Bill Text: FL S0406 | 2019 | Regular Session | Introduced
Bill Title: Theft
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0406 Detail]
Download: Florida-2019-S0406-Introduced.html
Florida Senate - 2019 SB 406
By Senator Brandes
24-00750-19 2019406__
1 A bill to be entitled
2 An act relating to theft; amending s. 812.014, F.S.;
3 increasing threshold amounts for certain theft
4 offenses; revising the list of items the theft of
5 which constitutes theft of the third degree; providing
6 that the value of taken property is based on fair
7 market value at the time of the taking; requiring the
8 adjustment of certain monetary amounts by the Division
9 of Law Revision based on certain required periodic
10 calculations done by the Office of Economic and
11 Demographic Research; amending s. 812.015, F.S.;
12 defining the term “value”; increasing threshold
13 amounts for a certain theft offense; revising the
14 circumstances under which an offense of retail theft
15 constitutes a felony of the second degree; requiring
16 the adjustment of certain monetary amounts by the
17 Division of Law Revision based on certain required
18 periodic calculations done by the Office of Economic
19 and Demographic Research; amending s. 921.0022, F.S.;
20 conforming provisions to changes made by the act;
21 conforming a cross-reference; reenacting ss.
22 95.18(10), 373.6055(3)(c), 400.9935(3),
23 409.910(17)(g), 489.126(4), 550.6305(10), 627.743(2),
24 634.319(2), 634.421(2), 636.238(3), 642.038(2),
25 705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
26 (2), 812.14(4), (7), and (8), 893.138(3),
27 932.701(2)(a), 943.051(3)(b), 985.11(1)(b), and
28 985.557(1)(a) and (2)(c), F.S., relating to adverse
29 possession without color of title; criminal history
30 checks for certain water management district employees
31 and others; clinic responsibilities; responsibility
32 for payments on behalf of Medicaid-eligible persons
33 when other parties are liable; moneys received by
34 contractors; intertrack wagering; payment of third
35 party claims; diversion or appropriation of certain
36 funds received by sales representatives; diversion or
37 appropriation of certain funds received by sales
38 representatives; penalties for certain violations;
39 diversion or appropriation of certain funds received
40 by sales representatives; reporting lost or abandoned
41 property; condominium associations; retail and farm
42 theft; suspension of driver license following an
43 adjudication of guilt for theft; trespass and larceny
44 with relation to utility fixtures and theft of utility
45 services; local administrative action to abate drug
46 related, prostitution-related, or stolen-property
47 related public nuisances and criminal gang activity;
48 the definition of the term “contraband article”;
49 fingerprinting of certain minors; fingerprinting and
50 photographing of certain children; and discretionary
51 and mandatory criteria for the direct filing of an
52 information, respectively, to incorporate the
53 amendment made to s. 812.014, F.S., in references
54 thereto; reenacting s. 538.09(5), F.S., relating to
55 the registration of a secondhand dealer, to
56 incorporate the amendment made to s. 812.015, F.S., in
57 a reference thereto; reenacting ss. 538.23(2) and
58 812.0155(2), F.S., relating to secondary metals
59 recycler violations and penalties and suspension of
60 driver license following an adjudication of guilt for
61 theft, respectively, to incorporate the amendments
62 made to ss. 812.014 and 812.015, F.S., in references
63 thereto; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Paragraphs (c), (d), and (e) of subsection (2)
68 and subsection (3) of section 812.014, Florida Statutes, are
69 amended, and subsections (7) and (8) are added to that section,
70 to read:
71 812.014 Theft.—
72 (2)
73 (c) It is grand theft of the third degree and a felony of
74 the third degree, punishable as provided in s. 775.082, s.
75 775.083, or s. 775.084, if the property stolen is:
76 1. Valued at $1,500 $300 or more, but less than $5,000.
77 2. Valued at $5,000 or more, but less than $10,000.
78 3. Valued at $10,000 or more, but less than $20,000.
79 4. A will, codicil, or other testamentary instrument.
80 5. A firearm.
81 6. A motor vehicle, except as provided in paragraph (a).
82 7. Any commercially farmed animal, including any animal of
83 the equine, avian, bovine, or swine class or other grazing
84 animal; a bee colony of a registered beekeeper; and aquaculture
85 species raised at a certified aquaculture facility. If the
86 property stolen is a commercially farmed animal, including an
87 animal of the equine, avian, bovine, or swine class or other
88 grazing animal; a bee colony of a registered beekeeper; or an
89 aquaculture species raised at a certified aquaculture facility,
90 a $10,000 fine shall be imposed.
91 8. Any fire extinguisher.
92 8.9. Any amount of citrus fruit consisting of 2,000 or more
93 individual pieces of fruit.
94 9.10. Taken from a designated construction site identified
95 by the posting of a sign as provided for in s. 810.09(2)(d).
96 10.11. Any stop sign.
97 11.12. Anhydrous ammonia.
98 12.13. Any amount of a controlled substance as defined in
99 s. 893.02. Notwithstanding any other law, separate judgments and
100 sentences for theft of a controlled substance under this
101 subparagraph and for any applicable possession of controlled
102 substance offense under s. 893.13 or trafficking in controlled
103 substance offense under s. 893.135 may be imposed when all such
104 offenses involve the same amount or amounts of a controlled
105 substance.
106
107 However, if the property is stolen within a county that is
108 subject to a state of emergency declared by the Governor under
109 chapter 252, the property is stolen after the declaration of
110 emergency is made, and the perpetration of the theft is
111 facilitated by conditions arising from the emergency, the
112 offender commits a felony of the second degree, punishable as
113 provided in s. 775.082, s. 775.083, or s. 775.084, if the
114 property is valued at $5,000 or more, but less than $10,000, as
115 provided under subparagraph 2., or if the property is valued at
116 $10,000 or more, but less than $20,000, as provided under
117 subparagraph 3. As used in this paragraph, the term “conditions
118 arising from the emergency” means civil unrest, power outages,
119 curfews, voluntary or mandatory evacuations, or a reduction in
120 the presence of or the response time for first responders or
121 homeland security personnel. For purposes of sentencing under
122 chapter 921, a felony offense that is reclassified under this
123 paragraph is ranked one level above the ranking under s.
124 921.0022 or s. 921.0023 of the offense committed.
125 (d) It is grand theft of the third degree and a felony of
126 the third degree, punishable as provided in s. 775.082, s.
127 775.083, or s. 775.084, if the property stolen is valued at
128 $1,500 $100 or more, but less than $5,000 $300, and is taken
129 from a dwelling as defined in s. 810.011(2) or from the
130 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
131 (e) Except as provided in paragraph (d), if the property
132 stolen is valued at $500 $100 or more, but less than $1,500
133 $300, the offender commits petit theft of the first degree,
134 punishable as a misdemeanor of the first degree, as provided in
135 s. 775.082 or s. 775.083.
136 (3)(a) Theft of any property not specified in subsection
137 (2) is petit theft of the second degree and a misdemeanor of the
138 second degree, punishable as provided in s. 775.082 or s.
139 775.083, and as provided in subsection (5), as applicable.
140 (b) A person who commits petit theft and who has previously
141 been convicted of any theft commits a misdemeanor of the first
142 degree, punishable as provided in s. 775.082 or s. 775.083.
143 (c) A person who commits petit theft in the first degree
144 and who has previously been convicted two or more times as an
145 adult of any theft commits a felony of the third degree,
146 punishable as provided in s. 775.082 or s. 775.083 if the third
147 or subsequent petit theft offense occurred within 3 years after
148 the expiration of his or her sentence for the most recent theft
149 conviction.
150 (7) For purposes of determining the value of property taken
151 in violation of this section, the value must be based on the
152 fair market value of the property at the time the taking
153 occurred.
154 (8) The threshold amounts for offenses specified in this
155 section must be adjusted every 5 years in an amount equal to the
156 total of the annual increases for that 5-year period in the
157 Consumer Price Index for All Urban Consumers, U.S. City Average,
158 All Items. The Office of Economic and Demographic Research shall
159 calculate the thresholds, rounded to the nearest $50, and
160 publish the amounts, as adjusted, on its website by July 1 of
161 every fifth year, with the amounts to take effect on October 1
162 of that year. The office shall certify the revised amounts to
163 the Division of Law Revision, which is directed to conform the
164 statutes to the revised amounts.
165 Section 2. Paragraph (n) of subsection (1) and subsection
166 (10) are added to section 812.015, Florida Statutes, and
167 subsections (8) and (9) of that section are amended, to read:
168 812.015 Retail and farm theft; transit fare evasion;
169 mandatory fine; alternative punishment; detention and arrest;
170 exemption from liability for false arrest; resisting arrest;
171 penalties.—
172 (1) As used in this section:
173 (n) “Value” means the fair market value of the property
174 taken in violation of this section at the time the taking
175 occurred.
176 (8) Except as provided in subsection (9), a person who
177 commits retail theft commits a felony of the third degree,
178 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
179 if the property stolen is valued at $1,500 $300 or more, and the
180 person:
181 (a) Individually, or in concert with one or more other
182 persons, coordinates the activities of one or more individuals
183 in committing the offense, in which case the amount of each
184 individual theft is aggregated to determine the value of the
185 property stolen;
186 (b) Commits theft from more than one location within a 48
187 hour period, in which case the amount of each individual theft
188 is aggregated to determine the value of the property stolen;
189 (c) Acts in concert with one or more other individuals
190 within one or more establishments to distract the merchant,
191 merchant’s employee, or law enforcement officer in order to
192 carry out the offense, or acts in other ways to coordinate
193 efforts to carry out the offense; or
194 (d) Commits the offense through the purchase of merchandise
195 in a package or box that contains merchandise other than, or in
196 addition to, the merchandise purported to be contained in the
197 package or box.
198 (9) A person commits a felony of the second degree,
199 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
200 if the person:
201 (a) Violates subsection (8) as an adult and has previously
202 been convicted of a violation of subsection (8) within 3 years
203 after the expiration of his or her sentence for the conviction;
204 or
205 (b) Individually, or in concert with one or more other
206 persons, coordinates the activities of one or more persons in
207 committing the offense of retail theft where the stolen property
208 has a value in excess of $3,000.
209 (10) The threshold amounts for offenses specified in this
210 section must be adjusted every 5 years in an amount equal to the
211 total of the annual increases for that 5-year period in the
212 Consumer Price Index for All Urban Consumers, U.S. City Average,
213 All Items. The Office of Economic and Demographic Research shall
214 calculate the thresholds, rounded to the nearest $50, and
215 publish the amounts, as adjusted, on its website by July 1 of
216 every fifth year, with the amounts to take effect on October 1
217 of that year. The office shall certify the revised amounts to
218 the Division of Law Revision, which is directed to conform the
219 statutes to the revised amounts.
220 Section 3. Paragraphs (a), (b), (d), (e), and (f) of
221 subsection (3) of section 921.0022, Florida Statutes, are
222 amended to read:
223 921.0022 Criminal Punishment Code; offense severity ranking
224 chart.—
225 (3) OFFENSE SEVERITY RANKING CHART
226 (a) LEVEL 1
227
228 FloridaStatute FelonyDegree Description
229 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
230 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
231 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
232 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
233 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
234 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
235 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
236 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
237 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
238 322.212(5)(a) 3rd False application for driver license or identification card.
239 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
240 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
241 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
242 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
243 562.27(1) 3rd Possess still or still apparatus.
244 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
245 812.014(3)(c) 3rd Petit theft (3rd or subsequent adult conviction within specified period); theft of any property not specified in subsection (2).
246 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
247 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
248 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
249 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
250 826.01 3rd Bigamy.
251 828.122(3) 3rd Fighting or baiting animals.
252 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
253 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
254 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
255 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
256 838.15(2) 3rd Commercial bribe receiving.
257 838.16 3rd Commercial bribery.
258 843.18 3rd Fleeing by boat to elude a law enforcement officer.
259 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
260 849.01 3rd Keeping gambling house.
261 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
262 849.23 3rd Gambling-related machines; “common offender” as to property rights.
263 849.25(2) 3rd Engaging in bookmaking.
264 860.08 3rd Interfere with a railroad signal.
265 860.13(1)(a) 3rd Operate aircraft while under the influence.
266 893.13(2)(a)2. 3rd Purchase of cannabis.
267 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
268 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
269 (b) LEVEL 2
270
271 FloridaStatute FelonyDegree Description
272 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
273 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
274 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
275 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
276 590.28(1) 3rd Intentional burning of lands.
277 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
278 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
279 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
280 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
281 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
282 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,500 $300 or more but less than $5,000.
283 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
284 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
285 817.234(1)(a)2. 3rd False statement in support of insurance claim.
286 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
287 817.52(3) 3rd Failure to redeliver hired vehicle.
288 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
289 817.60(5) 3rd Dealing in credit cards of another.
290 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
291 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
292 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
293 831.01 3rd Forgery.
294 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
295 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
296 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
297 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
298 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
299 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
300 843.08 3rd False personation.
301 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
302 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
303 (d) LEVEL 4
304
305 FloridaStatute FelonyDegree Description
306 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
307 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
308 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
309 517.07(1) 3rd Failure to register securities.
310 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
311 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
312 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
313 784.075 3rd Battery on detention or commitment facility staff.
314 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
315 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
316 784.081(3) 3rd Battery on specified official or employee.
317 784.082(3) 3rd Battery by detained person on visitor or other detainee.
318 784.083(3) 3rd Battery on code inspector.
319 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
320 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
321 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
322 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
323 787.07 3rd Human smuggling.
324 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
325 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
326 790.115(2)(c) 3rd Possessing firearm on school property.
327 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
328 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
329 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
330 810.06 3rd Burglary; possession of tools.
331 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
332 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
333 812.014(2)(c)4.-9.812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
334 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
335 817.505(4)(a) 3rd Patient brokering.
336 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
337 817.568(2)(a) 3rd Fraudulent use of personal identification information.
338 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
339 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
340 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
341 837.02(1) 3rd Perjury in official proceedings.
342 837.021(1) 3rd Make contradictory statements in official proceedings.
343 838.022 3rd Official misconduct.
344 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
345 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
346 843.021 3rd Possession of a concealed handcuff key by a person in custody.
347 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
348 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
349 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
350 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
351 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
352 914.14(2) 3rd Witnesses accepting bribes.
353 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
354 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
355 918.12 3rd Tampering with jurors.
356 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
357
358 (e) LEVEL 5
359
360 FloridaStatute FelonyDegree Description
361 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
362 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
363 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
364 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
365 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
366 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
367 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
368 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
369 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
370 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
371 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
372 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
373 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
374 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
375 790.01(2) 3rd Carrying a concealed firearm.
376 790.162 2nd Threat to throw or discharge destructive device.
377 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
378 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
379 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
380 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
381 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
382 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
383 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
384 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
385 812.015(8) 3rd Retail theft; property stolen is valued at $1,500 $300 or more and one or more specified acts.
386 812.019(1) 2nd Stolen property; dealing in or trafficking in.
387 812.131(2)(b) 3rd Robbery by sudden snatching.
388 812.16(2) 3rd Owning, operating, or conducting a chop shop.
389 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
390 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
391 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
392 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
393 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
394 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
395 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
396 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
397 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
398 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
399 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
400 843.01 3rd Resist officer with violence to person; resist arrest with violence.
401 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
402 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
403 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
404 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
405 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
406 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
407 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
408 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
409 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
410 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
411 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
412 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
413 (f) LEVEL 6
414
415 FloridaStatute FelonyDegree Description
416 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
417 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
418 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
419 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
420 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
421 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
422 775.0875(1) 3rd Taking firearm from law enforcement officer.
423 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
424 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
425 784.041 3rd Felony battery; domestic battery by strangulation.
426 784.048(3) 3rd Aggravated stalking; credible threat.
427 784.048(5) 3rd Aggravated stalking of person under 16.
428 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
429 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
430 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
431 784.081(2) 2nd Aggravated assault on specified official or employee.
432 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
433 784.083(2) 2nd Aggravated assault on code inspector.
434 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
435 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
436 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
437 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
438 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
439 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
440 794.05(1) 2nd Unlawful sexual activity with specified minor.
441 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
442 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
443 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
444 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
445 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
446 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
447 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
448 812.015(9)(a) 2nd Retail theft; property stolen $1,500 $300 or more; second or subsequent adult conviction within specified period.
449 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
450 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
451 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
452 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
453 825.102(1) 3rd Abuse of an elderly person or disabled adult.
454 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
455 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
456 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
457 827.03(2)(c) 3rd Abuse of a child.
458 827.03(2)(d) 3rd Neglect of a child.
459 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
460 836.05 2nd Threats; extortion.
461 836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
462 843.12 3rd Aids or assists person to escape.
463 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
464 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
465 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
466 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
467 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
468 944.40 2nd Escapes.
469 944.46 3rd Harboring, concealing, aiding escaped prisoners.
470 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
471 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
472 Section 4. For the purpose of incorporating the amendment
473 made by this act to section 812.014, Florida Statutes, in a
474 reference thereto, subsection (10) of section 95.18, Florida
475 Statutes, is reenacted to read:
476 95.18 Real property actions; adverse possession without
477 color of title.—
478 (10) A person who occupies or attempts to occupy a
479 residential structure solely by claim of adverse possession
480 under this section and offers the property for lease to another
481 commits theft under s. 812.014.
482 Section 5. For the purpose of incorporating the amendment
483 made by this act to section 812.014, Florida Statutes, in a
484 reference thereto, paragraph (c) of subsection (3) of section
485 373.6055, Florida Statutes, is reenacted to read:
486 373.6055 Criminal history checks for certain water
487 management district employees and others.—
488 (3)
489 (c) In addition to other requirements for employment or
490 access established by any water management district pursuant to
491 its water management district’s security plan for buildings,
492 facilities, and structures, each water management district’s
493 security plan shall provide that:
494 1. Any person who has within the past 7 years been
495 convicted, regardless of whether adjudication was withheld, for
496 a forcible felony as defined in s. 776.08; an act of terrorism
497 as defined in s. 775.30; planting of a hoax bomb as provided in
498 s. 790.165; any violation involving the manufacture, possession,
499 sale, delivery, display, use, or attempted or threatened use of
500 a weapon of mass destruction or hoax weapon of mass destruction
501 as provided in s. 790.166; dealing in stolen property; any
502 violation of s. 893.135; any violation involving the sale,
503 manufacturing, delivery, or possession with intent to sell,
504 manufacture, or deliver a controlled substance; burglary;
505 robbery; any felony violation of s. 812.014; any violation of s.
506 790.07; any crime an element of which includes use or possession
507 of a firearm; any conviction for any similar offenses under the
508 laws of another jurisdiction; or conviction for conspiracy to
509 commit any of the listed offenses may not be qualified for
510 initial employment within or authorized regular access to
511 buildings, facilities, or structures defined in the water
512 management district’s security plan as restricted access areas.
513 2. Any person who has at any time been convicted of any of
514 the offenses listed in subparagraph 1. may not be qualified for
515 initial employment within or authorized regular access to
516 buildings, facilities, or structures defined in the water
517 management district’s security plan as restricted access areas
518 unless, after release from incarceration and any supervision
519 imposed as a sentence, the person remained free from a
520 subsequent conviction, regardless of whether adjudication was
521 withheld, for any of the listed offenses for a period of at
522 least 7 years prior to the employment or access date under
523 consideration.
524 Section 6. For the purpose of incorporating the amendment
525 made by this act to section 812.014, Florida Statutes, in a
526 reference thereto, subsection (3) of section 400.9935, Florida
527 Statutes, is reenacted to read:
528 400.9935 Clinic responsibilities.—
529 (3) A charge or reimbursement claim made by or on behalf of
530 a clinic that is required to be licensed under this part but
531 that is not so licensed, or that is otherwise operating in
532 violation of this part, regardless of whether a service is
533 rendered or whether the charge or reimbursement claim is paid,
534 is an unlawful charge and is noncompensable and unenforceable. A
535 person who knowingly makes or causes to be made an unlawful
536 charge commits theft within the meaning of and punishable as
537 provided in s. 812.014.
538 Section 7. For the purpose of incorporating the amendment
539 made by this act to section 812.014, Florida Statutes, in a
540 reference thereto, paragraph (g) of subsection (17) of section
541 409.910, Florida Statutes, is reenacted to read:
542 409.910 Responsibility for payments on behalf of Medicaid
543 eligible persons when other parties are liable.—
544 (17)
545 (g) The agency may investigate and request appropriate
546 officers or agencies of the state to investigate suspected
547 criminal violations or fraudulent activity related to third
548 party benefits, including, without limitation, ss. 414.39 and
549 812.014. Such requests may be directed, without limitation, to
550 the Medicaid Fraud Control Unit of the Office of the Attorney
551 General or to any state attorney. Pursuant to s. 409.913, the
552 Attorney General has primary responsibility to investigate and
553 control Medicaid fraud.
554 Section 8. For the purpose of incorporating the amendment
555 made by this act to section 812.014, Florida Statutes, in a
556 reference thereto, subsection (4) of section 489.126, Florida
557 Statutes, is reenacted to read:
558 489.126 Moneys received by contractors.—
559 (4) Any person who violates any provision of this section
560 is guilty of theft and shall be prosecuted and punished under s.
561 812.014.
562 Section 9. For the purpose of incorporating the amendment
563 made by this act to section 812.014, Florida Statutes, in a
564 reference thereto, subsection (10) of section 550.6305, Florida
565 Statutes, is reenacted to read:
566 550.6305 Intertrack wagering; guest track payments;
567 accounting rules.—
568 (10) All races or games conducted at a permitholder’s
569 facility, all broadcasts of such races or games, and all
570 broadcast rights relating thereto are owned by the permitholder
571 at whose facility such races or games are conducted and
572 constitute the permitholder’s property as defined in s.
573 812.012(4). Transmission, reception of a transmission,
574 exhibition, use, or other appropriation of such races or games,
575 broadcasts of such races or games, or broadcast rights relating
576 thereto without the written consent of the permitholder
577 constitutes a theft of such property under s. 812.014; and in
578 addition to the penal sanctions contained in s. 812.014, the
579 permitholder has the right to avail itself of the civil remedies
580 specified in ss. 772.104, 772.11, and 812.035 in addition to any
581 other remedies available under applicable state or federal law.
582 Section 10. For the purpose of incorporating the amendment
583 made by this act to section 812.014, Florida Statutes, in a
584 reference thereto, subsection (2) of section 627.743, Florida
585 Statutes, is reenacted to read:
586 627.743 Payment of third-party claims.—
587 (2) When making any payment on a third party claim for
588 damage to an automobile for a partial loss, the insurer shall
589 have printed on the loss estimate, if prepared by the insurer,
590 the following: “Failure to use the insurance proceeds in
591 accordance with the security agreement, if any, could be a
592 violation of s. 812.014, Florida Statutes. If you have any
593 questions, contact your lending institution.” However, this
594 subsection does not apply if the insurer does not prepare the
595 loss estimate.
596 Section 11. For the purpose of incorporating the amendment
597 made by this act to section 812.014, Florida Statutes, in a
598 reference thereto, subsection (2) of section 634.319, Florida
599 Statutes, is reenacted to read:
600 634.319 Reporting and accounting for funds.—
601 (2) Any sales representative who, not being entitled
602 thereto, diverts or appropriates such funds or any portion
603 thereof to her or his own use is, upon conviction, guilty of
604 theft, punishable as provided in s. 812.014.
605 Section 12. For the purpose of incorporating the amendment
606 made by this act to section 812.014, Florida Statutes, in a
607 reference thereto, subsection (2) of section 634.421, Florida
608 Statutes, is reenacted to read:
609 634.421 Reporting and accounting for funds.—
610 (2) Any sales representative who, not being entitled
611 thereto, diverts or appropriates funds or any portion thereof to
612 her or his own use commits theft as provided in s. 812.014.
613 Section 13. For the purpose of incorporating the amendment
614 made by this act to section 812.014, Florida Statutes, in a
615 reference thereto, subsection (3) of section 636.238, Florida
616 Statutes, is reenacted to read:
617 636.238 Penalties for violation of this part.—
618 (3) A person who collects fees for purported membership in
619 a discount plan but purposefully fails to provide the promised
620 benefits commits a theft, punishable as provided in s. 812.014.
621 Section 14. For the purpose of incorporating the amendment
622 made by this act to section 812.014, Florida Statutes, in a
623 reference thereto, subsection (2) of section 642.038, Florida
624 Statutes, is reenacted to read:
625 642.038 Reporting and accounting for funds.—
626 (2) Any sales representative who, not being entitled
627 thereto, diverts or appropriates such funds or any portion
628 thereof to his or her own use commits theft as provided in s.
629 812.014.
630 Section 15. For the purpose of incorporating the amendment
631 made by this act to section 812.014, Florida Statutes, in a
632 reference thereto, subsection (4) of section 705.102, Florida
633 Statutes, is reenacted to read:
634 705.102 Reporting lost or abandoned property.—
635 (4) Any person who unlawfully appropriates such lost or
636 abandoned property to his or her own use or refuses to deliver
637 such property when required commits theft as defined in s.
638 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
639 775.084.
640 Section 16. For the purpose of incorporating the amendment
641 made by this act to section 812.014, Florida Statutes, in a
642 reference thereto, paragraph (d) of subsection (1) of section
643 718.111, Florida Statutes, is reenacted to read:
644 718.111 The association.—
645 (1) CORPORATE ENTITY.—
646 (d) As required by s. 617.0830, an officer, director, or
647 agent shall discharge his or her duties in good faith, with the
648 care an ordinarily prudent person in a like position would
649 exercise under similar circumstances, and in a manner he or she
650 reasonably believes to be in the interests of the association.
651 An officer, director, or agent shall be liable for monetary
652 damages as provided in s. 617.0834 if such officer, director, or
653 agent breached or failed to perform his or her duties and the
654 breach of, or failure to perform, his or her duties constitutes
655 a violation of criminal law as provided in s. 617.0834;
656 constitutes a transaction from which the officer or director
657 derived an improper personal benefit, either directly or
658 indirectly; or constitutes recklessness or an act or omission
659 that was in bad faith, with malicious purpose, or in a manner
660 exhibiting wanton and willful disregard of human rights, safety,
661 or property. Forgery of a ballot envelope or voting certificate
662 used in a condominium association election is punishable as
663 provided in s. 831.01, the theft or embezzlement of funds of a
664 condominium association is punishable as provided in s. 812.014,
665 and the destruction of or the refusal to allow inspection or
666 copying of an official record of a condominium association that
667 is accessible to unit owners within the time periods required by
668 general law in furtherance of any crime is punishable as
669 tampering with physical evidence as provided in s. 918.13 or as
670 obstruction of justice as provided in chapter 843. An officer or
671 director charged by information or indictment with a crime
672 referenced in this paragraph must be removed from office, and
673 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
674 until the end of the officer’s or director’s period of
675 suspension or the end of his or her term of office, whichever
676 occurs first. If a criminal charge is pending against the
677 officer or director, he or she may not be appointed or elected
678 to a position as an officer or a director of any association and
679 may not have access to the official records of any association,
680 except pursuant to a court order. However, if the charges are
681 resolved without a finding of guilt, the officer or director
682 must be reinstated for the remainder of his or her term of
683 office, if any.
684 Section 17. For the purpose of incorporating the amendment
685 made by this act to section 812.014, Florida Statutes, in a
686 reference thereto, subsection (2) of section 812.015, Florida
687 Statutes, is reenacted to read:
688 812.015 Retail and farm theft; transit fare evasion;
689 mandatory fine; alternative punishment; detention and arrest;
690 exemption from liability for false arrest; resisting arrest;
691 penalties.—
692 (2) Upon a second or subsequent conviction for petit theft
693 from a merchant, farmer, or transit agency, the offender shall
694 be punished as provided in s. 812.014(3), except that the court
695 shall impose a fine of not less than $50 or more than $1,000.
696 However, in lieu of such fine, the court may require the
697 offender to perform public services designated by the court. In
698 no event shall any such offender be required to perform fewer
699 than the number of hours of public service necessary to satisfy
700 the fine assessed by the court, as provided by this subsection,
701 at the minimum wage prevailing in the state at the time of
702 sentencing.
703 Section 18. For the purpose of incorporating the amendment
704 made by this act to section 812.014, Florida Statutes, in
705 references thereto, subsections (1) and (2) of section 812.0155,
706 Florida Statutes, are reenacted to read:
707 812.0155 Suspension of driver license following an
708 adjudication of guilt for theft.—
709 (1) Except as provided in subsections (2) and (3), the
710 court may order the suspension of the driver license of each
711 person adjudicated guilty of any misdemeanor violation of s.
712 812.014 or s. 812.015, regardless of the value of the property
713 stolen. Upon ordering the suspension of the driver license of
714 the person adjudicated guilty, the court shall forward the
715 driver license of the person adjudicated guilty to the
716 Department of Highway Safety and Motor Vehicles in accordance
717 with s. 322.25.
718 (a) The first suspension of a driver license under this
719 subsection shall be for a period of up to 6 months.
720 (b) A second or subsequent suspension of a driver license
721 under this subsection shall be for 1 year.
722 (2) The court may revoke, suspend, or withhold issuance of
723 a driver license of a person less than 18 years of age who
724 violates s. 812.014 or s. 812.015 as an alternative to
725 sentencing the person to:
726 (a) Probation as defined in s. 985.03 or commitment to the
727 Department of Juvenile Justice, if the person is adjudicated
728 delinquent for such violation and has not previously been
729 convicted of or adjudicated delinquent for any criminal offense,
730 regardless of whether adjudication was withheld.
731 (b) Probation as defined in s. 985.03, commitment to the
732 Department of Juvenile Justice, probation as defined in chapter
733 948, community control, or incarceration, if the person is
734 convicted as an adult of such violation and has not previously
735 been convicted of or adjudicated delinquent for any criminal
736 offense, regardless of whether adjudication was withheld.
737 Section 19. For the purpose of incorporating the amendment
738 made by this act to section 812.014, Florida Statutes, in
739 references thereto, subsections (4), (7), and (8) of section
740 812.14, Florida Statutes, are reenacted to read:
741 812.14 Trespass and larceny with relation to utility
742 fixtures; theft of utility services.—
743 (4) A person who willfully violates subsection (2) commits
744 theft, punishable as provided in s. 812.014.
745 (7) An owner, lessor, or sublessor who willfully violates
746 subsection (5) commits a misdemeanor of the first degree,
747 punishable as provided in s. 775.082 or s. 775.083. Prosecution
748 for a violation of subsection (5) does not preclude prosecution
749 for theft pursuant to subsection (8) or s. 812.014.
750 (8) Theft of utility services for the purpose of
751 facilitating the manufacture of a controlled substance is theft,
752 punishable as provided in s. 812.014.
753 Section 20. For the purpose of incorporating the amendment
754 made by this act to section 812.014, Florida Statutes, in a
755 reference thereto, subsection (3) of section 893.138, Florida
756 Statutes, is reenacted to read:
757 893.138 Local administrative action to abate drug-related,
758 prostitution-related, or stolen-property-related public
759 nuisances and criminal gang activity.—
760 (3) Any pain-management clinic, as described in s. 458.3265
761 or s. 459.0137, which has been used on more than two occasions
762 within a 6-month period as the site of a violation of:
763 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
764 relating to assault and battery;
765 (b) Section 810.02, relating to burglary;
766 (c) Section 812.014, relating to theft;
767 (d) Section 812.131, relating to robbery by sudden
768 snatching; or
769 (e) Section 893.13, relating to the unlawful distribution
770 of controlled substances,
771
772 may be declared to be a public nuisance, and such nuisance may
773 be abated pursuant to the procedures provided in this section.
774 Section 21. For the purpose of incorporating the amendment
775 made by this act to section 812.014, Florida Statutes, in a
776 reference thereto, paragraph (a) of subsection (2) of section
777 932.701, Florida Statutes, is reenacted to read:
778 932.701 Short title; definitions.—
779 (2) As used in the Florida Contraband Forfeiture Act:
780 (a) “Contraband article” means:
781 1. Any controlled substance as defined in chapter 893 or
782 any substance, device, paraphernalia, or currency or other means
783 of exchange that was used, was attempted to be used, or was
784 intended to be used in violation of any provision of chapter
785 893, if the totality of the facts presented by the state is
786 clearly sufficient to meet the state’s burden of establishing
787 probable cause to believe that a nexus exists between the
788 article seized and the narcotics activity, whether or not the
789 use of the contraband article can be traced to a specific
790 narcotics transaction.
791 2. Any gambling paraphernalia, lottery tickets, money,
792 currency, or other means of exchange which was used, was
793 attempted, or intended to be used in violation of the gambling
794 laws of the state.
795 3. Any equipment, liquid or solid, which was being used, is
796 being used, was attempted to be used, or intended to be used in
797 violation of the beverage or tobacco laws of the state.
798 4. Any motor fuel upon which the motor fuel tax has not
799 been paid as required by law.
800 5. Any personal property, including, but not limited to,
801 any vessel, aircraft, item, object, tool, substance, device,
802 weapon, machine, vehicle of any kind, money, securities, books,
803 records, research, negotiable instruments, or currency, which
804 was used or was attempted to be used as an instrumentality in
805 the commission of, or in aiding or abetting in the commission
806 of, any felony, whether or not comprising an element of the
807 felony, or which is acquired by proceeds obtained as a result of
808 a violation of the Florida Contraband Forfeiture Act.
809 6. Any real property, including any right, title,
810 leasehold, or other interest in the whole of any lot or tract of
811 land, which was used, is being used, or was attempted to be used
812 as an instrumentality in the commission of, or in aiding or
813 abetting in the commission of, any felony, or which is acquired
814 by proceeds obtained as a result of a violation of the Florida
815 Contraband Forfeiture Act.
816 7. Any personal property, including, but not limited to,
817 equipment, money, securities, books, records, research,
818 negotiable instruments, currency, or any vessel, aircraft, item,
819 object, tool, substance, device, weapon, machine, or vehicle of
820 any kind in the possession of or belonging to any person who
821 takes aquaculture products in violation of s. 812.014(2)(c).
822 8. Any motor vehicle offered for sale in violation of s.
823 320.28.
824 9. Any motor vehicle used during the course of committing
825 an offense in violation of s. 322.34(9)(a).
826 10. Any photograph, film, or other recorded image,
827 including an image recorded on videotape, a compact disc,
828 digital tape, or fixed disk, that is recorded in violation of s.
829 810.145 and is possessed for the purpose of amusement,
830 entertainment, sexual arousal, gratification, or profit, or for
831 the purpose of degrading or abusing another person.
832 11. Any real property, including any right, title,
833 leasehold, or other interest in the whole of any lot or tract of
834 land, which is acquired by proceeds obtained as a result of
835 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
836 property, including, but not limited to, equipment, money,
837 securities, books, records, research, negotiable instruments, or
838 currency; or any vessel, aircraft, item, object, tool,
839 substance, device, weapon, machine, or vehicle of any kind in
840 the possession of or belonging to any person which is acquired
841 by proceeds obtained as a result of Medicaid fraud under s.
842 409.920 or s. 409.9201.
843 12. Any personal property, including, but not limited to,
844 any vehicle, item, object, tool, device, weapon, machine, money,
845 security, book, or record, that is used or attempted to be used
846 as an instrumentality in the commission of, or in aiding and
847 abetting in the commission of, a person’s third or subsequent
848 violation of s. 509.144, whether or not comprising an element of
849 the offense.
850 Section 22. For the purpose of incorporating the amendment
851 made by this act to section 812.014, Florida Statutes, in a
852 reference thereto, paragraph (b) of subsection (3) of section
853 943.051, Florida Statutes, is reenacted to read:
854 943.051 Criminal justice information; collection and
855 storage; fingerprinting.—
856 (3)
857 (b) A minor who is charged with or found to have committed
858 the following offenses shall be fingerprinted and the
859 fingerprints shall be submitted electronically to the
860 department, unless the minor is issued a civil citation pursuant
861 to s. 985.12:
862 1. Assault, as defined in s. 784.011.
863 2. Battery, as defined in s. 784.03.
864 3. Carrying a concealed weapon, as defined in s. 790.01(1).
865 4. Unlawful use of destructive devices or bombs, as defined
866 in s. 790.1615(1).
867 5. Neglect of a child, as defined in s. 827.03(1)(e).
868 6. Assault or battery on a law enforcement officer, a
869 firefighter, or other specified officers, as defined in s.
870 784.07(2)(a) and (b).
871 7. Open carrying of a weapon, as defined in s. 790.053.
872 8. Exposure of sexual organs, as defined in s. 800.03.
873 9. Unlawful possession of a firearm, as defined in s.
874 790.22(5).
875 10. Petit theft, as defined in s. 812.014(3).
876 11. Cruelty to animals, as defined in s. 828.12(1).
877 12. Arson, as defined in s. 806.031(1).
878 13. Unlawful possession or discharge of a weapon or firearm
879 at a school-sponsored event or on school property, as provided
880 in s. 790.115.
881 Section 23. For the purpose of incorporating the amendment
882 made by this act to section 812.014, Florida Statutes, in a
883 reference thereto, paragraph (b) of subsection (1) of section
884 985.11, Florida Statutes, is reenacted to read:
885 985.11 Fingerprinting and photographing.—
886 (1)
887 (b) Unless the child is issued a civil citation or is
888 participating in a similar diversion program pursuant to s.
889 985.12, a child who is charged with or found to have committed
890 one of the following offenses shall be fingerprinted, and the
891 fingerprints shall be submitted to the Department of Law
892 Enforcement as provided in s. 943.051(3)(b):
893 1. Assault, as defined in s. 784.011.
894 2. Battery, as defined in s. 784.03.
895 3. Carrying a concealed weapon, as defined in s. 790.01(1).
896 4. Unlawful use of destructive devices or bombs, as defined
897 in s. 790.1615(1).
898 5. Neglect of a child, as defined in s. 827.03(1)(e).
899 6. Assault on a law enforcement officer, a firefighter, or
900 other specified officers, as defined in s. 784.07(2)(a).
901 7. Open carrying of a weapon, as defined in s. 790.053.
902 8. Exposure of sexual organs, as defined in s. 800.03.
903 9. Unlawful possession of a firearm, as defined in s.
904 790.22(5).
905 10. Petit theft, as defined in s. 812.014.
906 11. Cruelty to animals, as defined in s. 828.12(1).
907 12. Arson, resulting in bodily harm to a firefighter, as
908 defined in s. 806.031(1).
909 13. Unlawful possession or discharge of a weapon or firearm
910 at a school-sponsored event or on school property as defined in
911 s. 790.115.
912
913 A law enforcement agency may fingerprint and photograph a child
914 taken into custody upon probable cause that such child has
915 committed any other violation of law, as the agency deems
916 appropriate. Such fingerprint records and photographs shall be
917 retained by the law enforcement agency in a separate file, and
918 these records and all copies thereof must be marked “Juvenile
919 Confidential.” These records are not available for public
920 disclosure and inspection under s. 119.07(1) except as provided
921 in ss. 943.053 and 985.04(2), but shall be available to other
922 law enforcement agencies, criminal justice agencies, state
923 attorneys, the courts, the child, the parents or legal
924 custodians of the child, their attorneys, and any other person
925 authorized by the court to have access to such records. In
926 addition, such records may be submitted to the Department of Law
927 Enforcement for inclusion in the state criminal history records
928 and used by criminal justice agencies for criminal justice
929 purposes. These records may, in the discretion of the court, be
930 open to inspection by anyone upon a showing of cause. The
931 fingerprint and photograph records shall be produced in the
932 court whenever directed by the court. Any photograph taken
933 pursuant to this section may be shown by a law enforcement
934 officer to any victim or witness of a crime for the purpose of
935 identifying the person who committed such crime.
936 Section 24. For the purpose of incorporating the amendment
937 made by this act to section 812.014, Florida Statutes, in
938 references thereto, paragraph (a) of subsection (1) and
939 paragraph (c) of subsection (2) of section 985.557, Florida
940 Statutes, are reenacted to read:
941 985.557 Direct filing of an information; discretionary and
942 mandatory criteria.—
943 (1) DISCRETIONARY DIRECT FILE.—
944 (a) With respect to any child who was 14 or 15 years of age
945 at the time the alleged offense was committed, the state
946 attorney may file an information when in the state attorney’s
947 judgment and discretion the public interest requires that adult
948 sanctions be considered or imposed and when the offense charged
949 is for the commission of, attempt to commit, or conspiracy to
950 commit:
951 1. Arson;
952 2. Sexual battery;
953 3. Robbery;
954 4. Kidnapping;
955 5. Aggravated child abuse;
956 6. Aggravated assault;
957 7. Aggravated stalking;
958 8. Murder;
959 9. Manslaughter;
960 10. Unlawful throwing, placing, or discharging of a
961 destructive device or bomb;
962 11. Armed burglary in violation of s. 810.02(2)(b) or
963 specified burglary of a dwelling or structure in violation of s.
964 810.02(2)(c), or burglary with an assault or battery in
965 violation of s. 810.02(2)(a);
966 12. Aggravated battery;
967 13. Any lewd or lascivious offense committed upon or in the
968 presence of a person less than 16 years of age;
969 14. Carrying, displaying, using, threatening, or attempting
970 to use a weapon or firearm during the commission of a felony;
971 15. Grand theft in violation of s. 812.014(2)(a);
972 16. Possessing or discharging any weapon or firearm on
973 school property in violation of s. 790.115;
974 17. Home invasion robbery;
975 18. Carjacking; or
976 19. Grand theft of a motor vehicle in violation of s.
977 812.014(2)(c)6. or grand theft of a motor vehicle valued at
978 $20,000 or more in violation of s. 812.014(2)(b) if the child
979 has a previous adjudication for grand theft of a motor vehicle
980 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
981 (2) MANDATORY DIRECT FILE.—
982 (c) The state attorney must file an information if a child,
983 regardless of the child’s age at the time the alleged offense
984 was committed, is alleged to have committed an act that would be
985 a violation of law if the child were an adult, that involves
986 stealing a motor vehicle, including, but not limited to, a
987 violation of s. 812.133, relating to carjacking, or s.
988 812.014(2)(c)6., relating to grand theft of a motor vehicle, and
989 while the child was in possession of the stolen motor vehicle
990 the child caused serious bodily injury to or the death of a
991 person who was not involved in the underlying offense. For
992 purposes of this section, the driver and all willing passengers
993 in the stolen motor vehicle at the time such serious bodily
994 injury or death is inflicted shall also be subject to mandatory
995 transfer to adult court. “Stolen motor vehicle,” for the
996 purposes of this section, means a motor vehicle that has been
997 the subject of any criminal wrongful taking. For purposes of
998 this section, “willing passengers” means all willing passengers
999 who have participated in the underlying offense.
1000 Section 25. For the purpose of incorporating the amendment
1001 made by this act to section 812.015, Florida Statutes, in a
1002 reference thereto, subsection (5) of section 538.09, Florida
1003 Statutes, is reenacted to read:
1004 538.09 Registration.—
1005 (5) In addition to the fine provided in subsection (4),
1006 registration under this section may be denied or any
1007 registration granted may be revoked, restricted, or suspended by
1008 the department if the department determines that the applicant
1009 or registrant:
1010 (a) Has violated any provision of this chapter or any rule
1011 or order made pursuant to this chapter;
1012 (b) Has made a material false statement in the application
1013 for registration;
1014 (c) Has been guilty of a fraudulent act in connection with
1015 any purchase or sale or has been or is engaged in or is about to
1016 engage in any practice, purchase, or sale which is fraudulent or
1017 in violation of the law;
1018 (d) Has made a misrepresentation or false statement to, or
1019 concealed any essential or material fact from, any person in
1020 making any purchase or sale;
1021 (e) Is making purchases or sales through any business
1022 associate not registered in compliance with the provisions of
1023 this chapter;
1024 (f) Has, within the preceding 10-year period for new
1025 registrants who apply for registration on or after October 1,
1026 2006, been convicted of, or has entered a plea of guilty or nolo
1027 contendere to, or had adjudication withheld for, a crime against
1028 the laws of this state or any other state or of the United
1029 States which relates to registration as a secondhand dealer or
1030 which involves theft, larceny, dealing in stolen property,
1031 receiving stolen property, burglary, embezzlement, obtaining
1032 property by false pretenses, possession of altered property, any
1033 felony drug offense, any violation of s. 812.015, or any
1034 fraudulent dealing;
1035 (g) Has had a final judgment entered against her or him in
1036 a civil action upon grounds of fraud, embezzlement,
1037 misrepresentation, or deceit; or
1038 (h) Has failed to pay any sales tax owed to the Department
1039 of Revenue.
1040
1041 In the event the department determines to deny an application or
1042 revoke a registration, it shall enter a final order with its
1043 findings on the register of secondhand dealers and their
1044 business associates, if any; and denial, suspension, or
1045 revocation of the registration of a secondhand dealer shall also
1046 deny, suspend, or revoke the registration of such secondhand
1047 dealer’s business associates.
1048 Section 26. For the purpose of incorporating the amendments
1049 made by this act to sections 812.014 and 812.015, Florida
1050 Statutes, in references thereto, subsection (2) of section
1051 538.23, Florida Statutes, is reenacted to read:
1052 538.23 Violations and penalties.—
1053 (2) A secondary metals recycler is presumed to know upon
1054 receipt of stolen regulated metals property in a purchase
1055 transaction that the regulated metals property has been stolen
1056 from another if the secondary metals recycler knowingly and
1057 intentionally fails to maintain the information required in s.
1058 538.19 and shall, upon conviction of a violation of s. 812.015,
1059 be punished as provided in s. 812.014(2) or (3).
1060 Section 27. For the purpose of incorporating the amendments
1061 made by this act to sections 812.014 and 812.015, Florida
1062 Statutes, in references thereto, subsection (2) of section
1063 812.0155, Florida Statutes, is reenacted to read:
1064 812.0155 Suspension of driver license following an
1065 adjudication of guilt for theft.—
1066 (2) The court may revoke, suspend, or withhold issuance of
1067 a driver license of a person less than 18 years of age who
1068 violates s. 812.014 or s. 812.015 as an alternative to
1069 sentencing the person to:
1070 (a) Probation as defined in s. 985.03 or commitment to the
1071 Department of Juvenile Justice, if the person is adjudicated
1072 delinquent for such violation and has not previously been
1073 convicted of or adjudicated delinquent for any criminal offense,
1074 regardless of whether adjudication was withheld.
1075 (b) Probation as defined in s. 985.03, commitment to the
1076 Department of Juvenile Justice, probation as defined in chapter
1077 948, community control, or incarceration, if the person is
1078 convicted as an adult of such violation and has not previously
1079 been convicted of or adjudicated delinquent for any criminal
1080 offense, regardless of whether adjudication was withheld.
1081 Section 28. This act shall take effect October 1, 2019.
