Florida 2018 Regular Session Status: Enacted

HB 491 — Theft

Last action — Chapter No. 2018-49

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 31, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

19 added · 19 removed

19 line(s) added, 19 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 49, Engrossed 1 2018 A bill to be entitled An act relating to theft;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 49, Engrossed 1 2018 Legislature 2 An act relating to theft;
hb0491-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 49, Engrossed 1 2018 the equine, avian, bovine, or swine class or other grazing animal;
hb0491-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 49, Engrossed 1 2018 Legislature the equine, avian, bovine, or swine class or other grazing animal;
hb0491-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 49, Engrossed 1 2018 subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s.
hb0491-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 49, Engrossed 1 2018 Legislature subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s.
hb0491-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 4, Engrossed 1 2018 any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction.
hb0491-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 4, Engrossed 1 2018 Legislature any substance, device, paraphernalia, or currency or other means of exchange that was used, was attempted to be used, or was intended to be used in violation of any provision of chapter 893, if the totality of the facts presented by the state is clearly sufficient to meet the state's burden of establishing probable cause to believe that a nexus exists between the article seized and the narcotics activity, whether or not the use of the contraband article can be traced to a specific narcotics transaction.
hb0491-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 4, Engrossed 1 2018 felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.
hb0491-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 4, Engrossed 1 2018 Legislature felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act.
hb0491-01-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HB 4, Engrossed 1 2018 11.
hb0491-02-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 4, Engrossed 1 2018 Legislature 11.
hb0491-01-e1
hb0491-02-er
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Action History

  1. Chapter No. 2018-49

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. Passed; YEAS 36 NAYS 0

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Substituted for CS/SB 776

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Criminal Justice; Agriculture; Rules

  12. Received

  13. Referred to Criminal Justice; Agriculture; Rules

  14. In Messages

  15. Passed as amended; YEAS 114 NAYS 0

  16. Read 3rd time

  17. Placed on 3rd reading

  18. Amendment(s) adopted (442385)

  19. Read 2nd time

  20. Placed on Special Order Calendar, 03/02/18

  21. Temporarily postponed, on 2nd Reading

  22. Placed on Special Order Calendar, 02/28/18

  23. Placed on Calendar

  24. Favorable by- Judiciary Committee; YEAS 19 NAYS 0

  25. On Committee agenda-- Judiciary Committee, 01/11/18, 8:30 am, Sumner Hall

  26. Introduced

  27. Now in Judiciary Committee

  28. Favorable by Criminal Justice Subcommittee; YEAS 9 NAYS 0

  29. On Committee agenda-- Criminal Justice Subcommittee, 12/06/17, 8:00 am, Sumner Hall

  30. Referred to Criminal Justice Subcommittee; Judiciary Committee

  31. Filed

Sponsors

  • Roth · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Roth

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 36 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 28002
Republican 5000
Democrat 3000
Total 36002
% of votes cast 95%0%0%5%
How each member voted (38)
Member Party Vote
Baxley — Yea
Simmons — Yea
Bean — Yea
Gibson — Yea
Simpson — Yea
Benacquisto — Yea
Grimsley — Yea
Stargel — Yea
Hukill — Yea
Steube — Yea
Lee — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Perry — Yea
Flores — Yea
Rader — Yea
Galvano — Yea
President Negron — Not Voting
Book — Yea
Bracy — Not Voting
Broxson — Yea
Farmer — Yea
Gainer — Yea
Hutson — Yea
Powell — Yea
Stewart — Yea
Taddeo — Yea
Thurston — Yea
Torres — Yea
Campbell, Daryl Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Young, RaShon Democrat Yea
Bradley, Jennifer Republican Yea
Garcia, Ileana Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Passage, Third Reading

Passed 114 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 90002
Republican 19001
Democrat 5000
Total 114003
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Gonzalez — Yea
Alexander — Yea
Grant, J. — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Yea
Clemons — Yea
Smith — Yea
Latvala — Yea
Cortes, B. — Yea
Lee — Yea
Cortes, J. — Yea
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Yea
Watson, C. — Yea
Nunez — Yea
Williams — Yea
Fitzenhagen — Yea
Abruzzo — Not Voting
Altman — Not Voting
Ahern — Yea
Asencio — Yea
Ausley — Yea
Beshears — Yea
Bileca — Yea
Brown — Yea
Corcoran — Yea
Cruz — Yea
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Edwards-Walpole — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Goodson — Yea
Hager — Yea
Hardemon — Yea
Harrison — Yea
Henry — Yea
Ingoglia — Yea
Ingram — Yea
Jacquet — Yea
Jacobs — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Metz — Yea
Moskowitz — Yea
Newton — Yea
Oliva — Yea
Olszewski — Yea
Payne — Yea
Pigman — Yea
Peters — Yea
Ponder — Yea
Porter — Yea
Pritchett — Yea
Raburn — Yea
Renner — Yea
Richardson — Yea
Rodrigues — Yea
Rommel — Yea
Roth — Yea
Russell — Yea
Santiago — Yea
Shaw — Yea
Silvers — Yea
Spano — Yea
Sprowls — Yea
Stafford — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Yea
Berman, Lori Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Not Voting
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Judiciary Committee)

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Republican 4001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Alexander — Yea
Fitzenhagen — Yea
Gonzalez — Not Voting
Cortes, J. — Yea
Moraitis — Yea
Slosberg — Yea
Byrd — Yea
Diamond — Yea
Geller — Yea
Hager — Yea
Harrison — Yea
Metz — Yea
Pritchett — Yea
Spano — Yea
Sprowls — Yea
Stafford — Yea
Burgess, Danny Republican Yea
Grall, Erin Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Trumbull, Jay Republican Yea

Official roll call →

Favorable (Criminal Justice Subcommittee)

Passed 9 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 8004
Republican 1000
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Alexander — Not Voting
Gonzalez — Yea
Latvala — Yea
Sullivan — Yea
Altman — Not Voting
Slosberg — Yea
Eagle — Yea
Hager — Not Voting
Moskowitz — Not Voting
Pritchett — Yea
Richardson — Yea
Spano — Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors HB 491?
HB 491 is sponsored by Roth.
What is the current status of HB 491?
This bill has been enacted into law. Introduced October 31, 2017. Enacted.
Where can I track HB 491?
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