Senate Bill sb1118

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    Florida Senate - 2004                                  SB 1118

    By Senator Cowin





    20-779-04

  1                      A bill to be entitled

  2         An act relating to aggravated stalking;

  3         amending s. 784.048, F.S.; providing that an

  4         offender commits aggravated stalking, a

  5         third-degree felony, when he or she violates a

  6         court order of probation prohibting contact

  7         with the victim of the offense; amending s.

  8         921.0022, F.S., relating to the offense

  9         severity ranking chart of the Criminal

10         Punishment Code; conforming provisions to

11         changes made by the act; providing an effective

12         date.

13  

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

15  

16         Section 1.  Subsections (5) and (6) of section 784.048,

17  Florida Statutes, are redesignated as subsections (6) and (7),

18  respectively, and a new subsection (5) is added to that

19  section, to read:

20         784.048  Stalking; definitions; penalties.--

21         (5)  Any offender who, directly or indirectly,

22  knowingly and willfully violates a court order of probation

23  prohibiting contact with the victim of the offense commits

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

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

26         Section 2.  Paragraphs (f) and (g) of subsection (3) of

27  section 921.0022, Florida Statutes, are amended to read:

28         921.0022  Criminal Punishment Code; offense severity

29  ranking chart.--

30         (3)  OFFENSE SEVERITY RANKING CHART

31  

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    Florida Senate - 2004                                  SB 1118
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 1  Florida           Felony

 2  Statute           Degree             Description

 3  

 4    

 5                              (f)  LEVEL 6

 6  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

 7                              conviction.

 8  499.0051(3)        2nd      Forgery of pedigree papers.

 9  499.0051(4)        2nd      Purchase or receipt of legend

10                              drug from unauthorized person.

11  499.0051(5)        2nd      Sale of legend drug to

12                              unauthorized person.

13  775.0875(1)        3rd      Taking firearm from law

14                              enforcement officer.

15  775.21(10)         3rd      Sexual predators; failure to

16                              register; failure to renew

17                              driver's license or

18                              identification card.

19  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

20                              without intent to kill.

21  784.021(1)(b)      3rd      Aggravated assault; intent to

22                              commit felony.

23  784.041            3rd      Felony battery.

24  784.048(3)         3rd      Aggravated stalking; credible

25                              threat.

26  784.048(6)(5)      3rd      Aggravated stalking of person

27                              under 16.

28  784.07(2)(c)       2nd      Aggravated assault on law

29                              enforcement officer.

30  784.074(1)(b)      2nd      Aggravated assault on sexually

31                              violent predators facility staff.

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    Florida Senate - 2004                                  SB 1118
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 1  784.08(2)(b)       2nd      Aggravated assault on a person 65

 2                              years of age or older.

 3  784.081(2)         2nd      Aggravated assault on specified

 4                              official or employee.

 5  784.082(2)         2nd      Aggravated assault by detained

 6                              person on visitor or other

 7                              detainee.

 8  784.083(2)         2nd      Aggravated assault on code

 9                              inspector.

10  787.02(2)          3rd      False imprisonment; restraining

11                              with purpose other than those in

12                              s. 787.01.

13  790.115(2)(d)      2nd      Discharging firearm or weapon on

14                              school property.

15  790.161(2)         2nd      Make, possess, or throw

16                              destructive device with intent to

17                              do bodily harm or damage

18                              property.

19  790.164(1)         2nd      False report of deadly explosive,

20                              weapon of mass destruction, or

21                              act of arson or violence to state

22                              property.

23  790.19             2nd      Shooting or throwing deadly

24                              missiles into dwellings, vessels,

25                              or vehicles.

26  794.011(8)(a)      3rd      Solicitation of minor to

27                              participate in sexual activity by

28                              custodial adult.

29  794.05(1)          2nd      Unlawful sexual activity with

30                              specified minor.

31  

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 1  800.04(5)(d)       3rd      Lewd or lascivious molestation;

 2                              victim 12 years of age or older

 3                              but less than 16 years; offender

 4                              less than 18 years.

 5  800.04(6)(b)       2nd      Lewd or lascivious conduct;

 6                              offender 18 years of age or

 7                              older.

 8  806.031(2)         2nd      Arson resulting in great bodily

 9                              harm to firefighter or any other

10                              person.

11  810.02(3)(c)       2nd      Burglary of occupied structure;

12                              unarmed; no assault or battery.

13  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

14                              but less than $100,000, grand

15                              theft in 2nd degree.

16  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

17                              less than $50,000, grand theft in

18                              2nd degree.

19  812.015(9)         2nd      Retail theft; property stolen

20                              $300 or more; second or

21                              subsequent conviction.

22  812.13(2)(c)       2nd      Robbery, no firearm or other

23                              weapon (strong-arm robbery).

24  817.034(4)(a)1.    1st      Communications fraud, value

25                              greater than $50,000.

26  817.4821(5)        2nd      Possess cloning paraphernalia

27                              with intent to create cloned

28                              cellular telephones.

29  825.102(1)         3rd      Abuse of an elderly person or

30                              disabled adult.

31  

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    Florida Senate - 2004                                  SB 1118
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 1  825.102(3)(c)      3rd      Neglect of an elderly person or

 2                              disabled adult.

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

 4                              an elderly person or disabled

 5                              adult.

 6  825.103(2)(c)      3rd      Exploiting an elderly person or

 7                              disabled adult and property is

 8                              valued at less than $20,000.

 9  827.03(1)          3rd      Abuse of a child.

10  827.03(3)(c)       3rd      Neglect of a child.

11  827.071(2)&(3)     2nd      Use or induce a child in a sexual

12                              performance, or promote or direct

13                              such performance.

14  836.05             2nd      Threats; extortion.

15  836.10             2nd      Written threats to kill or do

16                              bodily injury.

17  843.12             3rd      Aids or assists person to escape.

18  847.0135(3)        3rd      Solicitation of a child, via a

19                              computer service, to commit an

20                              unlawful sex act.

21  914.23             2nd      Retaliation against a witness,

22                              victim, or informant, with bodily

23                              injury.

24  943.0435(9)        3rd      Sex offenders; failure to comply

25                              with reporting requirements.

26  944.35(3)(a)2.     3rd      Committing malicious battery upon

27                              or inflicting cruel or inhuman

28                              treatment on an inmate or

29                              offender on community

30                              supervision, resulting in great

31                              bodily harm.

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    Florida Senate - 2004                                  SB 1118
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 1  944.40             2nd      Escapes.

 2  944.46             3rd      Harboring, concealing, aiding

 3                              escaped prisoners.

 4  944.47(1)(a)5.     2nd      Introduction of contraband

 5                              (firearm, weapon, or explosive)

 6                              into correctional facility.

 7  951.22(1)          3rd      Intoxicating drug, firearm, or

 8                              weapon introduced into county

 9                              facility.

10                              (g)  LEVEL 7

11  316.027(1)(b)      2nd      Accident involving death, failure

12                              to stop; leaving scene.

13  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

14                              injury.

15  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

16                              bodily injury.

17  402.319(2)         2nd      Misrepresentation and negligence

18                              or intentional act resulting in

19                              great bodily harm, permanent

20                              disfiguration, permanent

21                              disability, or death.

22  409.920(2)         3rd      Medicaid provider fraud.

23  456.065(2)         3rd      Practicing a health care

24                              profession without a license.

25  456.065(2)         2nd      Practicing a health care

26                              profession without a license

27                              which results in serious bodily

28                              injury.

29  458.327(1)         3rd      Practicing medicine without a

30                              license.

31  

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    Florida Senate - 2004                                  SB 1118
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 1  459.013(1)         3rd      Practicing osteopathic medicine

 2                              without a license.

 3  460.411(1)         3rd      Practicing chiropractic medicine

 4                              without a license.

 5  461.012(1)         3rd      Practicing podiatric medicine

 6                              without a license.

 7  462.17             3rd      Practicing naturopathy without a

 8                              license.

 9  463.015(1)         3rd      Practicing optometry without a

10                              license.

11  464.016(1)         3rd      Practicing nursing without a

12                              license.

13  465.015(2)         3rd      Practicing pharmacy without a

14                              license.

15  466.026(1)         3rd      Practicing dentistry or dental

16                              hygiene without a license.

17  467.201            3rd      Practicing midwifery without a

18                              license.

19  468.366            3rd      Delivering respiratory care

20                              services without a license.

21  483.828(1)         3rd      Practicing as clinical laboratory

22                              personnel without a license.

23  483.901(9)         3rd      Practicing medical physics

24                              without a license.

25  484.013(1)(c)      3rd      Preparing or dispensing optical

26                              devices without a prescription.

27  484.053            3rd      Dispensing hearing aids without a

28                              license.

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

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  560.123(8)(b)1.    3rd      Failure to report currency or

 8                              payment instruments exceeding

 9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  782.051(3)         2nd      Attempted felony murder of a

20                              person by a person other than the

21                              perpetrator or the perpetrator of

22                              an attempted felony.

23  782.07(1)          2nd      Killing of a human being by the

24                              act, procurement, or culpable

25                              negligence of another

26                              (manslaughter).

27  782.071            2nd      Killing of human being or viable

28                              fetus by the operation of a motor

29                              vehicle in a reckless manner

30                              (vehicular homicide).

31  

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    Florida Senate - 2004                                  SB 1118
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 1  782.072            2nd      Killing of a human being by the

 2                              operation of a vessel in a

 3                              reckless manner (vessel

 4                              homicide).

 5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

 6                              causing great bodily harm or

 7                              disfigurement.

 8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

 9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4) or (5)  3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.074(1)(a)      1st      Aggravated battery on sexually

17                              violent predators facility staff.

18  784.08(2)(a)       1st      Aggravated battery on a person 65

19                              years of age or older.

20  784.081(1)         1st      Aggravated battery on specified

21                              official or employee.

22  784.082(1)         1st      Aggravated battery by detained

23                              person on visitor or other

24                              detainee.

25  784.083(1)         1st      Aggravated battery on code

26                              inspector.

27  790.07(4)          1st      Specified weapons violation

28                              subsequent to previous conviction

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

30  790.16(1)          1st      Discharge of a machine gun under

31                              specified circumstances.

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 1  790.165(2)         2nd      Manufacture, sell, possess, or

 2                              deliver hoax bomb.

 3  790.165(3)         2nd      Possessing, displaying, or

 4                              threatening to use any hoax bomb

 5                              while committing or attempting to

 6                              commit a felony.

 7  790.166(3)         2nd      Possessing, selling, using, or

 8                              attempting to use a hoax weapon

 9                              of mass destruction.

10  790.166(4)         2nd      Possessing, displaying, or

11                              threatening to use a hoax weapon

12                              of mass destruction while

13                              committing or attempting to

14                              commit a felony.

15  796.03             2nd      Procuring any person under 16

16                              years for prostitution.

17  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

18                              victim less than 12 years of age;

19                              offender less than 18 years.

20  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

21                              victim 12 years of age or older

22                              but less than 16 years; offender

23                              18 years or older.

24  806.01(2)          2nd      Maliciously damage structure by

25                              fire or explosive.

26  810.02(3)(a)       2nd      Burglary of occupied dwelling;

27                              unarmed; no assault or battery.

28  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

29                              unarmed; no assault or battery.

30  810.02(3)(d)       2nd      Burglary of occupied conveyance;

31                              unarmed; no assault or battery.

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

 2                              $100,000 or more; cargo stolen

 3                              valued at $50,000 or more;

 4                              property stolen while causing

 5                              other property damage; 1st degree

 6                              grand theft.

 7  812.014(2)(b)3.    2nd      Property stolen, emergency

 8                              medical equipment; 2nd degree

 9                              grand theft.

10  812.0145(2)(a)     1st      Theft from person 65 years of age

11                              or older; $50,000 or more.

12  812.019(2)         1st      Stolen property; initiates,

13                              organizes, plans, etc., the theft

14                              of property and traffics in

15                              stolen property.

16  812.131(2)(a)      2nd      Robbery by sudden snatching.

17  812.133(2)(b)      1st      Carjacking; no firearm, deadly

18                              weapon, or other weapon.

19  817.234(8)(a)      2nd      Solicitation of motor vehicle

20                              accident victims with intent to

21                              defraud.

22  817.234(9)         2nd      Organizing, planning, or

23                              participating in an intentional

24                              motor vehicle collision.

25  817.234(11)(c)     1st      Insurance fraud; property value

26                              $100,000 or more.

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 1  817.2341(2)(b)&

 2   (3)(b)            1st      Making false entries of material

 3                              fact or false statements

 4                              regarding property values

 5                              relating to the solvency of an

 6                              insuring entity which are a

 7                              significant cause of the

 8                              insolvency of that entity.

 9  825.102(3)(b)      2nd      Neglecting an elderly person or

10                              disabled adult causing great

11                              bodily harm, disability, or

12                              disfigurement.

13  825.103(2)(b)      2nd      Exploiting an elderly person or

14                              disabled adult and property is

15                              valued at $20,000 or more, but

16                              less than $100,000.

17  827.03(3)(b)       2nd      Neglect of a child causing great

18                              bodily harm, disability, or

19                              disfigurement.

20  827.04(3)          3rd      Impregnation of a child under 16

21                              years of age by person 21 years

22                              of age or older.

23  837.05(2)          3rd      Giving false information about

24                              alleged capital felony to a law

25                              enforcement officer.

26  838.015            2nd      Bribery.

27  838.016            2nd      Unlawful compensation or reward

28                              for official behavior.

29  838.021(3)(a)      2nd      Unlawful harm to a public

30                              servant.

31  838.22             2nd      Bid tampering.

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 1  872.06             2nd      Abuse of a dead human body.

 2  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 3                              cocaine (or other drug prohibited

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

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

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

 7                              child care facility, school, or

 8                              state, county, or municipal park

 9                              or publicly owned recreational

10                              facility or community center.

11  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

12                              cocaine or other drug prohibited

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

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

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

16                              property used for religious

17                              services or a specified business

18                              site.

19  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

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

23  893.135(1)(a)1.    1st      Trafficking in cannabis, more

24                              than 25 lbs., less than 2,000

25                              lbs.

26  893.135

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

28                              28 grams, less than 200 grams.

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 1  893.135

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

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

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

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

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

17                              grams or more, less than 14

18                              grams.

19  893.135

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

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

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

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9         Section 3.  This act shall take effect July 1, 2004.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Provides that an offender commits aggravated stalking
      when he or she violates a probation order that prohibits
14    contact with the victim. Specifies that such offense is a
      third-degree felony.
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