HB 867

1	A bill to be entitled
2	An act relating to stalking; amending s. 784.048, F.S.;
3	redefining the terms "harass," "credible threat," and
4	"cyberstalk"; defining the terms "electronic
5	communication," "electronic communication device," and
6	"immediate family"; increasing criminal penalties;
7	providing for reclassification of criminal penalties for
8	certain offenses; providing for a civil cause of action
9	and remedies; providing that the civil remedies are in
10	addition to any other civil, administrative, or criminal
11	remedies provided by law; amending s. 921.0022, F.S.,
12	relating to the offense severity ranking chart; conforming
13	provisions to changes made by the act; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 784.048, Florida Statutes, is amended
19	to read:
20	784.048  Stalking; definitions; penalties.--
21	(1)  As used in this section, the term:
22	(a)  "Harass" means to engage in a course of conduct, or to
23	cause or encourage another to engage in a course of conduct,
24	directed at a specific person which that causes substantial
25	emotional distress in such person and serves no legitimate
26	purpose.
27	(b)  "Course of conduct" means a pattern of conduct
28	composed of a series of acts over a period of time, however
29	short, evidencing a continuity of purpose. Constitutionally
30	protected activity is not included within the meaning of "course
31	of conduct." Such constitutionally protected activity includes
32	picketing or other organized protests.
33	(c)  "Credible threat" means any a threat, including a
34	threat delivered by means of an electronic communication device,
35	made with the intent to cause the person who is the target of
36	the threat to reasonably fear bodily injury or death to himself
37	or herself or to a member of his or her immediate family for his
38	or her safety. The threat must be against the life of, or a
39	threat to cause bodily injury to, a person.
40	(d)  "Cyberstalk" means to engage in a course of conduct,
41	or to cause or encourage another to engage in a course of
42	conduct, to communicate, or to cause to be communicated, words,
43	images, or language by or through the use of electronic mail or
44	electronic communication, directed at a specific person, causing
45	substantial emotional distress to that person and serving no
46	legitimate purpose.
47	(e)  "Electronic communication" means any transfer of
48	signs, signals, writings, images, sounds, data, or intelligence
49	of any nature transmitted in whole or in part by a wire, radio,
50	electromagnetic, photoelectronic, or photooptical system that
51	affects interstate or foreign commerce.
52	(f)  "Electronic communication device" means any type of
53	instrument, device, machine, equipment, or software that is
54	capable of transmitting, acquiring, encrypting, transferring,
55	decrypting, or receiving any signs, signals, writings, data,
56	images, sounds, or intelligence of any nature by wire, radio,
57	optical, or other electromagnetic system. The term includes, but
58	is not limited to, telephones, cellular phones, computers, video
59	recorders, fax machines, or pagers.
60	(g)  "Immediate family" means spouses, former spouses,
61	persons related by blood or marriage, persons who are presently
62	residing together as if a family or who have resided together in
63	the past as if a family, and persons who are parents of a child
64	in common regardless of whether they have been married. With the
65	exception of persons who have a child in common, the immediate
66	family members must be currently residing or have within the
67	previous 6 months resided together in the same single dwelling
68	unit.
69	(2)  Any person who willfully, maliciously, and repeatedly
70	follows, harasses, or cyberstalks another person commits the
71	offense of stalking, a felony misdemeanor of the third first
72	degree, punishable as provided in s. 775.082, or s. 775.083, or
73	s. 775.084.
74	(3)  Any person who willfully, maliciously, and repeatedly
75	follows, harasses, or cyberstalks another person, and
76	purposefully engages in a course of conduct involving makes a
77	credible threat with the intent to place that person in
78	reasonable fear of death or bodily injury of the person, or the
79	person's immediate family child, sibling, spouse, parent, or
80	dependent, commits the offense of aggravated stalking, a felony
81	of the second third degree, punishable as provided in s.
82	775.082, s. 775.083, or s. 775.084.
83	(4)  Any person who, after an injunction for protection
84	against repeat violence, sexual violence, or dating violence
85	pursuant to s. 784.046, or an injunction for protection against
86	domestic violence pursuant to s. 741.30, or after any other
87	court-imposed prohibition of conduct toward the subject person
88	or that person's property, knowingly, willfully, maliciously,
89	and repeatedly follows, harasses, or cyberstalks another person
90	commits the offense of aggravated stalking, a felony of the
91	second third degree, punishable as provided in s. 775.082, s.
92	775.083, or s. 775.084.
93	(5)  Any person who willfully, maliciously, and repeatedly
94	follows, harasses, or cyberstalks a minor under 16 years of age
95	commits the offense of aggravated stalking, a felony of the
96	second third degree, punishable as provided in s. 775.082, s.
97	775.083, or s. 775.084.
98	(6)  Any law enforcement officer may arrest, without a
99	warrant, any person he or she has probable cause to believe has
100	violated the provisions of this section.
101	(7)  Any person who, after having been sentenced for a
102	violation of s. 794.011 or s. 800.04, and prohibited from
103	contacting the victim of the offense under s. 921.244,
104	willfully, maliciously, and repeatedly follows, harasses, or
105	cyberstalks the victim commits the offense of aggravated
106	stalking, a felony of the second third degree, punishable as
107	provided in s. 775.082, s. 775.083, or s. 775.084.
108	(8)  If a person is charged with violating any provision of
109	this section and conceals his or her identification from the
110	person who is the victim of the violation, uses the electronic
111	bandwidth of another person while violating this section, or
112	destroys evidence of a person's violation of this section, the
113	offense for which the person is charged shall be reclassified as
114	follows:
115	(a)  In the case of aggravated stalking of a minor younger
116	than 16 years of age, from a felony of the second degree to a
117	felony of the first degree.
118	(b)  In the case of aggravated stalking, from a felony of
119	the second degree to a felony of the first degree.
120	(c)  In the case of stalking, from a felony of the third
121	degree to a felony of the second degree.
122	(9)(8)  The punishment imposed under this section shall run
123	consecutive to any former sentence imposed for a conviction for
124	any offense under s. 794.011 or s. 800.04.
125	(10)(a)  Notwithstanding any other remedy or relief to
126	which a person is entitled, a person suffering damage as a
127	result of a violation of this section may bring an action to
128	recover or obtain actual, punitive, and treble damages,
129	equitable relief, reasonable attorney's fees, investigative
130	costs, court costs, witness costs, deposition expenses, and any
131	other relief a court considers proper.
132	(b)  The remedies of this subsection are in addition to any
133	other civil, administrative, or criminal remedies provided by
134	law.
135	Section 2.  Paragraphs (f) and (g) of subsection (3) of
136	section 921.0022, Florida Statutes, are amended to read:
137	921.0022  Criminal Punishment Code; offense severity
138	ranking chart.--
139	(3)  OFFENSE SEVERITY RANKING CHART
140	(f)  LEVEL 6
141
	FloridaStatute FelonyDegree Description
142
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
143
	499.0051(3) 2nd Forgery of pedigree papers.
144
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
145
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
146
	775.0875(1) 3rd Taking firearm from law enforcement officer.
147
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
148
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
149
	784.041 3rd Felony battery; domestic battery by strangulation.
150
	784.048(3) 2nd 3rd Aggravated stalking; credible threat.
151
	784.048(5) 2nd 3rd Aggravated stalking of person under 16.
152
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
153
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
154
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
155
	784.081(2) 2nd Aggravated assault on specified official or employee.
156
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
157
	784.083(2) 2nd Aggravated assault on code inspector.
158
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
159
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
160
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
161
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
162
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
163
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
164
	794.05(1) 2nd Unlawful sexual activity with specified minor.
165
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
166
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
167
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
168
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
169
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
170
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
171
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
172
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
173
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
174
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
175
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
176
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
177
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
178
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
179
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
180
	827.03(1) 3rd Abuse of a child.
181
	827.03(3)(c) 3rd Neglect of a child.
182
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
183
	836.05 2nd Threats; extortion.
184
	836.10 2nd Written threats to kill or do bodily injury.
185
	843.12 3rd Aids or assists person to escape.
186
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
187
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
188
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
189
	944.40 2nd Escapes.
190
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
191
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
192
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
193
194	(g)  LEVEL 7
195
	FloridaStatute FelonyDegree Description
196
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
197
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
198
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
199
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
200
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
201
	409.920(2) 3rd Medicaid provider fraud.
202
	456.065(2) 3rd Practicing a health care profession without a license.
203
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
204
	458.327(1) 3rd Practicing medicine without a license.
205
	459.013(1) 3rd Practicing osteopathic medicine without a license.
206
	460.411(1) 3rd Practicing chiropractic medicine without a license.
207
	461.012(1) 3rd Practicing podiatric medicine without a license.
208
	462.17 3rd Practicing naturopathy without a license.
209
	463.015(1) 3rd Practicing optometry without a license.
210
	464.016(1) 3rd Practicing nursing without a license.
211
	465.015(2) 3rd Practicing pharmacy without a license.
212
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
213
	467.201 3rd Practicing midwifery without a license.
214
	468.366 3rd Delivering respiratory care services without a license.
215
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
216
	483.901(9) 3rd Practicing medical physics without a license.
217
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
218
	484.053 3rd Dispensing hearing aids without a license.
219
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
220
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
221
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
222
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
223
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
224
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
225
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
226
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
227
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
228
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
229
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
230
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
231
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
232
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
233
	784.048(4) 2nd 3rd Aggravated stalking; violation of injunction or court order.
234
	784.048(7) 2nd 3rd Aggravated stalking; violation of court order.
235
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
236
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
237
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
238
	784.081(1) 1st Aggravated battery on specified official or employee.
239
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
240
	784.083(1) 1st Aggravated battery on code inspector.
241
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
242
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
243
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
244
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
245
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
246
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
247
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
248
	796.03 2nd Procuring any person under 16 years for prostitution.
249
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
250
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
251
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
252
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
253
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
254
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
255
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
256
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
257
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
258
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
259
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
260
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
261
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
262
	812.131(2)(a) 2nd Robbery by sudden snatching.
263
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
264
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
265
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
266
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
267
	817.2341(2)(b)& (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
268
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
269
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
270
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
271
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
272
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
273
	838.015 2nd Bribery.
274
	838.016 2nd Unlawful compensation or reward for official behavior.
275
	838.021(3)(a) 2nd Unlawful harm to a public servant.
276
	838.22 2nd Bid tampering.
277
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
278
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
279
	872.06 2nd Abuse of a dead human body.
280
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
281
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
282
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
283
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
284
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
285
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
286
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
287
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
288
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
289
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
290
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
291
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
292
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
293
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
294
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
295
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
296
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
297
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
298
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
299
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
300
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
301
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
302
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
303
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
304
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
305
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
306
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
307
308	Section 3.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.