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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
A bill to be entitled 1
An act relating to retail theft; amending s. 812.015, 2
F.S.; prohibiting certain retail theft at multiple 3
locations within a specified timeframe; providing 4
exceptions; providing criminal penalties; amending s. 5
921.0022, F.S.; ranking offenses for purposes of the 6
offense severity ranking chart of the Criminal 7
Punishment Code; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Fl orida: 10
11
Section 1. Subsections (8) and (9) of section 812.015, 12
Florida Statutes, are amended to read: 13
812.015 Retail and farm theft; transit fare evasion; 14
mandatory fine; alternative punishment; detention and arrest; 15
exemption from liability for fals e arrest; resisting arrest; 16
penalties.— 17
(8) Except as provided in subsection (9), a person who 18
commits retail theft commits a felony of the third degree, 19
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 20
if the property stolen is valued at $750 or more, and the 21
person: 22
(a) Individually commits retail theft , or in concert with 23
one or more other persons, coordinates the activities of one or 24
more individuals in committing the offense, which may occur 25
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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
through multiple acts of retail theft, in which the amount of 26
each individual theft is aggregated within a 30 -day period to 27
determine the value of the property stolen and such value is 28
$750 or more; 29
(b) Conspires with another person to commit retail theft 30
with the intent to sell the stolen prop erty for monetary or 31
other gain, and subsequently takes or causes such property to be 32
placed in the control of another person in exchange for 33
consideration, in which the stolen property taken or placed 34
within a 30-day period is aggregated to determine the value of 35
the stolen property and such value is $750 or more ; 36
(c) Individually, or in concert with one or more other 37
persons, commits theft from more than one location within a 30 -38
day period, in which the amount of each individual theft is 39
aggregated to determine the value of the property stolen and 40
such value is $750 or more ; 41
(d) Acts in concert with one or more other individuals 42
within one or more establishments to distract the merchant, 43
merchant's employee, or law enforcement officer in order to 44
carry out the offense, or acts in other ways to coordinate 45
efforts to carry out the offense and such value is $750 or more ; 46
or 47
(e) Commits the offense through the purchase of 48
merchandise in a package or box that contains merchandise other 49
than, or in addition to, the merchandise purported to be 50
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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
contained in the package or box and such value is $750 or more; 51
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 theft s 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 th efts occur at different 59
physical merchant locations. A person's theft of one or more 60
food items with the intent to consume such items for the 61
sustenance of himself or herself or another person under his or 62
her care is not a theft violation for purposes of this 63
paragraph. 64
(9) A person commits a felony of the second degree, 65
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 66
if the person: 67
(a) Violates subsection (8) and has previously been 68
convicted of a violation of subsection (8) or of this 69
subsection; 70
(b) Individually, or in concert with one or more other 71
persons, coordinates the activities of one or more persons in 72
committing the offense of retail theft, in which the amount of 73
each individual theft within a 30 -day period is aggregated t o 74
determine the value of the stolen property and such value is in 75
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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
excess of $3,000; or 76
(c) Conspires with another person to commit retail theft 77
with the intent to sell the stolen property for monetary or 78
other gain, and subsequently takes or causes such property to be 79
placed in control of another person in exchange for 80
consideration, in which the stolen property taken or placed 81
within a 30-day period is aggregated to have a value in excess 82
of $3,000; or 83
(d) Individually, or in concert with one or more other 84
persons, commits five or more retail thefts within a 30 -day 85
period and in committing such thefts obtains or uses 20 or more 86
items of merchandise, and the number of items stolen during each 87
theft is aggregated within the 30 -day period to determine the 88
total number of items stolen, regardless of the value of such 89
merchandise, and two or more of the thefts occur at a different 90
physical retail merchant location. A person's theft of one or 91
more food items with the intent to consume such items for the 92
sustenance of himself or herself or another person under his or 93
her care is not a theft violation for purposes of this 94
paragraph. 95
Section 2. Paragraphs (e) and (f) of subsection (3) of 96
section 921.0022, Florida Statutes, are amended to read: 97
921.0022 Criminal Punishment Code; offense severity 98
ranking chart.— 99
(3) OFFENSE SEVERITY RANKING CHART 100
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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
(e) LEVEL 5 101
102
Florida
Statute
Felony
Degree
Description
103
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop ;
leaving scene.
104
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
105
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
106
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
107
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
108
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
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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
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.
109
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
110
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
111
381.0041(11)(b) 3rd Donate blood, plasma, or organs
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knowing HIV positive.
112
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
113
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
114
440.381(2) 3rd Submission of false, misleading,
or incomplete information with
the purpose of avoiding or
reducing workers' compensation
premiums.
115
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authorit y;
premium collected $20,000 or
more but less than $100,000.
116
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
117
790.01(2) 3rd Carrying a concealed firearm.
118
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790.162 2nd Threat to throw or discharge
destructive device.
119
790.163(1) 2nd False report of bomb, explosive,
weapon of mass destruction, or
use of firearms in violent
manner.
120
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
121
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
122
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
123
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
124
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
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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
125
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
126
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
127
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen is
valued at $750 or more and one
or more specified acts.
128
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
129
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
130
812.081(3) 2nd Trafficking in trade secrets.
131
812.131(2)(b) 3rd Robbery by sudden snatching.
132
812.16(2) 3rd Owning, operating, or conducting
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a chop shop.
133
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
134
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
135
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.
136
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.
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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
137
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
138
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device, skimming
device, or reencoder.
139
825.1025(4) 3rd Lewd or lascivious exhibition in
the presence of an elderly
person or disabled adult.
140
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child.
141
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child.
142
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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
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain, serious
physical injury, or death.
143
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.
144
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
145
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
146
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
147
847.0138
(2) & (3)
3rd Transmission of material harmful
to minors to a minor by
electronic device or equipment.
148
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874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal gang;
second or subsequent offense.
149
874.05(2)(a) 2nd Encouraging or recruiting person
under 13 years of age to join a
criminal gang.
150
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).
151
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.
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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
152
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.
153
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.
154
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.
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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
155
893.13(4)(b) 2nd Use or hire of minor ; deliver to
minor other controlled
substance.
156
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
157
(f) LEVEL 6 158
159
Florida
Statute
Felony
Degree Description
160
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
161
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
162
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
163
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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
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
164
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
165
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
166
775.0875(1) 3rd Taking firearm from law
enforcement officer.
167
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
168
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
169
784.041 3rd Felony battery; domestic
battery by strangulation.
170
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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
784.048(3) 3rd Aggravated stalking; credible
threat.
171
784.048(5) 3rd Aggravated stalking of person
under 16.
172
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
173
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
174
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
175
784.081(2) 2nd Aggravated assault on specified
official or employee.
176
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
177
784.083(2) 2nd Aggravated assault on code
inspector.
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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
178
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
179
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
180
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
181
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.
182
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
183
794.011(8)(a) 3rd Solicitation of minor to
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participate in sexual activity
by custodial adult.
184
794.05(1) 2nd Unlawful sexual activity with
specified minor.
185
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.
186
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
187
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
188
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
189
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
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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
190
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
191
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
192
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
193
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
of others.
194
812.015(9)(d) 2nd Retail theft; multiple thefts
within specified period.
195
812.13(2)(c) 2nd Robbery, no firearm or other
weapon (strong-arm robbery).
196
817.4821(5) 2nd Possess cloning paraphernalia
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with intent to create cloned
cellular telephones.
197
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
198
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
199
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
200
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
201
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
202
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
valued at less than $10,000.
203
827.03(2)(c) 3rd Abuse of a child.
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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
204
827.03(2)(d) 3rd Neglect of a child.
205
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
206
836.05 2nd Threats; extortion.
207
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
208
843.12 3rd Aids or assists person to
escape.
209
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
210
847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
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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
211
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
212
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
213
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.
214
944.40 2nd Escapes.
215
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
216
944.47(1)(a)5. 2nd Introduction of contraband
(firearm, weapon, or explosive)
into correctional facility.
217
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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
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
218
Section 3. This act shall take effect October 1, 2022. 219