Senate Bill sb0082
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Florida Senate - 2003 SB 82
By Senator Geller
31-70-03
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 causing substantial emotional distress to that person and
17 serving 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 or dating violence pursuant to s.
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1 784.046, or an injunction for protection against domestic
2 violence pursuant to s. 741.30, or after any other
3 court-imposed prohibition of conduct toward the subject person
4 or that person's property, knowingly, willfully, maliciously,
5 and repeatedly follows, or harasses, or cyberstalks another
6 person commits the offense of aggravated stalking, a felony of
7 the third degree, punishable as provided in s. 775.082, s.
8 775.083, or s. 775.084.
9 (5) Any person who willfully, maliciously, and
10 repeatedly follows, or harasses, or cyberstalks a minor under
11 16 years of age commits the offense of aggravated stalking, a
12 felony of the third degree, punishable as provided in s.
13 775.082, s. 775.083, or s. 775.084.
14 (6) Any law enforcement officer may arrest, without a
15 warrant, any person he or she has probable cause to believe
16 has violated the provisions of this section.
17 Section 2. For the purpose of incorporating the
18 amendments made by this act to section 784.048, Florida
19 Statutes, in references thereto, paragraph (d) of subsection
20 (1) of section 775.084, Florida Statutes, is reenacted to
21 read:
22 775.084 Violent career criminals; habitual felony
23 offenders and habitual violent felony offenders; three-time
24 violent felony offenders; definitions; procedure; enhanced
25 penalties or mandatory minimum prison terms.--
26 (1) As used in this act:
27 (d) "Violent career criminal" means a defendant for
28 whom the court must impose imprisonment pursuant to paragraph
29 (4)(d), if it finds that:
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1 1. The defendant has previously been convicted as an
2 adult three or more times for an offense in this state or
3 other qualified offense that is:
4 a. Any forcible felony, as described in s. 776.08;
5 b. Aggravated stalking, as described in s. 784.048(3)
6 and (4);
7 c. Aggravated child abuse, as described in s.
8 827.03(2);
9 d. Aggravated abuse of an elderly person or disabled
10 adult, as described in s. 825.102(2);
11 e. Lewd or lascivious battery, lewd or lascivious
12 molestation, lewd or lascivious conduct, or lewd or lascivious
13 exhibition, as described in s. 800.04;
14 f. Escape, as described in s. 944.40; or
15 g. A felony violation of chapter 790 involving the use
16 or possession of a firearm.
17 2. The defendant has been incarcerated in a state
18 prison or a federal prison.
19 3. The primary felony offense for which the defendant
20 is to be sentenced is a felony enumerated in subparagraph 1.
21 and was committed on or after October 1, 1995, and:
22 a. While the defendant was serving a prison sentence
23 or other sentence, or court-ordered or lawfully imposed
24 supervision that is imposed as a result of a prior conviction
25 for an enumerated felony; or
26 b. Within 5 years after the conviction of the last
27 prior enumerated felony, or within 5 years after the
28 defendant's release from a prison sentence, probation,
29 community control, control release, conditional release,
30 parole, or court-ordered or lawfully imposed supervision or
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1 other sentence that is imposed as a result of a prior
2 conviction for an enumerated felony, whichever is later.
3 4. The defendant has not received a pardon for any
4 felony or other qualified offense that is necessary for the
5 operation of this paragraph.
6 5. A conviction of a felony or other qualified offense
7 necessary to the operation of this paragraph has not been set
8 aside in any postconviction proceeding.
9 Section 3. For the purpose of incorporating the
10 amendments made by this act to section 784.048, Florida
11 Statutes, in references thereto, paragraph (c) of subsection
12 (2) of section 790.065, Florida Statutes, is reenacted to
13 read:
14 790.065 Sale and delivery of firearms.--
15 (2) Upon receipt of a request for a criminal history
16 record check, the Department of Law Enforcement shall, during
17 the licensee's call or by return call, forthwith:
18 (c)1. Review any records available to it to determine
19 whether the potential buyer or transferee has been indicted or
20 has had an information filed against her or him for an offense
21 that is a felony under either state or federal law, or, as
22 mandated by federal law, has had an injunction for protection
23 against domestic violence entered against the potential buyer
24 or transferee under s. 741.30, has had an injunction for
25 protection against repeat violence entered against the
26 potential buyer or transferee under s. 784.046, or has been
27 arrested for a dangerous crime as specified in s.
28 907.041(4)(a) or for any of the following enumerated offenses:
29 a. Criminal anarchy under ss. 876.01 and 876.02.
30 b. Extortion under s. 836.05.
31 c. Explosives violations under s. 552.22(1) and (2).
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1 d. Controlled substances violations under chapter 893.
2 e. Resisting an officer with violence under s. 843.01.
3 f. Weapons and firearms violations under this chapter.
4 g. Treason under s. 876.32.
5 h. Assisting self-murder under s. 782.08.
6 i. Sabotage under s. 876.38.
7 j. Stalking or aggravated stalking under s. 784.048.
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9 If the review indicates any such indictment, information, or
10 arrest, the department shall provide to the licensee a
11 conditional nonapproval number.
12 2. Within 24 working hours, the department shall
13 determine the disposition of the indictment, information, or
14 arrest and inform the licensee as to whether the potential
15 buyer is prohibited from receiving or possessing a firearm.
16 For purposes of this paragraph, "working hours" means the
17 hours from 8 a.m. to 5 p.m. Monday through Friday, excluding
18 legal holidays.
19 3. The office of the clerk of court, at no charge to
20 the department, shall respond to any department request for
21 data on the disposition of the indictment, information, or
22 arrest as soon as possible, but in no event later than 8
23 working hours.
24 4. The department shall determine as quickly as
25 possible within the allotted time period whether the potential
26 buyer is prohibited from receiving or possessing a firearm.
27 5. If the potential buyer is not so prohibited, or if
28 the department cannot determine the disposition information
29 within the allotted time period, the department shall provide
30 the licensee with a conditional approval number.
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1 6. If the buyer is so prohibited, the conditional
2 nonapproval number shall become a nonapproval number.
3 7. The department shall continue its attempts to
4 obtain the disposition information and may retain a record of
5 all approval numbers granted without sufficient disposition
6 information. If the department later obtains disposition
7 information which indicates:
8 a. That the potential buyer is not prohibited from
9 owning a firearm, it shall treat the record of the transaction
10 in accordance with this section; or
11 b. That the potential buyer is prohibited from owning
12 a firearm, it shall immediately revoke the conditional
13 approval number and notify local law enforcement.
14 8. During the time that disposition of the indictment,
15 information, or arrest is pending and until the department is
16 notified by the potential buyer that there has been a final
17 disposition of the indictment, information, or arrest, the
18 conditional nonapproval number shall remain in effect.
19 Section 4. For the purpose of incorporating the
20 amendments made by this act to section 784.048, Florida
21 Statutes, in references thereto, paragraphs (f) and (g) of
22 subsection (3) of section 921.0022, Florida Statutes, are
23 reenacted to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
27
28 Florida Felony
29 Statute Degree Description
30
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1 (f) LEVEL 6
2 316.027(1)(b) 2nd Accident involving death, failure
3 to stop; leaving scene.
4 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
5 conviction.
6 775.0875(1) 3rd Taking firearm from law
7 enforcement officer.
8 775.21(10) 3rd Sexual predators; failure to
9 register; failure to renew
10 driver's license or
11 identification card.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.041 3rd Felony battery.
17 784.048(3) 3rd Aggravated stalking; credible
18 threat.
19 784.048(5) 3rd Aggravated stalking of person
20 under 16.
21 784.07(2)(c) 2nd Aggravated assault on law
22 enforcement officer.
23 784.074(1)(b) 2nd Aggravated assault on sexually
24 violent predators facility staff.
25 784.08(2)(b) 2nd Aggravated assault on a person 65
26 years of age or older.
27 784.081(2) 2nd Aggravated assault on specified
28 official or employee.
29 784.082(2) 2nd Aggravated assault by detained
30 person on visitor or other
31 detainee.
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1 784.083(2) 2nd Aggravated assault on code
2 inspector.
3 787.02(2) 3rd False imprisonment; restraining
4 with purpose other than those in
5 s. 787.01.
6 790.115(2)(d) 2nd Discharging firearm or weapon on
7 school property.
8 790.161(2) 2nd Make, possess, or throw
9 destructive device with intent to
10 do bodily harm or damage
11 property.
12 790.164(1) 2nd False report of deadly explosive,
13 weapon of mass destruction, or
14 act of arson or violence to state
15 property.
16 790.19 2nd Shooting or throwing deadly
17 missiles into dwellings, vessels,
18 or vehicles.
19 794.011(8)(a) 3rd Solicitation of minor to
20 participate in sexual activity by
21 custodial adult.
22 794.05(1) 2nd Unlawful sexual activity with
23 specified minor.
24 800.04(5)(d) 3rd Lewd or lascivious molestation;
25 victim 12 years of age or older
26 but less than 16 years; offender
27 less than 18 years.
28 800.04(6)(b) 2nd Lewd or lascivious conduct;
29 offender 18 years of age or
30 older.
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1 806.031(2) 2nd Arson resulting in great bodily
2 harm to firefighter or any other
3 person.
4 810.02(3)(c) 2nd Burglary of occupied structure;
5 unarmed; no assault or battery.
6 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
7 but less than $100,000, grand
8 theft in 2nd degree.
9 812.014(2)(b)2. 2nd Property stolen; cargo valued at
10 less than $50,000, grand theft in
11 2nd degree.
12 812.015(9) 2nd Retail theft; property stolen
13 $300 or more; second or
14 subsequent conviction.
15 812.13(2)(c) 2nd Robbery, no firearm or other
16 weapon (strong-arm robbery).
17 817.034(4)(a)1. 1st Communications fraud, value
18 greater than $50,000.
19 817.4821(5) 2nd Possess cloning paraphernalia
20 with intent to create cloned
21 cellular telephones.
22 825.102(1) 3rd Abuse of an elderly person or
23 disabled adult.
24 825.102(3)(c) 3rd Neglect of an elderly person or
25 disabled adult.
26 825.1025(3) 3rd Lewd or lascivious molestation of
27 an elderly person or disabled
28 adult.
29 825.103(2)(c) 3rd Exploiting an elderly person or
30 disabled adult and property is
31 valued at less than $20,000.
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1 827.03(1) 3rd Abuse of a child.
2 827.03(3)(c) 3rd Neglect of a child.
3 827.071(2)&(3) 2nd Use or induce a child in a sexual
4 performance, or promote or direct
5 such performance.
6 836.05 2nd Threats; extortion.
7 836.10 2nd Written threats to kill or do
8 bodily injury.
9 843.12 3rd Aids or assists person to escape.
10 847.0135(3) 3rd Solicitation of a child, via a
11 computer service, to commit an
12 unlawful sex act.
13 914.23 2nd Retaliation against a witness,
14 victim, or informant, with bodily
15 injury.
16 943.0435(9) 3rd Sex offenders; failure to comply
17 with reporting requirements.
18 944.35(3)(a)2. 3rd Committing malicious battery upon
19 or inflicting cruel or inhuman
20 treatment on an inmate or
21 offender on community
22 supervision, resulting in great
23 bodily harm.
24 944.40 2nd Escapes.
25 944.46 3rd Harboring, concealing, aiding
26 escaped prisoners.
27 944.47(1)(a)5. 2nd Introduction of contraband
28 (firearm, weapon, or explosive)
29 into correctional facility.
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1 951.22(1) 3rd Intoxicating drug, firearm, or
2 weapon introduced into county
3 facility.
4 (g) LEVEL 7
5 316.193(3)(c)2. 3rd DUI resulting in serious bodily
6 injury.
7 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
8 bodily injury.
9 402.319(2) 2nd Misrepresentation and negligence
10 or intentional act resulting in
11 great bodily harm, permanent
12 disfiguration, permanent
13 disability, or death.
14 409.920(2) 3rd Medicaid provider fraud.
15 456.065(2) 3rd Practicing a health care
16 profession without a license.
17 456.065(2) 2nd Practicing a health care
18 profession without a license
19 which results in serious bodily
20 injury.
21 458.327(1) 3rd Practicing medicine without a
22 license.
23 459.013(1) 3rd Practicing osteopathic medicine
24 without a license.
25 460.411(1) 3rd Practicing chiropractic medicine
26 without a license.
27 461.012(1) 3rd Practicing podiatric medicine
28 without a license.
29 462.17 3rd Practicing naturopathy without a
30 license.
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1 463.015(1) 3rd Practicing optometry without a
2 license.
3 464.016(1) 3rd Practicing nursing without a
4 license.
5 465.015(2) 3rd Practicing pharmacy without a
6 license.
7 466.026(1) 3rd Practicing dentistry or dental
8 hygiene without a license.
9 467.201 3rd Practicing midwifery without a
10 license.
11 468.366 3rd Delivering respiratory care
12 services without a license.
13 483.828(1) 3rd Practicing as clinical laboratory
14 personnel without a license.
15 483.901(9) 3rd Practicing medical physics
16 without a license.
17 484.013(1)(c) 3rd Preparing or dispensing optical
18 devices without a prescription.
19 484.053 3rd Dispensing hearing aids without a
20 license.
21 494.0018(2) 1st Conviction of any violation of
22 ss. 494.001-494.0077 in which the
23 total money and property
24 unlawfully obtained exceeded
25 $50,000 and there were five or
26 more victims.
27 560.123(8)(b)1. 3rd Failure to report currency or
28 payment instruments exceeding
29 $300 but less than $20,000 by
30 money transmitter.
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1 560.125(5)(a) 3rd Money transmitter business by
2 unauthorized person, currency or
3 payment instruments exceeding
4 $300 but less than $20,000.
5 655.50(10)(b)1. 3rd Failure to report financial
6 transactions exceeding $300 but
7 less than $20,000 by financial
8 institution.
9 782.051(3) 2nd Attempted felony murder of a
10 person by a person other than the
11 perpetrator or the perpetrator of
12 an attempted felony.
13 782.07(1) 2nd Killing of a human being by the
14 act, procurement, or culpable
15 negligence of another
16 (manslaughter).
17 782.071 2nd Killing of human being or viable
18 fetus by the operation of a motor
19 vehicle in a reckless manner
20 (vehicular homicide).
21 782.072 2nd Killing of a human being by the
22 operation of a vessel in a
23 reckless manner (vessel
24 homicide).
25 784.045(1)(a)1. 2nd Aggravated battery; intentionally
26 causing great bodily harm or
27 disfigurement.
28 784.045(1)(a)2. 2nd Aggravated battery; using deadly
29 weapon.
30 784.045(1)(b) 2nd Aggravated battery; perpetrator
31 aware victim pregnant.
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1 784.048(4) 3rd Aggravated stalking; violation of
2 injunction or court order.
3 784.07(2)(d) 1st Aggravated battery on law
4 enforcement officer.
5 784.074(1)(a) 1st Aggravated battery on sexually
6 violent predators facility staff.
7 784.08(2)(a) 1st Aggravated battery on a person 65
8 years of age or older.
9 784.081(1) 1st Aggravated battery on specified
10 official or employee.
11 784.082(1) 1st Aggravated battery by detained
12 person on visitor or other
13 detainee.
14 784.083(1) 1st Aggravated battery on code
15 inspector.
16 790.07(4) 1st Specified weapons violation
17 subsequent to previous conviction
18 of s. 790.07(1) or (2).
19 790.16(1) 1st Discharge of a machine gun under
20 specified circumstances.
21 790.165(2) 2nd Manufacture, sell, possess, or
22 deliver hoax bomb.
23 790.165(3) 2nd Possessing, displaying, or
24 threatening to use any hoax bomb
25 while committing or attempting to
26 commit a felony.
27 790.166(3) 2nd Possessing, selling, using, or
28 attempting to use a hoax weapon
29 of mass destruction.
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1 790.166(4) 2nd Possessing, displaying, or
2 threatening to use a hoax weapon
3 of mass destruction while
4 committing or attempting to
5 commit a felony.
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; cargo stolen
25 valued at $50,000 or more;
26 property stolen while causing
27 other property damage; 1st degree
28 grand theft.
29 812.014(2)(b)3. 2nd Property stolen, emergency
30 medical equipment; 2nd degree
31 grand theft.
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1 812.0145(2)(a) 1st Theft from person 65 years of age
2 or older; $50,000 or more.
3 812.019(2) 1st Stolen property; initiates,
4 organizes, plans, etc., the theft
5 of property and traffics in
6 stolen property.
7 812.131(2)(a) 2nd Robbery by sudden snatching.
8 812.133(2)(b) 1st Carjacking; no firearm, deadly
9 weapon, or other weapon.
10 817.234(11)(c) 1st Insurance fraud; property value
11 $100,000 or more.
12 825.102(3)(b) 2nd Neglecting an elderly person or
13 disabled adult causing great
14 bodily harm, disability, or
15 disfigurement.
16 825.103(2)(b) 2nd Exploiting an elderly person or
17 disabled adult and property is
18 valued at $20,000 or more, but
19 less than $100,000.
20 827.03(3)(b) 2nd Neglect of a child causing great
21 bodily harm, disability, or
22 disfigurement.
23 827.04(3) 3rd Impregnation of a child under 16
24 years of age by person 21 years
25 of age or older.
26 837.05(2) 3rd Giving false information about
27 alleged capital felony to a law
28 enforcement officer.
29 872.06 2nd Abuse of a dead human body.
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1 893.13(1)(c)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 a
6 child care facility or school.
7 893.13(1)(e)1. 1st Sell, manufacture, or deliver
8 cocaine or other drug prohibited
9 under s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), (2)(b), or
11 (2)(c)4., within 1,000 feet of
12 property used for religious
13 services or a specified business
14 site.
15 893.13(4)(a) 1st Deliver to minor cocaine (or
16 other s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4. drugs).
19 893.135(1)(a)1. 1st Trafficking in cannabis, more
20 than 25 lbs., less than 2,000
21 lbs.
22 893.135
23 (1)(b)1.a. 1st Trafficking in cocaine, more than
24 28 grams, less than 200 grams.
25 893.135
26 (1)(c)1.a. 1st Trafficking in illegal drugs,
27 more than 4 grams, less than 14
28 grams.
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1 893.135
2 (1)(d)1. 1st Trafficking in phencyclidine,
3 more than 28 grams, less than 200
4 grams.
5 893.135(1)(e)1. 1st Trafficking in methaqualone, more
6 than 200 grams, less than 5
7 kilograms.
8 893.135(1)(f)1. 1st Trafficking in amphetamine, more
9 than 14 grams, less than 28
10 grams.
11 893.135
12 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
13 grams or more, less than 14
14 grams.
15 893.135
16 (1)(h)1.a. 1st Trafficking in
17 gamma-hydroxybutyric acid (GHB),
18 1 kilogram or more, less than 5
19 kilograms.
20 893.135
21 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
22 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(k)2.a. 1st Trafficking in Phenethylamines,
26 10 grams or more, less than 200
27 grams.
28 896.101(5)(a) 3rd Money laundering, financial
29 transactions exceeding $300 but
30 less than $20,000.
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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 Section 5. For the purpose of incorporating the
7 amendments made by this act to section 784.048, Florida
8 Statutes, in references thereto, paragraph (b) of subsection
9 (1) of section 960.001, Florida Statutes, is reenacted to
10 read:
11 960.001 Guidelines for fair treatment of victims and
12 witnesses in the criminal justice and juvenile justice
13 systems.--
14 (1) The Department of Legal Affairs, the state
15 attorneys, the Department of Corrections, the Department of
16 Juvenile Justice, the Parole Commission, the State Courts
17 Administrator and circuit court administrators, the Department
18 of Law Enforcement, and every sheriff's department, police
19 department, or other law enforcement agency as defined in s.
20 943.10(4) shall develop and implement guidelines for the use
21 of their respective agencies, which guidelines are consistent
22 with the purposes of this act and s. 16(b), Art. I of the
23 State Constitution and are designed to implement the
24 provisions of s. 16(b), Art. I of the State Constitution and
25 to achieve the following objectives:
26 (b) Information for purposes of notifying victim or
27 appropriate next of kin of victim or other designated contact
28 of victim.--In the case of a homicide, pursuant to chapter
29 782; or a sexual offense, pursuant to chapter 794; or an
30 attempted murder or sexual offense, pursuant to chapter 777;
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1 or stalking, pursuant to s. 784.048; or domestic violence,
2 pursuant to s. 25.385:
3 1. The arresting law enforcement officer or personnel
4 of an organization that provides assistance to a victim or to
5 the appropriate next of kin of the victim or other designated
6 contact must request that the victim or appropriate next of
7 kin of the victim or other designated contact complete a
8 victim notification card. However, the victim or appropriate
9 next of kin of the victim or other designated contact may
10 choose not to complete the victim notification card.
11 2. Unless the victim or the appropriate next of kin of
12 the victim or other designated contact waives the option to
13 complete the victim notification card, a copy of the victim
14 notification card must be filed with the incident report or
15 warrant in the sheriff's office of the jurisdiction in which
16 the incident report or warrant originated. The notification
17 card shall, at a minimum, consist of:
18 a. The name, address, and phone number of the victim;
19 or
20 b. The name, address, and phone number of the
21 appropriate next of kin of the victim; or
22 c. The name, address, and phone number of a designated
23 contact other than the victim or appropriate next of kin of
24 the victim; and
25 d. Any relevant identification or case numbers
26 assigned to the case.
27 3. The chief administrator, or a person designated by
28 the chief administrator, of a county jail, municipal jail,
29 juvenile detention facility, or residential commitment
30 facility shall make a reasonable attempt to notify the alleged
31 victim or appropriate next of kin of the alleged victim or
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1 other designated contact within 4 hours following the release
2 of the defendant on bail or, in the case of a juvenile
3 offender, upon the release from residential detention or
4 commitment. If the chief administrator, or designee, is
5 unable to contact the alleged victim or appropriate next of
6 kin of the alleged victim or other designated contact by
7 telephone, the chief administrator, or designee, must send to
8 the alleged victim or appropriate next of kin of the alleged
9 victim or other designated contact a written notification of
10 the defendant's release.
11 4. Unless otherwise requested by the victim or the
12 appropriate next of kin of the victim or other designated
13 contact, the information contained on the victim notification
14 card must be sent by the chief administrator, or designee, of
15 the appropriate facility to the subsequent correctional or
16 residential commitment facility following the sentencing and
17 incarceration of the defendant, and unless otherwise requested
18 by the victim or the appropriate next of kin of the victim or
19 other designated contact, he or she must be notified of the
20 release of the defendant from incarceration as provided by
21 law.
22 5. If the defendant was arrested pursuant to a warrant
23 issued or taken into custody pursuant to s. 985.207 in a
24 jurisdiction other than the jurisdiction in which the
25 defendant is being released, and the alleged victim or
26 appropriate next of kin of the alleged victim or other
27 designated contact does not waive the option for notification
28 of release, the chief correctional officer or chief
29 administrator of the facility releasing the defendant shall
30 make a reasonable attempt to immediately notify the chief
31 correctional officer of the jurisdiction in which the warrant
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1 was issued or the juvenile was taken into custody pursuant to
2 s. 985.207, and the chief correctional officer of that
3 jurisdiction shall make a reasonable attempt to notify the
4 alleged victim or appropriate next of kin of the alleged
5 victim or other designated contact, as provided in this
6 paragraph, that the defendant has been or will be released.
7 Section 6. This act shall take effect October 1, 2003.
8
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10 SENATE SUMMARY
11 Revises provisions relating to the offense of stalking.
Defines the term "cyberstalk" to mean communication by
12 means of electronic mail or electronic communication
which causes substantial emotional distress and does not
13 serve a legitimate purpose. Includes within the offenses
of stalking and aggravated stalking the willful,
14 malicious, and repeated cyberstalking of another person.
Provides penalties. Revises the elements of the offense
15 of aggravated stalking to include placing a person in
fear of death or bodily injury of the person or the
16 person's child, sibling, spouse, or dependent.
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