Bill Text: FL S1040 | 2018 | Regular Session | Introduced
Bill Title: Retail Theft
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1040 Detail]
Download: Florida-2018-S1040-Introduced.html
Florida Senate - 2018 SB 1040
By Senator Baxley
12-01371-18 20181040__
1 A bill to be entitled
2 An act relating to retail theft; amending s. 812.015,
3 F.S.; revising requirements for aggregation of retail
4 thefts that constitute a higher degree of offense;
5 amending s. 812.019, F.S.; prohibiting specified acts
6 involving merchandise or a stored value card obtained
7 from a fraudulent return; reenacting s.
8 921.0022(3)(e), F.S., relating to level 5 of the
9 offense severity ranking chart; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (8) of section 812.015, Florida
15 Statutes, is amended, and subsection (9) of that section is
16 republished, to read:
17 812.015 Retail and farm theft; transit fare evasion;
18 mandatory fine; alternative punishment; detention and arrest;
19 exemption from liability for false arrest; resisting arrest;
20 penalties.—
21 (8) Except as provided in subsection (9), a person who
22 commits retail theft commits a felony of the third degree,
23 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
24 if the property stolen is valued at $300 or more, and the
25 person:
26 (a) Individually, or in concert with one or more other
27 persons, coordinates the activities of one or more individuals
28 in committing the offense, in which case the amount of each
29 individual theft is aggregated to determine the value of the
30 property stolen;
31 (b) Individually, or in concert with one or more other
32 persons, commits theft of any merchandise from one or more
33 locations over a 90-day period with an aggregate value of more
34 than $1,000 Commits theft from more than one location within a
35 48-hour period, in which case the amount of each individual
36 theft is aggregated to determine the value of the property
37 stolen;
38 (c) Acts in concert with one or more other individuals
39 within one or more establishments to distract the merchant,
40 merchant’s employee, or law enforcement officer in order to
41 carry out the offense, or acts in other ways to coordinate
42 efforts to carry out the offense; or
43 (d) Commits the offense through the purchase of merchandise
44 in a package or box that contains merchandise other than, or in
45 addition to, the merchandise purported to be contained in the
46 package or box.
47 (9) A person commits a felony of the second degree,
48 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
49 if the person:
50 (a) Violates subsection (8) and has previously been
51 convicted of a violation of subsection (8); or
52 (b) Individually, or in concert with one or more other
53 persons, coordinates the activities of one or more persons in
54 committing the offense of retail theft where the stolen property
55 has a value in excess of $3,000.
56 Section 2. Subsection (3) is added to section 812.019,
57 Florida Statutes, to read:
58 812.019 Dealing in stolen property.—
59 (3) Any person who receives, possesses, or purchases any
60 merchandise or stored value card obtained from a fraudulent
61 return with the knowledge that the merchandise or stored value
62 card was obtained in violation of s. 812.015 commits a felony of
63 the third degree, punishable as provided in ss. 775.082,
64 775.083, and 775.084.
65 Section 3. For the purpose of incorporating the amendment
66 made by this act to section 812.015, Florida Statutes, in a
67 reference thereto, paragraph (e) of subsection (3) of section
68 921.0022, Florida Statutes, is reenacted to read:
69 921.0022 Criminal Punishment Code; offense severity ranking
70 chart.—
71 (3) OFFENSE SEVERITY RANKING CHART
72 (e) LEVEL 5
73
74 FloridaStatute FelonyDegree Description
75 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
76 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
77 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
78 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
79 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
80 379.365(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.
81 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
82 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
83 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
84 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
85 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
86 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
87 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
88 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
89 790.01(2) 3rd Carrying a concealed firearm.
90 790.162 2nd Threat to throw or discharge destructive device.
91 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
92 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
93 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
94 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
95 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
96 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
97 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
98 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
99 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
100 812.019(1) 2nd Stolen property; dealing in or trafficking in.
101 812.131(2)(b) 3rd Robbery by sudden snatching.
102 812.16(2) 3rd Owning, operating, or conducting a chop shop.
103 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
104 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
105 817.2341(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.
106 817.568(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.
107 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
108 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
109 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
110 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
111 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
112 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
113 843.01 3rd Resist officer with violence to person; resist arrest with violence.
114 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
115 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
116 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
117 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
118 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
119 893.13(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).
120 893.13(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.
121 893.13(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.
122 893.13(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.
123 893.13(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.
124 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
125 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
126 Section 4. This act shall take effect July 1, 2018.
