Senate Bill sb0116

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    Florida Senate - 2002                                   SB 116

    By Senator Geller





    29-90-02

  1                      A bill to be entitled

  2         An act relating to the offense of stalking;

  3         amending s. 784.048, F.S.; defining the term

  4         "cyberstalk" to mean communication by means of

  5         electronic mail or electronic communication

  6         which causes substantial emotional distress and

  7         does not serve a legitimate purpose; including

  8         within the offenses of stalking and aggravated

  9         stalking the willful, malicious, and repeated

10         cyberstalking of another person; providing

11         penalties; revising the elements of the offense

12         of aggravated stalking to include placing a

13         person in fear of death or bodily injury of the

14         person or the person's child, sibling, spouse,

15         or dependent; reenacting ss. 775.084(1)(d),

16         790.065(2)(c), 921.0022(3)(f) and (g), and

17         960.001(1)(b), F.S., to incorporate the

18         amendment to s. 784.048, F.S., in references

19         thereto; providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 784.048, Florida Statutes, is

24  amended to read:

25         784.048  Stalking; definitions; penalties.--

26         (1)  As used in this section, the term:

27         (a)  "Harass" means to engage in a course of conduct

28  directed at a specific person that causes substantial

29  emotional distress in such person and serves no legitimate

30  purpose.

31

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  1         (b)  "Course of conduct" means a pattern of conduct

  2  composed of a series of acts over a period of time, however

  3  short, evidencing a continuity of purpose. Constitutionally

  4  protected activity is not included within the meaning of

  5  "course of conduct." Such constitutionally protected activity

  6  includes picketing or other organized protests.

  7         (c)  "Credible threat" means a threat made with the

  8  intent to cause the person who is the target of the threat to

  9  reasonably fear for his or her safety.  The threat must be

10  against the life of, or a threat to cause bodily injury to, a

11  person.

12         (d)  "Cyberstalk" means to engage in a course of

13  conduct to communicate, or to cause to be communicated, words,

14  images, or language by or through the use of electronic mail

15  or electronic communication, directed at a specific person,

16  which causes substantial emotional distress in such person and

17  serves no legitimate purpose.

18         (2)  Any person who willfully, maliciously, and

19  repeatedly follows, or harasses, or cyberstalks another person

20  commits the offense of stalking, a misdemeanor of the first

21  degree, punishable as provided in s. 775.082 or s. 775.083.

22         (3)  Any person who willfully, maliciously, and

23  repeatedly follows, or harasses, or cyberstalks another

24  person, and makes a credible threat with the intent to place

25  that person in reasonable fear of death or bodily injury of

26  the person or the person's child, sibling, spouse, or

27  dependent, commits the offense of aggravated stalking, a

28  felony of the third degree, punishable as provided in s.

29  775.082, s. 775.083, or s. 775.084.

30         (4)  Any person who, after an injunction for protection

31  against repeat violence pursuant to s. 784.046, or an

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  1  injunction for protection against domestic violence pursuant

  2  to s. 741.30, or after any other court-imposed prohibition of

  3  conduct toward the subject person or that person's property,

  4  knowingly, willfully, maliciously, and repeatedly follows, or

  5  harasses, or cyberstalks another person commits the offense of

  6  aggravated stalking, a felony of the third degree, punishable

  7  as provided in s. 775.082, s. 775.083, or s. 775.084.

  8         (5)  Any person who willfully, maliciously, and

  9  repeatedly follows, or harasses, or cyberstalks a minor under

10  16 years of age commits the offense of aggravated stalking, a

11  felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (6)  Any law enforcement officer may arrest, without a

14  warrant, any person he or she has probable cause to believe

15  has violated the provisions of this section.

16         Section 2.  For the purpose of incorporating the

17  amendments made by this act to section 784.048, Florida

18  Statutes, in references thereto, paragraph (d) of subsection

19  (1) of section 775.084, Florida Statutes, is reenacted to

20  read:

21         775.084  Violent career criminals; habitual felony

22  offenders and habitual violent felony offenders; three-time

23  violent felony offenders; definitions; procedure; enhanced

24  penalties or mandatory minimum prison terms.--

25         (1)  As used in this act:

26         (d)  "Violent career criminal" means a defendant for

27  whom the court must impose imprisonment pursuant to paragraph

28  (4)(d), if it finds that:

29         1.  The defendant has previously been convicted as an

30  adult three or more times for an offense in this state or

31  other qualified offense that is:

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  1         a.  Any forcible felony, as described in s. 776.08;

  2         b.  Aggravated stalking, as described in s. 784.048(3)

  3  and (4);

  4         c.  Aggravated child abuse, as described in s.

  5  827.03(2);

  6         d.  Aggravated abuse of an elderly person or disabled

  7  adult, as described in s. 825.102(2);

  8         e.  Lewd or lascivious battery, lewd or lascivious

  9  molestation, lewd or lascivious conduct, or lewd or lascivious

10  exhibition, as described in s. 800.04;

11         f.  Escape, as described in s. 944.40; or

12         g.  A felony violation of chapter 790 involving the use

13  or possession of a firearm.

14         2.  The defendant has been incarcerated in a state

15  prison or a federal prison.

16         3.  The primary felony offense for which the defendant

17  is to be sentenced is a felony enumerated in subparagraph 1.

18  and was committed on or after October 1, 1995, and:

19         a.  While the defendant was serving a prison sentence

20  or other sentence, or court-ordered or lawfully imposed

21  supervision that is imposed as a result of a prior conviction

22  for an enumerated felony; or

23         b.  Within 5 years after the conviction of the last

24  prior enumerated felony, or within 5 years after the

25  defendant's release from a prison sentence, probation,

26  community control, control release, conditional release,

27  parole, or court-ordered or lawfully imposed supervision or

28  other sentence that is imposed as a result of a prior

29  conviction for an enumerated felony, whichever is later.

30

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  1         4.  The defendant has not received a pardon for any

  2  felony or other qualified offense that is necessary for the

  3  operation of this paragraph.

  4         5.  A conviction of a felony or other qualified offense

  5  necessary to the operation of this paragraph has not been set

  6  aside in any postconviction proceeding.

  7         Section 3.  For the purpose of incorporating the

  8  amendments made by this act to section 784.048, Florida

  9  Statutes, in references thereto, paragraph (c) of subsection

10  (2) of section 790.065, Florida Statutes, is reenacted to

11  read:

12         790.065  Sale and delivery of firearms.--

13         (2)  Upon receipt of a request for a criminal history

14  record check, the Department of Law Enforcement shall, during

15  the licensee's call or by return call, forthwith:

16         (c)1.  Review any records available to it to determine

17  whether the potential buyer or transferee has been indicted or

18  has had an information filed against her or him for an offense

19  that is a felony under either state or federal law, or, as

20  mandated by federal law, has had an injunction for protection

21  against domestic violence entered against the potential buyer

22  or transferee under s. 741.30, has had an injunction for

23  protection against repeat violence entered against the

24  potential buyer or transferee under s. 784.046, or has been

25  arrested for a dangerous crime as specified in s.

26  907.041(4)(a) or for any of the following enumerated offenses:

27         a.  Criminal anarchy under ss. 876.01 and 876.02.

28         b.  Extortion under s. 836.05.

29         c.  Explosives violations under s. 552.22(1) and (2).

30         d.  Controlled substances violations under chapter 893.

31         e.  Resisting an officer with violence under s. 843.01.

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  1         f.  Weapons and firearms violations under this chapter.

  2         g.  Treason under s. 876.32.

  3         h.  Assisting self-murder under s. 782.08.

  4         i.  Sabotage under s. 876.38.

  5         j.  Stalking or aggravated stalking under s. 784.048.

  6

  7  If the review indicates any such indictment, information, or

  8  arrest, the department shall provide to the licensee a

  9  conditional nonapproval number.

10         2.  Within 24 working hours, the department shall

11  determine the disposition of the indictment, information, or

12  arrest and inform the licensee as to whether the potential

13  buyer is prohibited from receiving or possessing a firearm.

14  For purposes of this paragraph, "working hours" means the

15  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

16  legal holidays.

17         3.  The office of the clerk of court, at no charge to

18  the department, shall respond to any department request for

19  data on the disposition of the indictment, information, or

20  arrest as soon as possible, but in no event later than 8

21  working hours.

22         4.  The department shall determine as quickly as

23  possible within the allotted time period whether the potential

24  buyer is prohibited from receiving or possessing a firearm.

25         5.  If the potential buyer is not so prohibited, or if

26  the department cannot determine the disposition information

27  within the allotted time period, the department shall provide

28  the licensee with a conditional approval number.

29         6.  If the buyer is so prohibited, the conditional

30  nonapproval number shall become a nonapproval number.

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  1         7.  The department shall continue its attempts to

  2  obtain the disposition information and may retain a record of

  3  all approval numbers granted without sufficient disposition

  4  information.  If the department later obtains disposition

  5  information which indicates:

  6         a.  That the potential buyer is not prohibited from

  7  owning a firearm, it shall treat the record of the transaction

  8  in accordance with this section; or

  9         b.  That the potential buyer is prohibited from owning

10  a firearm, it shall immediately revoke the conditional

11  approval number and notify local law enforcement.

12         8.  During the time that disposition of the indictment,

13  information, or arrest is pending and until the department is

14  notified by the potential buyer that there has been a final

15  disposition of the indictment, information, or arrest, the

16  conditional nonapproval number shall remain in effect.

17         Section 4.  For the purpose of incorporating the

18  amendments made by this act to section 784.048, Florida

19  Statutes, in references thereto, paragraphs (f) and (g) of

20  subsection (3) of section 921.0022, Florida Statutes, are

21  reenacted to read:

22         921.0022  Criminal Punishment Code; offense severity

23  ranking chart.--

24         (3)  OFFENSE SEVERITY RANKING CHART

25

26  Florida           Felony

27  Statute           Degree             Description

28

29                              (f)  LEVEL 6

30  316.027(1)(b)      2nd      Accident involving death, failure

31                              to stop; leaving scene.

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  1  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  2                              conviction.

  3  775.0875(1)        3rd      Taking firearm from law

  4                              enforcement officer.

  5  775.21(10)         3rd      Sexual predators; failure to

  6                              register; failure to renew

  7                              driver's license or

  8                              identification card.

  9  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

10                              without intent to kill.

11  784.021(1)(b)      3rd      Aggravated assault; intent to

12                              commit felony.

13  784.041            3rd      Felony battery.

14  784.048(3)         3rd      Aggravated stalking; credible

15                              threat.

16  784.048(5)         3rd      Aggravated stalking of person

17                              under 16.

18  784.07(2)(c)       2nd      Aggravated assault on law

19                              enforcement officer.

20  784.074(1)(b)      2nd      Aggravated assault on sexually

21                              violent predators facility staff.

22  784.08(2)(b)       2nd      Aggravated assault on a person 65

23                              years of age or older.

24  784.081(2)         2nd      Aggravated assault on specified

25                              official or employee.

26  784.082(2)         2nd      Aggravated assault by detained

27                              person on visitor or other

28                              detainee.

29  784.083(2)         2nd      Aggravated assault on code

30                              inspector.

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  1  787.02(2)          3rd      False imprisonment; restraining

  2                              with purpose other than those in

  3                              s. 787.01.

  4  790.115(2)(d)      2nd      Discharging firearm or weapon on

  5                              school property.

  6  790.161(2)         2nd      Make, possess, or throw

  7                              destructive device with intent to

  8                              do bodily harm or damage

  9                              property.

10  790.164(1)         2nd      False report of deadly explosive

11                              or act of arson or violence to

12                              state property.

13  790.19             2nd      Shooting or throwing deadly

14                              missiles into dwellings, vessels,

15                              or vehicles.

16  794.011(8)(a)      3rd      Solicitation of minor to

17                              participate in sexual activity by

18                              custodial adult.

19  794.05(1)          2nd      Unlawful sexual activity with

20                              specified minor.

21  800.04(5)(d)       3rd      Lewd or lascivious molestation;

22                              victim 12 years of age or older

23                              but less than 16 years; offender

24                              less than 18 years.

25  800.04(6)(b)       2nd      Lewd or lascivious conduct;

26                              offender 18 years of age or

27                              older.

28  806.031(2)         2nd      Arson resulting in great bodily

29                              harm to firefighter or any other

30                              person.

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  1  810.02(3)(c)       2nd      Burglary of occupied structure;

  2                              unarmed; no assault or battery.

  3  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

  4                              but less than $100,000, grand

  5                              theft in 2nd degree.

  6  812.014(2)(b)2.    2nd      Property stolen cargo valued at

  7                              less than $50,000, grand theft in

  8                              2nd degree.

  9  812.015(9)         2nd      Retail theft; property stolen

10                              $300 or more; second or

11                              subsequent conviction.

12  812.13(2)(c)       2nd      Robbery, no firearm or other

13                              weapon (strong-arm robbery).

14  817.034(4)(a)1.    1st      Communications fraud, value

15                              greater than $50,000.

16  817.4821(5)        2nd      Possess cloning paraphernalia

17                              with intent to create cloned

18                              cellular telephones.

19  825.102(1)         3rd      Abuse of an elderly person or

20                              disabled adult.

21  825.102(3)(c)      3rd      Neglect of an elderly person or

22                              disabled adult.

23  825.1025(3)        3rd      Lewd or lascivious molestation of

24                              an elderly person or disabled

25                              adult.

26  825.103(2)(c)      3rd      Exploiting an elderly person or

27                              disabled adult and property is

28                              valued at less than $20,000.

29  827.03(1)          3rd      Abuse of a child.

30  827.03(3)(c)       3rd      Neglect of a child.

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  1  827.071(2)&(3)     2nd      Use or induce a child in a sexual

  2                              performance, or promote or direct

  3                              such performance.

  4  836.05             2nd      Threats; extortion.

  5  836.10             2nd      Written threats to kill or do

  6                              bodily injury.

  7  843.12             3rd      Aids or assists person to escape.

  8  847.0135(3)        3rd      Solicitation of a child, via a

  9                              computer service, to commit an

10                              unlawful sex act.

11  914.23             2nd      Retaliation against a witness,

12                              victim, or informant, with bodily

13                              injury.

14  943.0435(9)        3rd      Sex offenders; failure to comply

15                              with reporting requirements.

16  944.35(3)(a)2.     3rd      Committing malicious battery upon

17                              or inflicting cruel or inhuman

18                              treatment on an inmate or

19                              offender on community

20                              supervision, resulting in great

21                              bodily harm.

22  944.40             2nd      Escapes.

23  944.46             3rd      Harboring, concealing, aiding

24                              escaped prisoners.

25  944.47(1)(a)5.     2nd      Introduction of contraband

26                              (firearm, weapon, or explosive)

27                              into correctional facility.

28  951.22(1)          3rd      Intoxicating drug, firearm, or

29                              weapon introduced into county

30                              facility.

31                              (g)  LEVEL 7

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  1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

  2                              injury.

  3  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

  4                              bodily injury.

  5  402.319(2)         2nd      Misrepresentation and negligence

  6                              or intentional act resulting in

  7                              great bodily harm, permanent

  8                              disfiguration, permanent

  9                              disability, or death.

10  409.920(2)         3rd      Medicaid provider fraud.

11  456.065(2)         3rd      Practicing a health care

12                              profession without a license.

13  456.065(2)         2nd      Practicing a health care

14                              profession without a license

15                              which results in serious bodily

16                              injury.

17  458.327(1)         3rd      Practicing medicine without a

18                              license.

19  459.013(1)         3rd      Practicing osteopathic medicine

20                              without a license.

21  460.411(1)         3rd      Practicing chiropractic medicine

22                              without a license.

23  461.012(1)         3rd      Practicing podiatric medicine

24                              without a license.

25  462.17             3rd      Practicing naturopathy without a

26                              license.

27  463.015(1)         3rd      Practicing optometry without a

28                              license.

29  464.016(1)         3rd      Practicing nursing without a

30                              license.

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  1  465.015(2)         3rd      Practicing pharmacy without a

  2                              license.

  3  466.026(1)         3rd      Practicing dentistry or dental

  4                              hygiene without a license.

  5  467.201            3rd      Practicing midwifery without a

  6                              license.

  7  468.366            3rd      Delivering respiratory care

  8                              services without a license.

  9  483.828(1)         3rd      Practicing as clinical laboratory

10                              personnel without a license.

11  483.901(9)         3rd      Practicing medical physics

12                              without a license.

13  484.013(1)(c)      3rd      Preparing or dispensing optical

14                              devices without a prescription.

15  484.053            3rd      Dispensing hearing aids without a

16                              license.

17  494.0018(2)        1st      Conviction of any violation of

18                              ss. 494.001-494.0077 in which the

19                              total money and property

20                              unlawfully obtained exceeded

21                              $50,000 and there were five or

22                              more victims.

23  560.123(8)(b)1.    3rd      Failure to report currency or

24                              payment instruments exceeding

25                              $300 but less than $20,000 by

26                              money transmitter.

27  560.125(5)(a)      3rd      Money transmitter business by

28                              unauthorized person, currency or

29                              payment instruments exceeding

30                              $300 but less than $20,000.

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  1  655.50(10)(b)1.    3rd      Failure to report financial

  2                              transactions exceeding $300 but

  3                              less than $20,000 by financial

  4                              institution.

  5  782.051(3)         2nd      Attempted felony murder of a

  6                              person by a person other than the

  7                              perpetrator or the perpetrator of

  8                              an attempted felony.

  9  782.07(1)          2nd      Killing of a human being by the

10                              act, procurement, or culpable

11                              negligence of another

12                              (manslaughter).

13  782.071            2nd      Killing of human being or viable

14                              fetus by the operation of a motor

15                              vehicle in a reckless manner

16                              (vehicular homicide).

17  782.072            2nd      Killing of a human being by the

18                              operation of a vessel in a

19                              reckless manner (vessel

20                              homicide).

21  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

22                              causing great bodily harm or

23                              disfigurement.

24  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

25                              weapon.

26  784.045(1)(b)      2nd      Aggravated battery; perpetrator

27                              aware victim pregnant.

28  784.048(4)         3rd      Aggravated stalking; violation of

29                              injunction or court order.

30  784.07(2)(d)       1st      Aggravated battery on law

31                              enforcement officer.

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  1  784.074(1)(a)      1st      Aggravated battery on sexually

  2                              violent predators facility staff.

  3  784.08(2)(a)       1st      Aggravated battery on a person 65

  4                              years of age or older.

  5  784.081(1)         1st      Aggravated battery on specified

  6                              official or employee.

  7  784.082(1)         1st      Aggravated battery by detained

  8                              person on visitor or other

  9                              detainee.

10  784.083(1)         1st      Aggravated battery on code

11                              inspector.

12  790.07(4)          1st      Specified weapons violation

13                              subsequent to previous conviction

14                              of s. 790.07(1) or (2).

15  790.16(1)          1st      Discharge of a machine gun under

16                              specified circumstances.

17  790.166(3)         2nd      Possessing, selling, using, or

18                              attempting to use a hoax weapon

19                              of mass destruction.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

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  1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  2                              unarmed; no assault or battery.

  3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

  4                              unarmed; no assault or battery.

  5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

  6                              unarmed; no assault or battery.

  7  812.014(2)(a)      1st      Property stolen, valued at

  8                              $100,000 or more; cargo stolen

  9                              valued at $50,000, or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)2.    2nd      Property stolen, emergency

14                              medical equipment; 2nd degree

15                              grand theft.

16  812.019(2)         1st      Stolen property; initiates,

17                              organizes, plans, etc., the theft

18                              of property and traffics in

19                              stolen property.

20  812.131(2)(a)      2nd      Robbery by sudden snatching.

21  812.133(2)(b)      1st      Carjacking; no firearm, deadly

22                              weapon, or other weapon.

23  817.234(11)(c)     1st      Insurance fraud; property value

24                              $100,000 or more.

25  825.102(3)(b)      2nd      Neglecting an elderly person or

26                              disabled adult causing great

27                              bodily harm, disability, or

28                              disfigurement.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(3)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  837.05(2)          3rd      Giving false information about

12                              alleged capital felony to a law

13                              enforcement officer.

14  872.06             2nd      Abuse of a dead human body.

15  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

16                              cocaine (or other drug prohibited

17                              under s. 893.03(1)(a), (1)(b),

18                              (1)(d), (2)(a), (2)(b), or

19                              (2)(c)4.) within 1,000 feet of a

20                              child care facility or school.

21  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

22                              cocaine or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4., within 1,000 feet of

26                              property used for religious

27                              services or a specified business

28                              site.

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  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), (2)(b), or

  4                              (2)(c)4. drugs).

  5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  6                              than 25 lbs., less than 2,000

  7                              lbs.

  8  893.135

  9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

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  1  893.135

  2   (1)(h)1.a.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              1 kilogram or more, less than 5

  5                              kilograms.

  6  893.135

  7   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

  8                              kilogram or more, less than 5

  9                              kilograms.

10  893.135

11   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22

23         Section 5.  For the purpose of incorporating the

24  amendments made by this act to section 784.048, Florida

25  Statutes, in references thereto, paragraph (b) of subsection

26  (1) of section 960.001, Florida Statutes, is reenacted to

27  read:

28         960.001  Guidelines for fair treatment of victims and

29  witnesses in the criminal justice and juvenile justice

30  systems.--

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  1         (1)  The Department of Legal Affairs, the state

  2  attorneys, the Department of Corrections, the Department of

  3  Juvenile Justice, the Parole Commission, the State Courts

  4  Administrator and circuit court administrators, the Department

  5  of Law Enforcement, and every sheriff's department, police

  6  department, or other law enforcement agency as defined in s.

  7  943.10(4) shall develop and implement guidelines for the use

  8  of their respective agencies, which guidelines are consistent

  9  with the purposes of this act and s. 16(b), Art. I of the

10  State Constitution and are designed to implement the

11  provisions of s. 16(b), Art. I of the State Constitution and

12  to achieve the following objectives:

13         (b)  Information for purposes of notifying victim or

14  appropriate next of kin of victim or other designated contact

15  of victim.--In the case of a homicide, pursuant to chapter

16  782; or a sexual offense, pursuant to chapter 794; or an

17  attempted murder or sexual offense, pursuant to chapter 777;

18  or stalking, pursuant to s. 784.048; or domestic violence,

19  pursuant to s. 25.385:

20         1.  The arresting law enforcement officer or personnel

21  of an organization that provides assistance to a victim or to

22  the appropriate next of kin of the victim or other designated

23  contact must request that the victim or appropriate next of

24  kin of the victim or other designated contact complete a

25  victim notification card.  However, the victim or appropriate

26  next of kin of the victim or other designated contact may

27  choose not to complete the victim notification card.

28         2.  Unless the victim or the appropriate next of kin of

29  the victim or other designated contact waives the option to

30  complete the victim notification card, a copy of the victim

31  notification card must be filed with the incident report or

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  1  warrant in the sheriff's office of the jurisdiction in which

  2  the incident report or warrant originated. The notification

  3  card shall, at a minimum, consist of:

  4         a.  The name, address, and phone number of the victim;

  5  or

  6         b.  The name, address, and phone number of the

  7  appropriate next of kin of the victim; or

  8         c.  The name, address, and phone number of a designated

  9  contact other than the victim or appropriate next of kin of

10  the victim; and

11         d.  Any relevant identification or case numbers

12  assigned to the case.

13         3.  The chief administrator, or a person designated by

14  the chief administrator, of a county jail, municipal jail,

15  juvenile detention facility, or residential commitment

16  facility shall make a reasonable attempt to notify the alleged

17  victim or appropriate next of kin of the alleged victim or

18  other designated contact within 4 hours following the release

19  of the defendant on bail or, in the case of a juvenile

20  offender, upon the release from residential detention or

21  commitment.  If the chief administrator, or designee, is

22  unable to contact the alleged victim or appropriate next of

23  kin of the alleged victim or other designated contact by

24  telephone, the chief administrator, or designee, must send to

25  the alleged victim or appropriate next of kin of the alleged

26  victim or other designated contact a written notification of

27  the defendant's release.

28         4.  Unless otherwise requested by the victim or the

29  appropriate next of kin of the victim or other designated

30  contact, the information contained on the victim notification

31  card must be sent by the chief administrator, or designee, of

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  1  the appropriate facility to the subsequent correctional or

  2  residential commitment facility following the sentencing and

  3  incarceration of the defendant, and unless otherwise requested

  4  by the victim or the appropriate next of kin of the victim or

  5  other designated contact, he or she must be notified of the

  6  release of the defendant from incarceration as provided by

  7  law.

  8         5.  If the defendant was arrested pursuant to a warrant

  9  issued or taken into custody pursuant to s. 985.207 in a

10  jurisdiction other than the jurisdiction in which the

11  defendant is being released, and the alleged victim or

12  appropriate next of kin of the alleged victim or other

13  designated contact does not waive the option for notification

14  of release, the chief correctional officer or chief

15  administrator of the facility releasing the defendant shall

16  make a reasonable attempt to immediately notify the chief

17  correctional officer of the jurisdiction in which the warrant

18  was issued or the juvenile was taken into custody pursuant to

19  s. 985.207, and the chief correctional officer of that

20  jurisdiction shall make a reasonable attempt to notify the

21  alleged victim or appropriate next of kin of the alleged

22  victim or other designated contact, as provided in this

23  paragraph, that the defendant has been or will be released.

24         Section 6.  This act shall take effect October 1, 2002.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises provisions relating to the offense of stalking.
      Defines the term "cyberstalk" to mean communication by
  4    means of electronic mail or electronic communication
      which causes substantial emotional distress and does not
  5    serve a legitimate purpose. Includes within the offenses
      of stalking and aggravated stalking the willful,
  6    malicious, and repeated cyberstalking of another person.
      Provides penalties. Revises the elements of the offense
  7    of aggravated stalking to include placing a person in
      fear of death or bodily injury of the person or the
  8    person's child, sibling, spouse, or dependent.

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