Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 436
Ì310752ÆÎ310752
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/15/2016 .
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Appropriations Subcommittee on Criminal and Civil Justice
(Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 790.163, Florida Statutes, is amended to
6 read:
7 790.163 False report concerning about planting a bomb, an
8 explosive, or a weapon of mass destruction, or concerning use of
9 firearms in a violent manner; penalty.—
10 (1) It is unlawful for any person to make a false report,
11 with intent to deceive, mislead, or otherwise misinform any
12 person, concerning the placing or planting of any bomb,
13 dynamite, other deadly explosive, or weapon of mass destruction
14 as defined in s. 790.166, or concerning the use of firearms in a
15 violent manner against a person or persons. A person who
16 violates this subsection; and any person convicted thereof
17 commits a felony of the second degree, punishable as provided in
18 s. 775.082, s. 775.083, or s. 775.084.
19 (2) Notwithstanding any other law, adjudication of guilt or
20 imposition of sentence for a violation of this section may not
21 be suspended, deferred, or withheld. However, the state attorney
22 may move the sentencing court to reduce or suspend the sentence
23 of any person who is convicted of a violation of this section
24 and who provides substantial assistance in the identification,
25 arrest, or conviction of any of his or her accomplices,
26 accessories, coconspirators, or principals.
27 (3) Proof that a person accused of violating this section
28 knowingly made a false report is prima facie evidence of the
29 accused person’s intent to deceive, mislead, or otherwise
30 misinform any person.
31 (4) In addition to any other penalty provided by law with
32 respect to any person who is convicted of a violation of this
33 section that resulted in the mobilization or action of any law
34 enforcement officer or any state or local agency, a person
35 convicted of a violation of this section may be required by the
36 court to pay restitution for all of the costs and damages
37 arising from the criminal conduct.
38 Section 2. Section 790.164, Florida Statutes, is amended to
39 read:
40 790.164 False reports concerning planting a bomb,
41 explosive, or weapon of mass destruction in, or committing arson
42 against, state-owned property, or concerning use of firearms in
43 a violent manner; penalty; reward.—
44 (1) It is unlawful for any person to make a false report,
45 with intent to deceive, mislead, or otherwise misinform any
46 person, concerning the placing or planting of any bomb,
47 dynamite, other deadly explosive, or weapon of mass destruction
48 as defined in s. 790.166, or concerning any act of arson or
49 other violence to property owned by the state or any political
50 subdivision, or concerning the use of firearms in a violent
51 manner against a person or persons. A Any person who violates
52 violating this subsection commits a felony of the second degree,
53 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
54 (2) Notwithstanding any other law, adjudication of guilt or
55 imposition of sentence for a violation of this section may not
56 be suspended, deferred, or withheld. However, the state attorney
57 may move the sentencing court to reduce or suspend the sentence
58 of any person who is convicted of a violation of this section
59 and who provides substantial assistance in the identification,
60 arrest, or conviction of any of his or her accomplices,
61 accessories, coconspirators, or principals.
62 (3) Proof that a person accused of violating this section
63 knowingly made a false report is prima facie evidence of the
64 accused person’s intent to deceive, mislead, or otherwise
65 misinform any person.
66 (4)(a) There shall be a $5,000 reward for the giving of
67 information to any law enforcement agency in the state, which
68 information leads to the arrest and conviction of any person
69 violating the provisions of this section. Any person claiming
70 such reward shall apply to the law enforcement agency developing
71 the case and be paid by the Department of Law Enforcement from
72 the deficiency fund.
73 (b) There shall be only one reward given for each case,
74 regardless of how many persons are arrested and convicted in
75 connection with the case and regardless of how many persons
76 submit claims for the reward.
77 (c) The Department of Law Enforcement shall establish
78 procedures to be used by all reward applicants, and the circuit
79 judge in whose jurisdiction the action occurs shall review all
80 such applications and make final determination as to those
81 applicants entitled to receive an award.
82 (d) In addition to any other penalty provided by law with
83 respect to any person who is convicted of a violation of this
84 section that resulted in the mobilization or action of any law
85 enforcement officer or any state or local agency, a person
86 convicted of a violation of this section may be required by the
87 court to pay restitution for all of the costs and damages
88 arising from the criminal conduct.
89 Section 3. Section 836.12, Florida Statutes, is created to
90 read:
91 836.12 Terroristic threats.—
92 (1) As used in this section, the term:
93 (a) “Family member of a person” means:
94 1. An individual related to the person by blood or
95 marriage; or
96 2. An individual to whom the person stands in loco
97 parentis.
98 (b) “Law enforcement officer” means:
99 1. Law enforcement officer as defined in s. 943.10; or
100 2. Federal law enforcement officer as defined in s.
101 901.1505.
102 (2) It is unlawful for a person to threaten to commit a
103 crime of violence with the intent to cause, or with reckless
104 disregard for the risk of causing:
105 (a) Terror; or
106 (b) The evacuation of a building, place of assembly, or
107 facility of public transportation.
108 (3) A person who violates s. 790.163 or s. 790.164 commits
109 a felony of the second degree, punishable as provided in s.
110 775.082, s. 775.083, or s. 775.084, if the violation:
111 (a) Causes the occupants of a building, place of assembly,
112 or facility of public transportation to be diverted from their
113 normal or customary operations;
114 (b) Involves a threat against a law enforcement officer, a
115 state attorney or assistant state attorney, a firefighter, a
116 judge, or an elected official; or
117 (c) Involves a threat against a family member of a person
118 identified in paragraph (b).
119 (4) A person convicted of violating subsection (3) shall,
120 in addition to any other restitution or penalty provided by law,
121 pay restitution for all costs and damages caused by an
122 evacuation resulting from the criminal violation.
123 Section 4. Paragraphs (e) and (f) of subsection (3) of
124 section 921.0022, Florida Statutes, are amended to read:
125 921.0022 Criminal Punishment Code; offense severity ranking
126 chart.—
127 (3) OFFENSE SEVERITY RANKING CHART
128 (e) LEVEL 5
129
130 FloridaStatute FelonyDegree Description
131 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
132 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
133 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
134 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
135 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
136 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
137 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
138 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
139 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
140 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
141 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
142 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
143 790.01(2) 3rd Carrying a concealed firearm.
144 790.162 2nd Threat to throw or discharge destructive device.
145 790.163(1) 2nd False report of bomb, deadly explosive, or weapon of mass destruction, or use of firearms in violent manner.
146 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
147 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
148 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
149 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
150 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
151 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
152 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
153 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
154 812.019(1) 2nd Stolen property; dealing in or trafficking in.
155 812.131(2)(b) 3rd Robbery by sudden snatching.
156 812.16(2) 3rd Owning, operating, or conducting a chop shop.
157 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
158 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
159 817.2341(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.
160 817.568(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.
161 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
162 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
163 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
164 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
165 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
166 843.01 3rd Resist officer with violence to person; resist arrest with violence.
167 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
168 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
169 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
170 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
171 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
172 893.13(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)4. drugs).
173 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
174 893.13(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)4. drugs) within 1,000 feet of university.
175 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
176 893.13(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)4. drugs) within 1,000 feet of public housing facility.
177 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
178 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
179
180 (f) LEVEL 6
181
182 FloridaStatute FelonyDegree Description
183 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
184 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
185 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
186 499.0051(3) 2nd Knowing forgery of pedigree papers.
187 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
188 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
189 775.0875(1) 3rd Taking firearm from law enforcement officer.
190 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
191 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
192 784.041 3rd Felony battery; domestic battery by strangulation.
193 784.048(3) 3rd Aggravated stalking; credible threat.
194 784.048(5) 3rd Aggravated stalking of person under 16.
195 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
196 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
197 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
198 784.081(2) 2nd Aggravated assault on specified official or employee.
199 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
200 784.083(2) 2nd Aggravated assault on code inspector.
201 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
202 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
203 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
204 790.164(1) 2nd False report concerning bomb, of deadly explosive, weapon of mass destruction, or act of arson or violence to state property, or use of firearms in violent manner.
205 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
206 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
207 794.05(1) 2nd Unlawful sexual activity with specified minor.
208 800.04(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.
209 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
210 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
211 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
212 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
213 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
214 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
215 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
216 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
217 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
218 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
219 825.102(1) 3rd Abuse of an elderly person or disabled adult.
220 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
221 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
222 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
223 827.03(2)(c) 3rd Abuse of a child.
224 827.03(2)(d) 3rd Neglect of a child.
225 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
226 836.05 2nd Threats; extortion.
227 836.10 2nd Written threats to kill or do bodily injury.
228 843.12 3rd Aids or assists person to escape.
229 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
230 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
231 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
232 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
233 944.35(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.
234 944.40 2nd Escapes.
235 944.46 3rd Harboring, concealing, aiding escaped prisoners.
236 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
237 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
238
239 Section 5. For the purpose of incorporating the amendment
240 made by this act to section 790.163, Florida Statutes, in a
241 reference thereto, paragraph (m) of subsection (2) of section
242 1006.07, Florida Statutes, is reenacted to read:
243 1006.07 District school board duties relating to student
244 discipline and school safety.—The district school board shall
245 provide for the proper accounting for all students, for the
246 attendance and control of students at school, and for proper
247 attention to health, safety, and other matters relating to the
248 welfare of students, including:
249 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
250 conduct for elementary schools and a code of student conduct for
251 middle and high schools and distribute the appropriate code to
252 all teachers, school personnel, students, and parents, at the
253 beginning of every school year. Each code shall be organized and
254 written in language that is understandable to students and
255 parents and shall be discussed at the beginning of every school
256 year in student classes, school advisory council meetings, and
257 parent and teacher association or organization meetings. Each
258 code shall be based on the rules governing student conduct and
259 discipline adopted by the district school board and shall be
260 made available in the student handbook or similar publication.
261 Each code shall include, but is not limited to:
262 (m) Notice that any student who is determined to have made
263 a threat or false report, as defined by ss. 790.162 and 790.163,
264 respectively, involving school or school personnel’s property,
265 school transportation, or a school-sponsored activity will be
266 expelled, with or without continuing educational services, from
267 the student’s regular school for a period of not less than 1
268 full year and referred for criminal prosecution. District school
269 boards may assign the student to a disciplinary program or
270 second chance school for the purpose of continuing educational
271 services during the period of expulsion. District school
272 superintendents may consider the 1-year expulsion requirement on
273 a case-by-case basis and request the district school board to
274 modify the requirement by assigning the student to a
275 disciplinary program or second chance school if it is determined
276 to be in the best interest of the student and the school system.
277 Section 6. For the purpose of incorporating the amendment
278 made by this act to section 790.163, Florida Statutes, in a
279 reference thereto, paragraph (b) of subsection (3) of section
280 1006.13, Florida Statutes, is reenacted to read:
281 1006.13 Policy of zero tolerance for crime and
282 victimization.—
283 (3) Zero-tolerance policies must require students found to
284 have committed one of the following offenses to be expelled,
285 with or without continuing educational services, from the
286 student’s regular school for a period of not less than 1 full
287 year, and to be referred to the criminal justice or juvenile
288 justice system.
289 (b) Making a threat or false report, as defined by ss.
290 790.162 and 790.163, respectively, involving school or school
291 personnel’s property, school transportation, or a school
292 sponsored activity.
293
294 District school boards may assign the student to a disciplinary
295 program for the purpose of continuing educational services
296 during the period of expulsion. District school superintendents
297 may consider the 1-year expulsion requirement on a case-by-case
298 basis and request the district school board to modify the
299 requirement by assigning the student to a disciplinary program
300 or second chance school if the request for modification is in
301 writing and it is determined to be in the best interest of the
302 student and the school system. If a student committing any of
303 the offenses in this subsection is a student who has a
304 disability, the district school board shall comply with
305 applicable State Board of Education rules.
306 Section 7. This act shall take effect October 1, 2016.
307
308 ================= T I T L E A M E N D M E N T ================
309 And the title is amended as follows:
310 Delete everything before the enacting clause
311 and insert:
312 A bill to be entitled
313 An act relating to relating to the crime of making
314 threats of terror or violence ; amending ss. 790.163
315 and 790.164, F.S.; creating the crime of falsely
316 reporting the use of firearms in a violent manner
317 against a person or persons; creating s. 836.12, F.S.;
318 defining the terms “family member of a person” and
319 “law enforcement officer”; providing a criminal
320 penalty for a violation of specified provisions under
321 certain circumstances; requiring payment of
322 restitution; amending s. 921.0022, F.S.; conforming
323 provisions to changes made by the act; reenacting ss.
324 1006.07(2)(m) and 1006.13(3)(b), F.S., relating to
325 district school board duties relating to student
326 discipline and school safety and a policy of zero
327 tolerance for crime and victimization, respectively,
328 to incorporate the amendment made to s. 790.163, F.S.,
329 in references thereto; providing an effective date.