Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 436
Ì4186342Î418634
576-03396-16
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Criminal and Civil Justice)
1 A bill to be entitled
2 An act relating to relating to the crime of making
3 threats of terror or violence ; amending ss. 790.163
4 and 790.164, F.S.; creating the crime of falsely
5 reporting the use of firearms in a violent manner
6 against a person or persons; creating s. 836.12, F.S.;
7 defining the terms “family member of a person” and
8 “law enforcement officer”; providing a criminal
9 penalty for a violation of specified provisions under
10 certain circumstances; requiring payment of
11 restitution; amending s. 921.0022, F.S.; conforming
12 provisions to changes made by the act; reenacting ss.
13 1006.07(2)(m) and 1006.13(3)(b), F.S., relating to
14 district school board duties relating to student
15 discipline and school safety and a policy of zero
16 tolerance for crime and victimization, respectively,
17 to incorporate the amendment made to s. 790.163, F.S.,
18 in references thereto; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 790.163, Florida Statutes, is amended to
23 read:
24 790.163 False report concerning about planting a bomb, an
25 explosive, or a weapon of mass destruction, or concerning use of
26 firearms in a violent manner; penalty.—
27 (1) It is unlawful for any person to make a false report,
28 with intent to deceive, mislead, or otherwise misinform any
29 person, concerning the placing or planting of any bomb,
30 dynamite, other deadly explosive, or weapon of mass destruction
31 as defined in s. 790.166, or concerning the use of firearms in a
32 violent manner against a person or persons. A person who
33 violates this subsection; and any person convicted thereof
34 commits a felony of the second degree, punishable as provided in
35 s. 775.082, s. 775.083, or s. 775.084.
36 (2) Notwithstanding any other law, adjudication of guilt or
37 imposition of sentence for a violation of this section may not
38 be suspended, deferred, or withheld. However, the state attorney
39 may move the sentencing court to reduce or suspend the sentence
40 of any person who is convicted of a violation of this section
41 and who provides substantial assistance in the identification,
42 arrest, or conviction of any of his or her accomplices,
43 accessories, coconspirators, or principals.
44 (3) Proof that a person accused of violating this section
45 knowingly made a false report is prima facie evidence of the
46 accused person’s intent to deceive, mislead, or otherwise
47 misinform any person.
48 (4) In addition to any other penalty provided by law with
49 respect to any person who is convicted of a violation of this
50 section that resulted in the mobilization or action of any law
51 enforcement officer or any state or local agency, a person
52 convicted of a violation of this section may be required by the
53 court to pay restitution for all of the costs and damages
54 arising from the criminal conduct.
55 Section 2. Section 790.164, Florida Statutes, is amended to
56 read:
57 790.164 False reports concerning planting a bomb,
58 explosive, or weapon of mass destruction in, or committing arson
59 against, state-owned property, or concerning use of firearms in
60 a violent manner; penalty; reward.—
61 (1) It is unlawful for any person to make a false report,
62 with intent to deceive, mislead, or otherwise misinform any
63 person, concerning the placing or planting of any bomb,
64 dynamite, other deadly explosive, or weapon of mass destruction
65 as defined in s. 790.166, or concerning any act of arson or
66 other violence to property owned by the state or any political
67 subdivision, or concerning the use of firearms in a violent
68 manner against a person or persons. A Any person who violates
69 violating this subsection commits a felony of the second degree,
70 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
71 (2) Notwithstanding any other law, adjudication of guilt or
72 imposition of sentence for a violation of this section may not
73 be suspended, deferred, or withheld. However, the state attorney
74 may move the sentencing court to reduce or suspend the sentence
75 of any person who is convicted of a violation of this section
76 and who provides substantial assistance in the identification,
77 arrest, or conviction of any of his or her accomplices,
78 accessories, coconspirators, or principals.
79 (3) Proof that a person accused of violating this section
80 knowingly made a false report is prima facie evidence of the
81 accused person’s intent to deceive, mislead, or otherwise
82 misinform any person.
83 (4)(a) There shall be a $5,000 reward for the giving of
84 information to any law enforcement agency in the state, which
85 information leads to the arrest and conviction of any person
86 violating the provisions of this section. Any person claiming
87 such reward shall apply to the law enforcement agency developing
88 the case and be paid by the Department of Law Enforcement from
89 the deficiency fund.
90 (b) There shall be only one reward given for each case,
91 regardless of how many persons are arrested and convicted in
92 connection with the case and regardless of how many persons
93 submit claims for the reward.
94 (c) The Department of Law Enforcement shall establish
95 procedures to be used by all reward applicants, and the circuit
96 judge in whose jurisdiction the action occurs shall review all
97 such applications and make final determination as to those
98 applicants entitled to receive an award.
99 (d) In addition to any other penalty provided by law with
100 respect to any person who is convicted of a violation of this
101 section that resulted in the mobilization or action of any law
102 enforcement officer or any state or local agency, a person
103 convicted of a violation of this section may be required by the
104 court to pay restitution for all of the costs and damages
105 arising from the criminal conduct.
106 Section 3. Section 836.12, Florida Statutes, is created to
107 read:
108 836.12 Terroristic threats.—
109 (1) As used in this section, the term:
110 (a) “Family member of a person” means:
111 1. An individual related to the person by blood or
112 marriage; or
113 2. An individual to whom the person stands in loco
114 parentis.
115 (b) “Law enforcement officer” means:
116 1. Law enforcement officer as defined in s. 943.10; or
117 2. Federal law enforcement officer as defined in s.
118 901.1505.
119 (2) It is unlawful for a person to threaten to commit a
120 crime of violence with the intent to cause, or with reckless
121 disregard for the risk of causing:
122 (a) Terror; or
123 (b) The evacuation of a building, place of assembly, or
124 facility of public transportation.
125 (3) A person who violates s. 790.163 or s. 790.164 commits
126 a felony of the second degree, punishable as provided in s.
127 775.082, s. 775.083, or s. 775.084, if the violation:
128 (a) Causes the occupants of a building, place of assembly,
129 or facility of public transportation to be diverted from their
130 normal or customary operations;
131 (b) Involves a threat against a law enforcement officer, a
132 state attorney or assistant state attorney, a firefighter, a
133 judge, or an elected official; or
134 (c) Involves a threat against a family member of a person
135 identified in paragraph (b).
136 (4) A person convicted of violating subsection (3) shall,
137 in addition to any other restitution or penalty provided by law,
138 pay restitution for all costs and damages caused by an
139 evacuation resulting from the criminal violation.
140 Section 4. Paragraphs (e) and (f) of subsection (3) of
141 section 921.0022, Florida Statutes, are amended to read:
142 921.0022 Criminal Punishment Code; offense severity ranking
143 chart.—
144 (3) OFFENSE SEVERITY RANKING CHART
145 (e) LEVEL 5
146
147 FloridaStatute FelonyDegree Description
148 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
149 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
150 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
151 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
152 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
153 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
154 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
155 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
156 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
157 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
158 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
159 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
160 790.01(2) 3rd Carrying a concealed firearm.
161 790.162 2nd Threat to throw or discharge destructive device.
162 790.163(1) 2nd False report of bomb, deadly explosive, or weapon of mass destruction, or use of firearms in violent manner.
163 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
164 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
165 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
166 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
167 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
168 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
169 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
170 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
171 812.019(1) 2nd Stolen property; dealing in or trafficking in.
172 812.131(2)(b) 3rd Robbery by sudden snatching.
173 812.16(2) 3rd Owning, operating, or conducting a chop shop.
174 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
175 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
176 817.2341(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.
177 817.568(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.
178 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
179 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
180 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
181 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
182 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
183 843.01 3rd Resist officer with violence to person; resist arrest with violence.
184 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
185 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
186 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
187 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
188 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
189 893.13(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).
190 893.13(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.
191 893.13(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.
192 893.13(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.
193 893.13(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.
194 893.13(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).
195 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
196
197
198 (f) LEVEL 6
199
200 FloridaStatute FelonyDegree Description
201 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
202 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
203 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
204 499.0051(3) 2nd Knowing forgery of pedigree papers.
205 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
206 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
207 775.0875(1) 3rd Taking firearm from law enforcement officer.
208 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
209 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
210 784.041 3rd Felony battery; domestic battery by strangulation.
211 784.048(3) 3rd Aggravated stalking; credible threat.
212 784.048(5) 3rd Aggravated stalking of person under 16.
213 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
214 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
215 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
216 784.081(2) 2nd Aggravated assault on specified official or employee.
217 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
218 784.083(2) 2nd Aggravated assault on code inspector.
219 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
220 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
221 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
222 790.164(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.
223 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
224 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
225 794.05(1) 2nd Unlawful sexual activity with specified minor.
226 800.04(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.
227 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
228 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
229 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
230 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
231 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
232 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
233 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
234 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
235 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
236 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
237 825.102(1) 3rd Abuse of an elderly person or disabled adult.
238 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
239 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
240 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
241 827.03(2)(c) 3rd Abuse of a child.
242 827.03(2)(d) 3rd Neglect of a child.
243 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
244 836.05 2nd Threats; extortion.
245 836.10 2nd Written threats to kill or do bodily injury.
246 843.12 3rd Aids or assists person to escape.
247 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
248 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
249 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
250 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
251 944.35(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.
252 944.40 2nd Escapes.
253 944.46 3rd Harboring, concealing, aiding escaped prisoners.
254 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
255 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
256
257 Section 5. For the purpose of incorporating the amendment
258 made by this act to section 790.163, Florida Statutes, in a
259 reference thereto, paragraph (m) of subsection (2) of section
260 1006.07, Florida Statutes, is reenacted to read:
261 1006.07 District school board duties relating to student
262 discipline and school safety.—The district school board shall
263 provide for the proper accounting for all students, for the
264 attendance and control of students at school, and for proper
265 attention to health, safety, and other matters relating to the
266 welfare of students, including:
267 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
268 conduct for elementary schools and a code of student conduct for
269 middle and high schools and distribute the appropriate code to
270 all teachers, school personnel, students, and parents, at the
271 beginning of every school year. Each code shall be organized and
272 written in language that is understandable to students and
273 parents and shall be discussed at the beginning of every school
274 year in student classes, school advisory council meetings, and
275 parent and teacher association or organization meetings. Each
276 code shall be based on the rules governing student conduct and
277 discipline adopted by the district school board and shall be
278 made available in the student handbook or similar publication.
279 Each code shall include, but is not limited to:
280 (m) Notice that any student who is determined to have made
281 a threat or false report, as defined by ss. 790.162 and 790.163,
282 respectively, involving school or school personnel’s property,
283 school transportation, or a school-sponsored activity will be
284 expelled, with or without continuing educational services, from
285 the student’s regular school for a period of not less than 1
286 full year and referred for criminal prosecution. District school
287 boards may assign the student to a disciplinary program or
288 second chance school for the purpose of continuing educational
289 services during the period of expulsion. District school
290 superintendents may consider the 1-year expulsion requirement on
291 a case-by-case basis and request the district school board to
292 modify the requirement by assigning the student to a
293 disciplinary program or second chance school if it is determined
294 to be in the best interest of the student and the school system.
295 Section 6. For the purpose of incorporating the amendment
296 made by this act to section 790.163, Florida Statutes, in a
297 reference thereto, paragraph (b) of subsection (3) of section
298 1006.13, Florida Statutes, is reenacted to read:
299 1006.13 Policy of zero tolerance for crime and
300 victimization.—
301 (3) Zero-tolerance policies must require students found to
302 have committed one of the following offenses to be expelled,
303 with or without continuing educational services, from the
304 student’s regular school for a period of not less than 1 full
305 year, and to be referred to the criminal justice or juvenile
306 justice system.
307 (b) Making a threat or false report, as defined by ss.
308 790.162 and 790.163, respectively, involving school or school
309 personnel’s property, school transportation, or a school
310 sponsored activity.
311
312 District school boards may assign the student to a disciplinary
313 program for the purpose of continuing educational services
314 during the period of expulsion. District school superintendents
315 may consider the 1-year expulsion requirement on a case-by-case
316 basis and request the district school board to modify the
317 requirement by assigning the student to a disciplinary program
318 or second chance school if the request for modification is in
319 writing and it is determined to be in the best interest of the
320 student and the school system. If a student committing any of
321 the offenses in this subsection is a student who has a
322 disability, the district school board shall comply with
323 applicable State Board of Education rules.
324 Section 7. This act shall take effect October 1, 2016.