Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 260
       
       
       
       
       
                               Ì887240ÉÎ887240                          
       
       576-03818-17                                                    
       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 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 by posting or transmitting, or
    6         procuring the posting or transmission of, the threat
    7         in a specified manner; deleting requirements that a
    8         threat be sent to a specific recipient to be a
    9         prohibited act; providing separate penalties for
   10         juveniles and adults; defining the term “electronic
   11         record”; amending s. 901.15, F.S.; authorizing a law
   12         enforcement officer to arrest a person without a
   13         warrant for a criminal act of threat to kill or do
   14         bodily injury, as shown in a posting or as transmitted
   15         in a specified manner; reenacting ss. 794.056(1),
   16         921.0022(3)(f), and 938.085, F.S., relating to the
   17         Rape Crisis Program Trust Fund, the offense severity
   18         ranking chart of the Criminal Punishment Code, and
   19         additional cost to fund rape crisis centers,
   20         respectively, to incorporate the amendment made to s.
   21         836.10, F.S., in references thereto; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 836.10, Florida Statutes, is amended to
   27  read:
   28         836.10 Written threats to kill or do bodily injury;
   29  punishment.—
   30         (1) It is unlawful for a Any person to make who writes or
   31  composes and also sends or procures the sending of any letter,
   32  inscribed communication, or electronic communication, whether
   33  such letter or communication be signed or anonymous, to any
   34  person, containing a threat to kill or to do bodily injury to
   35  another the person in a writing or other record, including an
   36  electronic record, by sending, posting, or transmitting, or
   37  procuring the sending, posting, or transmission of, the threat
   38  in a manner that would allow another person to view 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  
  156         Section 5. For the purpose of incorporating the amendment
  157  made by this act to section 836.10, Florida Statutes, in a
  158  reference thereto, section 938.085, Florida Statutes, is
  159  reenacted to read:
  160         938.085 Additional cost to fund rape crisis centers.—In
  161  addition to any sanction imposed when a person pleads guilty or
  162  nolo contendere to, or is found guilty of, regardless of
  163  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  164  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  165  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  166  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  167  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  168  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  169  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  170  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  171  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  172  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  173  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  174  $151. Payment of the surcharge shall be a condition of
  175  probation, community control, or any other court-ordered
  176  supervision. The sum of $150 of the surcharge shall be deposited
  177  into the Rape Crisis Program Trust Fund established within the
  178  Department of Health by chapter 2003-140, Laws of Florida. The
  179  clerk of the court shall retain $1 of each surcharge that the
  180  clerk of the court collects as a service charge of the clerk’s
  181  office.
  182         Section 6. This act shall take effect October 1, 2017.