Bill Text: FL S0824 | 2024 | Regular Session | Introduced

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Bill Title: Retail Theft

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0824 Detail]

Download: Florida-2024-S0824-Introduced.html

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       Florida Senate - 2024                                     SB 824
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01052-24                                            2024824__
    1                        A bill to be entitled                      
    2         An act relating to retail theft; amending s. 812.015,
    3         F.S.; defining the term “social media platform”;
    4         revising the minimum number of thefts required within
    5         a specified aggregation period required to commit a
    6         specified violation for retail theft; prohibiting a
    7         person from committing retail theft with a specified
    8         number of other persons for a specified purpose;
    9         providing criminal penalties; revising the number of
   10         thefts required within a specified aggregation period
   11         required to commit a specified violation for retail
   12         theft; prohibiting a person from committing retail
   13         theft with a specific number of other persons for a
   14         specified purpose when such person uses a social media
   15         platform to solicit the participation of other
   16         persons; providing criminal penalties; requiring a
   17         court to order a person convicted of retail theft to
   18         pay specified restitution; amending s. 784.07, F.S.;
   19         correcting a cross-reference; amending s. 921.0022,
   20         F.S.; ranking offenses on the offense severity ranking
   21         chart of the Criminal Punishment Code; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Present subsection (11) of section 812.015,
   27  Florida Statutes, is renumbered as subsection (12), subsection
   28  (1) is amended, paragraphs (e) and (f) of subsection (8) and
   29  paragraphs (c) and (d) of subsection (9) are amended, paragraph
   30  (g) is added to subsection (8) and paragraph (e) is added to
   31  subsection (9), and a new subsection (11) is added to that
   32  section, to read:
   33         812.015 Retail and farm theft; transit fare evasion;
   34  mandatory fine; alternative punishment; detention and arrest;
   35  exemption from liability for false arrest; resisting arrest;
   36  penalties.—
   37         (1) As used in this section, the term:
   38         (g)(a) “Merchandise” means any personal property, capable
   39  of manual delivery, displayed, held, or offered for retail sale
   40  by a merchant.
   41         (h)(b) “Merchant” means an owner or operator, or the agent,
   42  consignee, employee, lessee, or officer of an owner or operator,
   43  of any premises or apparatus used for retail purchase or sale of
   44  any merchandise.
   45         (n)(c) “Value of merchandise” means the sale price of the
   46  merchandise at the time it was stolen or otherwise removed,
   47  depriving the owner of her or his lawful right to ownership and
   48  sale of said item.
   49         (i)(d) “Retail theft” means the taking possession of or
   50  carrying away of merchandise, property, money, or negotiable
   51  documents; altering or removing a label, universal product code,
   52  or price tag; transferring merchandise from one container to
   53  another; or removing a shopping cart, with intent to deprive the
   54  merchant of possession, use, benefit, or full retail value.
   55         (d)(e) “Farm produce” means livestock or any item grown,
   56  produced, or manufactured by a person owning, renting, or
   57  leasing land for the purpose of growing, producing, or
   58  manufacturing items for sale or personal use, either part time
   59  or full time.
   60         (c)(f) “Farmer” means a person who is engaging in the
   61  growing or producing of farm produce, milk products, honey,
   62  eggs, or meat, either part time or full time, for personal
   63  consumption or for sale and who is the owner or lessee of the
   64  land or a person designated in writing by the owner or lessee to
   65  act as her or his agent. No person defined as a farm labor
   66  contractor pursuant to s. 450.28 shall be designated to act as
   67  an agent for purposes of this section.
   68         (e)(g) “Farm theft” means the unlawful taking possession of
   69  any items that are grown or produced on land owned, rented, or
   70  leased by another person. The term includes the unlawful taking
   71  possession of equipment and associated materials used to grow or
   72  produce farm products as defined in s. 823.14(3)(e).
   73         (a)(h) “Antishoplifting or inventory control device” means
   74  a mechanism or other device designed and operated for the
   75  purpose of detecting the removal from a mercantile establishment
   76  or similar enclosure, or from a protected area within such an
   77  enclosure, of specially marked or tagged merchandise. The term
   78  includes any electronic or digital imaging or any video
   79  recording or other film used for security purposes and the cash
   80  register tape or other record made of the register receipt.
   81         (b)(i) “Antishoplifting or inventory control device
   82  countermeasure” means any item or device which is designed,
   83  manufactured, modified, or altered to defeat any antishoplifting
   84  or inventory control device.
   85         (l)(j) “Transit fare evasion” means the unlawful refusal to
   86  pay the appropriate fare for transportation upon a mass transit
   87  vehicle, or to evade the payment of such fare, or to enter any
   88  mass transit vehicle or facility by any door, passageway, or
   89  gate, except as provided for the entry of fare-paying
   90  passengers, and shall constitute petit theft as proscribed by
   91  this chapter.
   92         (f)(k) “Mass transit vehicle” means buses, rail cars, or
   93  fixed-guideway mover systems operated by, or under contract to,
   94  state agencies, political subdivisions of the state, or
   95  municipalities for the transportation of fare-paying passengers.
   96         (k)(l) “Transit agency” means any state agency, political
   97  subdivision of the state, or municipality which operates mass
   98  transit vehicles.
   99         (m) “Trespass” means the violation as described in s.
  100  810.08.
  101         (j) “Social media platform” has the same meaning as in s.
  102  501.2041(1).
  103         (8) Except as provided in subsection (9), a person who
  104  commits retail theft commits a felony of the third degree,
  105  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  106  if the person:
  107         (e) Commits the offense through the purchase of merchandise
  108  in a package or box that contains merchandise other than, or in
  109  addition to, the merchandise purported to be contained in the
  110  package or box and such value is $750 or more; or
  111         (f) Individually, or in concert with 1 or more other
  112  persons, commits 3 5 or more retail thefts within a 365-day 30
  113  day period and in committing such thefts obtains or uses 10 or
  114  more items of merchandise, and the number of items stolen during
  115  each theft is aggregated within the 365-day 30-day period to
  116  determine the total number of items stolen, regardless of the
  117  value of such merchandise, and 2 or more of the thefts occur at
  118  different physical merchant locations; or
  119         (g) Acts in concert with five or more other persons within
  120  one or more establishments for the purpose of overwhelming the
  121  response of a merchant, a merchant’s employee, or a law
  122  enforcement officer in order to carry out the offense or avoid
  123  detection or apprehension for the offense.
  124         (9) A person commits a felony of the second degree,
  125  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  126  if the person:
  127         (c) Conspires with another person to commit retail theft
  128  with the intent to sell the stolen property for monetary or
  129  other gain, and subsequently takes or causes such property to be
  130  placed in control of another person in exchange for
  131  consideration, in which the stolen property taken or placed
  132  within a 30-day period is aggregated to have a value in excess
  133  of $3,000; or
  134         (d) Individually, or in concert with 1 or more other
  135  persons, commits 3 5 or more retail thefts within a 365-day 30
  136  day period and in committing such thefts obtains or uses 20 or
  137  more items of merchandise, and the number of items stolen during
  138  each theft is aggregated within the 365-day 30-day period to
  139  determine the total number of items stolen, regardless of the
  140  value of such merchandise, and 2 or more of the thefts occur at
  141  a different physical retail merchant location; or
  142         (e) Acts in concert with five or more other persons within
  143  one or more establishments for the purpose of overwhelming the
  144  response of a merchant, a merchant’s employee, or a law
  145  enforcement officer in order to carry out the offense or avoid
  146  detection or apprehension for the offense and, in the course of
  147  organizing or committing the offense, solicits the participation
  148  of another person in the offense through the use of a social
  149  media platform.
  150         (11) A court must order a person convicted of violating
  151  this section to pay restitution, which must include the value of
  152  merchandise that was damaged or stolen and the cost of repairing
  153  or replacing any other property that was damaged in the course
  154  of committing the offense.
  155         Section 2. Paragraph (f) of subsection (1) of section
  156  784.07, Florida Statutes, is amended to read:
  157         784.07 Assault or battery of law enforcement officers and
  158  other specified personnel; reclassification of offenses; minimum
  159  sentences.—
  160         (1) As used in this section, the term:
  161         (f) “Public transit employees or agents” means bus
  162  operators, train operators, revenue collectors, security
  163  personnel, equipment maintenance personnel, or field
  164  supervisors, who are employees or agents of a transit agency as
  165  described in s. 812.015(1) s. 812.015(1)(l).
  166         Section 3. Paragraphs (e) and (f) of subsection (3) of
  167  section 921.0022, Florida Statutes, are amended to read:
  168         921.0022 Criminal Punishment Code; offense severity ranking
  169  chart.—
  170         (3) OFFENSE SEVERITY RANKING CHART
  171         (e) LEVEL 5
  172  
  173  FloridaStatute    FelonyDegree           Description            
  174  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  175  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  176  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  177  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  178  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  179  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.
  180  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  181  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  182  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  183  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  184  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  185  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  186  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  187  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  188  790.01(3)            3rd   Unlawful carrying of a concealed firearm.
  189  790.162              2nd   Threat to throw or discharge destructive device.
  190  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  191  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  192  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  193  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  194  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  195  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  196  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  197  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  198  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  199  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
  200  812.015(8)(g)        3rd   Retail theft; committed with specified number of other persons.
  201  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  202  812.081(3)           2nd   Trafficking in trade secrets.     
  203  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  204  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  205  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  206  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  207  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.
  208  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.
  209  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  210  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  211  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  212  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  213  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  214  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  215  836.14(4)            2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  216  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.
  217  843.01(1)            3rd   Resist officer with violence to person; resist arrest with violence.
  218  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  219  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  220  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  221  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  222  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  223  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).
  224  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.
  225  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.
  226  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.
  227  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.
  228  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  229  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  230         (f) LEVEL 6
  231  
  232  FloridaStatute    FelonyDegree           Description            
  233  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  234  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  235  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  236  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  237  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  238  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  239  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  240  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  241  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  242  784.041              3rd   Felony battery; domestic battery by strangulation.
  243  784.048(3)           3rd   Aggravated stalking; credible threat.
  244  784.048(5)           3rd   Aggravated stalking of person under 16.
  245  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  246  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  247  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  248  784.081(2)           2nd   Aggravated assault on specified official or employee.
  249  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  250  784.083(2)           2nd   Aggravated assault on code inspector.
  251  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  252  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  253  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  254  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.
  255  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  256  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  257  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  258  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.
  259  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  260  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  261  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  262  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  263  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  264  812.014(2)(c)5.      3rd   Grand theft; third degree; firearm.
  265  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  266  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  267  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  268  812.015(9)(d)        2nd   Retail theft; multiple thefts within specified period.
  269  812.015(9)(e)        2nd   Retail theft; committed with specified number of other persons and use of social media platform.
  270  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  271  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  272  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  273  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  274  817.5695(3)(b)       2nd   Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
  275  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  276  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  277  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  278  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  279  827.03(2)(c)         3rd   Abuse of a child.                 
  280  827.03(2)(d)         3rd   Neglect of a child.               
  281  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  282  828.126(3)           3rd   Sexual activities involving animals.
  283  836.05               2nd   Threats; extortion.               
  284  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  285  843.12               3rd   Aids or assists person to escape. 
  286  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  287  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  288  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  289  893.131              2nd   Distribution of controlled substances resulting in overdose or serious bodily injury.
  290  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  291  918.13(2)(b)         2nd   Tampering with or fabricating physical evidence relating to a capital felony.
  292  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.
  293  944.40               2nd   Escapes.                          
  294  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  295  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  296  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  297         Section 4. This act shall take effect October 1, 2024.