of
710 identifying the person who committed such crime.
711 Section 22. For the purpose of incorporating the amendment
712 made by this act to section 812.015, Florida Statutes, in a
713 reference thereto, paragraph (f) of subsection (5) of section
714 538.09, Florida Statutes, is reenacted to read:
715 538.09 Registration.—
716 (5) In addition to the fine provided in subsection (4),
717 registration under this section may be denied or any
718 registration granted may be revoked, restricted, or suspended by
719 the department if the department determines that the applicant
720 or registrant:
721 (f) Has, within the preceding 10-year period for new
722 registrants who apply for registration on or after October 1,
723 2006, been convicted of, or has entered a plea of guilty or nolo
724 contendere to, or had adjudication withheld for, a crime against
725 the laws of this state or any other state or of the United
726 States which relates to registration as a secondhand dealer or
727 which involves theft, larceny, dealing in stolen property,
728 receiving stolen property, burglary, embezzlement, obtaining
729 property by false pretenses, possession of altered property, any
730 felony drug offense, any violation of s. 812.015, or any
731 fraudulent dealing;
732
733 In the event the department determines to deny an application or
734 revoke a registration, it shall enter a final order with its
735 findings on the register of secondhand dealers and their
736 business associates, if any; and denial, suspension, or
737 revocation of the registration of a secondhand dealer shall also
738 deny, suspend, or revoke the registration of such secondhand
739 dealer’s business associates.
740 Section 23. For the purpose of incorporating the amendment
741 made by this act to section 812.015, Florida Statutes, in a
742 reference thereto, subsection (2) of section 538.23, Florida
743 Statutes, is reenacted to read:
744 538.23 Violations and penalties.—
745 (2) A secondary metals recycler is presumed to know upon
746 receipt of stolen regulated metals property in a purchase
747 transaction that the regulated metals property has been stolen
748 from another if the secondary metals recycler knowingly and
749 intentionally fails to maintain the information required in s.
750 538.19 and shall, upon conviction of a violation of s. 812.015,
751 be punished as provided in s. 812.014(2) or (3).
752 Section 24. For the purpose of incorporating the amendment
753 made by this act to section 812.019, Florida Statutes, in a
754 reference thereto, paragraph (bb) of subsection (1) of section
755 1012.315, Florida Statutes, is reenacted to read:
756 1012.315 Disqualification from employment.—A person is
757 ineligible for educator certification or employment in any
758 position that requires direct contact with students in a
759 district school system, charter school, or private school that
760 accepts scholarship students who participate in a state
761 scholarship program under chapter 1002 if the person has been
762 convicted of:
763 (1) Any felony offense prohibited under any of the
764 following statutes:
765 (bb) Section 812.019, relating to dealing in stolen
766 property.
767 Section 25. For the purpose of incorporating the amendments
768 made by this act to sections 812.014 and 812.015, Florida
769 Statutes, in references thereto, subsections (1) and (2) of
770 section 812.0155, Florida Statutes, are reenacted to read:
771 812.0155 Suspension of driver license following an
772 adjudication of guilt for theft.—
773 (1) Except as provided in subsections (2) and (3), the
774 court may order the suspension of the driver license of each
775 person adjudicated guilty of any misdemeanor violation of s.
776 812.014 or s. 812.015, regardless of the value of the property
777 stolen. Upon ordering the suspension of the driver license of
778 the person adjudicated guilty, the court shall forward the
779 driver license of the person adjudicated guilty to the
780 Department of Highway Safety and Motor Vehicles in accordance
781 with s. 322.25.
782 (a) The first suspension of a driver license under this
783 subsection shall be for a period of up to 6 months.
784 (b) A second or subsequent suspension of a driver license
785 under this subsection shall be for 1 year.
786 (2) The court may revoke, suspend, or withhold issuance of
787 a driver license of a person less than 18 years of age who
788 violates s. 812.014 or s. 812.015 as an alternative to
789 sentencing the person to:
790 (a) Probation as defined in s. 985.03 or commitment to the
791 Department of Juvenile Justice, if the person is adjudicated
792 delinquent for such violation and has not previously been
793 convicted of or adjudicated delinquent for any criminal offense,
794 regardless of whether adjudication was withheld.
795 (b) Probation as defined in s. 985.03, commitment to the
796 Department of Juvenile Justice, probation as defined in chapter
797 948, community control, or incarceration, if the person is
798 convicted as an adult of such violation and has not previously
799 been convicted of or adjudicated delinquent for any criminal
800 offense, regardless of whether adjudication was withheld.
801 Section 26. For the purpose of incorporating the amendments
802 made by this act to sections 812.014 and 812.019, Florida
803 Statutes, in a reference thereto, subsection (3) of section
804 893.138, Florida Statutes, is reenacted to read:
805 893.138 Local administrative action to abate drug-related,
806 prostitution-related, or stolen-property-related public
807 nuisances and criminal gang activity.—
808 (3) Any pain-management clinic, as described in s. 458.3265
809 or s. 459.0137, which has been used on more than two occasions
810 within a 6-month period as the site of a violation of:
811 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
812 relating to assault and battery;
813 (b) Section 810.02, relating to burglary;
814 (c) Section 812.014, relating to theft;
815 (d) Section 812.131, relating to robbery by sudden
816 snatching; or
817 (e) Section 893.13, relating to the unlawful distribution
818 of controlled substances,
819
820 may be declared to be a public nuisance, and such nuisance may
821 be abated pursuant to the procedures provided in this section.
822 Section 27. This act shall take effect October 1, 2019.
