Florida Senate - 2017 CS for SB 260
By the Committee on Criminal Justice; and Senator Steube
591-02913-17 2017260c1
1 A bill to be entitled
2 An act relating to threats to kill or do bodily
3 injury; amending s. 836.10, F.S.; prohibiting a person
4 from making a threat to kill or do bodily injury in a
5 writing or other record, or by posting or transmitting
6 the threat in a specified manner; deleting
7 requirements that a threat be sent to a specific
8 recipient to be prohibited; providing separate
9 penalties for juveniles and adults; amending s.
10 901.15; F.S.; authorizing a law enforcement officer to
11 arrest a person without a warrant for a criminal act
12 of threat to kill or do bodily injury, as shown in a
13 posting or as transmitted in a specified manner;
14 reenacting ss. 794.056(1), 921.0022(3)(f), and
15 938.085, F.S., relating to the Rape Crisis Program
16 Trust Fund, to the offense severity ranking chart of
17 the Criminal Punishment Code, and to additional cost
18 to fund rape crisis centers, respectively, to
19 incorporate the amendment made to s. 836.10, F.S., in
20 references thereto; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 836.10, Florida Statutes, is amended to
25 read:
26 836.10 Written threats to kill or do bodily injury;
27 punishment.—
28 (1) It is unlawful for a Any person to make who writes or
29 composes and also sends or procures the sending of any letter,
30 inscribed communication, or electronic communication, whether
31 such letter or communication be signed or anonymous, to any
32 person, containing a threat to kill or to do bodily injury to
33 another the person:
34 (a) In a writing or other record, including an electronic
35 record; or
36 (b) By posting or transmitting, or procuring the posting or
37 transmission, in a manner that would allow any person to view
38 the threat.
39 (2) A person who is 18 years of age or older and who
40 violates this section to whom such letter or communication is
41 sent, or a threat to kill or do bodily injury to any member of
42 the family of the person to whom such letter or communication is
43 sent commits a felony of the second degree, punishable as
44 provided in s. 775.082, s. 775.083, or s. 775.084.
45 (3) A person who is under the age of 18 and who violates
46 this section commits a misdemeanor of the first degree,
47 punishable as provided in s. 775.082 or s. 775.083.
48 (4) For purposes of this section, the term “electronic
49 record” means relating to technology having electrical, digital,
50 magnetic, wireless, optical, electromagnetic, or similar
51 capabilities.
52 Section 2. Subsection (17) is added to section 901.15,
53 Florida Statutes, to read:
54 901.15 When arrest by officer without warrant is lawful.—A
55 law enforcement officer may arrest a person without a warrant
56 when:
57 (17) There is probable cause to believe that the person has
58 committed a criminal act of threat to kill or do bodily injury
59 as described in s. 836.10.
60 Section 3. For the purpose of incorporating the amendment
61 made by this act to section 836.10, Florida Statutes, in a
62 reference thereto, subsection (1) of section 794.056, Florida
63 Statutes, is reenacted to read:
64 794.056 Rape Crisis Program Trust Fund.—
65 (1) The Rape Crisis Program Trust Fund is created within
66 the Department of Health for the purpose of providing funds for
67 rape crisis centers in this state. Trust fund moneys shall be
68 used exclusively for the purpose of providing services for
69 victims of sexual assault. Funds credited to the trust fund
70 consist of those funds collected as an additional court
71 assessment in each case in which a defendant pleads guilty or
72 nolo contendere to, or is found guilty of, regardless of
73 adjudication, an offense provided in s. 775.21(6) and (10)(a),
74 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
75 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
76 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
77 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
78 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
79 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
80 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
81 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
82 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
83 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
84 fund also shall include revenues provided by law, moneys
85 appropriated by the Legislature, and grants from public or
86 private entities.
87 Section 4. For the purpose of incorporating the amendment
88 made by this act to section 836.10, Florida Statutes, in a
89 reference thereto, paragraph (f) of subsection (3) of section
90 921.0022, Florida Statutes, is reenacted to read:
91 921.0022 Criminal Punishment Code; offense severity ranking
92 chart.—
93 (3) OFFENSE SEVERITY RANKING CHART
94 (f) LEVEL 6
95
96
97 FloridaStatute FelonyDegree Description
98 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
99 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
100 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
101 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
102 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
103 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
104 775.0875(1) 3rd Taking firearm from law enforcement officer.
105 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
106 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
107 784.041 3rd Felony battery; domestic battery by strangulation.
108 784.048(3) 3rd Aggravated stalking; credible threat.
109 784.048(5) 3rd Aggravated stalking of person under 16.
110 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
111 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
112 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
113 784.081(2) 2nd Aggravated assault on specified official or employee.
114 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
115 784.083(2) 2nd Aggravated assault on code inspector.
116 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
117 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
118 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
119 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
120 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
121 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
122 794.05(1) 2nd Unlawful sexual activity with specified minor.
123 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
124 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
125 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
126 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
127 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
128 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
129 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
130 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
131 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
132 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
133 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
134 825.102(1) 3rd Abuse of an elderly person or disabled adult.
135 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
136 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
137 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
138 827.03(2)(c) 3rd Abuse of a child.
139 827.03(2)(d) 3rd Neglect of a child.
140 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
141 836.05 2nd Threats; extortion.
142 836.10 2nd Written threats to kill or do bodily injury.
143 843.12 3rd Aids or assists person to escape.
144 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
145 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
146 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
147 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
148 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
149 944.40 2nd Escapes.
150 944.46 3rd Harboring, concealing, aiding escaped prisoners.
151 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
152 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
153
154
155 Section 5. For the purpose of incorporating the amendment
156 made by this act to section 836.10, Florida Statutes, in a
157 reference thereto, section 938.085, Florida Statutes, is
158 reenacted to read:
159 938.085 Additional cost to fund rape crisis centers.—In
160 addition to any sanction imposed when a person pleads guilty or
161 nolo contendere to, or is found guilty of, regardless of
162 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
163 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
164 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
165 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
166 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
167 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
168 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
169 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
170 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
171 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
172 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
173 $151. Payment of the surcharge shall be a condition of
174 probation, community control, or any other court-ordered
175 supervision. The sum of $150 of the surcharge shall be deposited
176 into the Rape Crisis Program Trust Fund established within the
177 Department of Health by chapter 2003-140, Laws of Florida. The
178 clerk of the court shall retain $1 of each surcharge that the
179 clerk of the court collects as a service charge of the clerk’s
180 office.
181 Section 6. This act shall take effect October 1, 2017.