The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 836
INTRODUCER: Senator Powell
SUBJECT: Theft from Nonprofit Organizations
DATE: March 24, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Erickson Stokes CJ Pre-meeting
2. ACJ
3. FP
I. Summary:
SB 836 creates s. 812.0146, F.S., to reclassify the crime of theft, when such theft is from an
organization qualified as charitable under s. 501(c)(3) of the Internal Revenue Code. The crime
of theft is reclassified based on the value of the property taken. If the funds, assets, or property
involved in the theft from a qualified organization is valued at:
• Fifty thousand dollars or more, the offender commits a first degree felony.
• Ten thousand dollars or more, but less than $50,000, the offender commits a second degree
felony.
• Three hundred dollars or more, but less than $10,000, the offender commits a third degree
felony.
A person who is convicted of theft of more than $1,000 from a qualified organization must be
ordered to make restitution to the victim and to perform up to 500 hours of community service.
The bill may have a positive indeterminate fiscal impact. See Section V. Fiscal Impact
Statement.
The bill is effective October 1, 2023.
II. Present Situation:
A nonprofit organization, as defined in 26 U.S.C. s. 501(c)(3), is an organization that is
organized and operated exclusively for religious, charitable, scientific, public safety, literary, or
educational purposes, or to foster specified national or international amateur sports competition,
or for the prevention of cruelty to children or animals. None of such an organizations earnings
may benefit any private shareholder or individual. No substantial part of the organizations
activities may be directed towards attempting to influence legislation or any political campaign.
REVISED: BILL: SB 836 Page 2
Property Theft
Section 812.014, F.S., provides that a person commits theft if he or she knowingly obtains or
uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or
permanently:
• Deprive the other person of a right to the property or a benefit from the property; or
• Appropriate the property to his or her own use or to the use of any person not entitled to the
use of the property.
1
Second degree petit theft, a second degree misdemeanor, is theft of property valued at less than
$100.
2
First degree petit theft, a first degree misdemeanor, is theft of property valued at $100 or
more but less than $750.
3
Second degree petit theft incurs greater penalties if there is a prior theft
conviction: it is a first degree misdemeanor if there is one prior conviction,
4
and a third degree
felony if there are two or more prior convictions.
5
Third degree grand theft, a third degree felony,
6
is theft of:
• Property valued at $750 or more, but less than $20,000;
• Specified property including, but not limited to:
o A will, codicil, or testamentary instrument;
o A firearm;
o Any commercially farmed animal,
7
a bee colony of a registered beekeeper, or aquaculture
species raised at a certified aquaculture facility;
8
o Any fire extinguisher;
9
o Citrus fruit of 2,000 or more individual pieces;
o Any stop sign;
o Property taken from a designated, posted construction site;
10
and
• Property from a dwelling or its unenclosed curtilage if the property is valued at $100 or
more, but less than $750.
11
Reclassification of Theft Offenses
Certain theft offenses are reclassified to the next higher degree offense if the person committing
the offense has previous theft convictions. A petit theft offense is reclassified to a third degree
1
Section 812.014(1), F.S.
2
Section 812.014(3)(a), F.S. A second degree misdemeanor is punishable by up to 60 days in jail and a fine of up to $500.
Sections 775.082 and 775.083, F.S.
3
Section 812.014(2)(e), F.S. A first degree misdemeanor is punishable by up to one year in jail and a fine of up to $1,000.
Sections 775.082 and 775.083, F.S.
4
Section 812.014(3)(b), F.S.
5
Section 812.014(3)(c), F.S.
6
A third degree felony is punishable by up to 5 years’ incarceration and a fine of up to $5,000. Sections 775.082 and
775.083, F.S.
7
This includes any animal of the equine, avian, bovine, or swine class or other grazing animal.
8
If the theft is of these types of property, a fine of $10,000 must be imposed. Section 812.014 (2)(c)7., F.S.
9
Section 812.014(2)(c)8., F.S., provides that such fire extinguisher must, at the time of the taking, be installed in any
building for the purpose of fire prevention and control.
10
Section 812.014(2)(c), F.S.
11
Section 812.014(2)(d), F.S. BILL: SB 836 Page 3
felony, if the person has two previous convictions of any theft.
12
A third degree felony retail theft
offense is reclassified to a second degree felony if the person has a previous retail theft in
violation of s. 812.015(8), F.S.
13
There are no time limits between theft convictions related to theft crime level and penalty
enhancements.
Reclassification under s. 812.0145, F.S., is similar to the reclassification provided in the bill for
theft from a qualified charitable organization. Section 812.0145(2), F.S., reclassifies the degree
of theft when the victim of the theft is a person 65 years of age or older.
14
Reclassification is
based on the value of the funds, assets, or property involved in the theft:
• First degree felony (value is $50,000 or more);
• Second degree felony (value is 10,000 or more, but less than $50,000); or
• Third degree felony (value is $300 or more, but less than $10,000).
Criminal Punishment Code
The Criminal Punishment Code
15
(Code) is Florida’s primary sentencing policy. Noncapital
felonies sentenced under the Code receive an offense severity level ranking (Levels 1-10).
16
Offenses are either ranked in the Offense Severity Ranking Chart (OSRC), or are ranked by
default based on a ranking assigned to the felony degree of the offense. The Default ranking is as
follows:
• A first degree felony is ranked as a level 7 offense.
• A second degree felony is ranked as a level 4 offense.
• A third degree felony is ranked as a level 1 offense.
17
Points are assigned and accrue based upon the offense severity level ranking assigned to the
primary offense, additional offenses, and prior offenses. Sentence points escalate as the severity
level escalates. Points may also be added or multiplied for other factors such as victim injury or
the commission of certain offenses. The lowest permissible sentence is any nonstate prison
sanction in which total sentence points equal or are less than 44 points, unless the court
determines that a prison sentence is appropriate. If total sentence points exceed 44 points, the
lowest permissible sentence in prison months is calculated by subtracting 28 points from the total
sentence points and decreasing the remaining total by 25 percent.
18
Absent mitigation,
19
the
12
Section 812.014(3)(c), F.S.
13
Section 812.015(9)(a), F.S.
14
The perpetrator must know or have reason to believe that the victim was 65 years of age or older. Section 812.0145(2), F.S.
15
Sections 921.002-921.0027, F.S. See chs. 97-194 and 98-204, L.O.F. The Code is effective for offenses committed on or
after October 1, 1998.
16
Section 921.0022, F.S.
17
Section 921.0023, F.S.
18
Section 921.0024, F.S. Unless otherwise noted, information on the Code is from this source.
19
The court may “mitigate” or “depart downward” from the scored lowest permissible sentence, if the court finds a
mitigating circumstance. Section 921.0026, F.S., provides a list of mitigating circumstances. BILL: SB 836 Page 4
permissible sentencing range under the Code is generally the lowest permissible sentence scored
up to and including the maximum penalty provided under s. 775.082, F.S.
20
III. Effect of Proposed Changes:
The bill creates s. 812.0146, F.S., to reclassify the crime of theft, when such theft is from an
organization qualified as charitable under s. 501(c)(3) of the Internal Revenue Code. The crime
of theft is reclassified based on the value of the property taken. If the funds, assets, or property
involved in the theft from a qualified organization is valued at:
• Fifty thousand dollars or more, the offender commits a first degree felony.
• Ten thousand dollars or more, but less than $50,000, the offender commits a second degree
felony.
• Three hundred dollars or more, but less than $10,000, the offender commits a third degree
felony.
A person who is convicted of theft of more than $1,000 from a qualified organization must be
ordered to make restitution to the victim and to perform up to 500 hours of community service.
Such restitution and community service hours are in addition to any fine or sentence which may
be imposed by the court.
The bill does not rank the reclassified offenses on the OSRC, and therefore will default to the
statutorily assigned ranking levels, pursuant to s. 921.0023, F.S.
• The first degree felony is ranked as a level 7 offense.
• The second degree felony is ranked as a level 4 offense.
• The third degree felony is ranked as a level 1 offense.
The bill is effective October 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
20
If the scored lowest permissible sentence exceeds the maximum penalty in s. 775.082, F.S., the sentence required by the
Code must be imposed. If total sentence points are greater than or equal to 363 points, the court may sentence the offender to
life imprisonment. Section 921.0024(2), F.S. BILL: SB 836 Page 5
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Criminal Justice Impact Conference, which provides the final, official estimate of the
prison bed impact, if any, of legislation, has not yet reviewed the bill. The Legislature’s
Office of Economic and Demographic Research (EDR) preliminary estimates that the bill
will have a “positive indeterminate” prison bed impact (an unquantifiable increase in
prison beds).
21
While these felonies are newly created, other felonies currently exist where theft from
nonprofit organizations might be prosecuted, such as retail theft, grand theft, and petit
theft. Per DOC, there were 40 new commitments to prison in FY 18-19 for retail theft
offenses, and 23 new commitments in FY 19-20. There were 22 new commitments in FY
20-21, and 14 new commitments in FY 21-22. For grand theft, there were 1,511 new
commitments in FY 18-19, and 1,069 new commitments in FY 19-20. In FY 20-21, there
were 698 new commitments, and in FY 21-22, there were 785 new commitments. While
a large proportion of the grand theft commitments include a third conviction for petit
theft, there are also a large number of 1st degree misdemeanor petit theft convictions
each year for those on their first or second conviction. Per FDLE, in FY 21-22, there
were 5,335 guilty/convicted charges and 1,454 adjudication withheld charges. These
misdemeanors could be elevated to felonies under this new language, though it is not
known how many of these involved theft from a nonprofit organization, nor is it known
how many of these fall between $300 and $750, since the minimum threshold for a 1st
degree misdemeanor is $100. The same can be said for the other theft felonies where theft
from nonprofit organizations might currently fall, and which also have differing monetary
thresholds from the current language. Therefore, the impact of this new language on the
prison population cannot be quantified.
22
21
SB 836- Theft from Nonprofit Organizations, Office of Economic and Demographic Research (on file with the Senate
Committee on Criminal Justice).
22
Id. BILL: SB 836 Page 6
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 812.0146
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.