Florida State Sen. Jim Boyd (R-District 21) sponsored legislation that would crack down on organized retail theft, but included a provision that would have legalized theft of food items so long as the thief consumed the food.

Critics of the legislation quickly pointed out that the provision in the bill resembled Proposition 47 in California, which was adopted in 2014. The proposition made thefts of $950 or less a misdemeanor.

Boyd’s legislation, SB 1534, read that food items would not be subject to criminal statute and not considered theft.

“A person’s theft of one or more food items with the intent to consume such items for the sustenance of himself or herself or another person under his or her care is not a theft violation for purposes of this paragraph,” the bill read.

However, this language has been removed, according to the amended bill.

Boyd’s office did not return an email inquiry asking why the language was included in the bill and why it was amended.

The Florida Retail Federation (FRF) offered its support for the legislation.

“Organized retail crime has grown significantly over the past two years,” said Scott Shalley, president and CEO of the Florida Retail Federation, in a release. “This is not petty theft from a convenience store. Organized retail crime refers to criminal gangs that routinely steal hundreds, thousands and sometimes millions of dollars of merchandise from retailers. Thanks to General Moody, Senator Boyd and Representative Clemons, we’re standing up to the gangs.”

The FRF, in its release, included comments that this bill was “priority” legislation for Moody.

However, the FRF and Attorney General Ashley Moody’s office did not respond to requests from The Florida Capital Star to clarify if they supported the original legislation which included the legalized food theft language.

Earlier this week, the amended bill passed the Senate Criminal Justice Committee unanimously, nine to zero.

State Sen. Dennis Baxley (R-District 12) said the amended bill would assist in sending a message that Florida will hold criminals accountable.

“They’re back gaming the system that we’ve done to try to accommodate the adversity of life on people,” said Baxley. “I think it’s time, for the sake of our civilization, that we just start reinforcing some key principles that stealing is wrong.”

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Grant Holcomb is a reporter at The Florida Capital Star and The Star News Network. Follow Grant on Twitter and direct message tips.
Photo “Jim Boyd” by Jim Boyd.