Senate Bill sb1288
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
By Senator Lynn
7-942-06
1 A bill to be entitled
2 An act relating to stalking; amending s.
3 784.048, F.S.; defining the term "family";
4 providing that the family of the person who is
5 a victim of the offense of stalking is also
6 protected from the offense of stalking;
7 increasing the classification of the offense of
8 stalking from a misdemeanor of the first degree
9 to a felony of the third degree; increasing the
10 classification of the offense of aggravated
11 stalking from a felony of the third degree to a
12 felony of the second degree; requiring a court
13 to issue an injunction for protection against
14 domestic violence if a person commits the
15 offense of stalking or the offense of
16 aggravated stalking; providing an exception;
17 requiring the court to make compliance with the
18 injunction a condition of probation; requiring
19 the court to state the reasons if the court
20 does not issue an injunction for protection
21 against domestic violence; providing that an
22 injunction entered as part of a plea agreement
23 is as definitive and binding as any other
24 injunction for protection and requiring a
25 statement to that effect be made part of the
26 plea agreement; providing that an injunction
27 for protection against domestic violence may be
28 enforced by the state or by a person named in
29 the injunction; providing that if civil
30 enforcement is necessary, the defendant is
31 liable for costs and attorney's fees incurred
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 by the person in enforcing the injunction;
2 amending s. 921.0022, F.S.; conforming
3 provisions to changes made by the act;
4 providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 784.048, Florida Statutes, is
9 amended to read:
10 784.048 Stalking; definitions; penalties.--
11 (1) As used in this section, the term:
12 (a) "Harass" means to engage in a course of conduct
13 directed at a specific person that causes substantial
14 emotional distress in the such person and serves no legitimate
15 purpose.
16 (b) "Course of conduct" means a pattern of conduct
17 composed of a series of acts over a period of time, however
18 short, evidencing a continuity of purpose. Constitutionally
19 protected activity is not included within the meaning of
20 "course of conduct." Such constitutionally protected activity
21 includes picketing or other organized protests.
22 (c) "Credible threat" means a threat made with the
23 intent to cause the person who is the target of the threat to
24 reasonably fear for his or her safety. The threat must be
25 against the life of, or a threat to cause bodily injury to, a
26 person.
27 (d) "Cyberstalk" means to engage in a course of
28 conduct to communicate, or to cause to be communicated, words,
29 images, or language by or through the use of electronic mail
30 or electronic communication, directed at a specific person,
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 causing substantial emotional distress to that person and
2 serving no legitimate purpose.
3 (e) "Family" has the same meaning as in s. 741.28(3).
4 (2) Any person who willfully, maliciously, and
5 repeatedly follows, harasses, or cyberstalks another person or
6 the person's family commits the offense of stalking, a felony
7 misdemeanor of the third first degree, punishable as provided
8 in s. 775.082, or s. 775.083, or s. 775.084.
9 (3) Any person who willfully, maliciously, and
10 repeatedly follows, harasses, or cyberstalks another person,
11 and makes a credible threat with the intent to place that
12 person in reasonable fear of death or bodily injury of the
13 person, or the person's family child, sibling, spouse, parent,
14 or dependent, commits the offense of aggravated stalking, a
15 felony of the second third degree, punishable as provided in
16 s. 775.082, s. 775.083, or s. 775.084.
17 (4) Any person who, after an injunction for protection
18 against repeat violence, sexual violence, or dating violence
19 pursuant to s. 784.046, or an injunction for protection
20 against domestic violence pursuant to s. 741.30, or after any
21 other court-imposed prohibition of conduct toward the subject
22 person or that person's family or property, knowingly,
23 willfully, maliciously, and repeatedly follows, harasses, or
24 cyberstalks another person or the person's family commits the
25 offense of aggravated stalking, a felony of the second third
26 degree, punishable as provided in s. 775.082, s. 775.083, or
27 s. 775.084.
28 (5) Any person who willfully, maliciously, and
29 repeatedly follows, harasses, or cyberstalks a minor under 16
30 years of age commits the offense of aggravated stalking, a
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 felony of the second third degree, punishable as provided in
2 s. 775.082, s. 775.083, or s. 775.084.
3 (6) Any law enforcement officer may arrest, without a
4 warrant, any person he or she has probable cause to believe
5 has violated the provisions of this section.
6 (7) Any person who, after having been sentenced for a
7 violation of s. 794.011 or s. 800.04, and prohibited from
8 contacting the victim of the offense under s. 921.244,
9 willfully, maliciously, and repeatedly follows, harasses, or
10 cyberstalks the victim or the victim's family commits the
11 offense of aggravated stalking, a felony of the second third
12 degree, punishable as provided in s. 775.082, s. 775.083, or
13 s. 775.084.
14 (8) The punishment imposed under this section shall
15 run consecutive to any former sentence imposed for a
16 conviction for any offense under s. 794.011 or s. 800.04.
17 (9)(a) In addition to any punishment, the court shall
18 issue an injunction for protection against domestic violence
19 unless it finds clear and compelling reasons not to issue an
20 injunction. The injunction for protection against domestic
21 violence shall be issued in accordance with s. 741.30(6). The
22 court shall make compliance with the injunction a condition of
23 probation in accordance with s. 948.03.
24 (b) If the court does not issue an injunction for
25 protection against domestic violence, it shall state on the
26 record in detail the reasons for not issuing the injunction.
27 An injunction entered as part of a plea agreement is as
28 definitive and binding as any other injunction for protection,
29 and a statement to this effect must be made part of the plea
30 agreement.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 (c) An injunction for protection against domestic
2 violence may be enforced by the state, or by a person named
3 in the injunction, in the same manner as an injunction in a
4 civil action. If civil enforcement is necessary, the defendant
5 is liable for costs and attorney's fees incurred by the person
6 in enforcing the injunction.
7 Section 2. Paragraphs (f) and (g) of subsection (3) of
8 section 921.0022, Florida Statutes, are amended to read:
9 921.0022 Criminal Punishment Code; offense severity
10 ranking chart.--
11 (3) OFFENSE SEVERITY RANKING CHART
12
13 Florida Felony
14 Statute Degree Description
15
16
17 (f) LEVEL 6
18 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
19 conviction.
20 499.0051(3) 2nd Forgery of pedigree papers.
21 499.0051(4) 2nd Purchase or receipt of legend
22 drug from unauthorized person.
23 499.0051(5) 2nd Sale of legend drug to
24 unauthorized person.
25 775.0875(1) 3rd Taking firearm from law
26 enforcement officer.
27 784.021(1)(a) 3rd Aggravated assault; deadly weapon
28 without intent to kill.
29 784.021(1)(b) 3rd Aggravated assault; intent to
30 commit felony.
31 784.041 3rd Felony battery.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 784.048(3) 2nd 3rd Aggravated stalking; credible
2 threat.
3 784.048(5) 2nd 3rd Aggravated stalking of person
4 under 16.
5 784.07(2)(c) 2nd Aggravated assault on law
6 enforcement officer.
7 784.074(1)(b) 2nd Aggravated assault on sexually
8 violent predators facility staff.
9 784.08(2)(b) 2nd Aggravated assault on a person 65
10 years of age or older.
11 784.081(2) 2nd Aggravated assault on specified
12 official or employee.
13 784.082(2) 2nd Aggravated assault by detained
14 person on visitor or other
15 detainee.
16 784.083(2) 2nd Aggravated assault on code
17 inspector.
18 787.02(2) 3rd False imprisonment; restraining
19 with purpose other than those in
20 s. 787.01.
21 790.115(2)(d) 2nd Discharging firearm or weapon on
22 school property.
23 790.161(2) 2nd Make, possess, or throw
24 destructive device with intent to
25 do bodily harm or damage
26 property.
27 790.164(1) 2nd False report of deadly explosive,
28 weapon of mass destruction, or
29 act of arson or violence to state
30 property.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.015(9) 2nd Retail theft; property stolen
25 $300 or more; second or
26 subsequent conviction.
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
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
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(2) 3rd Facilitates sexual conduct of or
24 with a minor or the visual
25 depiction of such conduct.
26 914.23 2nd Retaliation against a witness,
27 victim, or informant, with bodily
28 injury.
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
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
17 316.027(1)(b) 2nd Accident involving death, failure
18 to stop; leaving scene.
19 316.193(3)(c)2. 3rd DUI resulting in serious bodily
20 injury.
21 316.1935(3)(b) 1st Causing serious bodily injury or
22 death to another person; driving
23 at high speed or with wanton
24 disregard for safety while
25 fleeing or attempting to elude
26 law enforcement officer who is in
27 a patrol vehicle with siren and
28 lights activated.
29 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
30 bodily injury.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 775.21(10)(a) 3rd Sexual predator; failure to
2 register; failure to renew
3 driver's license or
4 identification card; other
5 registration violations.
6 775.21(10)(b) 3rd Sexual predator working where
7 children regularly congregate.
8 775.21(10)(g) 3rd Failure to report or providing
9 false information about a sexual
10 predator; harbor or conceal a
11 sexual predator.
12 782.051(3) 2nd Attempted felony murder of a
13 person by a person other than the
14 perpetrator or the perpetrator of
15 an attempted felony.
16 782.07(1) 2nd Killing of a human being by the
17 act, procurement, or culpable
18 negligence of another
19 (manslaughter).
20 782.071 2nd Killing of human being or viable
21 fetus by the operation of a motor
22 vehicle in a reckless manner
23 (vehicular homicide).
24 782.072 2nd Killing of a human being by the
25 operation of a vessel in a
26 reckless manner (vessel
27 homicide).
28 784.045(1)(a)1. 2nd Aggravated battery; intentionally
29 causing great bodily harm or
30 disfigurement.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 2nd 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.048(7) 2nd 3rd Aggravated stalking; violation of
8 court order.
9 784.07(2)(d) 1st Aggravated battery on law
10 enforcement officer.
11 784.074(1)(a) 1st Aggravated battery on sexually
12 violent predators facility staff.
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.
27 790.165(2) 2nd Manufacture, sell, possess, or
28 deliver hoax bomb.
29
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
30
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more; property stolen
3 while causing other property
4 damage; 1st degree grand theft.
5 812.014(2)(b)2. 2nd Property stolen, cargo valued at
6 less than $50,000, grand theft in
7 2nd degree.
8 812.014(2)(b)3. 2nd Property stolen, emergency
9 medical equipment; 2nd degree
10 grand theft.
11 812.0145(2)(a) 1st Theft from person 65 years of age
12 or older; $50,000 or more.
13 812.019(2) 1st Stolen property; initiates,
14 organizes, plans, etc., the theft
15 of property and traffics in
16 stolen property.
17 812.131(2)(a) 2nd Robbery by sudden snatching.
18 812.133(2)(b) 1st Carjacking; no firearm, deadly
19 weapon, or other weapon.
20 817.234(8)(a) 2nd Solicitation of motor vehicle
21 accident victims with intent to
22 defraud.
23 817.234(9) 2nd Organizing, planning, or
24 participating in an intentional
25 motor vehicle collision.
26 817.234(11)(c) 1st Insurance fraud; property value
27 $100,000 or more.
28
29
30
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
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.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
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, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
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.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
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.
9 943.0435(4)(c) 2nd Sexual offender vacating
10 permanent residence; failure to
11 comply with reporting
12 requirements.
13 943.0435(8) 2nd Sexual offender; remains in state
14 after indicating intent to leave;
15 failure to comply with reporting
16 requirements.
17 943.0435(9)(a) 3rd Sexual offender; failure to
18 comply with reporting
19 requirements.
20 943.0435(13) 3rd Failure to report or providing
21 false information about a sexual
22 offender; harbor or conceal a
23 sexual offender.
24 943.0435(14) 3rd Sexual offender; failure to
25 report and reregister; failure to
26 respond to address verification.
27 944.607(9) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1288
7-942-06
1 944.607(10)(a) 3rd Sexual offender; failure to
2 submit to the taking of a
3 digitized photograph.
4 944.607(12) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 944.607(13) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 Section 3. This act shall take effect July 1, 2006.
12
13 *****************************************
14 SENATE SUMMARY
15 Provides that the family of the person who is a victim of
the offense of stalking is also protected from the
16 offense of stalking. Increases the classification of the
offense of stalking from a misdemeanor of the first
17 degree to a felony of the third degree. Increases the
classification of the offense of aggravated stalking from
18 a felony of the third degree to a felony of the second
degree. Requires a court to issue an injunction for
19 protection against domestic violence if a person commits
the offense of stalking or the offense of aggravated
20 stalking. Requires the court to make compliance with the
injunction a condition of probation. Provides that an
21 injunction entered as part of a plea agreement is as
definitive and binding as any other injunction for
22 protection. Provides that an injunction for protection
against domestic violence may be enforced by the state or
23 by a person named in the injunction. Requires the
defendant to pay the costs and the victim's attorney's
24 fees incurred by the person in order to enforce the
injunction.
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.