Florida Senate - 2020 CS for SB 728
By the Committee on Infrastructure and Security; and Senator
Stargel
596-02228-20 2020728c1
1 A bill to be entitled
2 An act relating to threats; amending s. 790.162, F.S.;
3 prohibiting threats to use, including future threats
4 to use, a firearm or weapon with specified intent;
5 prohibiting a person from threatening the future
6 throwing, projecting, placing, or discharging of any
7 destructive device with specified intent; providing
8 applicability; providing criminal penalties; amending
9 s. 790.163, F.S.; prohibiting a person from making a
10 false report with specified intent concerning the
11 current or future placing or planting of any bomb,
12 dynamite, other deadly explosive, or weapon of mass
13 destruction or concerning the current or future use of
14 a firearm in a violent manner against a person or
15 persons; providing criminal penalties; amending s.
16 790.164, F.S.; prohibiting a person from making a
17 false report with specified intent concerning the
18 current or future placing or planting of any bomb,
19 dynamite, other deadly explosive, or weapon of mass
20 destruction concerning any act of arson or other
21 violence to property owned by the state or a political
22 subdivision, or concerning the current or future use
23 of firearms in a violent manner against a person or
24 persons; providing criminal penalties; amending s.
25 921.0022, F.S.; conforming a provision to changes made
26 by the act; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 790.162, Florida Statutes, is amended to
31 read:
32 790.162 Threats involving a firearm, weapon, or Threat to
33 throw, project, place, or discharge any destructive device,
34 felony; penalty.—
35 (1) It is unlawful for any person to threaten:
36 (a) The use of a firearm or any weapon, including the
37 future use of a firearm or any weapon if the threat is
38 sufficient to cause alarm in a reasonable person; or
39 (b) To threaten to throw, project, place, or discharge any
40 destructive device, including the future throwing, projecting,
41 placing, or discharging of any destructive device,
42
43 with intent to do bodily harm to any person or with intent to do
44 damage to any property of any person.
45 (2) A person does not violate subsection (1) if he or she
46 uses or threatens to use a firearm or any other weapon in lawful
47 self-defense, lawful defense of others, or lawful defense of
48 property.
49 (3) A, and any person who violates subsection (1) convicted
50 thereof commits a felony of the second degree, punishable as
51 provided in s. 775.082, s. 775.083, or s. 775.084.
52 Section 2. Subsection (1) of section 790.163, Florida
53 Statutes, is amended to read:
54 790.163 False report concerning planting a bomb, an
55 explosive, or a weapon of mass destruction, or concerning the
56 use of firearms in a violent manner; penalty.—
57 (1) It is unlawful for any person to make a false report,
58 with intent to deceive, mislead, or otherwise misinform any
59 person, concerning the current or future placing or planting of
60 any bomb, dynamite, other deadly explosive, or weapon of mass
61 destruction as defined in s. 790.166, or concerning the current
62 or future use of firearms in a violent manner against a person
63 or persons. A person who violates this subsection commits a
64 felony of the second degree, punishable as provided in s.
65 775.082, s. 775.083, or s. 775.084.
66 Section 3. Subsection (1) of section 790.164, Florida
67 Statutes, is amended to read:
68 790.164 False reports concerning planting a bomb,
69 explosive, or weapon of mass destruction in, or committing arson
70 against, state-owned property, or concerning the use of firearms
71 in a violent manner; penalty; reward.—
72 (1) It is unlawful for any person to make a false report,
73 with intent to deceive, mislead, or otherwise misinform any
74 person, concerning the current or future placing or planting of
75 any bomb, dynamite, other deadly explosive, or weapon of mass
76 destruction as defined in s. 790.166, concerning any act of
77 arson or other violence to property owned by the state or any
78 political subdivision, or concerning the current or future use
79 of firearms in a violent manner against a person or persons. A
80 person who violates this subsection commits a felony of the
81 second degree, punishable as provided in s. 775.082, s. 775.083,
82 or s. 775.084.
83 Section 4. Paragraph (e) of subsection (3) of section
84 921.0022, Florida Statutes, is amended to read:
85 921.0022 Criminal Punishment Code; offense severity ranking
86 chart.—
87 (3) OFFENSE SEVERITY RANKING CHART
88 (e) LEVEL 5
89
90 FloridaStatute FelonyDegree Description
91 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
92 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
93 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
94 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
95 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
96 379.365(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 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.
97 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
98 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
99 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
100 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
101 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
102 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
103 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
104 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
105 790.01(2) 3rd Carrying a concealed firearm.
106 790.162 2nd Threat involving firearm, weapon, or to throw or discharge destructive device.
107 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
108 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
109 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
110 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
111 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
112 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
113 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
114 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
115 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
116 812.019(1) 2nd Stolen property; dealing in or trafficking in.
117 812.131(2)(b) 3rd Robbery by sudden snatching.
118 812.16(2) 3rd Owning, operating, or conducting a chop shop.
119 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
120 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
121 817.2341(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.
122 817.568(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.
123 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
124 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
125 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
126 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
127 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
128 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
129 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
130 843.01 3rd Resist officer with violence to person; resist arrest with violence.
131 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
132 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
133 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
134 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
135 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
136 893.13(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).
137 893.13(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.
138 893.13(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.
139 893.13(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.
140 893.13(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.
141 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
142 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
143 Section 5. This act shall take effect October 1, 2020.