SB 928 — Theft

893.02.

Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s.

893.13 or trafficking in controlled substance offense under s.

893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

80 However, if the property is stolen within a county that is 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.

775.082, s.

775.083, or s.

775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3.

As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel.

For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s.

921.0022 or s.

921.0023 of the offense committed.

(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if the property stolen is valued at $1,500 $100 or more, but less than $5,000 $300, and is taken from a dwelling as defined in s.

810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s.

810.09(1).

(e) Except as provided in paragraph (d), if the property stolen is valued at $500 $100 or more, but less than $1,500 $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s.

775.082 or s.

775.083.

(3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083, and as provided in subsection (5), as applicable.

(b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(c) A person who commits petit theft of the first degree and who has previously been convicted two or more times of any theft as an adult commits a felony of the third degree, punishable as provided in s.

775.082 or s.

775.083, if the third or subsequent petit theft offense occurs within 3 years after the expiration of his or her sentence for the most recent theft conviction.

Section 2. Subsections (8) and (9) of section 812.015, Florida Statutes, are amended to read:

812.015 Retail and farm theft;

transit fare evasion;

mandatory fine;

alternative punishment;

detention and arrest;

exemption from liability for false arrest;

resisting arrest;

penalties.— (8) Except as provided in subsection (9), a person who commits retail theft commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if the property stolen is valued at $1,500 $300 or more, and the person:

(a) Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the property stolen;

(b) Commits theft from more than one location within a 48 hour period, in which case the amount of each individual theft is aggregated to determine the value of the property stolen;

(c) Acts in concert with one or more other individuals within one or more establishments to distract the merchant, merchant’s employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate efforts to carry out the offense;

or (d) Commits the offense through the purchase of merchandise in a package or box that contains merchandise other than, or in addition to, the merchandise purported to be contained in the package or box.

(9) A person commits a felony of the second degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, if the person:

(a) Violates subsection (8) and has previously been convicted as an adult of a violation of subsection (8) within 3 years after the expiration of the sentence;

or (b) Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing the offense of retail theft where the stolen property has a value in excess of $3,000.

Section 3. Paragraphs (a), (b), (d), (e), and (f) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:

921.0022 Criminal Punishment Code;

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (a) LEVEL 1 169 FloridaStatute FelonyDegree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.

212.054(2)(b) 3rd Discretionary sales surtax;

limitations, administration, and collection.

212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.

316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.

319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.

319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.

320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.

322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license;

possession of simulated identification.

322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.

322.212(5)(a) 3rd False application for driver license or identification card.

414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.

443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.

509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.

517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.

562.27(1) 3rd Possess still or still apparatus.

713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.

812.014(3)(c) 3rd Petit theft as adult (3rd or subsequent conviction) within certain time;

theft of any property not specified in subsection (2).

812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.

815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).

817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.

817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.

826.01 3rd Bigamy.

828.122(3) 3rd Fighting or baiting animals.

831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s.

92.28.

831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s.

893.03(5) drugs.

832.041(1) 3rd Stopping payment with intent to defraud $150 or more.

832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

838.15(2) 3rd Commercial bribe receiving.

838.16 3rd Commercial bribery.

843.18 3rd Fleeing by boat to elude a law enforcement officer.

847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

849.01 3rd Keeping gambling house.

849.09(1)(a)-(d) 3rd Lottery;

set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.

849.23 3rd Gambling-related machines;

“common offender” as to property rights.

849.25(2) 3rd Engaging in bookmaking.

860.08 3rd Interfere with a railroad signal.

860.13(1)(a) 3rd Operate aircraft while under the influence.

893.13(2)(a)2.

3rd Purchase of cannabis.

893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).

934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.

211 (b) LEVEL 2 213 FloridaStatute FelonyDegree Description 379.2431 (1)(e)3.

3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

379.2431 (1)(e)4.

3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

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.

517.07(2) 3rd Failure to furnish a prospectus meeting requirements.

590.28(1) 3rd Intentional burning of lands.

784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.

806.13(1)(b)3.

3rd Criminal mischief;

damage $1,000 or more to public communication or any other public service.

810.061(2) 3rd Impairing or impeding telephone or power to a dwelling;

facilitating or furthering burglary.

810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.

812.014(2)(c)1.

3rd Grand theft, 3rd degree;

$1,500 $300 or more but less than $5,000.

812.014(2)(d) 3rd Grand theft, 3rd degree;

$1,500 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.

812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

817.234(1)(a)2.

3rd False statement in support of insurance claim.

817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

817.52(3) 3rd Failure to redeliver hired vehicle.

817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.

817.60(5) 3rd Dealing in credit cards of another.

817.60(6)(a) 3rd Forgery;

purchase goods, services with false card.

817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.

826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.

831.01 3rd Forgery.

831.02 3rd Uttering forged instrument;

utters or publishes alteration with intent to defraud.

831.07 3rd Forging bank bills, checks, drafts, or promissory notes.

831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.

831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.

831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.

832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.

843.08 3rd False personation.

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.

893.147(2) 3rd Manufacture or delivery of drug paraphernalia.

(d) LEVEL 4 247 FloridaStatute FelonyDegree Description 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.

499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.

517.07(1) 3rd Failure to register securities.

517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.

784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.

784.074(1)(c) 3rd Battery of sexually violent predators facility staff.

784.075 3rd Battery on detention or commitment facility staff.

784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

784.08(2)(c) 3rd Battery on a person 65 years of age or older.

784.081(3) 3rd Battery on specified official or employee.

784.082(3) 3rd Battery by detained person on visitor or other detainee.

784.083(3) 3rd Battery on code inspector.

784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

787.03(1) 3rd Interference with custody;

wrongly takes minor from appointed guardian.

787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

787.07 3rd Human smuggling.

790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.

790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.

790.115(2)(c) 3rd Possessing firearm on school property.

800.04(7)(c) 3rd Lewd or lascivious exhibition;

offender less than 18 years.

810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure;

unarmed;

no assault or battery.

810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance;

unarmed;

no assault or battery.

810.06 3rd Burglary;

possession of tools.

810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.

812.014(2)(c)3.

3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.

812.014 (2)(c)4.-7.812.014 (2)(c)4.-10.

3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, bee colony, aquaculture species, citrus fruit etc.

812.0195(2) 3rd Dealing in stolen property by use of the Internet;

property stolen $300 or more.

817.505(4)(a) 3rd Patient brokering.

817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s.

893.03(5) drugs.

817.568(2)(a) 3rd Fraudulent use of personal identification information.

817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.

817.625(2)(c) 3rd Possess, sell, or deliver skimming device.

828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

837.02(1) 3rd Perjury in official proceedings.

837.021(1) 3rd Make contradictory statements in official proceedings.

838.022 3rd Official misconduct.

839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.

839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.

843.021 3rd Possession of a concealed handcuff key by a person in custody.

843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).

847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer;

offender less than 18 years.

874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.

893.13(2)(a)1.

2nd Purchase of cocaine (or other s.

893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4.

drugs).

914.14(2) 3rd Witnesses accepting bribes.

914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.

914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.

918.12 3rd Tampering with jurors.

934.215 3rd Use of two-way communications device to facilitate commission of a crime.

(e) LEVEL 5 301 FloridaStatute FelonyDegree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop;

leaving scene.

316.1935(4)(a) 2nd Aggravated fleeing or eluding.

316.80(2) 2nd Unlawful conveyance of fuel;

obtaining fuel fraudulently.

322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

327.30(5) 3rd Vessel accidents involving personal injury;

leaving scene.

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.

379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.

379.407(5)(b)3.

3rd Possession of 100 or more undersized spiny lobsters.

381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.

440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.

440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.

440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.

624.401(4)(b)2.

2nd Transacting insurance without a certificate or authority;

premium collected $20,000 or more but less than $100,000.

626.902(1)(c) 2nd Representing an unauthorized insurer;

repeat offender.

790.01(2) 3rd Carrying a concealed firearm.

790.162 2nd Threat to throw or discharge destructive device.

790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.

790.221(1) 2nd Possession of short-barreled shotgun or machine gun.

790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.

796.05(1) 2nd Live on earnings of a prostitute;

1st offense.

800.04(6)(c) 3rd Lewd or lascivious conduct;

offender less than 18 years of age.

800.04(7)(b) 2nd Lewd or lascivious exhibition;

offender 18 years of age or older.

806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

812.0145(2)(b) 2nd Theft from person 65 years of age or older;

$10,000 or more but less than $50,000.

812.015(8) 3rd Retail theft;

property stolen is valued at $1,500 $300 or more and one or more specified acts.

812.019(1) 2nd Stolen property;

dealing in or trafficking in.

812.131(2)(b) 3rd Robbery by sudden snatching.

812.16(2) 3rd Owning, operating, or conducting a chop shop.

817.034(4)(a)2.

2nd Communications fraud, value $20,000 to $50,000.

817.234(11)(b) 2nd Insurance fraud;

property value $20,000 or more but less than $100,000.

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.

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.

817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.

817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.

825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.

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.

843.01 3rd Resist officer with violence to person;

resist arrest with violence.

847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer;

offender 18 years or older.

847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.

847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.

874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang;

second or subsequent offense.

874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.

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).

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.

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.

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.

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.

893.13(4)(b) 2nd Use or hire of minor;

deliver to minor other controlled substance.

893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

(f) LEVEL 6 355 FloridaStatute FelonyDegree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.

316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.

400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.

499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.

499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.

499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.

775.0875(1) 3rd Taking firearm from law enforcement officer.

784.021(1)(a) 3rd Aggravated assault;

deadly weapon without intent to kill.

784.021(1)(b) 3rd Aggravated assault;

intent to commit felony.

784.041 3rd Felony battery;

domestic battery by strangulation.

784.048(3) 3rd Aggravated stalking;

credible threat.

784.048(5) 3rd Aggravated stalking of person under 16.

784.07(2)(c) 2nd Aggravated assault on law enforcement officer.

784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.

784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.

784.081(2) 2nd Aggravated assault on specified official or employee.

784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.

784.083(2) 2nd Aggravated assault on code inspector.

787.02(2) 3rd False imprisonment;

restraining with purpose other than those in s.

787.01.

790.115(2)(d) 2nd Discharging firearm or weapon on school property.

790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.

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.

790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.

794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.

794.05(1) 2nd Unlawful sexual activity with specified minor.

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.

800.04(6)(b) 2nd Lewd or lascivious conduct;

offender 18 years of age or older.

806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.

810.02(3)(c) 2nd Burglary of occupied structure;

unarmed;

no assault or battery.

810.145(8)(b) 2nd Video voyeurism;

certain minor victims;

2nd or subsequent offense.

812.014(2)(b)1.

2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

812.014(6) 2nd Theft;

property stolen $3,000 or more;

coordination of others.

812.015(9)(a) 2nd Retail theft as adult;

property stolen $1,500 $300 or more;

second or subsequent conviction within certain time.

812.015(9)(b) 2nd Retail theft;

property stolen $3,000 or more;

coordination of others.

812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).

817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.

817.505(4)(b) 2nd Patient brokering;

10 or more patients.

825.102(1) 3rd Abuse of an elderly person or disabled adult.

825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.

825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.

825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.

827.03(2)(c) 3rd Abuse of a child.

827.03(2)(d) 3rd Neglect of a child.

827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.

836.05 2nd Threats;

extortion.

836.10 2nd Written threats to kill or do bodily injury.

843.12 3rd Aids or assists person to escape.

847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.

847.012 3rd Knowingly using a minor in the production of materials harmful to minors.

847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.

914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.

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.

944.40 2nd Escapes.

944.46 3rd Harboring, concealing, aiding escaped prisoners.

944.47(1)(a)5.

2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.

951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.

Section 4. Paragraph (a) of subsection (1) and paragraph (c) of subsection (2) of section 985.557, Florida Statutes, are amended to read:

985.557 Direct filing of an information;

discretionary and mandatory criteria.— (1) DISCRETIONARY DIRECT FILE.— (a) With respect to any child who was 14 or 15 years of age at the time the alleged offense was committed, the state attorney may file an information when in the state attorney’s judgment and discretion the public interest requires that adult sanctions be considered or imposed and when the offense charged is for the commission of, attempt to commit, or conspiracy to commit:

1. Arson;

2. Sexual battery;

3. Robbery;

4. Kidnapping;

5. Aggravated child abuse;

6. Aggravated assault;

7. Aggravated stalking;

8. Murder;

9. Manslaughter;

10. Unlawful throwing, placing, or discharging of a destructive device or bomb;

11. Armed burglary in violation of s.

810.02(2)(b) or specified burglary of a dwelling or structure in violation of s.

810.02(2)(c), or burglary with an assault or battery in violation of s.

810.02(2)(a);

12. Aggravated battery;

13. Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age;

14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony;

15. Grand theft in violation of s.

812.014(2)(a);

16. Possessing or discharging any weapon or firearm on school property in violation of s.

790.115;

17. Home invasion robbery;

18. Carjacking;

or 19. Grand theft of a motor vehicle in violation of s.

812.014(2)(c)5.

s.

812.014(2)(c)6.

or grand theft of a motor vehicle valued at $20,000 or more in violation of s.

812.014(2)(b) if the child has a previous adjudication for grand theft of a motor vehicle in violation of s.

812.014(2)(c)5.

s.

812.014(2)(c)6.

or s.

812.014(2)(b).

(2) MANDATORY DIRECT FILE.— (c) The state attorney must file an information if a child, regardless of the child’s age at the time the alleged offense was committed, is alleged to have committed an act that would be a violation of law if the child were an adult, that involves stealing a motor vehicle, including, but not limited to, a violation of s.

812.133, relating to carjacking, or s.

812.014(2)(c)5.

s.

812.014(2)(c)6., relating to grand theft of a motor vehicle, and while the child was in possession of the stolen motor vehicle the child caused serious bodily injury to or the death of a person who was not involved in the underlying offense.

For purposes of this section, the driver and all willing passengers in the stolen motor vehicle at the time such serious bodily injury or death is inflicted shall also be subject to mandatory transfer to adult court.

“Stolen motor vehicle,” for the purposes of this section, means a motor vehicle that has been the subject of any criminal wrongful taking.

For purposes of this section, “willing passengers” means all willing passengers who have participated in the underlying offense.

Section 5. For the purpose of incorporating the amendment made by this act to section 812.014, Florida Statutes, in a reference thereto, subsection (10) of section 95.18, Florida Statutes, is reenacted to read:

95.18 Real property actions;

adverse possession without color of title.— (10) A person who occupies or attempts to occupy a residential structure solely by claim of adverse possession under this section and offers the property for lease to another commits theft under s.

812.014.

Section 6. For the purpose of incorporating the amendment made by this act to section 812.014, Florida Statutes, in a reference thereto, paragraph (c) of subsection (3) of section 373.6055, Florida Statutes, is reenacted to read:

373.6055 Criminal history checks for certain water management district employees and others.— (3) (c) In addition to other requirements for employment or access established by any water management district pursuant to its water management district’s security plan for buildings, facilities, and structures, each water management district’s security plan shall provide that:

1. Any person who has within the past 7 years been convicted, regardless of whether adjudication was withheld, for a forcible felony as defined in s.

776.08;

an act of terrorism as defined in s.

775.30;

planting of a hoax bomb as provided in s.

790.165;

any violation involving the manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction as provided in s.

790.166;

dealing in stolen property;

any violation of s.

893.135;

any violation involving the sale, manufacturing, delivery, or possession with intent to sell, manufacture, or deliver a controlled substance;

burglary;

robbery;

any felony violation of s.

812.014;

any violation of s.

790.07;

any crime an element of which includes use or possession of a firearm;

any conviction for any similar offenses under the laws of another jurisdiction;

or conviction for conspiracy to commit any of the listed offenses may not be qualified for initial employment within or authorized regular access to buildings, facilities, or structures defined in the water management district’s security plan as restricted access areas.

2. Any person who has at any time been convicted of any of the offenses listed in subparagraph 1.

may not be qualified for initial employment within or authorized regular access to buildings, facilities, or structures defined in the water management district’s security plan as restricted access areas unless, after release from incarceration and any supervision imposed as a sentence, the person remained free from a subsequent conviction, regardless of whether adjudication was withheld, for any of the listed offenses for a period of at least 7 years prior to the employment or access date under consideration.

Section 7. For the purpose of incorporating the amendment made by this act to section 812.014, Florida Statutes, in a reference thereto, subsection (3) of section 400.9935, Florida Statutes, is reenacted to read:

400.9935 Clinic responsibilities.— (3) A charge or reimbursement claim made by or on behalf of a clinic that is required to be licensed under this part but that is not so licensed, or that is otherwise operating in violation of this part, regardless of whether a service is rendered or whether the charge or reimbursement claim is paid, is an unlawful charge and is noncompensable and unenforceable.

A person who knowingly makes or causes to be made an unlawful charge commits theft within the meaning of and punishable as provided in s.