Bill Text: FL S0714 | 2016 | Regular Session | Introduced
Bill Title: Theft
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Criminal Justice [S0714 Detail]
Download: Florida-2016-S0714-Introduced.html
Florida Senate - 2016 SB 714
By Senator Joyner
19-00750-16 2016714__
1 A bill to be entitled
2 An act relating to theft; amending s. 812.014, F.S.;
3 increasing the minimum monetary value that must be
4 attributed to certain property for the theft of such
5 property to reach the threshold for prosecution as a
6 felony of the third degree or a misdemeanor of the
7 first degree, under specified circumstances;
8 authorizing a law enforcement officer who has probable
9 cause to believe that an offender has committed retail
10 theft to issue a notice to appear in lieu of arresting
11 the offender under certain circumstances; authorizing
12 a state attorney to establish a retail theft diversion
13 program for the purpose of diverting offenders from
14 criminal prosecution if the offender meets certain
15 criteria; providing eligibility criteria for
16 participation in a retail theft diversion program;
17 requiring the state attorney to mail a notice to
18 appear to an offender upon referral to a diversion
19 program; requiring each participant in the retail
20 theft diversion program to complete specified
21 conditions; providing that an offender may be
22 prosecuted for the retail theft if all conditions of
23 the diversion program are not fulfilled; authorizing a
24 state attorney to collect a fee from each participant
25 in the program; setting a limit on the fee for each
26 offender; amending s. 812.015, F.S.; increasing the
27 minimum monetary value that must be attributed to
28 retail property for the theft of such property to
29 reach the threshold amount for prosecution as a felony
30 of the third degree; amending s. 921.0022, F.S.;
31 conforming provisions to changes made by the act;
32 reenacting s. 943.051(3)(b), F.S., relating to the
33 Criminal Justice Information Program, to incorporate
34 the amendment made to s. 812.014, F.S., in a reference
35 thereto; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (2) of section 812.014, Florida
40 Statutes, is amended, paragraph (a) of subsection (3) of that
41 section is republished, and paragraphs (e) and (f) are added to
42 that subsection, to read:
43 812.014 Theft.—
44 (2)(a)1. If the property stolen is valued at $100,000 or
45 more or is a semitrailer that was deployed by a law enforcement
46 officer; or
47 2. If the property stolen is cargo valued at $50,000 or
48 more that has entered the stream of interstate or intrastate
49 commerce from the shipper’s loading platform to the consignee’s
50 receiving dock; or
51 3. If the offender commits any grand theft and:
52 a. In the course of committing the offense the offender
53 uses a motor vehicle as an instrumentality, other than merely as
54 a getaway vehicle, to assist in committing the offense and
55 thereby damages the real property of another; or
56 b. In the course of committing the offense the offender
57 causes damage to the real or personal property of another in
58 excess of $1,000,
59
60 the offender commits grand theft in the first degree, punishable
61 as a felony of the first degree, as provided in s. 775.082, s.
62 775.083, or s. 775.084.
63 (b)1. If the property stolen is valued at $20,000 or more,
64 but less than $100,000;
65 2. The property stolen is cargo valued at less than $50,000
66 which that has entered the stream of interstate or intrastate
67 commerce from the shipper’s loading platform to the consignee’s
68 receiving dock;
69 3. The property stolen is emergency medical equipment,
70 valued at $300 or more, which that is taken from a facility
71 licensed under chapter 395 or from an aircraft or vehicle
72 permitted under chapter 401; or
73 4. The property stolen is law enforcement equipment, valued
74 at $300 or more, which that is taken from an authorized
75 emergency vehicle, as defined in s. 316.003,
76
77 the offender commits grand theft in the second degree,
78 punishable as a felony of the second degree, as provided in s.
79 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
80 means mechanical or electronic apparatus used to provide
81 emergency services and care as defined in s. 395.002(9) or to
82 treat medical emergencies. Law enforcement equipment means any
83 property, device, or apparatus used by any law enforcement
84 officer as defined in s. 943.10 in the officer’s official
85 business. However, if the property is stolen within a county
86 that is subject to a state of emergency declared by the Governor
87 under chapter 252, the theft is committed after the declaration
88 of emergency is made, and the perpetration of the theft is
89 facilitated by conditions arising from the emergency, the theft
90 is a felony of the first degree, punishable as provided in s.
91 775.082, s. 775.083, or s. 775.084. As used in this paragraph,
92 the term “conditions arising from the emergency” means civil
93 unrest, power outages, curfews, voluntary or mandatory
94 evacuations, or a reduction in the presence of or response time
95 for first responders or homeland security personnel. For
96 purposes of sentencing under chapter 921, a felony offense that
97 is reclassified under this paragraph is ranked one level above
98 the ranking under s. 921.0022 or s. 921.0023 of the offense
99 committed.
100 (c) It is grand theft of the third degree and a felony of
101 the third degree, punishable as provided in s. 775.082, s.
102 775.083, or s. 775.084, if the property stolen is:
103 1. Valued at $1,000 $300 or more, but less than $5,000.
104 2. Valued at $5,000 or more, but less than $10,000.
105 3. Valued at $10,000 or more, but less than $20,000.
106 4. A will, codicil, or other testamentary instrument.
107 5. A firearm.
108 6. A motor vehicle, except as provided in paragraph (a).
109 7. Any commercially farmed animal, including any animal of
110 the equine, bovine, or swine class or other grazing animal; a
111 bee colony of a registered beekeeper; and aquaculture species
112 raised at a certified aquaculture facility. If the property
113 stolen is aquaculture species raised at a certified aquaculture
114 facility, then a $10,000 fine shall be imposed.
115 8. Any fire extinguisher.
116 9. Any amount of citrus fruit consisting of 2,000 or more
117 individual pieces of fruit.
118 10. Taken from a designated construction site identified by
119 the posting of a sign as provided for in s. 810.09(2)(d).
120 11. Any stop sign.
121 12. Anhydrous ammonia.
122 13. Any amount of a controlled substance as defined in s.
123 893.02. Notwithstanding any other law, separate judgments and
124 sentences for theft of a controlled substance under this
125 subparagraph and for any applicable possession of controlled
126 substance offense under s. 893.13 or trafficking in controlled
127 substance offense under s. 893.135 may be imposed when all such
128 offenses involve the same amount or amounts of a controlled
129 substance.
130
131 However, if the property is stolen within a county that is
132 subject to a state of emergency declared by the Governor under
133 chapter 252, the property is stolen after the declaration of
134 emergency is made, and the perpetration of the theft is
135 facilitated by conditions arising from the emergency, the
136 offender commits a felony of the second degree, punishable as
137 provided in s. 775.082, s. 775.083, or s. 775.084, if the
138 property is valued at $5,000 or more, but less than $10,000, as
139 provided under subparagraph 2., or if the property is valued at
140 $10,000 or more, but less than $20,000, as provided under
141 subparagraph 3. As used in this paragraph, the term “conditions
142 arising from the emergency” means civil unrest, power outages,
143 curfews, voluntary or mandatory evacuations, or a reduction in
144 the presence of or the response time for first responders or
145 homeland security personnel. For purposes of sentencing under
146 chapter 921, a felony offense that is reclassified under this
147 paragraph is ranked one level above the ranking under s.
148 921.0022 or s. 921.0023 of the offense committed.
149 (d) It is grand theft of the third degree and a felony of
150 the third degree, punishable as provided in s. 775.082, s.
151 775.083, or s. 775.084, if the property stolen is valued at $600
152 $100 or more, but less than $1,000 $300, and is taken from a
153 dwelling as defined in s. 810.011(2) or from the unenclosed
154 curtilage of a dwelling pursuant to s. 810.09(1).
155 (e) Except as provided in paragraph (d), if the property
156 stolen is valued at $600 $100 or more, but less than $1,000
157 $300, the offender commits petit theft of the first degree,
158 punishable as a misdemeanor of the first degree, as provided in
159 s. 775.082 or s. 775.083.
160 (3)(a) Theft of any property not specified in subsection
161 (2) is petit theft of the second degree and a misdemeanor of the
162 second degree, punishable as provided in s. 775.082 or s.
163 775.083, and as provided in subsection (5), as applicable.
164 (e) If a law enforcement officer has probable cause to
165 believe that a person has committed retail theft as defined in
166 s. 812.015(1), the officer may issue a notice to appear in lieu
167 of arresting the offender if the aggregate value of the
168 merchandise stolen is less than $1,000 and the offender has no
169 previous criminal convictions. The officer may lawfully detain
170 the offender until the offender’s identity and criminal history
171 have been provided to the officer to allow him or her to make an
172 informed decision regarding whether to issue the notice to
173 appear in lieu of arrest.
174 (f) A state attorney may establish a retail theft diversion
175 program in the state attorney’s office or may use an independent
176 contractor for the purpose of diverting from prosecution
177 offenders who meet the criteria set forth in paragraph (e).
178 However, the establishment and operation of a diversion program
179 does not supersede the authority of the state attorney to
180 prosecute an offender for committing retail theft.
181 1. Upon receipt of a complaint or notice to appear alleging
182 the crime of retail theft, a state attorney who operates a
183 retail theft diversion program shall determine whether the
184 offender is eligible for referral to the retail theft diversion
185 program. In making such a determination, the state attorney
186 shall consider:
187 a. The value of the merchandise stolen in the retail theft;
188 b. The existence of other pending complaints or criminal
189 charges against the offender;
190 c. The strength of the evidence of the retail theft; and
191 d. The victim’s input.
192 2. Upon referral of the offender to the retail theft
193 diversion program, the state attorney shall mail a copy of the
194 notice to appear to the offender. The notice must contain:
195 a. The date and location of the alleged retail theft;
196 b. The date before which the offender must contact the
197 retail theft diversion program concerning the notice to appear;
198 and
199 c. A statement of the maximum penalty for the retail theft.
200 3. If the state attorney allows the offender to enter the
201 retail theft diversion program, the state attorney shall enter
202 into a written agreement with the offender to divert him or her
203 from prosecution for retail theft. The diversion agreement must
204 include all of the following conditions, which must be accepted
205 by the offender:
206 a. Attendance and proof of completion of a program designed
207 to assist, educate, and prevent future unlawful conduct by the
208 offender;
209 b. Full restitution of the value of the retail theft, if a
210 value is established;
211 c. Full payment of fees due under subparagraph 5.; and
212 d. A knowing and intelligent waiver of his or her right to
213 a speedy trial for the period of his or her diversion.
214 4. An offender who does not fulfill all of the conditions
215 imposed under subparagraph 3. may be prosecuted for the crime of
216 retail theft.
217 5. The state attorney may collect a fee from each
218 participating offender to fund the retail theft diversion
219 program. The fee may not exceed $250.
220 Section 2. Subsection (8) of section 812.015, Florida
221 Statutes, is amended, and subsection (9) of that section is
222 republished, to read:
223 812.015 Retail and farm theft; transit fare evasion;
224 mandatory fine; alternative punishment; detention and arrest;
225 exemption from liability for false arrest; resisting arrest;
226 penalties.—
227 (8) Except as provided in subsection (9), a person who
228 commits retail theft commits a felony of the third degree,
229 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
230 if the property stolen is valued at $1,000 $300 or more, and the
231 person:
232 (a) Individually, or in concert with one or more other
233 persons, coordinates the activities of one or more individuals
234 in committing the offense, in which case the amount of each
235 individual theft is aggregated to determine the value of the
236 property stolen;
237 (b) Commits theft from more than one location within a 48
238 hour period, in which case the amount of each individual theft
239 is aggregated to determine the value of the property stolen;
240 (c) Acts in concert with one or more other individuals
241 within one or more establishments to distract the merchant,
242 merchant’s employee, or law enforcement officer in order to
243 carry out the offense, or acts in other ways to coordinate
244 efforts to carry out the offense; or
245 (d) Commits the offense through the purchase of merchandise
246 in a package or box that contains merchandise other than, or in
247 addition to, the merchandise purported to be contained in the
248 package or box.
249 (9) A person commits a felony of the second degree,
250 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
251 if the person:
252 (a) Violates subsection (8) and has previously been
253 convicted of a violation of subsection (8); or
254 (b) Individually, or in concert with one or more other
255 persons, coordinates the activities of one or more persons in
256 committing the offense of retail theft where the stolen property
257 has a value in excess of $3,000.
258 Section 3. Paragraphs (b) and (e) of subsection (3) of
259 section 921.0022, Florida Statutes, are amended to read:
260 921.0022 Criminal Punishment Code; offense severity ranking
261 chart.—
262 (3) OFFENSE SEVERITY RANKING CHART
263 (b) LEVEL 2
264
265 FloridaStatute FelonyDegree Description
266 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
267 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
268 403.413(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.
269 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
270 590.28(1) 3rd Intentional burning of lands.
271 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
272 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
273 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
274 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
275 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
276 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
277 812.014(2)(d) 3rd Grand theft, 3rd degree; $600 $100 or more but less than $1,000 $300, taken from unenclosed curtilage of dwelling.
278 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
279 817.234(1)(a)2. 3rd False statement in support of insurance claim.
280 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
281 817.52(3) 3rd Failure to redeliver hired vehicle.
282 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
283 817.60(5) 3rd Dealing in credit cards of another.
284 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
285 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
286 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
287 831.01 3rd Forgery.
288 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
289 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
290 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
291 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
292 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
293 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
294 843.08 3rd False personation.
295 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
296 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
297 (e) LEVEL 5
298
299 FloridaStatute FelonyDegree Description
300 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
301 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
302 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
303 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
304 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
305 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
306 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
307 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
308 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
309 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
310 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
311 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
312 790.01(2) 3rd Carrying a concealed firearm.
313 790.162 2nd Threat to throw or discharge destructive device.
314 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
315 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
316 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
317 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
318 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
319 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
320 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
321 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
322 812.015(8) 3rd Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
323 812.019(1) 2nd Stolen property; dealing in or trafficking in.
324 812.131(2)(b) 3rd Robbery by sudden snatching.
325 812.16(2) 3rd Owning, operating, or conducting a chop shop.
326 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
327 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
328 817.2341(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.
329 817.568(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.
330 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
331 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
332 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
333 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
334 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
335 843.01 3rd Resist officer with violence to person; resist arrest with violence.
336 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
337 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
338 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
339 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
340 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
341 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
342 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
343 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
344 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
345 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
346 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
347 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
348 Section 4. For the purpose of incorporating the amendment
349 made by this act to section 812.014, Florida Statutes, in a
350 reference thereto, paragraph (b) of subsection (3) of section
351 943.051, Florida Statutes, is reenacted to read:
352 943.051 Criminal justice information; collection and
353 storage; fingerprinting.—
354 (3)
355 (b) A minor who is charged with or found to have committed
356 the following offenses shall be fingerprinted and the
357 fingerprints shall be submitted electronically to the
358 department, unless the minor is issued a civil citation pursuant
359 to s. 985.12:
360 1. Assault, as defined in s. 784.011.
361 2. Battery, as defined in s. 784.03.
362 3. Carrying a concealed weapon, as defined in s. 790.01(1).
363 4. Unlawful use of destructive devices or bombs, as defined
364 in s. 790.1615(1).
365 5. Neglect of a child, as defined in s. 827.03(1)(e).
366 6. Assault or battery on a law enforcement officer, a
367 firefighter, or other specified officers, as defined in s.
368 784.07(2)(a) and (b).
369 7. Open carrying of a weapon, as defined in s. 790.053.
370 8. Exposure of sexual organs, as defined in s. 800.03.
371 9. Unlawful possession of a firearm, as defined in s.
372 790.22(5).
373 10. Petit theft, as defined in s. 812.014(3).
374 11. Cruelty to animals, as defined in s. 828.12(1).
375 12. Arson, as defined in s. 806.031(1).
376 13. Unlawful possession or discharge of a weapon or firearm
377 at a school-sponsored event or on school property, as provided
378 in s. 790.115.
379 Section 5. This act shall take effect July 1, 2016.
