CS for CS for SB 728                             First Engrossed
       
       
       
       
       
       
       
       
       2020728e1
       
    1                        A bill to be entitled                      
    2         An act relating to threats; amending s. 790.162, F.S.;
    3         decreasing the criminal penalty for threatening to
    4         throw, project, place, or discharge any destructive
    5         device with intent to do bodily harm to any person or
    6         with intent to do damage to any property of any
    7         person; prohibiting threats to use a firearm or weapon
    8         with specified intent; providing applicability;
    9         providing criminal penalties; amending s. 921.0022,
   10         F.S.; conforming provisions to changes made by the
   11         act; amending s. 784.046, F.S.; redefining the term
   12         “violence” to include incidents of cyberstalking;
   13         amending s. 784.048, F.S.; redefining the term
   14         “cyberstalk”; providing effective dates.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 790.162, Florida Statutes, is amended to
   19  read:
   20         790.162 Threats involving a firearm, weapon, or Threat to
   21  throw, project, place, or discharge any destructive device,
   22  felony; penalty.—
   23         (1) It is unlawful for any person to threaten to throw,
   24  project, place, or discharge any destructive device with intent
   25  to do bodily harm to any person or with intent to do damage to
   26  any property of any person. A person who violates this
   27  subsection, and any person convicted thereof commits a felony of
   28  the third second degree, punishable as provided in s. 775.082,
   29  s. 775.083, or s. 775.084.
   30         (2) It is unlawful for any person to threaten the use of a
   31  firearm or any weapon at a child care facility as defined in s.
   32  402.302, a school as defined in s. 790.115(2)(a), a religious
   33  institution as defined in s. 496.404(23), a theme park complex
   34  as defined in s. 817.361(1)(c), or any building owned by a
   35  federal, state, county, municipality, or other local government
   36  or political subdivision, with intent to do bodily harm to any
   37  person or with intent to do damage to any of the listed
   38  properties, if the threat is sufficient to cause alarm in a
   39  reasonable person. A person who violates this subsection commits
   40  a felony of the third degree, punishable as provided in s.
   41  775.082, s. 775.083, or s. 775.084.
   42         (3) A person does not violate subsection (2) if he or she
   43  uses or threatens to use a firearm or any other weapon in lawful
   44  self-defense, lawful defense of others, or lawful defense of
   45  property.
   46         Section 2. Paragraph (e) of subsection (3) of section
   47  921.0022, Florida Statutes, is amended to read:
   48         921.0022 Criminal Punishment Code; offense severity ranking
   49  chart.—
   50         (3) OFFENSE SEVERITY RANKING CHART
   51         (e) LEVEL 5
   52  
   53  FloridaStatute    FelonyDegree           Description            
   54  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   55  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
   56  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
   57  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   58  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
   59  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
   60  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   61  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
   62  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
   63  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
   64  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
   65  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   66  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   67  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
   68  790.01(2)            3rd   Carrying a concealed firearm.     
   69  790.162(1)790.162  3rd 2nd Threat to throw or discharge destructive device.
   70  790.162(2)           3rd   Threat involving firearm or weapon.
   71  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
   72  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
   73  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
   74  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
   75  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
   76  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
   77  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   78  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   79  812.015(8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
   80  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
   81  812.131(2)(b)        3rd   Robbery by sudden snatching.      
   82  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
   83  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
   84  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
   85  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.
   86  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.
   87  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
   88  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
   89  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
   90  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
   91  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
   92  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
   93  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.
   94  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
   95  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
   96  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
   97  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
   98  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
   99  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  100  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)5. drugs).
  101  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  102  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)5. drugs) within 1,000 feet of university.
  103  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  104  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)5. drugs) within 1,000 feet of public housing facility.
  105  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  106  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  107         Section 3. Effective upon this act becoming a law,
  108  paragraph (a) of subsection (1) of section 784.046, Florida
  109  Statutes, is amended to read:
  110         784.046 Action by victim of repeat violence, sexual
  111  violence, or dating violence for protective injunction; dating
  112  violence investigations, notice to victims, and reporting;
  113  pretrial release violations; public records exemption.—
  114         (1) As used in this section, the term:
  115         (a) “Violence” means any assault, aggravated assault,
  116  battery, aggravated battery, sexual assault, sexual battery,
  117  stalking, aggravated stalking, cyberstalking, kidnapping, or
  118  false imprisonment, or any criminal offense resulting in
  119  physical injury or death, by a person against any other person.
  120         Section 4. Effective upon this act becoming a law,
  121  paragraph (d) of subsection (1) of section 784.048, Florida
  122  Statutes, is amended to read:
  123         784.048 Stalking; definitions; penalties.—
  124         (1) As used in this section, the term:
  125         (d) “Cyberstalk” means:
  126         1. To engage in a course of conduct to communicate, or to
  127  cause to be communicated, words, images, or language by or
  128  through any of the following:
  129         a. The use of electronic mail or electronic communication,
  130  directed at a specific person; or
  131         b. Posting on an Internet website, blog, or social network,
  132  the content of which pertains to a specific person despite the
  133  fact that the post may also be visible to or accessed by other
  134  subscribers of the social networking site; or
  135         2. To access, or attempt to access, the online accounts or
  136  Internet-connected home electronic systems of another person
  137  without that person’s permission,
  138  
  139  causing substantial emotional distress to that person and
  140  serving no legitimate purpose.
  141         Section 5. Except as otherwise expressly provided in this
  142  act and except for this section, which shall take effect upon
  143  this act becoming a law, this act shall take effect October 1,
  144  2020.