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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
criminal penalties; amending s. 921.0022, F.S.; 5
ranking offenses for purposes of the offense severity 6
ranking chart of the Criminal Punishment Code; 7
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 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 false arrest; resisting ar rest; 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 property 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 a cts in other ways to coordinate 45
efforts to carry out the offense and the property stolen is 46
valued at $750 or more ; 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 merchandise is valued 51
at $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 committ ing such thefts: 55
1. The person obtains or uses 10 or more items of 56
merchandise, regardless of the value of such merchandise; 57
2. The number of items stolen during each theft is 58
aggregated within the 30 -day period to determine the total 59
number of items stolen; and 60
3. Two or more of the thefts occur at different physical 61
merchant locations. 62
(9) A person commits a felony of the second degree, 63
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 64
if the person: 65
(a) Violates subsection (8) and has previously been 66
convicted of a violation of subsection (8) or of this 67
subsection; 68
(b) Individually, or in concert with one or more other 69
persons, coordinates the activities of one or more persons in 70
committing the offense of retail theft, in which the amount of 71
each individual theft within a 30 -day period is aggregated to 72
determine the value of the stolen property and such value is in 73
excess of $3,000; or 74
(c) Conspires with another person to commit retail theft 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
with the intent to sell the stolen property for monetary or 76
other gain, and subsequently takes or causes such property to be 77
placed in control of another person in exchange for 78
consideration, in which the stolen property taken or placed 79
within a 30-day period is aggregated to have a value in excess 80
of $3,000; or 81
(d) Individually, or in concert with one or more other 82
persons, commits five or more retail thefts within a 30 -day 83
period, and in committing such thefts: 84
1. The person obtains or uses 20 or more item s of 85
merchandise, regardless of the value of such merchandise; 86
2. The number of items stolen during each theft is 87
aggregated within the 30 -day period to determine the total 88
number of items stolen; and 89
3. Two or more of the thefts occur at different phy sical 90
merchant locations. 91
Section 2. Paragraphs (e) and (f) of subsection (3) of 92
section 921.0022, Florida Statutes, are amended to read: 93
921.0022 Criminal Punishment Code; offense severity 94
ranking chart.— 95
(3) OFFENSE SEVERITY RANKING CHART 96
(e) LEVEL 5 97
98
Florida
Statute
Felony
Degree
Description
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99
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
100
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
101
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
102
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
103
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
104
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
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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
supplying, agreeing to supply,
aiding in supplying, o r 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.
105
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
106
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
107
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
108
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
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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
109
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
110
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
111
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
112
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
113
790.01(2) 3rd Carrying a concealed firearm.
114
790.162 2nd Threat to throw or discharge
destructive device.
115
790.163(1) 2nd False report of bomb,
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explosive, weapon of mass
destruction, or use of firearms
in violent manner.
116
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
117
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
118
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
119
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
120
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
121
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
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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
property.
122
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
123
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
124
812.015(8)(f)
3rd
Retail theft; five or more
thefts within specified period;
obtaining or using 10 or more
items.
125
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
126
812.081(3) 2nd Trafficking in trade secrets.
127
812.131(2)(b) 3rd Robbery by sudden snatching.
128
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
129
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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
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
130
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
131
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.
132
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.
133
817.611(2)(a) 2nd Traffic in or possess 5 to 14
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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
counterfeit credit cards or
related documents.
134
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
135
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
136
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child.
137
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child.
138
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
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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
serious physical injury, or
death.
139
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.
140
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
141
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
142
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
143
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
144
874.05(1)(b) 2nd Encouraging or recruiting
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another to join a criminal
gang; second or subsequent
offense.
145
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
146
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).
147
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
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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
community center.
148
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.
149
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.
150
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
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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
public housing facility.
151
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
152
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
153
(f) LEVEL 6 154
155
Florida
Statute
Felony
Degree
Description
156
316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
157
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
158
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
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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
159
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
160
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
161
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
162
775.0875(1) 3rd Taking firearm from law
enforcement officer.
163
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
164
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
165
784.041 3rd Felony battery; domestic
battery by strangulation.
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166
784.048(3) 3rd Aggravated stalking; credible
threat.
167
784.048(5) 3rd Aggravated stalking of person
under 16.
168
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
169
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
170
784.08(2)(b) 2nd Aggravated assault on a person
65 years of age or older.
171
784.081(2) 2nd Aggravated assault on specified
official or employee.
172
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
173
784.083(2) 2nd Aggravated assault on code
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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
inspector.
174
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
175
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
176
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
177
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.
178
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
179
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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
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
180
794.05(1) 2nd Unlawful sexual activity with
specified minor.
181
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.
182
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
183
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
184
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
185
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
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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
offense.
186
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
187
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
188
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
189
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within 30 days
is $3,000 or more; coordination
of others.
190
812.015(9)(d)
2nd Retail theft; five or more
thefts within specified period;
obtaining or using 20 or more
items.
191
812.13(2)(c) 2nd Robbery, no firearm or other
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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
weapon (strong-arm robbery).
192
817.4821(5) 2nd Possess cloning paraphernalia
with intent to create cloned
cellular telephones.
193
817.49(2)(b)2. 2nd Willful making of a false
report of a crime resulting in
death.
194
817.505(4)(b) 2nd Patient brokering; 10 or more
patients.
195
825.102(1) 3rd Abuse of an elderly person or
disabled adult.
196
825.102(3)(c) 3rd Neglect of an elderly person or
disabled adult.
197
825.1025(3) 3rd Lewd or lascivious molestation
of an elderly person or
disabled adult.
198
825.103(3)(c) 3rd Exploiting an elderly person or
disabled adult and property is
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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
valued at less than $10,000.
199
827.03(2)(c) 3rd Abuse of a child.
200
827.03(2)(d) 3rd Neglect of a child.
201
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
202
836.05 2nd Threats; extortion.
203
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
204
843.12 3rd Aids or assists person to
escape.
205
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
206
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847.012 3rd Knowingly using a minor in the
production of materials harmful
to minors.
207
847.0135(2) 3rd Facilitates sexual conduct of
or with a minor or the visual
depiction of such conduct.
208
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
209
944.35(3)(a)2. 3rd Committing malicious battery
upon or inflicting cruel or
inhuman treatment on an inmate
or offender on communit y
supervision, resulting in great
bodily harm.
210
944.40 2nd Escapes.
211
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
212
944.47(1)(a)5. 2nd Introduction of contraband
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(firearm, weapon, or explosive)
into correctional facility.
213
951.22(1)(i) 3rd Firearm or weapon introduced
into county detention facility.
214
Section 3. This act shall take effect October 1, 2022. 215