House Bill hb1759

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    Florida House of Representatives - 2001                HB 1759

        By the Committee on Information Technology and
    Representatives Hart, Mack, Mealor, Fiorentino, Harrell and
    Wishner




  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.

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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  that 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  amendment to section 784.048, Florida Statutes, in references

18  thereto, the sections or subdivisions of Florida Statutes set

19  forth below are reenacted to read:

20         775.084  Violent career criminals; habitual felony

21  offenders and habitual violent felony offenders; three-time

22  violent felony offenders; definitions; procedure; enhanced

23  penalties or mandatory minimum prison terms.--

24         (1)  As used in this act:

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

26  whom the court must impose imprisonment pursuant to paragraph

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

28         1.  The defendant has previously been convicted as an

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

30  other qualified offense that is:

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

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

  2  and (4);

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

  4  827.03(2);

  5         d.  Aggravated abuse of an elderly person or disabled

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

  7         e.  Lewd or lascivious battery, lewd or lascivious

  8  molestation, lewd or lascivious conduct, or lewd or lascivious

  9  exhibition, as described in s. 800.04;

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

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

12  or possession of a firearm.

13         2.  The defendant has been incarcerated in a state

14  prison or a federal prison.

15         3.  The primary felony offense for which the defendant

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

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

18         a.  While the defendant was serving a prison sentence

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

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

21  for an enumerated felony; or

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

23  prior enumerated felony, or within 5 years after the

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

25  community control, control release, conditional release,

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

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

28  conviction for an enumerated felony, whichever is later.

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

30  felony or other qualified offense that is necessary for the

31  operation of this paragraph.

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

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

  3  aside in any postconviction proceeding.

  4         790.065  Sale and delivery of firearms.--

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

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

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

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

  9  whether the potential buyer or transferee has been indicted or

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

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

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

13  against domestic violence entered against the potential buyer

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

15  protection against repeat violence entered against the

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

17  arrested for a dangerous crime as specified in s.

18  907.041(4)(a) or for any of the following enumerated offenses:

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

20         b.  Extortion under s. 836.05.

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

22         d.  Controlled substances violations under chapter 893.

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

24         f.  Weapons and firearms violations under this chapter.

25         g.  Treason under s. 876.32.

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

27         i.  Sabotage under s. 876.38.

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

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

  2  arrest, the department shall provide to the licensee a

  3  conditional nonapproval number.

  4         2.  Within 24 working hours, the department shall

  5  determine the disposition of the indictment, information, or

  6  arrest and inform the licensee as to whether the potential

  7  buyer is prohibited from receiving or possessing a firearm.

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

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

10  legal holidays.

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

12  the department, shall respond to any department request for

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

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

15  working hours.

16         4.  The department shall determine as quickly as

17  possible within the allotted time period whether the potential

18  buyer is prohibited from receiving or possessing a firearm.

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

20  the department cannot determine the disposition information

21  within the allotted time period, the department shall provide

22  the licensee with a conditional approval number.

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

24  nonapproval number shall become a nonapproval number.

25         7.  The department shall continue its attempts to

26  obtain the disposition information and may retain a record of

27  all approval numbers granted without sufficient disposition

28  information.  If the department later obtains disposition

29  information which indicates:

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  1         a.  That the potential buyer is not prohibited from

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

  3  in accordance with this section; or

  4         b.  That the potential buyer is prohibited from owning

  5  a firearm, it shall immediately revoke the conditional

  6  approval number and notify local law enforcement.

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

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

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

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

11  conditional nonapproval number shall remain in effect.

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

15

16  Florida           Felony

17  Statute           Degree             Description

18

19                              (f)  LEVEL 6

20  316.027(1)(b)      2nd      Accident involving death, failure

21                              to stop; leaving scene.

22  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

23                              conviction.

24  775.0875(1)        3rd      Taking firearm from law

25                              enforcement officer.

26  775.21(10)         3rd      Sexual predators; failure to

27                              register; failure to renew

28                              driver's license or

29                              identification card.

30  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

31                              without intent to kill.

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

  2                              commit felony.

  3  784.041            3rd      Felony battery.

  4  784.048(3)         3rd      Aggravated stalking; credible

  5                              threat.

  6  784.048(5)         3rd      Aggravated stalking of person

  7                              under 16.

  8  784.07(2)(c)       2nd      Aggravated assault on law

  9                              enforcement officer.

10  784.08(2)(b)       2nd      Aggravated assault on a person 65

11                              years of age or older.

12  784.081(2)         2nd      Aggravated assault on specified

13                              official or employee.

14  784.082(2)         2nd      Aggravated assault by detained

15                              person on visitor or other

16                              detainee.

17  784.083(2)         2nd      Aggravated assault on code

18                              inspector.

19  787.02(2)          3rd      False imprisonment; restraining

20                              with purpose other than those in

21                              s. 787.01.

22  790.115(2)(d)      2nd      Discharging firearm or weapon on

23                              school property.

24  790.161(2)         2nd      Make, possess, or throw

25                              destructive device with intent to

26                              do bodily harm or damage

27                              property.

28  790.164(1)         2nd      False report of deadly explosive

29                              or act of arson or violence to

30                              state property.

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  1  790.19             2nd      Shooting or throwing deadly

  2                              missiles into dwellings, vessels,

  3                              or vehicles.

  4  794.011(8)(a)      3rd      Solicitation of minor to

  5                              participate in sexual activity by

  6                              custodial adult.

  7  794.05(1)          2nd      Unlawful sexual activity with

  8                              specified minor.

  9  800.04(5)(d)       3rd      Lewd or lascivious molestation;

10                              victim 12 years of age or older

11                              but less than 16 years; offender

12                              less than 18 years.

13  800.04(6)(b)       2nd      Lewd or lascivious conduct;

14                              offender 18 years of age or

15                              older.

16  806.031(2)         2nd      Arson resulting in great bodily

17                              harm to firefighter or any other

18                              person.

19  810.02(3)(c)       2nd      Burglary of occupied structure;

20                              unarmed; no assault or battery.

21  812.014(2)(b)      2nd      Property stolen $20,000 or more,

22                              but less than $100,000, grand

23                              theft in 2nd degree.

24  812.13(2)(c)       2nd      Robbery, no firearm or other

25                              weapon (strong-arm robbery).

26  817.034(4)(a)1.    1st      Communications fraud, value

27                              greater than $50,000.

28  817.4821(5)        2nd      Possess cloning paraphernalia

29                              with intent to create cloned

30                              cellular telephones.

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

  2                              disabled adult.

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

  4                              disabled adult.

  5  825.1025(3)        3rd      Lewd or lascivious molestation of

  6                              an elderly person or disabled

  7                              adult.

  8  825.103(2)(c)      3rd      Exploiting an elderly person or

  9                              disabled adult and property is

10                              valued at less than $20,000.

11  827.03(1)          3rd      Abuse of a child.

12  827.03(3)(c)       3rd      Neglect of a child.

13  827.071(2)&(3)     2nd      Use or induce a child in a sexual

14                              performance, or promote or direct

15                              such performance.

16  836.05             2nd      Threats; extortion.

17  836.10             2nd      Written threats to kill or do

18                              bodily injury.

19  843.12             3rd      Aids or assists person to escape.

20  847.0135(3)        3rd      Solicitation of a child, via a

21                              computer service, to commit an

22                              unlawful sex act.

23  914.23             2nd      Retaliation against a witness,

24                              victim, or informant, with bodily

25                              injury.

26  943.0435(9)        3rd      Sex offenders; failure to comply

27                              with reporting requirements.

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  1  944.35(3)(a)2.     3rd      Committing malicious battery upon

  2                              or inflicting cruel or inhuman

  3                              treatment on an inmate or

  4                              offender on community

  5                              supervision, resulting in great

  6                              bodily harm.

  7  944.40             2nd      Escapes.

  8  944.46             3rd      Harboring, concealing, aiding

  9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (g)  LEVEL 7

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27  456.065(2)         3rd      Practicing a health care

28                              profession without a license.

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  1  456.065(2)         2nd      Practicing a health care

  2                              profession without a license

  3                              which results in serious bodily

  4                              injury.

  5  458.327(1)         3rd      Practicing medicine without a

  6                              license.

  7  459.013(1)         3rd      Practicing osteopathic medicine

  8                              without a license.

  9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

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  1  484.053            3rd      Dispensing hearing aids without a

  2                              license.

  3  494.0018(2)        1st      Conviction of any violation of

  4                              ss. 494.001-494.0077 in which the

  5                              total money and property

  6                              unlawfully obtained exceeded

  7                              $50,000 and there were five or

  8                              more victims.

  9  560.123(8)(b)1.    3rd      Failure to report currency or

10                              payment instruments exceeding

11                              $300 but less than $20,000 by

12                              money transmitter.

13  560.125(5)(a)      3rd      Money transmitter business by

14                              unauthorized person, currency or

15                              payment instruments exceeding

16                              $300 but less than $20,000.

17  655.50(10)(b)1.    3rd      Failure to report financial

18                              transactions exceeding $300 but

19                              less than $20,000 by financial

20                              institution.

21  782.051(3)         2nd      Attempted felony murder of a

22                              person by a person other than the

23                              perpetrator or the perpetrator of

24                              an attempted felony.

25  782.07(1)          2nd      Killing of a human being by the

26                              act, procurement, or culpable

27                              negligence of another

28                              (manslaughter).

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  1  782.071            2nd      Killing of human being or viable

  2                              fetus by the operation of a motor

  3                              vehicle in a reckless manner

  4                              (vehicular homicide).

  5  782.072            2nd      Killing of a human being by the

  6                              operation of a vessel in a

  7                              reckless manner (vessel

  8                              homicide).

  9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.08(2)(a)       1st      Aggravated battery on a person 65

21                              years of age or older.

22  784.081(1)         1st      Aggravated battery on specified

23                              official or employee.

24  784.082(1)         1st      Aggravated battery by detained

25                              person on visitor or other

26                              detainee.

27  784.083(1)         1st      Aggravated battery on code

28                              inspector.

29  790.07(4)          1st      Specified weapons violation

30                              subsequent to previous conviction

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

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

  2                              specified circumstances.

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

  4                              attempting to use a hoax weapon

  5                              of mass destruction.

  6  796.03             2nd      Procuring any person under 16

  7                              years for prostitution.

  8  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

  9                              victim less than 12 years of age;

10                              offender less than 18 years.

11  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

12                              victim 12 years of age or older

13                              but less than 16 years; offender

14                              18 years or older.

15  806.01(2)          2nd      Maliciously damage structure by

16                              fire or explosive.

17  810.02(3)(a)       2nd      Burglary of occupied dwelling;

18                              unarmed; no assault or battery.

19  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

20                              unarmed; no assault or battery.

21  810.02(3)(d)       2nd      Burglary of occupied conveyance;

22                              unarmed; no assault or battery.

23  812.014(2)(a)      1st      Property stolen, valued at

24                              $100,000 or more; property stolen

25                              while causing other property

26                              damage; 1st degree grand theft.

27  812.019(2)         1st      Stolen property; initiates,

28                              organizes, plans, etc., the theft

29                              of property and traffics in

30                              stolen property.

31  812.131(2)(a)      2nd      Robbery by sudden snatching.

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

  2                              weapon, or other weapon.

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

  4                              disabled adult causing great

  5                              bodily harm, disability, or

  6                              disfigurement.

  7  825.1025(2)        2nd      Lewd or lascivious battery upon

  8                              an elderly person or disabled

  9                              adult.

10  825.103(2)(b)      2nd      Exploiting an elderly person or

11                              disabled adult and property is

12                              valued at $20,000 or more, but

13                              less than $100,000.

14  827.03(3)(b)       2nd      Neglect of a child causing great

15                              bodily harm, disability, or

16                              disfigurement.

17  827.04(3)          3rd      Impregnation of a child under 16

18                              years of age by person 21 years

19                              of age or older.

20  837.05(2)          3rd      Giving false information about

21                              alleged capital felony to a law

22                              enforcement officer.

23  872.06             2nd      Abuse of a dead human body.

24  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

25                              cocaine (or other drug prohibited

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

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

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

29                              child care facility or school.

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

  2                              cocaine or other drug prohibited

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

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

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

  6                              property used for religious

  7                              services or a specified business

  8                              site.

  9  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

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

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 50 lbs., less than 2,000

15                              lbs.

16  893.135

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

18                              28 grams, less than 200 grams.

19  893.135

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

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

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

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

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

  2                              than 14 grams, less than 28

  3                              grams.

  4  893.135

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

  6                              grams or more, less than 14

  7                              grams.

  8  893.135

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

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

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

15                              kilogram or more, less then 5

16                              kilograms.

17  893.135

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

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

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  1         960.001  Guidelines for fair treatment of victims and

  2  witnesses in the criminal justice and juvenile justice

  3  systems.--

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

  5  attorneys, the Department of Corrections, the Department of

  6  Juvenile Justice, the Parole Commission, the State Courts

  7  Administrator and circuit court administrators, the Department

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

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

10  943.10(4) shall develop and implement guidelines for the use

11  of their respective agencies, which guidelines are consistent

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

13  State Constitution and are designed to implement the

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

15  to achieve the following objectives:

16         (b)  Information for purposes of notifying victim or

17  appropriate next of kin of victim or other designated contact

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

19  782; or a sexual offense, pursuant to chapter 794; or an

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

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

22  pursuant to s. 25.385:

23         1.  The arresting law enforcement officer or personnel

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

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

26  contact must request that the victim or appropriate next of

27  kin of the victim or other designated contact complete a

28  victim notification card.  However, the victim or appropriate

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

30  choose not to complete the victim notification card.

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

  2  the victim or other designated contact waives the option to

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

  4  notification card must be filed with the incident report or

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

  6  the incident report or warrant originated. The notification

  7  card shall, at a minimum, consist of:

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

  9  or

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

11  appropriate next of kin of the victim; or

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

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

14  the victim; and

15         d.  Any relevant identification or case numbers

16  assigned to the case.

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

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

19  juvenile detention facility, or residential commitment

20  facility shall make a reasonable attempt to notify the alleged

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

22  other designated contact within 4 hours following the release

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

24  offender, upon the release from residential detention or

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

26  unable to contact the alleged victim or appropriate next of

27  kin of the alleged victim or other designated contact by

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

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

30  victim or other designated contact a written notification of

31  the defendant's release.

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  1         4.  Unless otherwise requested by the victim or the

  2  appropriate next of kin of the victim or other designated

  3  contact, the information contained on the victim notification

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

  5  the appropriate facility to the subsequent correctional or

  6  residential commitment facility following the sentencing and

  7  incarceration of the defendant, and unless otherwise requested

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

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

10  release of the defendant from incarceration as provided by

11  law.

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

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

14  jurisdiction other than the jurisdiction in which the

15  defendant is being released, and the alleged victim or

16  appropriate next of kin of the alleged victim or other

17  designated contact does not waive the option for notification

18  of release, the chief correctional officer or chief

19  administrator of the facility releasing the defendant shall

20  make a reasonable attempt to immediately notify the chief

21  correctional officer of the jurisdiction in which the warrant

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

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

24  jurisdiction shall make a reasonable attempt to notify the

25  alleged victim or appropriate next of kin of the alleged

26  victim or other designated contact, as provided in this

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

28         Section 3.  This act shall take effect October 1, 2001.

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

  2                          HOUSE SUMMARY

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