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.