Senate Bill sb1118
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Florida Senate - 2004 SB 1118
By Senator Cowin
20-779-04
1 A bill to be entitled
2 An act relating to aggravated stalking;
3 amending s. 784.048, F.S.; providing that an
4 offender commits aggravated stalking, a
5 third-degree felony, when he or she violates a
6 court order of probation prohibting contact
7 with the victim of the offense; amending s.
8 921.0022, F.S., relating to the offense
9 severity ranking chart of the Criminal
10 Punishment Code; conforming provisions to
11 changes made by the act; providing an effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsections (5) and (6) of section 784.048,
17 Florida Statutes, are redesignated as subsections (6) and (7),
18 respectively, and a new subsection (5) is added to that
19 section, to read:
20 784.048 Stalking; definitions; penalties.--
21 (5) Any offender who, directly or indirectly,
22 knowingly and willfully violates a court order of probation
23 prohibiting contact with the victim of the offense commits
24 aggravated stalking, a felony of the third degree, punishable
25 as provided in s. 775.082, s. 775.083, or s. 775.084.
26 Section 2. Paragraphs (f) and (g) of subsection (3) of
27 section 921.0022, Florida Statutes, are amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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Florida Senate - 2004 SB 1118
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1 Florida Felony
2 Statute Degree Description
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5 (f) LEVEL 6
6 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
7 conviction.
8 499.0051(3) 2nd Forgery of pedigree papers.
9 499.0051(4) 2nd Purchase or receipt of legend
10 drug from unauthorized person.
11 499.0051(5) 2nd Sale of legend drug to
12 unauthorized person.
13 775.0875(1) 3rd Taking firearm from law
14 enforcement officer.
15 775.21(10) 3rd Sexual predators; failure to
16 register; failure to renew
17 driver's license or
18 identification card.
19 784.021(1)(a) 3rd Aggravated assault; deadly weapon
20 without intent to kill.
21 784.021(1)(b) 3rd Aggravated assault; intent to
22 commit felony.
23 784.041 3rd Felony battery.
24 784.048(3) 3rd Aggravated stalking; credible
25 threat.
26 784.048(6)(5) 3rd Aggravated stalking of person
27 under 16.
28 784.07(2)(c) 2nd Aggravated assault on law
29 enforcement officer.
30 784.074(1)(b) 2nd Aggravated assault on sexually
31 violent predators facility staff.
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Florida Senate - 2004 SB 1118
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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 weapon of mass destruction, or
21 act of arson or violence to state
22 property.
23 790.19 2nd Shooting or throwing deadly
24 missiles into dwellings, vessels,
25 or vehicles.
26 794.011(8)(a) 3rd Solicitation of minor to
27 participate in sexual activity by
28 custodial adult.
29 794.05(1) 2nd Unlawful sexual activity with
30 specified minor.
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1 800.04(5)(d) 3rd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 less than 18 years.
5 800.04(6)(b) 2nd Lewd or lascivious conduct;
6 offender 18 years of age or
7 older.
8 806.031(2) 2nd Arson resulting in great bodily
9 harm to firefighter or any other
10 person.
11 810.02(3)(c) 2nd Burglary of occupied structure;
12 unarmed; no assault or battery.
13 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
14 but less than $100,000, grand
15 theft in 2nd degree.
16 812.014(2)(b)2. 2nd Property stolen; cargo valued at
17 less than $50,000, grand theft in
18 2nd degree.
19 812.015(9) 2nd Retail theft; property stolen
20 $300 or more; second or
21 subsequent conviction.
22 812.13(2)(c) 2nd Robbery, no firearm or other
23 weapon (strong-arm robbery).
24 817.034(4)(a)1. 1st Communications fraud, value
25 greater than $50,000.
26 817.4821(5) 2nd Possess cloning paraphernalia
27 with intent to create cloned
28 cellular telephones.
29 825.102(1) 3rd Abuse of an elderly person or
30 disabled adult.
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1 825.102(3)(c) 3rd Neglect of an elderly person or
2 disabled adult.
3 825.1025(3) 3rd Lewd or lascivious molestation of
4 an elderly person or disabled
5 adult.
6 825.103(2)(c) 3rd Exploiting an elderly person or
7 disabled adult and property is
8 valued at less than $20,000.
9 827.03(1) 3rd Abuse of a child.
10 827.03(3)(c) 3rd Neglect of a child.
11 827.071(2)&(3) 2nd Use or induce a child in a sexual
12 performance, or promote or direct
13 such performance.
14 836.05 2nd Threats; extortion.
15 836.10 2nd Written threats to kill or do
16 bodily injury.
17 843.12 3rd Aids or assists person to escape.
18 847.0135(3) 3rd Solicitation of a child, via a
19 computer service, to commit an
20 unlawful sex act.
21 914.23 2nd Retaliation against a witness,
22 victim, or informant, with bodily
23 injury.
24 943.0435(9) 3rd Sex offenders; failure to comply
25 with reporting requirements.
26 944.35(3)(a)2. 3rd Committing malicious battery upon
27 or inflicting cruel or inhuman
28 treatment on an inmate or
29 offender on community
30 supervision, resulting in great
31 bodily harm.
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1 944.40 2nd Escapes.
2 944.46 3rd Harboring, concealing, aiding
3 escaped prisoners.
4 944.47(1)(a)5. 2nd Introduction of contraband
5 (firearm, weapon, or explosive)
6 into correctional facility.
7 951.22(1) 3rd Intoxicating drug, firearm, or
8 weapon introduced into county
9 facility.
10 (g) LEVEL 7
11 316.027(1)(b) 2nd Accident involving death, failure
12 to stop; leaving scene.
13 316.193(3)(c)2. 3rd DUI resulting in serious bodily
14 injury.
15 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
16 bodily injury.
17 402.319(2) 2nd Misrepresentation and negligence
18 or intentional act resulting in
19 great bodily harm, permanent
20 disfiguration, permanent
21 disability, or death.
22 409.920(2) 3rd Medicaid provider fraud.
23 456.065(2) 3rd Practicing a health care
24 profession without a license.
25 456.065(2) 2nd Practicing a health care
26 profession without a license
27 which results in serious bodily
28 injury.
29 458.327(1) 3rd Practicing medicine without a
30 license.
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1 459.013(1) 3rd Practicing osteopathic medicine
2 without a license.
3 460.411(1) 3rd Practicing chiropractic medicine
4 without a license.
5 461.012(1) 3rd Practicing podiatric medicine
6 without a license.
7 462.17 3rd Practicing naturopathy without a
8 license.
9 463.015(1) 3rd Practicing optometry without a
10 license.
11 464.016(1) 3rd Practicing nursing without a
12 license.
13 465.015(2) 3rd Practicing pharmacy without a
14 license.
15 466.026(1) 3rd Practicing dentistry or dental
16 hygiene without a license.
17 467.201 3rd Practicing midwifery without a
18 license.
19 468.366 3rd Delivering respiratory care
20 services without a license.
21 483.828(1) 3rd Practicing as clinical laboratory
22 personnel without a license.
23 483.901(9) 3rd Practicing medical physics
24 without a license.
25 484.013(1)(c) 3rd Preparing or dispensing optical
26 devices without a prescription.
27 484.053 3rd Dispensing hearing aids without a
28 license.
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Florida Senate - 2004 SB 1118
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1 494.0018(2) 1st Conviction of any violation of
2 ss. 494.001-494.0077 in which the
3 total money and property
4 unlawfully obtained exceeded
5 $50,000 and there were five or
6 more victims.
7 560.123(8)(b)1. 3rd Failure to report currency or
8 payment instruments exceeding
9 $300 but less than $20,000 by
10 money transmitter.
11 560.125(5)(a) 3rd Money transmitter business by
12 unauthorized person, currency or
13 payment instruments exceeding
14 $300 but less than $20,000.
15 655.50(10)(b)1. 3rd Failure to report financial
16 transactions exceeding $300 but
17 less than $20,000 by financial
18 institution.
19 782.051(3) 2nd Attempted felony murder of a
20 person by a person other than the
21 perpetrator or the perpetrator of
22 an attempted felony.
23 782.07(1) 2nd Killing of a human being by the
24 act, procurement, or culpable
25 negligence of another
26 (manslaughter).
27 782.071 2nd Killing of human being or viable
28 fetus by the operation of a motor
29 vehicle in a reckless manner
30 (vehicular homicide).
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Florida Senate - 2004 SB 1118
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1 782.072 2nd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) or (5) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.074(1)(a) 1st Aggravated battery on sexually
17 violent predators facility staff.
18 784.08(2)(a) 1st Aggravated battery on a person 65
19 years of age or older.
20 784.081(1) 1st Aggravated battery on specified
21 official or employee.
22 784.082(1) 1st Aggravated battery by detained
23 person on visitor or other
24 detainee.
25 784.083(1) 1st Aggravated battery on code
26 inspector.
27 790.07(4) 1st Specified weapons violation
28 subsequent to previous conviction
29 of s. 790.07(1) or (2).
30 790.16(1) 1st Discharge of a machine gun under
31 specified circumstances.
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Florida Senate - 2004 SB 1118
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1 790.165(2) 2nd Manufacture, sell, possess, or
2 deliver hoax bomb.
3 790.165(3) 2nd Possessing, displaying, or
4 threatening to use any hoax bomb
5 while committing or attempting to
6 commit a felony.
7 790.166(3) 2nd Possessing, selling, using, or
8 attempting to use a hoax weapon
9 of mass destruction.
10 790.166(4) 2nd Possessing, displaying, or
11 threatening to use a hoax weapon
12 of mass destruction while
13 committing or attempting to
14 commit a felony.
15 796.03 2nd Procuring any person under 16
16 years for prostitution.
17 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
18 victim less than 12 years of age;
19 offender less than 18 years.
20 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
21 victim 12 years of age or older
22 but less than 16 years; offender
23 18 years or older.
24 806.01(2) 2nd Maliciously damage structure by
25 fire or explosive.
26 810.02(3)(a) 2nd Burglary of occupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
29 unarmed; no assault or battery.
30 810.02(3)(d) 2nd Burglary of occupied conveyance;
31 unarmed; no assault or battery.
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1 812.014(2)(a) 1st Property stolen, valued at
2 $100,000 or more; cargo stolen
3 valued at $50,000 or more;
4 property stolen while causing
5 other property damage; 1st degree
6 grand theft.
7 812.014(2)(b)3. 2nd Property stolen, emergency
8 medical equipment; 2nd degree
9 grand theft.
10 812.0145(2)(a) 1st Theft from person 65 years of age
11 or older; $50,000 or more.
12 812.019(2) 1st Stolen property; initiates,
13 organizes, plans, etc., the theft
14 of property and traffics in
15 stolen property.
16 812.131(2)(a) 2nd Robbery by sudden snatching.
17 812.133(2)(b) 1st Carjacking; no firearm, deadly
18 weapon, or other weapon.
19 817.234(8)(a) 2nd Solicitation of motor vehicle
20 accident victims with intent to
21 defraud.
22 817.234(9) 2nd Organizing, planning, or
23 participating in an intentional
24 motor vehicle collision.
25 817.234(11)(c) 1st Insurance fraud; property value
26 $100,000 or more.
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1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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1 872.06 2nd Abuse of a dead human body.
2 893.13(1)(c)1. 1st Sell, manufacture, or deliver
3 cocaine (or other drug prohibited
4 under s. 893.03(1)(a), (1)(b),
5 (1)(d), (2)(a), (2)(b), or
6 (2)(c)4.) within 1,000 feet of a
7 child care facility, school, or
8 state, county, or municipal park
9 or publicly owned recreational
10 facility or community center.
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 25 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.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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Florida Senate - 2004 SB 1118
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 Section 3. This act shall take effect July 1, 2004.
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11 *****************************************
12 SENATE SUMMARY
13 Provides that an offender commits aggravated stalking
when he or she violates a probation order that prohibits
14 contact with the victim. Specifies that such offense is a
third-degree felony.
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