Florida Senate - 2018 CS for CS for SB 310
By the Committees on Appropriations; and Criminal Justice; and
Senators Steube and Baxley
576-03807-18 2018310c2
1 A bill to be entitled
2 An act relating to threats to kill or do great bodily
3 injury; amending s. 836.10, F.S.; prohibiting a person
4 from making a threat to kill or do great bodily injury
5 in a writing or other record and transmitting that
6 threat in any manner that would allow another person
7 to view the threat; deleting requirements that a
8 threat be sent to a specific recipient to be
9 prohibited; revising a criminal penalty; exempting
10 certain providers of services from liability; amending
11 s. 921.0022, F.S.; revising the ranking of the offense
12 of making written threats to kill or do great bodily
13 injury on the offense severity ranking chart of the
14 Criminal Punishment Code; reenacting ss. 794.056(1)
15 and 938.085, F.S., relating to the Rape Crisis Program
16 Trust Fund and additional cost to fund rape crisis
17 centers, respectively, to incorporate the amendments
18 made to s. 836.10, F.S., in references thereto;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 836.10, Florida Statutes, is amended to
24 read:
25 836.10 Written threats to kill or do great bodily injury;
26 punishment; exemption from liability.—
27 (1) A Any person who makes a threat in a writing or other
28 record, including an electronic record, writes or composes and
29 also sends or procures the sending of any letter, inscribed
30 communication, or electronic communication, whether such letter
31 or communication be signed or anonymous, to any person,
32 containing a threat to kill or to do great bodily injury to
33 another the person and posts or transmits the threat in any
34 manner that would allow another person to view the threat to
35 whom such letter or communication is sent, or a threat to kill
36 or do bodily injury to any member of the family of the person to
37 whom such letter or communication is sent commits a felony of
38 the third second degree, punishable as provided in s. 775.082,
39 s. 775.083, or s. 775.084.
40 (2) This section does not impose liability on a provider of
41 an interactive computer service, communications services as
42 defined in s. 202.11, a commercial mobile service, or an
43 information service, including, but not limited to, an Internet
44 service provider or a hosting service provider, if it provides
45 the transmission, storage, or caching of electronic
46 communications or messages of others or provides another related
47 telecommunications, commercial mobile radio service, or
48 information service for use by another person who violates this
49 section. This exemption from liability is consistent with and in
50 addition to any liability exemption provided under 47 U.S.C. s.
51 230.
52 Section 2. Paragraphs (d) and (f) of subsection (3) of
53 section 921.0022, Florida Statutes, are amended to read:
54 921.0022 Criminal Punishment Code; offense severity ranking
55 chart.—
56 (3) OFFENSE SEVERITY RANKING CHART
57 (d) LEVEL 4
58
59 FloridaStatute FelonyDegree Description
60 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
61 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
62 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
63 517.07(1) 3rd Failure to register securities.
64 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
65 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
66 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
67 784.075 3rd Battery on detention or commitment facility staff.
68 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
69 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
70 784.081(3) 3rd Battery on specified official or employee.
71 784.082(3) 3rd Battery by detained person on visitor or other detainee.
72 784.083(3) 3rd Battery on code inspector.
73 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
74 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
75 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
76 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
77 787.07 3rd Human smuggling.
78 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
79 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
80 790.115(2)(c) 3rd Possessing firearm on school property.
81 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
82 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
83 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
84 810.06 3rd Burglary; possession of tools.
85 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
86 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
87 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
88 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
89 817.505(4)(a) 3rd Patient brokering.
90 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
91 817.568(2)(a) 3rd Fraudulent use of personal identification information.
92 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
93 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
94 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
95 836.10 3rd Written threats to kill or do great bodily injury.
96 837.02(1) 3rd Perjury in official proceedings.
97 837.021(1) 3rd Make contradictory statements in official proceedings.
98 838.022 3rd Official misconduct.
99 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
100 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
101 843.021 3rd Possession of a concealed handcuff key by a person in custody.
102 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
103 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
104 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
105 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
106 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
107 914.14(2) 3rd Witnesses accepting bribes.
108 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
109 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
110 918.12 3rd Tampering with jurors.
111 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
112 (f) LEVEL 6
113
114 FloridaStatute FelonyDegree Description
115 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
116 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
117 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
118 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
119 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
120 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
121 775.0875(1) 3rd Taking firearm from law enforcement officer.
122 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
123 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
124 784.041 3rd Felony battery; domestic battery by strangulation.
125 784.048(3) 3rd Aggravated stalking; credible threat.
126 784.048(5) 3rd Aggravated stalking of person under 16.
127 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
128 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
129 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
130 784.081(2) 2nd Aggravated assault on specified official or employee.
131 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
132 784.083(2) 2nd Aggravated assault on code inspector.
133 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
134 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
135 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
136 790.164(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.
137 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
138 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
139 794.05(1) 2nd Unlawful sexual activity with specified minor.
140 800.04(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.
141 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
142 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
143 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
144 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
145 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
146 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
147 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
148 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
149 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
150 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
151 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
152 825.102(1) 3rd Abuse of an elderly person or disabled adult.
153 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
154 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
155 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
156 827.03(2)(c) 3rd Abuse of a child.
157 827.03(2)(d) 3rd Neglect of a child.
158 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
159 836.05 2nd Threats; extortion.
160 836.10 2nd Written threats to kill or do bodily injury.
161 843.12 3rd Aids or assists person to escape.
162 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
163 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
164 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
165 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
166 944.35(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.
167 944.40 2nd Escapes.
168 944.46 3rd Harboring, concealing, aiding escaped prisoners.
169 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
170 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
171 Section 3. For the purpose of incorporating the amendment
172 made by this act to section 836.10, Florida Statutes, in a
173 reference thereto, subsection (1) of section 794.056, Florida
174 Statutes, is reenacted to read:
175 794.056 Rape Crisis Program Trust Fund.—
176 (1) The Rape Crisis Program Trust Fund is created within
177 the Department of Health for the purpose of providing funds for
178 rape crisis centers in this state. Trust fund moneys shall be
179 used exclusively for the purpose of providing services for
180 victims of sexual assault. Funds credited to the trust fund
181 consist of those funds collected as an additional court
182 assessment in each case in which a defendant pleads guilty or
183 nolo contendere to, or is found guilty of, regardless of
184 adjudication, an offense provided in s. 775.21(6) and (10)(a),
185 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
186 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
187 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
188 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
189 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
190 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
191 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
192 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
193 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
194 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
195 fund also shall include revenues provided by law, moneys
196 appropriated by the Legislature, and grants from public or
197 private entities.
198 Section 4. For the purpose of incorporating the amendment
199 made by this act to section 836.10, Florida Statutes, in a
200 reference thereto, section 938.085, Florida Statutes, is
201 reenacted to read:
202 938.085 Additional cost to fund rape crisis centers.—In
203 addition to any sanction imposed when a person pleads guilty or
204 nolo contendere to, or is found guilty of, regardless of
205 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
206 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
207 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
208 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
209 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
210 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
211 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
212 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
213 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
214 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
215 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
216 $151. Payment of the surcharge shall be a condition of
217 probation, community control, or any other court-ordered
218 supervision. The sum of $150 of the surcharge shall be deposited
219 into the Rape Crisis Program Trust Fund established within the
220 Department of Health by chapter 2003-140, Laws of Florida. The
221 clerk of the court shall retain $1 of each surcharge that the
222 clerk of the court collects as a service charge of the clerk’s
223 office.
224 Section 5. This act shall take effect July 1, 2018.