Bill Text: FL S1534 | 2022 | Regular Session | Enrolled
Bill Title: Retail Theft
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Enrolled - Dead) 2022-06-03 - Signed by Officers and presented to Governor [S1534 Detail]
Download: Florida-2022-S1534-Enrolled.html
ENROLLED
2022 Legislature CS for SB 1534
20221534er
1
2 An act relating to retail theft; amending s. 812.015,
3 F.S.; prohibiting certain retail theft at multiple
4 locations within a specified timeframe; providing
5 criminal penalties; amending s. 921.0022, F.S.;
6 ranking offenses for purposes of the offense severity
7 ranking chart of the Criminal Punishment Code;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (8) and (9) of section 812.015,
13 Florida Statutes, are amended to read:
14 812.015 Retail and farm theft; transit fare evasion;
15 mandatory fine; alternative punishment; detention and arrest;
16 exemption from liability for false arrest; resisting arrest;
17 penalties.—
18 (8) Except as provided in subsection (9), a person who
19 commits retail theft commits a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
21 if the property stolen is valued at $750 or more, and the
22 person:
23 (a) Individually commits retail theft, or in concert with
24 one or more other persons, coordinates the activities of one or
25 more individuals in committing the offense, which may occur
26 through multiple acts of retail theft, in which the amount of
27 each individual theft is aggregated within a 30-day period to
28 determine the value of the property stolen and such value is
29 $750 or more;
30 (b) Conspires with another person to commit retail theft
31 with the intent to sell the stolen property for monetary or
32 other gain, and subsequently takes or causes such property to be
33 placed in the control of another person in exchange for
34 consideration, in which the stolen property taken or placed
35 within a 30-day period is aggregated to determine the value of
36 the stolen property and such value is $750 or more;
37 (c) Individually, or in concert with one or more other
38 persons, commits theft from more than one location within a 30
39 day period, in which the amount of each individual theft is
40 aggregated to determine the value of the property stolen and
41 such value is $750 or more;
42 (d) Acts in concert with one or more other individuals
43 within one or more establishments to distract the merchant,
44 merchant’s employee, or law enforcement officer in order to
45 carry out the offense, or acts in other ways to coordinate
46 efforts to carry out the offense and such value is $750 or more;
47 or
48 (e) Commits the offense through the purchase of merchandise
49 in a package or box that contains merchandise other than, or in
50 addition to, the merchandise purported to be contained in the
51 package or box and such value is $750 or more; or
52 (f) Individually, or in concert with one or more other
53 persons, commits five or more retail thefts within a 30-day
54 period and in committing such thefts obtains or uses 10 or more
55 items of merchandise, and the number of items stolen during each
56 theft is aggregated within the 30-day period to determine the
57 total number of items stolen, regardless of the value of such
58 merchandise, and two or more of the thefts occur at different
59 physical merchant locations.
60 (9) A person commits a felony of the second degree,
61 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
62 if the person:
63 (a) Violates subsection (8) and has previously been
64 convicted of a violation of subsection (8) or of this
65 subsection;
66 (b) Individually, or in concert with one or more other
67 persons, coordinates the activities of one or more persons in
68 committing the offense of retail theft, in which the amount of
69 each individual theft within a 30-day period is aggregated to
70 determine the value of the stolen property and such value is in
71 excess of $3,000; or
72 (c) Conspires with another person to commit retail theft
73 with the intent to sell the stolen property for monetary or
74 other gain, and subsequently takes or causes such property to be
75 placed in control of another person in exchange for
76 consideration, in which the stolen property taken or placed
77 within a 30-day period is aggregated to have a value in excess
78 of $3,000; or
79 (d) Individually, or in concert with one or more other
80 persons, commits five or more retail thefts within a 30-day
81 period and in committing such thefts obtains or uses 20 or more
82 items of merchandise, and the number of items stolen during each
83 theft is aggregated within the 30-day period to determine the
84 total number of items stolen, regardless of the value of such
85 merchandise, and two or more of the thefts occur at a different
86 physical retail merchant location.
87 Section 2. Paragraphs (e) and (f) of subsection (3) of
88 section 921.0022, Florida Statutes, are amended to read:
89 921.0022 Criminal Punishment Code; offense severity ranking
90 chart.—
91 (3) OFFENSE SEVERITY RANKING CHART
92 (e) LEVEL 5
93
94 FloridaStatute FelonyDegree Description
95 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
96 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
97 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
98 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
99 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
100 379.365(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.
101 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
102 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
103 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
104 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
105 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
106 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
107 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
108 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
109 790.01(2) 3rd Carrying a concealed firearm.
110 790.162 2nd Threat to throw or discharge destructive device.
111 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
112 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
113 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
114 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
115 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
116 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
117 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
118 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
119 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
120 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
121 812.019(1) 2nd Stolen property; dealing in or trafficking in.
122 812.081(3) 2nd Trafficking in trade secrets.
123 812.131(2)(b) 3rd Robbery by sudden snatching.
124 812.16(2) 3rd Owning, operating, or conducting a chop shop.
125 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
126 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
127 817.2341(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.
128 817.568(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.
129 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
130 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
131 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
132 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
133 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
134 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
135 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
136 843.01 3rd Resist officer with violence to person; resist arrest with violence.
137 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
138 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
139 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
140 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
141 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
142 893.13(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).
143 893.13(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.
144 893.13(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.
145 893.13(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.
146 893.13(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.
147 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
148 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
149 (f) LEVEL 6
150
151 FloridaStatute FelonyDegree Description
152 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
153 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
154 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
155 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
156 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
157 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
158 775.0875(1) 3rd Taking firearm from law enforcement officer.
159 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
160 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
161 784.041 3rd Felony battery; domestic battery by strangulation.
162 784.048(3) 3rd Aggravated stalking; credible threat.
163 784.048(5) 3rd Aggravated stalking of person under 16.
164 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
165 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
166 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
167 784.081(2) 2nd Aggravated assault on specified official or employee.
168 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
169 784.083(2) 2nd Aggravated assault on code inspector.
170 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
171 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
172 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
173 790.164(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.
174 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
175 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
176 794.05(1) 2nd Unlawful sexual activity with specified minor.
177 800.04(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.
178 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
179 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
180 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
181 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
182 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
183 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
184 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
185 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
186 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
187 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
188 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
189 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
190 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
191 825.102(1) 3rd Abuse of an elderly person or disabled adult.
192 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
193 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
194 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
195 827.03(2)(c) 3rd Abuse of a child.
196 827.03(2)(d) 3rd Neglect of a child.
197 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
198 836.05 2nd Threats; extortion.
199 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
200 843.12 3rd Aids or assists person to escape.
201 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
202 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
203 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
204 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
205 944.35(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.
206 944.40 2nd Escapes.
207 944.46 3rd Harboring, concealing, aiding escaped prisoners.
208 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
209 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
210 Section 3. This act shall take effect October 1, 2022.
