Florida Senate - 2012 SB 950
By Senator Simmons
22-00452A-12 2012950__
1 A bill to be entitled
2 An act relating to stalking and aggravated stalking;
3 amending s. 784.048, F.S.; redefining the terms
4 “course of conduct” and “credible threat” and defining
5 the term “immediate family”; providing that a person
6 who makes a threat with the intent to place another
7 person in reasonable fear for his or her safety or the
8 safety of his or her immediate family commits the
9 offense of aggravated stalking under certain
10 circumstances; increasing the criminal penalties for
11 certain offenses of aggravated stalking; requiring
12 that the sentencing court consider issuing an
13 injunction that restrains a defendant from any contact
14 with the victim for up to 10 years; providing
15 legislative intent regarding the length of any such
16 restraining order; requiring that the court order the
17 defendant to attend a batterers’ intervention program
18 if the court finds the defendant guilty of stalking or
19 aggravated stalking; creating a cause of action for an
20 injunction for protection from stalking and aggravated
21 stalking; providing that a person who is the victim of
22 stalking or aggravated stalking, or who is the parent
23 or legal guardian of a child younger than 16 years of
24 age and who seeks an injunction for protection, has
25 standing to file a petition for an injunction for
26 protection from stalking or aggravated stalking;
27 providing that an injunction for protection from
28 stalking or aggravated stalking may be sought
29 regardless of whether another cause of action is
30 available or pending between the parties; requiring
31 that the petition for an injunction for protection
32 allege the incidents of stalking or aggravated
33 stalking and include the specific facts and
34 circumstances that form the basis upon which relief is
35 sought; prohibiting the court from requiring the
36 petitioner to file a bond upon the issuance of an
37 injunction for protection from stalking or aggravated
38 stalking; requiring that the clerk of the court
39 provide the petitioner with a certified copy of any
40 injunction for protection from stalking or aggravated
41 stalking which is entered by the court; amending s.
42 921.0022, F.S., relating to the offense severity
43 ranking chart of the Criminal Punishment Code;
44 revising provisions to conform to changes made by the
45 act; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 784.048, Florida Statutes, is amended to
50 read:
51 784.048 Stalking; definitions; penalties.—
52 (1) As used in this section, the term:
53 (a) “Harass” means to engage in a course of conduct
54 directed at a specific person which that causes substantial
55 emotional distress to that in such person and serves no
56 legitimate purpose.
57 (b) “Course of conduct” means a pattern of conduct,
58 including two or more composed of a series of acts over a period
59 of time, however short, which indicate evidencing a continuity
60 of purpose. The term does not include constitutionally protected
61 activity such as is not included within the meaning of “course
62 of conduct.” Such constitutionally protected activity includes
63 picketing or other organized protests.
64 (c) “Credible threat” means a verbal or nonverbal threat,
65 including a threat delivered by electronic communication, a
66 threat implied by a pattern of conduct, or a combination of the
67 two, made with the intent to place the person who is the target
68 of the threat in reasonable fear for his or her safety or the
69 safety of his or her immediate family, and made with the
70 apparent ability to carry out the threat to cause such harm. It
71 is not necessary to prove that the person making the threat had
72 the intent to actually carry out the threat. The present
73 incarceration of the person making the threat is not a bar to
74 prosecution under this section made with the intent to cause the
75 person who is the target of the threat to reasonably fear for
76 his or her safety. The threat must be against the life of, or a
77 threat to cause bodily injury to, a person.
78 (d) “Cyberstalk” means to engage in a course of conduct to
79 communicate, or to cause to be communicated, words, images, or
80 language by or through the use of electronic mail or electronic
81 communication, directed at a specific person, causing
82 substantial emotional distress to that person and serving no
83 legitimate purpose.
84 (e) “Immediate family” means a person’s spouse, parent,
85 child, grandparent, or sibling.
86 (2) A Any person who willfully, maliciously, and repeatedly
87 follows, harasses, or cyberstalks another person commits the
88 offense of stalking, a misdemeanor of the first degree,
89 punishable as provided in s. 775.082 or s. 775.083.
90 (3) A Any person who willfully, maliciously, and repeatedly
91 follows, harasses, or cyberstalks another person, and makes a
92 credible threat to that person with the intent to place that
93 person in reasonable fear of death or bodily injury of the
94 person, or the person’s child, sibling, spouse, parent, or
95 dependent, commits the offense of aggravated stalking, a felony
96 of the third degree, punishable as provided in s. 775.082, s.
97 775.083, or s. 775.084.
98 (4) A Any person who, after an injunction for protection
99 against repeat violence, sexual violence, or dating violence
100 pursuant to s. 784.046, or an injunction for protection against
101 domestic violence pursuant to s. 741.30, or after any other
102 court-imposed prohibition of conduct toward the subject person
103 or that person’s property, knowingly, willfully, maliciously,
104 and repeatedly follows, harasses, or cyberstalks another person
105 commits the offense of aggravated stalking, a felony of the
106 second third degree, punishable as provided in s. 775.082, s.
107 775.083, or s. 775.084.
108 (5) A Any person who willfully, maliciously, and repeatedly
109 follows, harasses, or cyberstalks a child minor under 16 years
110 of age commits the offense of aggravated stalking, a felony of
111 the first third degree, punishable as provided in s. 775.082, s.
112 775.083, or s. 775.084.
113 (6) A Any law enforcement officer may arrest, without a
114 warrant, any person that he or she has probable cause to believe
115 has violated the provisions of this section.
116 (7) A Any person who, after having been sentenced for a
117 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
118 prohibited from contacting the victim of the offense under s.
119 921.244, willfully, maliciously, and repeatedly follows,
120 harasses, or cyberstalks the victim commits the offense of
121 aggravated stalking, a felony of the first third degree,
122 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
123 (8) The punishment imposed under this section shall run
124 consecutive to any former sentence imposed for a conviction for
125 any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
126 (9)(a) The sentencing court shall consider, as a part of
127 any sentence, issuing an injunction restraining the defendant
128 from any contact with the victim, which may be valid for up to
129 10 years, as determined by the court. It is the intent of the
130 Legislature that the length of any such restraining order be
131 based upon the seriousness of the facts before the court, the
132 probability of future violations by the perpetrator, and the
133 safety of the victim and his or her immediate family.
134 (b) The injunction may be issued by the court even if the
135 defendant is sentenced to a state prison or a county jail or
136 even if the imposition of the sentence is suspended and the
137 defendant is placed on probation.
138 (10) If the court finds the defendant guilty of stalking or
139 aggravated stalking under this section, the court shall order
140 the defendant to attend a batterers’ intervention program
141 pursuant to s. 741.281.
142 (11) There is created a cause of action for an injunction
143 for protection from stalking and aggravated stalking.
144 (a) A person who is the victim of stalking or aggravated
145 stalking, or who is the parent or legal guardian of a child
146 younger than 16 years of age living at home and who seeks an
147 injunction for protection from stalking or aggravated stalking
148 on behalf of the child, has standing in the circuit court to
149 file a sworn petition for an injunction for protection from
150 stalking or aggravated stalking.
151 (b) A cause of action for an injunction for protection from
152 stalking or aggravated stalking may be sought regardless of
153 whether another cause of action is available or pending between
154 the parties.
155 (c) The sworn petition must allege the incidents of
156 stalking or aggravated stalking and include the specific facts
157 and circumstances that form the basis upon which relief is
158 sought.
159 (d) The court may not require the petitioner to file a bond
160 upon the issuance of an injunction for protection from stalking
161 or aggravated stalking.
162 (e) The clerk of the court shall provide the petitioner
163 with a certified copy of any injunction for protection from
164 stalking or aggravated stalking entered by the court.
165 Section 2. Paragraphs (f) and (g) of subsection (3) of
166 section 921.0022, Florida Statutes, are amended to read:
167 921.0022 Criminal Punishment Code; offense severity ranking
168 chart.—
169 (3) OFFENSE SEVERITY RANKING CHART
170 (f) LEVEL 6
171 FloridaStatute FelonyDegree Description
172 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
173 499.0051(3) 2nd Knowing forgery of pedigree papers.
174 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
175 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
176 775.0875(1) 3rd Taking firearm from law enforcement officer.
177 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
178 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
179 784.041 3rd Felony battery; domestic battery by strangulation.
180 784.048(3) 3rd Aggravated stalking; credible threat.
181 784.048(5) 1st 3rd Aggravated stalking of person under 16.
182 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
183 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
184 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
185 784.081(2) 2nd Aggravated assault on specified official or employee.
186 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
187 784.083(2) 2nd Aggravated assault on code inspector.
188 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
189 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
190 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
191 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
192 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
193 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
194 794.05(1) 2nd Unlawful sexual activity with specified minor.
195 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
196 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
197 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
198 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
199 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
200 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
201 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
202 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
203 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
204 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
205 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
206 825.102(1) 3rd Abuse of an elderly person or disabled adult.
207 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
208 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
209 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
210 827.03(1) 3rd Abuse of a child.
211 827.03(3)(c) 3rd Neglect of a child.
212 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
213 836.05 2nd Threats; extortion.
214 836.10 2nd Written threats to kill or do bodily injury.
215 843.12 3rd Aids or assists person to escape.
216 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
217 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
218 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
219 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
220 944.35(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.
221 944.40 2nd Escapes.
222 944.46 3rd Harboring, concealing, aiding escaped prisoners.
223 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
224 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
225 (g) LEVEL 7
226 FloridaStatute FelonyDegree Description
227 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
228 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
229 316.1935(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.
230 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
231 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
232 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
233 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
234 456.065(2) 3rd Practicing a health care profession without a license.
235 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
236 458.327(1) 3rd Practicing medicine without a license.
237 459.013(1) 3rd Practicing osteopathic medicine without a license.
238 460.411(1) 3rd Practicing chiropractic medicine without a license.
239 461.012(1) 3rd Practicing podiatric medicine without a license.
240 462.17 3rd Practicing naturopathy without a license.
241 463.015(1) 3rd Practicing optometry without a license.
242 464.016(1) 3rd Practicing nursing without a license.
243 465.015(2) 3rd Practicing pharmacy without a license.
244 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
245 467.201 3rd Practicing midwifery without a license.
246 468.366 3rd Delivering respiratory care services without a license.
247 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
248 483.901(9) 3rd Practicing medical physics without a license.
249 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
250 484.053 3rd Dispensing hearing aids without a license.
251 494.0018(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.
252 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
253 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
254 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
255 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
256 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
257 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
258 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
259 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
260 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
261 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
262 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
263 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
264 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
265 784.048(4) 2nd3rd Aggravated stalking; violation of injunction or court order.
266 784.048(7) 1st3rd Aggravated stalking; violation of court order.
267 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
268 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
269 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
270 784.081(1) 1st Aggravated battery on specified official or employee.
271 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
272 784.083(1) 1st Aggravated battery on code inspector.
273 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
274 790.16(1) 1st Discharge of a machine gun under specified circumstances.
275 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
276 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
277 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
278 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
279 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
280 794.08(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.
281 796.03 2nd Procuring any person under 16 years for prostitution.
282 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
283 800.04(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.
284 806.01(2) 2nd Maliciously damage structure by fire or explosive.
285 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
286 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
287 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
288 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
289 812.014(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.
290 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
291 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
292 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
293 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
294 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
295 812.131(2)(a) 2nd Robbery by sudden snatching.
296 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
297 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
298 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
299 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
300 817.2341 (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.
301 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
302 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
303 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
304 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
305 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
306 838.015 2nd Bribery.
307 838.016 2nd Unlawful compensation or reward for official behavior.
308 838.021(3)(a) 2nd Unlawful harm to a public servant.
309 838.22 2nd Bid tampering.
310 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
311 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
312 872.06 2nd Abuse of a dead human body.
313 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
314 893.13(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.
315 893.13(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.
316 893.13(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).
317 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
318 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
319 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
320 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
321 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
322 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
323 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
324 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
325 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
326 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
327 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
328 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
329 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
330 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
331 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
332 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
333 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
334 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
335 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
336 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
337 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
338 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
339 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
340 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
341 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
342 Section 3. This act shall take effect July 1, 2012.