CS for CS for SB 728 First Engrossed
2020728e1
1 A bill to be entitled
2 An act relating to threats; amending s. 790.162, F.S.;
3 decreasing the criminal penalty for threatening to
4 throw, project, place, or discharge any destructive
5 device with intent to do bodily harm to any person or
6 with intent to do damage to any property of any
7 person; prohibiting threats to use a firearm or weapon
8 with specified intent; providing applicability;
9 providing criminal penalties; amending s. 921.0022,
10 F.S.; conforming provisions to changes made by the
11 act; amending s. 784.046, F.S.; redefining the term
12 “violence” to include incidents of cyberstalking;
13 amending s. 784.048, F.S.; redefining the term
14 “cyberstalk”; providing effective dates.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 790.162, Florida Statutes, is amended to
19 read:
20 790.162 Threats involving a firearm, weapon, or Threat to
21 throw, project, place, or discharge any destructive device,
22 felony; penalty.—
23 (1) It is unlawful for any person to threaten to throw,
24 project, place, or discharge any destructive device with intent
25 to do bodily harm to any person or with intent to do damage to
26 any property of any person. A person who violates this
27 subsection, and any person convicted thereof commits a felony of
28 the third second degree, punishable as provided in s. 775.082,
29 s. 775.083, or s. 775.084.
30 (2) It is unlawful for any person to threaten the use of a
31 firearm or any weapon at a child care facility as defined in s.
32 402.302, a school as defined in s. 790.115(2)(a), a religious
33 institution as defined in s. 496.404(23), a theme park complex
34 as defined in s. 817.361(1)(c), or any building owned by a
35 federal, state, county, municipality, or other local government
36 or political subdivision, with intent to do bodily harm to any
37 person or with intent to do damage to any of the listed
38 properties, if the threat is sufficient to cause alarm in a
39 reasonable person. A person who violates this subsection commits
40 a felony of the third degree, punishable as provided in s.
41 775.082, s. 775.083, or s. 775.084.
42 (3) A person does not violate subsection (2) if he or she
43 uses or threatens to use a firearm or any other weapon in lawful
44 self-defense, lawful defense of others, or lawful defense of
45 property.
46 Section 2. Paragraph (e) of subsection (3) of section
47 921.0022, Florida Statutes, is amended to read:
48 921.0022 Criminal Punishment Code; offense severity ranking
49 chart.—
50 (3) OFFENSE SEVERITY RANKING CHART
51 (e) LEVEL 5
52
53 FloridaStatute FelonyDegree Description
54 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
55 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
56 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
57 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
58 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
59 379.365(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.
60 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
61 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
62 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
63 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
64 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
65 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
66 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
67 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
68 790.01(2) 3rd Carrying a concealed firearm.
69 790.162(1)790.162 3rd 2nd Threat to throw or discharge destructive device.
70 790.162(2) 3rd Threat involving firearm or weapon.
71 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
72 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
73 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
74 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
75 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
76 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
77 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
78 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
79 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
80 812.019(1) 2nd Stolen property; dealing in or trafficking in.
81 812.131(2)(b) 3rd Robbery by sudden snatching.
82 812.16(2) 3rd Owning, operating, or conducting a chop shop.
83 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
84 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
85 817.2341(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.
86 817.568(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.
87 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
88 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
89 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
90 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
91 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
92 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
93 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
94 843.01 3rd Resist officer with violence to person; resist arrest with violence.
95 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
96 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
97 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
98 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
99 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
100 893.13(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).
101 893.13(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.
102 893.13(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.
103 893.13(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.
104 893.13(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.
105 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
106 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
107 Section 3. Effective upon this act becoming a law,
108 paragraph (a) of subsection (1) of section 784.046, Florida
109 Statutes, is amended to read:
110 784.046 Action by victim of repeat violence, sexual
111 violence, or dating violence for protective injunction; dating
112 violence investigations, notice to victims, and reporting;
113 pretrial release violations; public records exemption.—
114 (1) As used in this section, the term:
115 (a) “Violence” means any assault, aggravated assault,
116 battery, aggravated battery, sexual assault, sexual battery,
117 stalking, aggravated stalking, cyberstalking, kidnapping, or
118 false imprisonment, or any criminal offense resulting in
119 physical injury or death, by a person against any other person.
120 Section 4. Effective upon this act becoming a law,
121 paragraph (d) of subsection (1) of section 784.048, Florida
122 Statutes, is amended to read:
123 784.048 Stalking; definitions; penalties.—
124 (1) As used in this section, the term:
125 (d) “Cyberstalk” means:
126 1. To engage in a course of conduct to communicate, or to
127 cause to be communicated, words, images, or language by or
128 through any of the following:
129 a. The use of electronic mail or electronic communication,
130 directed at a specific person; or
131 b. Posting on an Internet website, blog, or social network,
132 the content of which pertains to a specific person despite the
133 fact that the post may also be visible to or accessed by other
134 subscribers of the social networking site; or
135 2. To access, or attempt to access, the online accounts or
136 Internet-connected home electronic systems of another person
137 without that person’s permission,
138
139 causing substantial emotional distress to that person and
140 serving no legitimate purpose.
141 Section 5. Except as otherwise expressly provided in this
142 act and except for this section, which shall take effect upon
143 this act becoming a law, this act shall take effect October 1,
144 2020.