HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Hart offered the following:
12
13 Amendment (with title amendment)
14 On page 13, between lines 25 and 26,
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16 insert:
17 Section 11. Section 784.048, Florida Statutes, is
18 amended to read:
19 784.048 Stalking; definitions; penalties.--
20 (1) As used in this section, the term:
21 (a) "Harass" means to engage in a course of conduct
22 directed at a specific person that causes substantial
23 emotional distress in such person and serves no legitimate
24 purpose.
25 (b) "Course of conduct" means a pattern of conduct
26 composed of a series of acts over a period of time, however
27 short, evidencing a continuity of purpose. Constitutionally
28 protected activity is not included within the meaning of
29 "course of conduct." Such constitutionally protected activity
30 includes picketing or other organized protests.
31 (c) "Credible threat" means a threat made with the
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 intent to cause the person who is the target of the threat to
2 reasonably fear for his or her safety. The threat must be
3 against the life of, or a threat to cause bodily injury to, a
4 person.
5 (d) "Cyberstalk" means to engage in a course of
6 conduct to communicate, or to cause to be communicated, words,
7 images, or language by or through the use of electronic mail
8 or electronic communication, directed at a specific person,
9 that causes substantial emotional distress in such person and
10 serves no legitimate purpose.
11 (2) Any person who willfully, maliciously, and
12 repeatedly follows, or harasses, or cyberstalks another person
13 commits the offense of stalking, a misdemeanor of the first
14 degree, punishable as provided in s. 775.082 or s. 775.083.
15 (3) Any person who willfully, maliciously, and
16 repeatedly follows, or harasses, or cyberstalks another
17 person, and makes a credible threat with the intent to place
18 that person in reasonable fear of death or bodily injury of
19 the person or the person's child, sibling, spouse, or
20 dependent, commits the offense of aggravated stalking, a
21 felony of the third degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 (4) Any person who, after an injunction for protection
24 against repeat violence pursuant to s. 784.046, or an
25 injunction for protection against domestic violence pursuant
26 to s. 741.30, or after any other court-imposed prohibition of
27 conduct toward the subject person or that person's property,
28 knowingly, willfully, maliciously, and repeatedly follows, or
29 harasses, or cyberstalks another person commits the offense of
30 aggravated stalking, a felony of the third degree, punishable
31 as provided in s. 775.082, s. 775.083, or s. 775.084.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) Any person who willfully, maliciously, and
2 repeatedly follows or harasses a minor under 16 years of age,
3 or any person over 18 years of age who willfilly, maliciously
4 and repeatedly cyberstalks a minor under 16 years of age
5 commits the offense of aggravated stalking, a felony of the
6 third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 (6) Any law enforcement officer may arrest, without a
9 warrant, any person he or she has probable cause to believe
10 has violated the provisions of this section.
11 Section 12. For the purpose of incorporating the
12 amendment to section 784.048, Florida Statutes, in references
13 thereto, the sections or subdivisions of Florida Statutes set
14 forth below are reenacted to read:
15 775.084 Violent career criminals; habitual felony
16 offenders and habitual violent felony offenders; three-time
17 violent felony offenders; definitions; procedure; enhanced
18 penalties or mandatory minimum prison terms.--
19 (1) As used in this act:
20 (d) "Violent career criminal" means a defendant for
21 whom the court must impose imprisonment pursuant to paragraph
22 (4)(d), if it finds that:
23 1. The defendant has previously been convicted as an
24 adult three or more times for an offense in this state or
25 other qualified offense that is:
26 a. Any forcible felony, as described in s. 776.08;
27 b. Aggravated stalking, as described in s. 784.048(3)
28 and (4);
29 c. Aggravated child abuse, as described in s.
30 827.03(2);
31 d. Aggravated abuse of an elderly person or disabled
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 adult, as described in s. 825.102(2);
2 e. Lewd or lascivious battery, lewd or lascivious
3 molestation, lewd or lascivious conduct, or lewd or lascivious
4 exhibition, as described in s. 800.04;
5 f. Escape, as described in s. 944.40; or
6 g. A felony violation of chapter 790 involving the use
7 or possession of a firearm.
8 2. The defendant has been incarcerated in a state
9 prison or a federal prison.
10 3. The primary felony offense for which the defendant
11 is to be sentenced is a felony enumerated in subparagraph 1.
12 and was committed on or after October 1, 1995, and:
13 a. While the defendant was serving a prison sentence
14 or other sentence, or court-ordered or lawfully imposed
15 supervision that is imposed as a result of a prior conviction
16 for an enumerated felony; or
17 b. Within 5 years after the conviction of the last
18 prior enumerated felony, or within 5 years after the
19 defendant's release from a prison sentence, probation,
20 community control, control release, conditional release,
21 parole, or court-ordered or lawfully imposed supervision or
22 other sentence that is imposed as a result of a prior
23 conviction for an enumerated felony, whichever is later.
24 4. The defendant has not received a pardon for any
25 felony or other qualified offense that is necessary for the
26 operation of this paragraph.
27 5. A conviction of a felony or other qualified offense
28 necessary to the operation of this paragraph has not been set
29 aside in any postconviction proceeding.
30 790.065 Sale and delivery of firearms.--
31 (2) Upon receipt of a request for a criminal history
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 record check, the Department of Law Enforcement shall, during
2 the licensee's call or by return call, forthwith:
3 (c)1. Review any records available to it to determine
4 whether the potential buyer or transferee has been indicted or
5 has had an information filed against her or him for an offense
6 that is a felony under either state or federal law, or, as
7 mandated by federal law, has had an injunction for protection
8 against domestic violence entered against the potential buyer
9 or transferee under s. 741.30, has had an injunction for
10 protection against repeat violence entered against the
11 potential buyer or transferee under s. 784.046, or has been
12 arrested for a dangerous crime as specified in s.
13 907.041(4)(a) or for any of the following enumerated offenses:
14 a. Criminal anarchy under ss. 876.01 and 876.02.
15 b. Extortion under s. 836.05.
16 c. Explosives violations under s. 552.22(1) and (2).
17 d. Controlled substances violations under chapter 893.
18 e. Resisting an officer with violence under s. 843.01.
19 f. Weapons and firearms violations under this chapter.
20 g. Treason under s. 876.32.
21 h. Assisting self-murder under s. 782.08.
22 i. Sabotage under s. 876.38.
23 j. Stalking or aggravated stalking under s. 784.048.
24
25 If the review indicates any such indictment, information, or
26 arrest, the department shall provide to the licensee a
27 conditional nonapproval number.
28 2. Within 24 working hours, the department shall
29 determine the disposition of the indictment, information, or
30 arrest and inform the licensee as to whether the potential
31 buyer is prohibited from receiving or possessing a firearm.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 For purposes of this paragraph, "working hours" means the
2 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
3 legal holidays.
4 3. The office of the clerk of court, at no charge to
5 the department, shall respond to any department request for
6 data on the disposition of the indictment, information, or
7 arrest as soon as possible, but in no event later than 8
8 working hours.
9 4. The department shall determine as quickly as
10 possible within the allotted time period whether the potential
11 buyer is prohibited from receiving or possessing a firearm.
12 5. If the potential buyer is not so prohibited, or if
13 the department cannot determine the disposition information
14 within the allotted time period, the department shall provide
15 the licensee with a conditional approval number.
16 6. If the buyer is so prohibited, the conditional
17 nonapproval number shall become a nonapproval number.
18 7. The department shall continue its attempts to
19 obtain the disposition information and may retain a record of
20 all approval numbers granted without sufficient disposition
21 information. If the department later obtains disposition
22 information which indicates:
23 a. That the potential buyer is not prohibited from
24 owning a firearm, it shall treat the record of the transaction
25 in accordance with this section; or
26 b. That the potential buyer is prohibited from owning
27 a firearm, it shall immediately revoke the conditional
28 approval number and notify local law enforcement.
29 8. During the time that disposition of the indictment,
30 information, or arrest is pending and until the department is
31 notified by the potential buyer that there has been a final
6
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disposition of the indictment, information, or arrest, the
2 conditional nonapproval number shall remain in effect.
3 921.0022 Criminal Punishment Code; offense severity
4 ranking chart.--
5 (3) OFFENSE SEVERITY RANKING CHART
6
7 Florida Felony
8 Statute Degree Description
9
10 (f) LEVEL 6
11 316.027(1)(b) 2nd Accident involving death, failure
12 to stop; leaving scene.
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 775.0875(1) 3rd Taking firearm from law
16 enforcement officer.
17 775.21(10) 3rd Sexual predators; failure to
18 register; failure to renew
19 driver's license or
20 identification card.
21 784.021(1)(a) 3rd Aggravated assault; deadly weapon
22 without intent to kill.
23 784.021(1)(b) 3rd Aggravated assault; intent to
24 commit felony.
25 784.041 3rd Felony battery.
26 784.048(3) 3rd Aggravated stalking; credible
27 threat.
28 784.048(5) 3rd Aggravated stalking of person
29 under 16.
30 784.07(2)(c) 2nd Aggravated assault on law
31 enforcement officer.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
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 or act of arson or violence to
21 state property.
22 790.19 2nd Shooting or throwing deadly
23 missiles into dwellings, vessels,
24 or vehicles.
25 794.011(8)(a) 3rd Solicitation of minor to
26 participate in sexual activity by
27 custodial adult.
28 794.05(1) 2nd Unlawful sexual activity with
29 specified minor.
30 800.04(5)(d) 3rd Lewd or lascivious molestation;
31 victim 12 years of age or older
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 but less than 16 years; offender
2 less than 18 years.
3 800.04(6)(b) 2nd Lewd or lascivious conduct;
4 offender 18 years of age or
5 older.
6 806.031(2) 2nd Arson resulting in great bodily
7 harm to firefighter or any other
8 person.
9 810.02(3)(c) 2nd Burglary of occupied structure;
10 unarmed; no assault or battery.
11 812.014(2)(b) 2nd Property stolen $20,000 or more,
12 but less than $100,000, grand
13 theft in 2nd degree.
14 812.13(2)(c) 2nd Robbery, no firearm or other
15 weapon (strong-arm robbery).
16 817.034(4)(a)1. 1st Communications fraud, value
17 greater than $50,000.
18 817.4821(5) 2nd Possess cloning paraphernalia
19 with intent to create cloned
20 cellular telephones.
21 825.102(1) 3rd Abuse of an elderly person or
22 disabled adult.
23 825.102(3)(c) 3rd Neglect of an elderly person or
24 disabled adult.
25 825.1025(3) 3rd Lewd or lascivious molestation of
26 an elderly person or disabled
27 adult.
28 825.103(2)(c) 3rd Exploiting an elderly person or
29 disabled adult and property is
30 valued at less than $20,000.
31 827.03(1) 3rd Abuse of a child.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 827.03(3)(c) 3rd Neglect of a child.
2 827.071(2)&(3) 2nd Use or induce a child in a sexual
3 performance, or promote or direct
4 such performance.
5 836.05 2nd Threats; extortion.
6 836.10 2nd Written threats to kill or do
7 bodily injury.
8 843.12 3rd Aids or assists person to escape.
9 847.0135(3) 3rd Solicitation of a child, via a
10 computer service, to commit an
11 unlawful sex act.
12 914.23 2nd Retaliation against a witness,
13 victim, or informant, with bodily
14 injury.
15 943.0435(9) 3rd Sex offenders; failure to comply
16 with reporting requirements.
17 944.35(3)(a)2. 3rd Committing malicious battery upon
18 or inflicting cruel or inhuman
19 treatment on an inmate or
20 offender on community
21 supervision, resulting in great
22 bodily harm.
23 944.40 2nd Escapes.
24 944.46 3rd Harboring, concealing, aiding
25 escaped prisoners.
26 944.47(1)(a)5. 2nd Introduction of contraband
27 (firearm, weapon, or explosive)
28 into correctional facility.
29 951.22(1) 3rd Intoxicating drug, firearm, or
30 weapon introduced into county
31 facility.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 456.065(2) 3rd Practicing a health care
13 profession without a license.
14 456.065(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 560.123(8)(b)1. 3rd Failure to report currency or
22 payment instruments exceeding
23 $300 but less than $20,000 by
24 money transmitter.
25 560.125(5)(a) 3rd Money transmitter business by
26 unauthorized person, currency or
27 payment instruments exceeding
28 $300 but less than $20,000.
29 655.50(10)(b)1. 3rd Failure to report financial
30 transactions exceeding $300 but
31 less than $20,000 by financial
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 institution.
2 782.051(3) 2nd Attempted felony murder of a
3 person by a person other than the
4 perpetrator or the perpetrator of
5 an attempted felony.
6 782.07(1) 2nd Killing of a human being by the
7 act, procurement, or culpable
8 negligence of another
9 (manslaughter).
10 782.071 2nd Killing of human being or viable
11 fetus by the operation of a motor
12 vehicle in a reckless manner
13 (vehicular homicide).
14 782.072 2nd Killing of a human being by the
15 operation of a vessel in a
16 reckless manner (vessel
17 homicide).
18 784.045(1)(a)1. 2nd Aggravated battery; intentionally
19 causing great bodily harm or
20 disfigurement.
21 784.045(1)(a)2. 2nd Aggravated battery; using deadly
22 weapon.
23 784.045(1)(b) 2nd Aggravated battery; perpetrator
24 aware victim pregnant.
25 784.048(4) 3rd Aggravated stalking; violation of
26 injunction or court order.
27 784.07(2)(d) 1st Aggravated battery on law
28 enforcement officer.
29 784.08(2)(a) 1st Aggravated battery on a person 65
30 years of age or older.
31
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 784.081(1) 1st Aggravated battery on specified
2 official or employee.
3 784.082(1) 1st Aggravated battery by detained
4 person on visitor or other
5 detainee.
6 784.083(1) 1st Aggravated battery on code
7 inspector.
8 790.07(4) 1st Specified weapons violation
9 subsequent to previous conviction
10 of s. 790.07(1) or (2).
11 790.16(1) 1st Discharge of a machine gun under
12 specified circumstances.
13 790.166(3) 2nd Possessing, selling, using, or
14 attempting to use a hoax weapon
15 of mass destruction.
16 796.03 2nd Procuring any person under 16
17 years for prostitution.
18 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
19 victim less than 12 years of age;
20 offender less than 18 years.
21 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
22 victim 12 years of age or older
23 but less than 16 years; offender
24 18 years or older.
25 806.01(2) 2nd Maliciously damage structure by
26 fire or explosive.
27 810.02(3)(a) 2nd Burglary of occupied dwelling;
28 unarmed; no assault or battery.
29 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
30 unarmed; no assault or battery.
31
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 810.02(3)(d) 2nd Burglary of occupied conveyance;
2 unarmed; no assault or battery.
3 812.014(2)(a) 1st Property stolen, valued at
4 $100,000 or more; property stolen
5 while causing other property
6 damage; 1st degree grand theft.
7 812.019(2) 1st Stolen property; initiates,
8 organizes, plans, etc., the theft
9 of property and traffics in
10 stolen property.
11 812.131(2)(a) 2nd Robbery by sudden snatching.
12 812.133(2)(b) 1st Carjacking; no firearm, deadly
13 weapon, or other weapon.
14 825.102(3)(b) 2nd Neglecting an elderly person or
15 disabled adult causing great
16 bodily harm, disability, or
17 disfigurement.
18 825.1025(2) 2nd Lewd or lascivious battery upon
19 an elderly person or disabled
20 adult.
21 825.103(2)(b) 2nd Exploiting an elderly person or
22 disabled adult and property is
23 valued at $20,000 or more, but
24 less than $100,000.
25 827.03(3)(b) 2nd Neglect of a child causing great
26 bodily harm, disability, or
27 disfigurement.
28 827.04(3) 3rd Impregnation of a child under 16
29 years of age by person 21 years
30 of age or older.
31
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 837.05(2) 3rd Giving false information about
2 alleged capital felony to a law
3 enforcement officer.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility or school.
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 50 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.
29 893.135
30 (1)(c)1.a. 1st Trafficking in illegal drugs,
31 more than 4 grams, less than 14
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 grams.
2 893.135
3 (1)(d)1. 1st Trafficking in phencyclidine,
4 more than 28 grams, less than 200
5 grams.
6 893.135(1)(e)1. 1st Trafficking in methaqualone, more
7 than 200 grams, less than 5
8 kilograms.
9 893.135(1)(f)1. 1st Trafficking in amphetamine, more
10 than 14 grams, less than 28
11 grams.
12 893.135
13 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
14 grams or more, less than 14
15 grams.
16 893.135
17 (1)(h)1.a. 1st Trafficking in
18 gamma-hydroxybutyric acid (GHB),
19 1 kilogram or more, less than 5
20 kilograms.
21 893.135
22 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
23 kilogram or more, less then 5
24 kilograms.
25 893.135
26 (1)(j)2.a. 1st Trafficking in Phenethylamines,
27 10 grams or more, less than 200
28 grams.
29 896.101(5)(a) 3rd Money laundering, financial
30 transactions exceeding $300 but
31 less than $20,000.
17
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 896.104(4)(a)1. 3rd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions exceeding $300 but
5 less than $20,000.
6
7 960.001 Guidelines for fair treatment of victims and
8 witnesses in the criminal justice and juvenile justice
9 systems.--
10 (1) The Department of Legal Affairs, the state
11 attorneys, the Department of Corrections, the Department of
12 Juvenile Justice, the Parole Commission, the State Courts
13 Administrator and circuit court administrators, the Department
14 of Law Enforcement, and every sheriff's department, police
15 department, or other law enforcement agency as defined in s.
16 943.10(4) shall develop and implement guidelines for the use
17 of their respective agencies, which guidelines are consistent
18 with the purposes of this act and s. 16(b), Art. I of the
19 State Constitution and are designed to implement the
20 provisions of s. 16(b), Art. I of the State Constitution and
21 to achieve the following objectives:
22 (b) Information for purposes of notifying victim or
23 appropriate next of kin of victim or other designated contact
24 of victim.--In the case of a homicide, pursuant to chapter
25 782; or a sexual offense, pursuant to chapter 794; or an
26 attempted murder or sexual offense, pursuant to chapter 777;
27 or stalking, pursuant to s. 784.048; or domestic violence,
28 pursuant to s. 25.385:
29 1. The arresting law enforcement officer or personnel
30 of an organization that provides assistance to a victim or to
31 the appropriate next of kin of the victim or other designated
18
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 contact must request that the victim or appropriate next of
2 kin of the victim or other designated contact complete a
3 victim notification card. However, the victim or appropriate
4 next of kin of the victim or other designated contact may
5 choose not to complete the victim notification card.
6 2. Unless the victim or the appropriate next of kin of
7 the victim or other designated contact waives the option to
8 complete the victim notification card, a copy of the victim
9 notification card must be filed with the incident report or
10 warrant in the sheriff's office of the jurisdiction in which
11 the incident report or warrant originated. The notification
12 card shall, at a minimum, consist of:
13 a. The name, address, and phone number of the victim;
14 or
15 b. The name, address, and phone number of the
16 appropriate next of kin of the victim; or
17 c. The name, address, and phone number of a designated
18 contact other than the victim or appropriate next of kin of
19 the victim; and
20 d. Any relevant identification or case numbers
21 assigned to the case.
22 3. The chief administrator, or a person designated by
23 the chief administrator, of a county jail, municipal jail,
24 juvenile detention facility, or residential commitment
25 facility shall make a reasonable attempt to notify the alleged
26 victim or appropriate next of kin of the alleged victim or
27 other designated contact within 4 hours following the release
28 of the defendant on bail or, in the case of a juvenile
29 offender, upon the release from residential detention or
30 commitment. If the chief administrator, or designee, is
31 unable to contact the alleged victim or appropriate next of
19
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 kin of the alleged victim or other designated contact by
2 telephone, the chief administrator, or designee, must send to
3 the alleged victim or appropriate next of kin of the alleged
4 victim or other designated contact a written notification of
5 the defendant's release.
6 4. Unless otherwise requested by the victim or the
7 appropriate next of kin of the victim or other designated
8 contact, the information contained on the victim notification
9 card must be sent by the chief administrator, or designee, of
10 the appropriate facility to the subsequent correctional or
11 residential commitment facility following the sentencing and
12 incarceration of the defendant, and unless otherwise requested
13 by the victim or the appropriate next of kin of the victim or
14 other designated contact, he or she must be notified of the
15 release of the defendant from incarceration as provided by
16 law.
17 5. If the defendant was arrested pursuant to a warrant
18 issued or taken into custody pursuant to s. 985.207 in a
19 jurisdiction other than the jurisdiction in which the
20 defendant is being released, and the alleged victim or
21 appropriate next of kin of the alleged victim or other
22 designated contact does not waive the option for notification
23 of release, the chief correctional officer or chief
24 administrator of the facility releasing the defendant shall
25 make a reasonable attempt to immediately notify the chief
26 correctional officer of the jurisdiction in which the warrant
27 was issued or the juvenile was taken into custody pursuant to
28 s. 985.207, and the chief correctional officer of that
29 jurisdiction shall make a reasonable attempt to notify the
30 alleged victim or appropriate next of kin of the alleged
31 victim or other designated contact, as provided in this
20
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 paragraph, that the defendant has been or will be released.
2 Section 13. This act shall take effect October 1,
3 2001.
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, line 2 after "interest"
9
10 insert:
11 amending s. 784.048, F.S.; defining the term
12 "cyberstalk" to mean communication by means of
13 electronic mail or electronic communication
14 which causes substantial emotional distress and
15 does not serve a legitimate purpose; including
16 within the offenses of stalking and aggravated
17 stalking the willful, malicious, and repeated
18 cyberstalking of another person; providing
19 penalties; revising the elements of the offense
20 of aggravated stalking to include placing a
21 person in fear of death or bodily injury of the
22 person or the person's child, sibling, spouse,
23 or dependent; reenacting ss. 775.084(1)(d),
24 790.065(2)(c), 921.0022(3)(f) and (g), and
25 960.001(1)(b), F.S., to incorporate the
26 amendment to s. 784.048, F.S., in references
27 thereto;
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 14. Section 784.048, Florida Statutes, is
21
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 amended to read:
2 784.048 Stalking; definitions; penalties.--
3 (1) As used in this section, the term:
4 (a) "Harass" means to engage in a course of conduct
5 directed at a specific person that causes substantial
6 emotional distress in such person and serves no legitimate
7 purpose.
8 (b) "Course of conduct" means a pattern of conduct
9 composed of a series of acts over a period of time, however
10 short, evidencing a continuity of purpose. Constitutionally
11 protected activity is not included within the meaning of
12 "course of conduct." Such constitutionally protected activity
13 includes picketing or other organized protests.
14 (c) "Credible threat" means a threat made with the
15 intent to cause the person who is the target of the threat to
16 reasonably fear for his or her safety. The threat must be
17 against the life of, or a threat to cause bodily injury to, a
18 person.
19 (d) "Cyberstalk" means to engage in a course of
20 conduct to communicate, or to cause to be communicated, words,
21 images, or language by or through the use of electronic mail
22 or electronic communication, directed at a specific person,
23 that causes substantial emotional distress in such person and
24 serves no legitimate purpose.
25 (2) Any person who willfully, maliciously, and
26 repeatedly follows, or harasses, or cyberstalks another person
27 commits the offense of stalking, a misdemeanor of the first
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 (3) Any person who willfully, maliciously, and
30 repeatedly follows, or harasses, or cyberstalks another
31 person, and makes a credible threat with the intent to place
22
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 that person in reasonable fear of death or bodily injury of
2 the person or the person's child, sibling, spouse, or
3 dependent, commits the offense of aggravated stalking, a
4 felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 (4) Any person who, after an injunction for protection
7 against repeat violence pursuant to s. 784.046, or an
8 injunction for protection against domestic violence pursuant
9 to s. 741.30, or after any other court-imposed prohibition of
10 conduct toward the subject person or that person's property,
11 knowingly, willfully, maliciously, and repeatedly follows, or
12 harasses, or cyberstalks another person commits the offense of
13 aggravated stalking, a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (5) Any person who willfully, maliciously, and
16 repeatedly follows, or harasses, or cyberstalks a minor under
17 16 years of age commits the offense of aggravated stalking, a
18 felony of the third degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 (6) Any law enforcement officer may arrest, without a
21 warrant, any person he or she has probable cause to believe
22 has violated the provisions of this section.
23 Section 15. For the purpose of incorporating the
24 amendment to section 784.048, Florida Statutes, in references
25 thereto, the sections or subdivisions of Florida Statutes set
26 forth below are reenacted to read:
27 775.084 Violent career criminals; habitual felony
28 offenders and habitual violent felony offenders; three-time
29 violent felony offenders; definitions; procedure; enhanced
30 penalties or mandatory minimum prison terms.--
31 (1) As used in this act:
23
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (d) "Violent career criminal" means a defendant for
2 whom the court must impose imprisonment pursuant to paragraph
3 (4)(d), if it finds that:
4 1. The defendant has previously been convicted as an
5 adult three or more times for an offense in this state or
6 other qualified offense that is:
7 a. Any forcible felony, as described in s. 776.08;
8 b. Aggravated stalking, as described in s. 784.048(3)
9 and (4);
10 c. Aggravated child abuse, as described in s.
11 827.03(2);
12 d. Aggravated abuse of an elderly person or disabled
13 adult, as described in s. 825.102(2);
14 e. Lewd or lascivious battery, lewd or lascivious
15 molestation, lewd or lascivious conduct, or lewd or lascivious
16 exhibition, as described in s. 800.04;
17 f. Escape, as described in s. 944.40; or
18 g. A felony violation of chapter 790 involving the use
19 or possession of a firearm.
20 2. The defendant has been incarcerated in a state
21 prison or a federal prison.
22 3. The primary felony offense for which the defendant
23 is to be sentenced is a felony enumerated in subparagraph 1.
24 and was committed on or after October 1, 1995, and:
25 a. While the defendant was serving a prison sentence
26 or other sentence, or court-ordered or lawfully imposed
27 supervision that is imposed as a result of a prior conviction
28 for an enumerated felony; or
29 b. Within 5 years after the conviction of the last
30 prior enumerated felony, or within 5 years after the
31 defendant's release from a prison sentence, probation,
24
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 community control, control release, conditional release,
2 parole, or court-ordered or lawfully imposed supervision or
3 other sentence that is imposed as a result of a prior
4 conviction for an enumerated felony, whichever is later.
5 4. The defendant has not received a pardon for any
6 felony or other qualified offense that is necessary for the
7 operation of this paragraph.
8 5. A conviction of a felony or other qualified offense
9 necessary to the operation of this paragraph has not been set
10 aside in any postconviction proceeding.
11 790.065 Sale and delivery of firearms.--
12 (2) Upon receipt of a request for a criminal history
13 record check, the Department of Law Enforcement shall, during
14 the licensee's call or by return call, forthwith:
15 (c)1. Review any records available to it to determine
16 whether the potential buyer or transferee has been indicted or
17 has had an information filed against her or him for an offense
18 that is a felony under either state or federal law, or, as
19 mandated by federal law, has had an injunction for protection
20 against domestic violence entered against the potential buyer
21 or transferee under s. 741.30, has had an injunction for
22 protection against repeat violence entered against the
23 potential buyer or transferee under s. 784.046, or has been
24 arrested for a dangerous crime as specified in s.
25 907.041(4)(a) or for any of the following enumerated offenses:
26 a. Criminal anarchy under ss. 876.01 and 876.02.
27 b. Extortion under s. 836.05.
28 c. Explosives violations under s. 552.22(1) and (2).
29 d. Controlled substances violations under chapter 893.
30 e. Resisting an officer with violence under s. 843.01.
31 f. Weapons and firearms violations under this chapter.
25
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 g. Treason under s. 876.32.
2 h. Assisting self-murder under s. 782.08.
3 i. Sabotage under s. 876.38.
4 j. Stalking or aggravated stalking under s. 784.048.
5
6 If the review indicates any such indictment, information, or
7 arrest, the department shall provide to the licensee a
8 conditional nonapproval number.
9 2. Within 24 working hours, the department shall
10 determine the disposition of the indictment, information, or
11 arrest and inform the licensee as to whether the potential
12 buyer is prohibited from receiving or possessing a firearm.
13 For purposes of this paragraph, "working hours" means the
14 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
15 legal holidays.
16 3. The office of the clerk of court, at no charge to
17 the department, shall respond to any department request for
18 data on the disposition of the indictment, information, or
19 arrest as soon as possible, but in no event later than 8
20 working hours.
21 4. The department shall determine as quickly as
22 possible within the allotted time period whether the potential
23 buyer is prohibited from receiving or possessing a firearm.
24 5. If the potential buyer is not so prohibited, or if
25 the department cannot determine the disposition information
26 within the allotted time period, the department shall provide
27 the licensee with a conditional approval number.
28 6. If the buyer is so prohibited, the conditional
29 nonapproval number shall become a nonapproval number.
30 7. The department shall continue its attempts to
31 obtain the disposition information and may retain a record of
26
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 all approval numbers granted without sufficient disposition
2 information. If the department later obtains disposition
3 information which indicates:
4 a. That the potential buyer is not prohibited from
5 owning a firearm, it shall treat the record of the transaction
6 in accordance with this section; or
7 b. That the potential buyer is prohibited from owning
8 a firearm, it shall immediately revoke the conditional
9 approval number and notify local law enforcement.
10 8. During the time that disposition of the indictment,
11 information, or arrest is pending and until the department is
12 notified by the potential buyer that there has been a final
13 disposition of the indictment, information, or arrest, the
14 conditional nonapproval number shall remain in effect.
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
21
22 (f) LEVEL 6
23 316.027(1)(b) 2nd Accident involving death, failure
24 to stop; leaving scene.
25 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
26 conviction.
27 775.0875(1) 3rd Taking firearm from law
28 enforcement officer.
29 775.21(10) 3rd Sexual predators; failure to
30 register; failure to renew
31 driver's license or
27
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 identification card.
2 784.021(1)(a) 3rd Aggravated assault; deadly weapon
3 without intent to kill.
4 784.021(1)(b) 3rd Aggravated assault; intent to
5 commit felony.
6 784.041 3rd Felony battery.
7 784.048(3) 3rd Aggravated stalking; credible
8 threat.
9 784.048(5) 3rd Aggravated stalking of person
10 under 16.
11 784.07(2)(c) 2nd Aggravated assault on law
12 enforcement officer.
13 784.08(2)(b) 2nd Aggravated assault on a person 65
14 years of age or older.
15 784.081(2) 2nd Aggravated assault on specified
16 official or employee.
17 784.082(2) 2nd Aggravated assault by detained
18 person on visitor or other
19 detainee.
20 784.083(2) 2nd Aggravated assault on code
21 inspector.
22 787.02(2) 3rd False imprisonment; restraining
23 with purpose other than those in
24 s. 787.01.
25 790.115(2)(d) 2nd Discharging firearm or weapon on
26 school property.
27 790.161(2) 2nd Make, possess, or throw
28 destructive device with intent to
29 do bodily harm or damage
30 property.
31
28
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 790.164(1) 2nd False report of deadly explosive
2 or act of arson or violence to
3 state property.
4 790.19 2nd Shooting or throwing deadly
5 missiles into dwellings, vessels,
6 or vehicles.
7 794.011(8)(a) 3rd Solicitation of minor to
8 participate in sexual activity by
9 custodial adult.
10 794.05(1) 2nd Unlawful sexual activity with
11 specified minor.
12 800.04(5)(d) 3rd Lewd or lascivious molestation;
13 victim 12 years of age or older
14 but less than 16 years; offender
15 less than 18 years.
16 800.04(6)(b) 2nd Lewd or lascivious conduct;
17 offender 18 years of age or
18 older.
19 806.031(2) 2nd Arson resulting in great bodily
20 harm to firefighter or any other
21 person.
22 810.02(3)(c) 2nd Burglary of occupied structure;
23 unarmed; no assault or battery.
24 812.014(2)(b) 2nd Property stolen $20,000 or more,
25 but less than $100,000, grand
26 theft in 2nd degree.
27 812.13(2)(c) 2nd Robbery, no firearm or other
28 weapon (strong-arm robbery).
29 817.034(4)(a)1. 1st Communications fraud, value
30 greater than $50,000.
31
29
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 817.4821(5) 2nd Possess cloning paraphernalia
2 with intent to create cloned
3 cellular telephones.
4 825.102(1) 3rd Abuse of an elderly person or
5 disabled adult.
6 825.102(3)(c) 3rd Neglect of an elderly person or
7 disabled adult.
8 825.1025(3) 3rd Lewd or lascivious molestation of
9 an elderly person or disabled
10 adult.
11 825.103(2)(c) 3rd Exploiting an elderly person or
12 disabled adult and property is
13 valued at less than $20,000.
14 827.03(1) 3rd Abuse of a child.
15 827.03(3)(c) 3rd Neglect of a child.
16 827.071(2)&(3) 2nd Use or induce a child in a sexual
17 performance, or promote or direct
18 such performance.
19 836.05 2nd Threats; extortion.
20 836.10 2nd Written threats to kill or do
21 bodily injury.
22 843.12 3rd Aids or assists person to escape.
23 847.0135(3) 3rd Solicitation of a child, via a
24 computer service, to commit an
25 unlawful sex act.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29 943.0435(9) 3rd Sex offenders; failure to comply
30 with reporting requirements.
31
30
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
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.
29 456.065(2) 2nd Practicing a health care
30 profession without a license
31 which results in serious bodily
31
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 injury.
2 458.327(1) 3rd Practicing medicine without a
3 license.
4 459.013(1) 3rd Practicing osteopathic medicine
5 without a license.
6 460.411(1) 3rd Practicing chiropractic medicine
7 without a license.
8 461.012(1) 3rd Practicing podiatric medicine
9 without a license.
10 462.17 3rd Practicing naturopathy without a
11 license.
12 463.015(1) 3rd Practicing optometry without a
13 license.
14 464.016(1) 3rd Practicing nursing without a
15 license.
16 465.015(2) 3rd Practicing pharmacy without a
17 license.
18 466.026(1) 3rd Practicing dentistry or dental
19 hygiene without a license.
20 467.201 3rd Practicing midwifery without a
21 license.
22 468.366 3rd Delivering respiratory care
23 services without a license.
24 483.828(1) 3rd Practicing as clinical laboratory
25 personnel without a license.
26 483.901(9) 3rd Practicing medical physics
27 without a license.
28 484.053 3rd Dispensing hearing aids without a
29 license.
30 494.0018(2) 1st Conviction of any violation of
31 ss. 494.001-494.0077 in which the
32
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 total money and property
2 unlawfully obtained exceeded
3 $50,000 and there were five or
4 more victims.
5 560.123(8)(b)1. 3rd Failure to report currency or
6 payment instruments exceeding
7 $300 but less than $20,000 by
8 money transmitter.
9 560.125(5)(a) 3rd Money transmitter business by
10 unauthorized person, currency or
11 payment instruments exceeding
12 $300 but less than $20,000.
13 655.50(10)(b)1. 3rd Failure to report financial
14 transactions exceeding $300 but
15 less than $20,000 by financial
16 institution.
17 782.051(3) 2nd Attempted felony murder of a
18 person by a person other than the
19 perpetrator or the perpetrator of
20 an attempted felony.
21 782.07(1) 2nd Killing of a human being by the
22 act, procurement, or culpable
23 negligence of another
24 (manslaughter).
25 782.071 2nd Killing of human being or viable
26 fetus by the operation of a motor
27 vehicle in a reckless manner
28 (vehicular homicide).
29 782.072 2nd Killing of a human being by the
30 operation of a vessel in a
31 reckless manner (vessel
33
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 homicide).
2 784.045(1)(a)1. 2nd Aggravated battery; intentionally
3 causing great bodily harm or
4 disfigurement.
5 784.045(1)(a)2. 2nd Aggravated battery; using deadly
6 weapon.
7 784.045(1)(b) 2nd Aggravated battery; perpetrator
8 aware victim pregnant.
9 784.048(4) 3rd Aggravated stalking; violation of
10 injunction or court order.
11 784.07(2)(d) 1st Aggravated battery on law
12 enforcement officer.
13 784.08(2)(a) 1st Aggravated battery on a person 65
14 years of age or older.
15 784.081(1) 1st Aggravated battery on specified
16 official or employee.
17 784.082(1) 1st Aggravated battery by detained
18 person on visitor or other
19 detainee.
20 784.083(1) 1st Aggravated battery on code
21 inspector.
22 790.07(4) 1st Specified weapons violation
23 subsequent to previous conviction
24 of s. 790.07(1) or (2).
25 790.16(1) 1st Discharge of a machine gun under
26 specified circumstances.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
30 796.03 2nd Procuring any person under 16
31 years for prostitution.
34
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a) 1st Property stolen, valued at
17 $100,000 or more; property stolen
18 while causing other property
19 damage; 1st degree grand theft.
20 812.019(2) 1st Stolen property; initiates,
21 organizes, plans, etc., the theft
22 of property and traffics in
23 stolen property.
24 812.131(2)(a) 2nd Robbery by sudden snatching.
25 812.133(2)(b) 1st Carjacking; no firearm, deadly
26 weapon, or other weapon.
27 825.102(3)(b) 2nd Neglecting an elderly person or
28 disabled adult causing great
29 bodily harm, disability, or
30 disfigurement.
31
35
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 825.1025(2) 2nd Lewd or lascivious battery upon
2 an elderly person or disabled
3 adult.
4 825.103(2)(b) 2nd Exploiting an elderly person or
5 disabled adult and property is
6 valued at $20,000 or more, but
7 less than $100,000.
8 827.03(3)(b) 2nd Neglect of a child causing great
9 bodily harm, disability, or
10 disfigurement.
11 827.04(3) 3rd Impregnation of a child under 16
12 years of age by person 21 years
13 of age or older.
14 837.05(2) 3rd Giving false information about
15 alleged capital felony to a law
16 enforcement officer.
17 872.06 2nd Abuse of a dead human body.
18 893.13(1)(c)1. 1st Sell, manufacture, or deliver
19 cocaine (or other drug prohibited
20 under s. 893.03(1)(a), (1)(b),
21 (1)(d), (2)(a), (2)(b), or
22 (2)(c)4.) within 1,000 feet of a
23 child care facility or school.
24 893.13(1)(e)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
29 property used for religious
30 services or a specified business
31 site.
36
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 50 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29 893.135
30 (1)(h)1.a. 1st Trafficking in
31 gamma-hydroxybutyric acid (GHB),
37
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1 kilogram or more, less than 5
2 kilograms.
3 893.135
4 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
5 kilogram or more, less then 5
6 kilograms.
7 893.135
8 (1)(j)2.a. 1st Trafficking in Phenethylamines,
9 10 grams or more, less than 200
10 grams.
11 896.101(5)(a) 3rd Money laundering, financial
12 transactions exceeding $300 but
13 less than $20,000.
14 896.104(4)(a)1. 3rd Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions exceeding $300 but
18 less than $20,000.
19
20 960.001 Guidelines for fair treatment of victims and
21 witnesses in the criminal justice and juvenile justice
22 systems.--
23 (1) The Department of Legal Affairs, the state
24 attorneys, the Department of Corrections, the Department of
25 Juvenile Justice, the Parole Commission, the State Courts
26 Administrator and circuit court administrators, the Department
27 of Law Enforcement, and every sheriff's department, police
28 department, or other law enforcement agency as defined in s.
29 943.10(4) shall develop and implement guidelines for the use
30 of their respective agencies, which guidelines are consistent
31 with the purposes of this act and s. 16(b), Art. I of the
38
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 State Constitution and are designed to implement the
2 provisions of s. 16(b), Art. I of the State Constitution and
3 to achieve the following objectives:
4 (b) Information for purposes of notifying victim or
5 appropriate next of kin of victim or other designated contact
6 of victim.--In the case of a homicide, pursuant to chapter
7 782; or a sexual offense, pursuant to chapter 794; or an
8 attempted murder or sexual offense, pursuant to chapter 777;
9 or stalking, pursuant to s. 784.048; or domestic violence,
10 pursuant to s. 25.385:
11 1. The arresting law enforcement officer or personnel
12 of an organization that provides assistance to a victim or to
13 the appropriate next of kin of the victim or other designated
14 contact must request that the victim or appropriate next of
15 kin of the victim or other designated contact complete a
16 victim notification card. However, the victim or appropriate
17 next of kin of the victim or other designated contact may
18 choose not to complete the victim notification card.
19 2. Unless the victim or the appropriate next of kin of
20 the victim or other designated contact waives the option to
21 complete the victim notification card, a copy of the victim
22 notification card must be filed with the incident report or
23 warrant in the sheriff's office of the jurisdiction in which
24 the incident report or warrant originated. The notification
25 card shall, at a minimum, consist of:
26 a. The name, address, and phone number of the victim;
27 or
28 b. The name, address, and phone number of the
29 appropriate next of kin of the victim; or
30 c. The name, address, and phone number of a designated
31 contact other than the victim or appropriate next of kin of
39
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the victim; and
2 d. Any relevant identification or case numbers
3 assigned to the case.
4 3. The chief administrator, or a person designated by
5 the chief administrator, of a county jail, municipal jail,
6 juvenile detention facility, or residential commitment
7 facility shall make a reasonable attempt to notify the alleged
8 victim or appropriate next of kin of the alleged victim or
9 other designated contact within 4 hours following the release
10 of the defendant on bail or, in the case of a juvenile
11 offender, upon the release from residential detention or
12 commitment. If the chief administrator, or designee, is
13 unable to contact the alleged victim or appropriate next of
14 kin of the alleged victim or other designated contact by
15 telephone, the chief administrator, or designee, must send to
16 the alleged victim or appropriate next of kin of the alleged
17 victim or other designated contact a written notification of
18 the defendant's release.
19 4. Unless otherwise requested by the victim or the
20 appropriate next of kin of the victim or other designated
21 contact, the information contained on the victim notification
22 card must be sent by the chief administrator, or designee, of
23 the appropriate facility to the subsequent correctional or
24 residential commitment facility following the sentencing and
25 incarceration of the defendant, and unless otherwise requested
26 by the victim or the appropriate next of kin of the victim or
27 other designated contact, he or she must be notified of the
28 release of the defendant from incarceration as provided by
29 law.
30 5. If the defendant was arrested pursuant to a warrant
31 issued or taken into custody pursuant to s. 985.207 in a
40
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HOUSE AMENDMENT
Bill No. CS/HB 203, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 jurisdiction other than the jurisdiction in which the
2 defendant is being released, and the alleged victim or
3 appropriate next of kin of the alleged victim or other
4 designated contact does not waive the option for notification
5 of release, the chief correctional officer or chief
6 administrator of the facility releasing the defendant shall
7 make a reasonable attempt to immediately notify the chief
8 correctional officer of the jurisdiction in which the warrant
9 was issued or the juvenile was taken into custody pursuant to
10 s. 985.207, and the chief correctional officer of that
11 jurisdiction shall make a reasonable attempt to notify the
12 alleged victim or appropriate next of kin of the alleged
13 victim or other designated contact, as provided in this
14 paragraph, that the defendant has been or will be released.
15 Section 16. This act shall take effect October 1,
16 2001.
17 HOUSE SUMMARY
18
19
20 Revises provisions relating to the offense of stalking.
21 Defines the term "cyberstalk" to mean communication by means
22 of electronic mail or electronic communication which causes
23 substantial emotional distress and does not serve a legitimate
24 purpose. Includes within the offenses of stalking and
25 aggravated stalking the willful, malicious, and repeated
26 cyberstalking of another person. Provides penalties. Revises
27 the elements of the offense of aggravated stalking to include
28 placing a person in fear of death or bodily injury of the
29 person or the person's child, sibling, spouse, or dependent.
30
31
41
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