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| 10 | 10 | | 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 |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to theft from nonprofit organizations; 2 |
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| 16 | 16 | | creating s. 812.0146, F.S.; providing for the 3 |
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| 17 | 17 | | reclassification of certain theft offenses of 4 |
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| 18 | 18 | | specified amounts from nonprofit organizations; 5 |
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| 19 | 19 | | requiring restitution and community service for 6 |
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| 20 | 20 | | certain violations; providing an effective date. 7 |
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| 21 | 21 | | 8 |
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| 22 | 22 | | Be It Enacted by the Legislature of the State of Florida: 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Section 1. Section 812.0146, Florida Statutes, is cre ated 11 |
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| 25 | 25 | | to read: 12 |
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| 26 | 26 | | 812.0146 Theft from a nonprofit organization; 13 |
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| 27 | 27 | | reclassification of offenses. — 14 |
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| 28 | 28 | | (1) Whenever a person is charged with committing theft 15 |
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| 29 | | - | from an organization that he or she knows or has reason to 16 |
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| 30 | | - | believe is qualified as charitable un der s. 501(c)(3) of the 17 |
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| 31 | | - | Internal Revenue Code, the offense for which the person is 18 |
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| 32 | | - | charged shall be reclassified as follows: 19 |
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| 33 | | - | (a) If the funds, assets, or property involved in the 20 |
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| 34 | | - | theft from an organization qualified as charitable under s. 21 |
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| 35 | | - | 501(c)(3) of the Internal Revenue Code is valued at $50,000 or 22 |
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| 36 | | - | more, the offender commits a felony of the first degree, 23 |
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| 37 | | - | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 24 |
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| 38 | | - | (b) If the funds, assets, or property involved in the 25 |
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| 29 | + | from an organization qualified as charitable under s. 501(c)(3) 16 |
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| 30 | + | of the Internal Revenue Code, the offense for which the person 17 |
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| 31 | + | is charged shall be reclassified as follows: 18 |
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| 32 | + | (a) If the funds, assets, or property involved in the 19 |
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| 33 | + | theft from an organization qualified as charitable under s. 20 |
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| 34 | + | 501(c)(3) of the Internal Revenue Code is valued at $50,000 or 21 |
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| 35 | + | more, the offender commits a felony of the first degree, 22 |
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| 36 | + | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 23 |
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| 37 | + | (b) If the funds, assets, or property involved in the 24 |
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| 38 | + | theft from an organization qualified as charitable under s. 25 |
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| 51 | | - | theft from an organization qua lified as charitable under s. 26 |
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| 52 | | - | 501(c)(3) of the Internal Revenue Code is valued at $10,000 or 27 |
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| 53 | | - | more, but less than $50,000, the offender commits a felony of 28 |
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| 54 | | - | the second degree, punishable as provided in s. 775.082, s. 29 |
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| 55 | | - | 775.083, or s. 775.084. 30 |
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| 56 | | - | (c) If the funds, assets, or property involved in the 31 |
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| 57 | | - | theft from an organization qualified as charitable under s. 32 |
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| 58 | | - | 501(c)(3) of the Internal Revenue Code is valued at $300 or 33 |
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| 59 | | - | more, but less than $10,000, the offender commits a felony of 34 |
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| 60 | | - | the third degree, punishable as pro vided in s. 775.082, s. 35 |
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| 61 | | - | 775.083, or s. 775.084. 36 |
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| 62 | | - | (2) A person who is convicted of theft of more than $1,000 37 |
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| 63 | | - | from an organization that he or she knows or has reason to 38 |
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| 64 | | - | believe is qualified as charitable under s. 501(c)(3) of the 39 |
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| 65 | | - | Internal Revenue Code shall be ordered by the sentencing judge 40 |
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| 66 | | - | to make restitution to the victim of such offense and to perform 41 |
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| 67 | | - | up to 500 hours of community service work. Such restitution and 42 |
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| 68 | | - | community service work shall be in addition to any fine or 43 |
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| 69 | | - | sentence which may be imposed an d shall not be in lieu thereof. 44 |
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| 70 | | - | Section 2. This act shall take effect October 1, 2023. 45 |
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| 51 | + | 501(c)(3) of the Internal Rev enue Code is valued at $10,000 or 26 |
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| 52 | + | more, but less than $50,000, the offender commits a felony of 27 |
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| 53 | + | the second degree, punishable as provided in s. 775.082, s. 28 |
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| 54 | + | 775.083, or s. 775.084. 29 |
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| 55 | + | (c) If the funds, assets, or property involved in the 30 |
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| 56 | + | theft from an organi zation qualified as charitable under s. 31 |
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| 57 | + | 501(c)(3) of the Internal Revenue Code is valued at $300 or 32 |
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| 58 | + | more, but less than $10,000, the offender commits a felony of 33 |
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| 59 | + | the third degree, punishable as provided in s. 775.082, s. 34 |
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| 60 | + | 775.083, or s. 775.084. 35 |
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| 61 | + | (2) A person who is convicted of theft of more than $1,000 36 |
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| 62 | + | from an organization qualified as charitable under s. 501(c)(3) 37 |
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| 63 | + | of the Internal Revenue Code shall be ordered by the sentencing 38 |
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| 64 | + | judge to make restitution to the victim of such offense and to 39 |
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| 65 | + | perform up to 500 hours of community service work. Such 40 |
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| 66 | + | restitution and community service work shall be in addition to 41 |
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| 67 | + | any fine or sentence which may be imposed and shall not be in 42 |
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| 68 | + | lieu thereof. 43 |
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| 69 | + | Section 2. This act shall take effect October 1, 2023. 44 |
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