Senate Bill sb0116c1
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Florida Senate - 2002 CS for SB 116
By the Committee on Criminal Justice; and Senator Geller
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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 parent, or dependent; reenacting ss.
16 775.084(1)(d), 790.065(2)(c), 921.0022(3)(f)
17 and (g), and 960.001(1)(b), F.S., to
18 incorporate the amendment to s. 784.048, F.S.,
19 in references thereto; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 784.048, Florida Statutes, is
25 amended to read:
26 784.048 Stalking; definitions; penalties.--
27 (1) As used in this section, the term:
28 (a) "Harass" means to engage in a course of conduct
29 directed at a specific person that causes substantial
30 emotional distress in such person and serves no legitimate
31 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 which 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, parent, 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 amendments made by this act to section 784.048, Florida
18 Statutes, in references thereto, paragraph (d) of subsection
19 (1) of section 775.084, Florida Statutes, is reenacted to
20 read:
21 775.084 Violent career criminals; habitual felony
22 offenders and habitual violent felony offenders; three-time
23 violent felony offenders; definitions; procedure; enhanced
24 penalties or mandatory minimum prison terms.--
25 (1) As used in this act:
26 (d) "Violent career criminal" means a defendant for
27 whom the court must impose imprisonment pursuant to paragraph
28 (4)(d), if it finds that:
29 1. The defendant has previously been convicted as an
30 adult three or more times for an offense in this state or
31 other qualified offense that is:
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1 a. Any forcible felony, as described in s. 776.08;
2 b. Aggravated stalking, as described in s. 784.048(3)
3 and (4);
4 c. Aggravated child abuse, as described in s.
5 827.03(2);
6 d. Aggravated abuse of an elderly person or disabled
7 adult, as described in s. 825.102(2);
8 e. Lewd or lascivious battery, lewd or lascivious
9 molestation, lewd or lascivious conduct, or lewd or lascivious
10 exhibition, as described in s. 800.04;
11 f. Escape, as described in s. 944.40; or
12 g. A felony violation of chapter 790 involving the use
13 or possession of a firearm.
14 2. The defendant has been incarcerated in a state
15 prison or a federal prison.
16 3. The primary felony offense for which the defendant
17 is to be sentenced is a felony enumerated in subparagraph 1.
18 and was committed on or after October 1, 1995, and:
19 a. While the defendant was serving a prison sentence
20 or other sentence, or court-ordered or lawfully imposed
21 supervision that is imposed as a result of a prior conviction
22 for an enumerated felony; or
23 b. Within 5 years after the conviction of the last
24 prior enumerated felony, or within 5 years after the
25 defendant's release from a prison sentence, probation,
26 community control, control release, conditional release,
27 parole, or court-ordered or lawfully imposed supervision or
28 other sentence that is imposed as a result of a prior
29 conviction for an enumerated felony, whichever is later.
30
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1 4. The defendant has not received a pardon for any
2 felony or other qualified offense that is necessary for the
3 operation of this paragraph.
4 5. A conviction of a felony or other qualified offense
5 necessary to the operation of this paragraph has not been set
6 aside in any postconviction proceeding.
7 Section 3. For the purpose of incorporating the
8 amendments made by this act to section 784.048, Florida
9 Statutes, in references thereto, paragraph (c) of subsection
10 (2) of section 790.065, Florida Statutes, is reenacted to
11 read:
12 790.065 Sale and delivery of firearms.--
13 (2) Upon receipt of a request for a criminal history
14 record check, the Department of Law Enforcement shall, during
15 the licensee's call or by return call, forthwith:
16 (c)1. Review any records available to it to determine
17 whether the potential buyer or transferee has been indicted or
18 has had an information filed against her or him for an offense
19 that is a felony under either state or federal law, or, as
20 mandated by federal law, has had an injunction for protection
21 against domestic violence entered against the potential buyer
22 or transferee under s. 741.30, has had an injunction for
23 protection against repeat violence entered against the
24 potential buyer or transferee under s. 784.046, or has been
25 arrested for a dangerous crime as specified in s.
26 907.041(4)(a) or for any of the following enumerated offenses:
27 a. Criminal anarchy under ss. 876.01 and 876.02.
28 b. Extortion under s. 836.05.
29 c. Explosives violations under s. 552.22(1) and (2).
30 d. Controlled substances violations under chapter 893.
31 e. Resisting an officer with violence under s. 843.01.
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1 f. Weapons and firearms violations under this chapter.
2 g. Treason under s. 876.32.
3 h. Assisting self-murder under s. 782.08.
4 i. Sabotage under s. 876.38.
5 j. Stalking or aggravated stalking under s. 784.048.
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7 If the review indicates any such indictment, information, or
8 arrest, the department shall provide to the licensee a
9 conditional nonapproval number.
10 2. Within 24 working hours, the department shall
11 determine the disposition of the indictment, information, or
12 arrest and inform the licensee as to whether the potential
13 buyer is prohibited from receiving or possessing a firearm.
14 For purposes of this paragraph, "working hours" means the
15 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
16 legal holidays.
17 3. The office of the clerk of court, at no charge to
18 the department, shall respond to any department request for
19 data on the disposition of the indictment, information, or
20 arrest as soon as possible, but in no event later than 8
21 working hours.
22 4. The department shall determine as quickly as
23 possible within the allotted time period whether the potential
24 buyer is prohibited from receiving or possessing a firearm.
25 5. If the potential buyer is not so prohibited, or if
26 the department cannot determine the disposition information
27 within the allotted time period, the department shall provide
28 the licensee with a conditional approval number.
29 6. If the buyer is so prohibited, the conditional
30 nonapproval number shall become a nonapproval number.
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1 7. The department shall continue its attempts to
2 obtain the disposition information and may retain a record of
3 all approval numbers granted without sufficient disposition
4 information. If the department later obtains disposition
5 information which indicates:
6 a. That the potential buyer is not prohibited from
7 owning a firearm, it shall treat the record of the transaction
8 in accordance with this section; or
9 b. That the potential buyer is prohibited from owning
10 a firearm, it shall immediately revoke the conditional
11 approval number and notify local law enforcement.
12 8. During the time that disposition of the indictment,
13 information, or arrest is pending and until the department is
14 notified by the potential buyer that there has been a final
15 disposition of the indictment, information, or arrest, the
16 conditional nonapproval number shall remain in effect.
17 Section 4. For the purpose of incorporating the
18 amendments made by this act to section 784.048, Florida
19 Statutes, in references thereto, paragraphs (f) and (g) of
20 subsection (3) of section 921.0022, Florida Statutes, are
21 reenacted to read:
22 921.0022 Criminal Punishment Code; offense severity
23 ranking chart.--
24 (3) OFFENSE SEVERITY RANKING CHART
25
26 Florida Felony
27 Statute Degree Description
28
29 (f) LEVEL 6
30 316.027(1)(b) 2nd Accident involving death, failure
31 to stop; leaving scene.
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1 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
2 conviction.
3 775.0875(1) 3rd Taking firearm from law
4 enforcement officer.
5 775.21(10) 3rd Sexual predators; failure to
6 register; failure to renew
7 driver's license or
8 identification card.
9 784.021(1)(a) 3rd Aggravated assault; deadly weapon
10 without intent to kill.
11 784.021(1)(b) 3rd Aggravated assault; intent to
12 commit felony.
13 784.041 3rd Felony battery.
14 784.048(3) 3rd Aggravated stalking; credible
15 threat.
16 784.048(5) 3rd Aggravated stalking of person
17 under 16.
18 784.07(2)(c) 2nd Aggravated assault on law
19 enforcement officer.
20 784.074(1)(b) 2nd Aggravated assault on sexually
21 violent predators facility staff.
22 784.08(2)(b) 2nd Aggravated assault on a person 65
23 years of age or older.
24 784.081(2) 2nd Aggravated assault on specified
25 official or employee.
26 784.082(2) 2nd Aggravated assault by detained
27 person on visitor or other
28 detainee.
29 784.083(2) 2nd Aggravated assault on code
30 inspector.
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1 787.02(2) 3rd False imprisonment; restraining
2 with purpose other than those in
3 s. 787.01.
4 790.115(2)(d) 2nd Discharging firearm or weapon on
5 school property.
6 790.161(2) 2nd Make, possess, or throw
7 destructive device with intent to
8 do bodily harm or damage
9 property.
10 790.164(1) 2nd False report of deadly explosive
11 or act of arson or violence to
12 state property.
13 790.19 2nd Shooting or throwing deadly
14 missiles into dwellings, vessels,
15 or vehicles.
16 794.011(8)(a) 3rd Solicitation of minor to
17 participate in sexual activity by
18 custodial adult.
19 794.05(1) 2nd Unlawful sexual activity with
20 specified minor.
21 800.04(5)(d) 3rd Lewd or lascivious molestation;
22 victim 12 years of age or older
23 but less than 16 years; offender
24 less than 18 years.
25 800.04(6)(b) 2nd Lewd or lascivious conduct;
26 offender 18 years of age or
27 older.
28 806.031(2) 2nd Arson resulting in great bodily
29 harm to firefighter or any other
30 person.
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1 810.02(3)(c) 2nd Burglary of occupied structure;
2 unarmed; no assault or battery.
3 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
4 but less than $100,000, grand
5 theft in 2nd degree.
6 812.014(2)(b)2. 2nd Property stolen cargo valued at
7 less than $50,000, grand theft in
8 2nd degree.
9 812.015(9) 2nd Retail theft; property stolen
10 $300 or more; second or
11 subsequent conviction.
12 812.13(2)(c) 2nd Robbery, no firearm or other
13 weapon (strong-arm robbery).
14 817.034(4)(a)1. 1st Communications fraud, value
15 greater than $50,000.
16 817.4821(5) 2nd Possess cloning paraphernalia
17 with intent to create cloned
18 cellular telephones.
19 825.102(1) 3rd Abuse of an elderly person or
20 disabled adult.
21 825.102(3)(c) 3rd Neglect of an elderly person or
22 disabled adult.
23 825.1025(3) 3rd Lewd or lascivious molestation of
24 an elderly person or disabled
25 adult.
26 825.103(2)(c) 3rd Exploiting an elderly person or
27 disabled adult and property is
28 valued at less than $20,000.
29 827.03(1) 3rd Abuse of a child.
30 827.03(3)(c) 3rd Neglect of a child.
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1 827.071(2)&(3) 2nd Use or induce a child in a sexual
2 performance, or promote or direct
3 such performance.
4 836.05 2nd Threats; extortion.
5 836.10 2nd Written threats to kill or do
6 bodily injury.
7 843.12 3rd Aids or assists person to escape.
8 847.0135(3) 3rd Solicitation of a child, via a
9 computer service, to commit an
10 unlawful sex act.
11 914.23 2nd Retaliation against a witness,
12 victim, or informant, with bodily
13 injury.
14 943.0435(9) 3rd Sex offenders; failure to comply
15 with reporting requirements.
16 944.35(3)(a)2. 3rd Committing malicious battery upon
17 or inflicting cruel or inhuman
18 treatment on an inmate or
19 offender on community
20 supervision, resulting in great
21 bodily harm.
22 944.40 2nd Escapes.
23 944.46 3rd Harboring, concealing, aiding
24 escaped prisoners.
25 944.47(1)(a)5. 2nd Introduction of contraband
26 (firearm, weapon, or explosive)
27 into correctional facility.
28 951.22(1) 3rd Intoxicating drug, firearm, or
29 weapon introduced into county
30 facility.
31 (g) LEVEL 7
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1 316.193(3)(c)2. 3rd DUI resulting in serious bodily
2 injury.
3 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
4 bodily injury.
5 402.319(2) 2nd Misrepresentation and negligence
6 or intentional act resulting in
7 great bodily harm, permanent
8 disfiguration, permanent
9 disability, or death.
10 409.920(2) 3rd Medicaid provider fraud.
11 456.065(2) 3rd Practicing a health care
12 profession without a license.
13 456.065(2) 2nd Practicing a health care
14 profession without a license
15 which results in serious bodily
16 injury.
17 458.327(1) 3rd Practicing medicine without a
18 license.
19 459.013(1) 3rd Practicing osteopathic medicine
20 without a license.
21 460.411(1) 3rd Practicing chiropractic medicine
22 without a license.
23 461.012(1) 3rd Practicing podiatric medicine
24 without a license.
25 462.17 3rd Practicing naturopathy without a
26 license.
27 463.015(1) 3rd Practicing optometry without a
28 license.
29 464.016(1) 3rd Practicing nursing without a
30 license.
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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.
13 484.013(1)(c) 3rd Preparing or dispensing optical
14 devices without a prescription.
15 484.053 3rd Dispensing hearing aids without a
16 license.
17 494.0018(2) 1st Conviction of any violation of
18 ss. 494.001-494.0077 in which the
19 total money and property
20 unlawfully obtained exceeded
21 $50,000 and there were five or
22 more victims.
23 560.123(8)(b)1. 3rd Failure to report currency or
24 payment instruments exceeding
25 $300 but less than $20,000 by
26 money transmitter.
27 560.125(5)(a) 3rd Money transmitter business by
28 unauthorized person, currency or
29 payment instruments exceeding
30 $300 but less than $20,000.
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1 655.50(10)(b)1. 3rd Failure to report financial
2 transactions exceeding $300 but
3 less than $20,000 by financial
4 institution.
5 782.051(3) 2nd Attempted felony murder of a
6 person by a person other than the
7 perpetrator or the perpetrator of
8 an attempted felony.
9 782.07(1) 2nd Killing of a human being by the
10 act, procurement, or culpable
11 negligence of another
12 (manslaughter).
13 782.071 2nd Killing of human being or viable
14 fetus by the operation of a motor
15 vehicle in a reckless manner
16 (vehicular homicide).
17 782.072 2nd Killing of a human being by the
18 operation of a vessel in a
19 reckless manner (vessel
20 homicide).
21 784.045(1)(a)1. 2nd Aggravated battery; intentionally
22 causing great bodily harm or
23 disfigurement.
24 784.045(1)(a)2. 2nd Aggravated battery; using deadly
25 weapon.
26 784.045(1)(b) 2nd Aggravated battery; perpetrator
27 aware victim pregnant.
28 784.048(4) 3rd Aggravated stalking; violation of
29 injunction or court order.
30 784.07(2)(d) 1st Aggravated battery on law
31 enforcement officer.
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1 784.074(1)(a) 1st Aggravated battery on sexually
2 violent predators facility staff.
3 784.08(2)(a) 1st Aggravated battery on a person 65
4 years of age or older.
5 784.081(1) 1st Aggravated battery on specified
6 official or employee.
7 784.082(1) 1st Aggravated battery by detained
8 person on visitor or other
9 detainee.
10 784.083(1) 1st Aggravated battery on code
11 inspector.
12 790.07(4) 1st Specified weapons violation
13 subsequent to previous conviction
14 of s. 790.07(1) or (2).
15 790.16(1) 1st Discharge of a machine gun under
16 specified circumstances.
17 790.166(3) 2nd Possessing, selling, using, or
18 attempting to use a hoax weapon
19 of mass destruction.
20 796.03 2nd Procuring any person under 16
21 years for prostitution.
22 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
23 victim less than 12 years of age;
24 offender less than 18 years.
25 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
26 victim 12 years of age or older
27 but less than 16 years; offender
28 18 years or older.
29 806.01(2) 2nd Maliciously damage structure by
30 fire or explosive.
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1 810.02(3)(a) 2nd Burglary of occupied dwelling;
2 unarmed; no assault or battery.
3 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
4 unarmed; no assault or battery.
5 810.02(3)(d) 2nd Burglary of occupied conveyance;
6 unarmed; no assault or battery.
7 812.014(2)(a) 1st Property stolen, valued at
8 $100,000 or more; cargo stolen
9 valued at $50,000, or more;
10 property stolen while causing
11 other property damage; 1st degree
12 grand theft.
13 812.014(2)(b)2. 2nd Property stolen, emergency
14 medical equipment; 2nd degree
15 grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.131(2)(a) 2nd Robbery by sudden snatching.
21 812.133(2)(b) 1st Carjacking; no firearm, deadly
22 weapon, or other weapon.
23 817.234(11)(c) 1st Insurance fraud; property value
24 $100,000 or more.
25 825.102(3)(b) 2nd Neglecting an elderly person or
26 disabled adult causing great
27 bodily harm, disability, or
28 disfigurement.
29 825.1025(2) 2nd Lewd or lascivious battery upon
30 an elderly person or disabled
31 adult.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(3) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), (2)(b), or
19 (2)(c)4.) within 1,000 feet of a
20 child care facility or school.
21 893.13(1)(e)1. 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4., within 1,000 feet of
26 property used for religious
27 services or a specified business
28 site.
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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 25 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.
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1 893.135
2 (1)(h)1.a. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 1 kilogram or more, less than 5
5 kilograms.
6 893.135
7 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1
8 kilogram or more, less than 5
9 kilograms.
10 893.135
11 (1)(j)2.a. 1st Trafficking in Phenethylamines,
12 10 grams or more, less than 200
13 grams.
14 896.101(5)(a) 3rd Money laundering, financial
15 transactions exceeding $300 but
16 less than $20,000.
17 896.104(4)(a)1. 3rd Structuring transactions to evade
18 reporting or registration
19 requirements, financial
20 transactions exceeding $300 but
21 less than $20,000.
22
23 Section 5. For the purpose of incorporating the
24 amendments made by this act to section 784.048, Florida
25 Statutes, in references thereto, paragraph (b) of subsection
26 (1) of section 960.001, Florida Statutes, is reenacted to
27 read:
28 960.001 Guidelines for fair treatment of victims and
29 witnesses in the criminal justice and juvenile justice
30 systems.--
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1 (1) The Department of Legal Affairs, the state
2 attorneys, the Department of Corrections, the Department of
3 Juvenile Justice, the Parole Commission, the State Courts
4 Administrator and circuit court administrators, the Department
5 of Law Enforcement, and every sheriff's department, police
6 department, or other law enforcement agency as defined in s.
7 943.10(4) shall develop and implement guidelines for the use
8 of their respective agencies, which guidelines are consistent
9 with the purposes of this act and s. 16(b), Art. I of the
10 State Constitution and are designed to implement the
11 provisions of s. 16(b), Art. I of the State Constitution and
12 to achieve the following objectives:
13 (b) Information for purposes of notifying victim or
14 appropriate next of kin of victim or other designated contact
15 of victim.--In the case of a homicide, pursuant to chapter
16 782; or a sexual offense, pursuant to chapter 794; or an
17 attempted murder or sexual offense, pursuant to chapter 777;
18 or stalking, pursuant to s. 784.048; or domestic violence,
19 pursuant to s. 25.385:
20 1. The arresting law enforcement officer or personnel
21 of an organization that provides assistance to a victim or to
22 the appropriate next of kin of the victim or other designated
23 contact must request that the victim or appropriate next of
24 kin of the victim or other designated contact complete a
25 victim notification card. However, the victim or appropriate
26 next of kin of the victim or other designated contact may
27 choose not to complete the victim notification card.
28 2. Unless the victim or the appropriate next of kin of
29 the victim or other designated contact waives the option to
30 complete the victim notification card, a copy of the victim
31 notification card must be filed with the incident report or
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1 warrant in the sheriff's office of the jurisdiction in which
2 the incident report or warrant originated. The notification
3 card shall, at a minimum, consist of:
4 a. The name, address, and phone number of the victim;
5 or
6 b. The name, address, and phone number of the
7 appropriate next of kin of the victim; or
8 c. The name, address, and phone number of a designated
9 contact other than the victim or appropriate next of kin of
10 the victim; and
11 d. Any relevant identification or case numbers
12 assigned to the case.
13 3. The chief administrator, or a person designated by
14 the chief administrator, of a county jail, municipal jail,
15 juvenile detention facility, or residential commitment
16 facility shall make a reasonable attempt to notify the alleged
17 victim or appropriate next of kin of the alleged victim or
18 other designated contact within 4 hours following the release
19 of the defendant on bail or, in the case of a juvenile
20 offender, upon the release from residential detention or
21 commitment. If the chief administrator, or designee, is
22 unable to contact the alleged victim or appropriate next of
23 kin of the alleged victim or other designated contact by
24 telephone, the chief administrator, or designee, must send to
25 the alleged victim or appropriate next of kin of the alleged
26 victim or other designated contact a written notification of
27 the defendant's release.
28 4. Unless otherwise requested by the victim or the
29 appropriate next of kin of the victim or other designated
30 contact, the information contained on the victim notification
31 card must be sent by the chief administrator, or designee, of
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1 the appropriate facility to the subsequent correctional or
2 residential commitment facility following the sentencing and
3 incarceration of the defendant, and unless otherwise requested
4 by the victim or the appropriate next of kin of the victim or
5 other designated contact, he or she must be notified of the
6 release of the defendant from incarceration as provided by
7 law.
8 5. If the defendant was arrested pursuant to a warrant
9 issued or taken into custody pursuant to s. 985.207 in a
10 jurisdiction other than the jurisdiction in which the
11 defendant is being released, and the alleged victim or
12 appropriate next of kin of the alleged victim or other
13 designated contact does not waive the option for notification
14 of release, the chief correctional officer or chief
15 administrator of the facility releasing the defendant shall
16 make a reasonable attempt to immediately notify the chief
17 correctional officer of the jurisdiction in which the warrant
18 was issued or the juvenile was taken into custody pursuant to
19 s. 985.207, and the chief correctional officer of that
20 jurisdiction shall make a reasonable attempt to notify the
21 alleged victim or appropriate next of kin of the alleged
22 victim or other designated contact, as provided in this
23 paragraph, that the defendant has been or will be released.
24 Section 6. This act shall take effect October 1, 2002.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 116
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4 - Defines aggravated stalking to include credible threats
made by a stalker with the intent to place a person in
5 reasonable fear of his or her own death or bodily
injury, or the death or bodily injury of the person's
6 child, sibling, spouse, or dependent.
7 - Adds "parent" to the list so that a threat against a
victim's parent can be the basis to charge a stalker
8 with aggravated stalking.
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