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 âsocial media platformâ;
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.âPresent 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:
33 812.015âRetail 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.â
37 (1)âAs used in this section, the term:
38 (g)(a)ââMerchandiseâ means any personal property, capable
39 of manual delivery, displayed, held, or offered for retail sale
40 by a merchant.
41 (h)(b)ââMerchantâ 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)ââValue of merchandiseâ 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)ââRetail theftâ 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)ââFarm produceâ 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)ââFarmerâ 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)ââFarm theftâ 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)ââAntishoplifting or inventory control deviceâ 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)ââAntishoplifting or inventory control device
82 countermeasureâ 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)ââTransit fare evasionâ 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)ââMass transit vehicleâ 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)ââTransit agencyâ means any state agency, political
97 subdivision of the state, or municipality which operates mass
98 transit vehicles.
99 (m)ââTrespassâ means the violation as described in s.
100 810.08.
101 (j)ââSocial media platformâ has the same meaning as in s.
102 501.2041(1).
103 (8)âExcept 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)âCommits 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)âIndividually, 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)âActs 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 merchantâs 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)âA 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)âConspires 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)âIndividually, 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)âActs 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 merchantâs 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)âA 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.âParagraph (f) of subsection (1) of section
156 784.07, Florida Statutes, is amended to read:
157 784.07âAssault or battery of law enforcement officers and
158 other specified personnel; reclassification of offenses; minimum
159 sentences.â
160 (1)âAs used in this section, the term:
161 (f)ââPublic transit employees or agentsâ 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.âParagraphs (e) and (f) of subsection (3) of
167 section 921.0022, Florida Statutes, are amended to read:
168 921.0022âCriminal Punishment Code; offense severity ranking
169 chart.â
170 (3)âOFFENSE SEVERITY RANKING CHART
171 (e)âLEVEL 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 harvesterâs 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 workersâ compensation coverage.
184 440.105(5) 2nd Unlawful solicitation for the purpose of making workersâ compensation claims.
185 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workersâ 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.
198 812.015â(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),â(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.
219 847.0137â(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
220 847.0138â(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)âLEVEL 6
231
232 FloridaStatute FelonyDegree