Florida Senate - 2016                       CS for CS for SB 436
       
       
        
       By the Committees on Appropriations; and Criminal Justice; and
       Senators Simpson and Dean
       
       576-04190-16                                           2016436c2
    1                        A bill to be entitled                      
    2         An act relating to relating to the crime of making
    3         threats of terror or violence; amending ss. 790.163
    4         and 790.164, F.S.; creating the crime of falsely
    5         reporting the use of firearms in a violent manner
    6         against a person or persons; creating s. 836.12, F.S.;
    7         defining the terms “family member of a person” and
    8         “law enforcement officer”; providing a criminal
    9         penalty for a violation of specified provisions under
   10         certain circumstances; requiring payment of
   11         restitution; amending s. 921.0022, F.S.; conforming
   12         provisions to changes made by the act; reenacting ss.
   13         1006.07(2)(m) and 1006.13(3)(b), F.S., relating to
   14         district school board duties relating to student
   15         discipline and school safety and a policy of zero
   16         tolerance for crime and victimization, respectively,
   17         to incorporate the amendment made to s. 790.163, F.S.,
   18         in references thereto; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 790.163, Florida Statutes, is amended to
   23  read:
   24         790.163 False report concerning about planting a bomb, an
   25  explosive, or a weapon of mass destruction, or concerning the
   26  use of firearms in a violent manner; penalty.—
   27         (1) It is unlawful for any person to make a false report,
   28  with intent to deceive, mislead, or otherwise misinform any
   29  person, concerning the placing or planting of any bomb,
   30  dynamite, other deadly explosive, or weapon of mass destruction
   31  as defined in s. 790.166, or concerning the use of firearms in a
   32  violent manner against a person or persons. A person who
   33  violates this subsection; and any person convicted thereof
   34  commits a felony of the second degree, punishable as provided in
   35  s. 775.082, s. 775.083, or s. 775.084.
   36         (2) Notwithstanding any other law, adjudication of guilt or
   37  imposition of sentence for a violation of this section may not
   38  be suspended, deferred, or withheld. However, the state attorney
   39  may move the sentencing court to reduce or suspend the sentence
   40  of any person who is convicted of a violation of this section
   41  and who provides substantial assistance in the identification,
   42  arrest, or conviction of any of his or her accomplices,
   43  accessories, coconspirators, or principals.
   44         (3) Proof that a person accused of violating this section
   45  knowingly made a false report is prima facie evidence of the
   46  accused person’s intent to deceive, mislead, or otherwise
   47  misinform any person.
   48         (4) In addition to any other penalty provided by law with
   49  respect to any person who is convicted of a violation of this
   50  section that resulted in the mobilization or action of any law
   51  enforcement officer or any state or local agency, a person
   52  convicted of a violation of this section may be required by the
   53  court to pay restitution for all of the costs and damages
   54  arising from the criminal conduct.
   55         Section 2. Section 790.164, Florida Statutes, is amended to
   56  read:
   57         790.164 False reports concerning planting a bomb,
   58  explosive, or weapon of mass destruction in, or committing arson
   59  against, state-owned property, or concerning the use of firearms
   60  in a violent manner; penalty; reward.—
   61         (1) It is unlawful for any person to make a false report,
   62  with intent to deceive, mislead, or otherwise misinform any
   63  person, concerning the placing or planting of any bomb,
   64  dynamite, other deadly explosive, or weapon of mass destruction
   65  as defined in s. 790.166, or concerning any act of arson or
   66  other violence to property owned by the state or any political
   67  subdivision, or concerning the use of firearms in a violent
   68  manner against a person or persons. A Any person who violates
   69  violating this subsection commits a felony of the second degree,
   70  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   71         (2) Notwithstanding any other law, adjudication of guilt or
   72  imposition of sentence for a violation of this section may not
   73  be suspended, deferred, or withheld. However, the state attorney
   74  may move the sentencing court to reduce or suspend the sentence
   75  of any person who is convicted of a violation of this section
   76  and who provides substantial assistance in the identification,
   77  arrest, or conviction of any of his or her accomplices,
   78  accessories, coconspirators, or principals.
   79         (3) Proof that a person accused of violating this section
   80  knowingly made a false report is prima facie evidence of the
   81  accused person’s intent to deceive, mislead, or otherwise
   82  misinform any person.
   83         (4)(a) There shall be a $5,000 reward for the giving of
   84  information to any law enforcement agency in the state, which
   85  information leads to the arrest and conviction of any person
   86  violating the provisions of this section. Any person claiming
   87  such reward shall apply to the law enforcement agency developing
   88  the case and be paid by the Department of Law Enforcement from
   89  the deficiency fund.
   90         (b) There shall be only one reward given for each case,
   91  regardless of how many persons are arrested and convicted in
   92  connection with the case and regardless of how many persons
   93  submit claims for the reward.
   94         (c) The Department of Law Enforcement shall establish
   95  procedures to be used by all reward applicants, and the circuit
   96  judge in whose jurisdiction the action occurs shall review all
   97  such applications and make final determination as to those
   98  applicants entitled to receive an award.
   99         (d) In addition to any other penalty provided by law with
  100  respect to any person who is convicted of a violation of this
  101  section that resulted in the mobilization or action of any law
  102  enforcement officer or any state or local agency, a person
  103  convicted of a violation of this section may be required by the
  104  court to pay restitution for all of the costs and damages
  105  arising from the criminal conduct.
  106         Section 3. Section 836.12, Florida Statutes, is created to
  107  read:
  108         836.12Threats.—
  109         (1) As used in this section, the term:
  110         (a) “Family member” means:
  111         1.An individual related to another individual by blood or
  112  marriage; or
  113         2.An individual who stands in loco parentis to another
  114  individual.
  115         (b)“Law enforcement officer” means:
  116         1.A law enforcement officer as defined in s. 943.10; or
  117         2.A federal law enforcement officer as defined in s.
  118  901.1505.
  119         (2)Any person who threatens a law enforcement officer, a
  120  state attorney, an assistant state attorney, a firefighter, a
  121  judge, or an elected official, or a family member of such
  122  persons, with death or serious bodily harm commits a misdemeanor
  123  of the first degree, punishable as provided in s. 775.082 or s.
  124  775.083.
  125         (3) A person who commits a second or subsequent violation
  126  of subsection (2) commits a felony of the third degree,
  127  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  128         Section 4. Paragraphs (e) and (f) of subsection (3) of
  129  section 921.0022, Florida Statutes, are amended to read:
  130         921.0022 Criminal Punishment Code; offense severity ranking
  131  chart.—
  132         (3) OFFENSE SEVERITY RANKING CHART
  133         (e) LEVEL 5
  134  
  135  FloridaStatute              FelonyDegree        Description        
  136  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  137  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  138  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  139  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  140  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  141  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  142  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  143  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  144  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  145  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  146  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  147  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  148  790.01(2)                        3rd     Carrying a concealed firearm.
  149  790.162                          2nd     Threat to throw or discharge destructive device.
  150  790.163(1)                       2nd     False report of bomb, deadly explosive, or weapon of mass destruction, or use of firearms in violent manner.
  151  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  152  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  153  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  154  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  155  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  156  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  157  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  158  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  159  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  160  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  161  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  162  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  163  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  164  817.2341(1), (2)(a) & (3)(a)     3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  165  817.568(2)(b)                    2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  166  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  167  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  168  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  169  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  170  839.13(2)(b)                     2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  171  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  172  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  173  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  174  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  175  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  176  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  177  893.13(1)(a)1.                   2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  178  893.13(1)(c)2.                   2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  179  893.13(1)(d)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  180  893.13(1)(e)2.                   2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  181  893.13(1)(f)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  182  893.13(4)(b)                     2nd     Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  183  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  184  
  185  
  186         (f) LEVEL 6
  187  
  188  FloridaStatute      FelonyDegree             Description             
  189  316.027(2)(b)          2nd    Leaving the scene of a crash involving serious bodily injury.
  190  316.193(2)(b)          3rd    Felony DUI, 4th or subsequent conviction.
  191  400.9935(4)(c)         2nd    Operating a clinic, or offering services requiring licensure, without a license.
  192  499.0051(3)            2nd    Knowing forgery of pedigree papers.  
  193  499.0051(4)            2nd    Knowing purchase or receipt of prescription drug from unauthorized person.
  194  499.0051(5)            2nd    Knowing sale or transfer of prescription drug to unauthorized person.
  195  775.0875(1)            3rd    Taking firearm from law enforcement officer.
  196  784.021(1)(a)          3rd    Aggravated assault; deadly weapon without intent to kill.
  197  784.021(1)(b)          3rd    Aggravated assault; intent to commit felony.
  198  784.041                3rd    Felony battery; domestic battery by strangulation.
  199  784.048(3)             3rd    Aggravated stalking; credible threat.
  200  784.048(5)             3rd    Aggravated stalking of person under 16.
  201  784.07(2)(c)           2nd    Aggravated assault on law enforcement officer.
  202  784.074(1)(b)          2nd    Aggravated assault on sexually violent predators facility staff.
  203  784.08(2)(b)           2nd    Aggravated assault on a person 65 years of age or older.
  204  784.081(2)             2nd    Aggravated assault on specified official or employee.
  205  784.082(2)             2nd    Aggravated assault by detained person on visitor or other detainee.
  206  784.083(2)             2nd    Aggravated assault on code inspector.
  207  787.02(2)              3rd    False imprisonment; restraining with purpose other than those in s. 787.01.
  208  790.115(2)(d)          2nd    Discharging firearm or weapon on school property.
  209  790.161(2)             2nd    Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  210  790.164(1)             2nd    False report concerning bomb, of deadly explosive, weapon of mass destruction, or act of arson or violence to state property, or use of firearms in violent manner.
  211  790.19                 2nd    Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  212  794.011(8)(a)          3rd    Solicitation of minor to participate in sexual activity by custodial adult.
  213  794.05(1)              2nd    Unlawful sexual activity with specified minor.
  214  800.04(5)(d)           3rd    Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  215  800.04(6)(b)           2nd    Lewd or lascivious conduct; offender 18 years of age or older.
  216  806.031(2)             2nd    Arson resulting in great bodily harm to firefighter or any other person.
  217  810.02(3)(c)           2nd    Burglary of occupied structure; unarmed; no assault or battery.
  218  810.145(8)(b)          2nd    Video voyeurism; certain minor victims; 2nd or subsequent offense.
  219  812.014(2)(b)1.        2nd    Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  220  812.014(6)             2nd    Theft; property stolen $3,000 or more; coordination of others.
  221  812.015(9)(a)          2nd    Retail theft; property stolen $300 or more; second or subsequent conviction.
  222  812.015(9)(b)          2nd    Retail theft; property stolen $3,000 or more; coordination of others.
  223  812.13(2)(c)           2nd    Robbery, no firearm or other weapon (strong-arm robbery).
  224  817.4821(5)            2nd    Possess cloning paraphernalia with intent to create cloned cellular telephones.
  225  825.102(1)             3rd    Abuse of an elderly person or disabled adult.
  226  825.102(3)(c)          3rd    Neglect of an elderly person or disabled adult.
  227  825.1025(3)            3rd    Lewd or lascivious molestation of an elderly person or disabled adult.
  228  825.103(3)(c)          3rd    Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  229  827.03(2)(c)           3rd    Abuse of a child.                    
  230  827.03(2)(d)           3rd    Neglect of a child.                  
  231  827.071(2) & (3)       2nd    Use or induce a child in a sexual performance, or promote or direct such performance.
  232  836.05                 2nd    Threats; extortion.                  
  233  836.10                 2nd    Written threats to kill or do bodily injury.
  234  843.12                 3rd    Aids or assists person to escape.    
  235  847.011                3rd    Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  236  847.012                3rd    Knowingly using a minor in the production of materials harmful to minors.
  237  847.0135(2)            3rd    Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  238  914.23                 2nd    Retaliation against a witness, victim, or informant, with bodily injury.
  239  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.
  240  944.40                 2nd    Escapes.                             
  241  944.46                 3rd    Harboring, concealing, aiding escaped prisoners.
  242  944.47(1)(a)5.         2nd    Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  243  951.22(1)              3rd    Intoxicating drug, firearm, or weapon introduced into county facility.
  244         Section 5. For the purpose of incorporating the amendment
  245  made by this act to section 790.163, Florida Statutes, in a
  246  reference thereto, paragraph (m) of subsection (2) of section
  247  1006.07, Florida Statutes, is reenacted to read:
  248         1006.07 District school board duties relating to student
  249  discipline and school safety.—The district school board shall
  250  provide for the proper accounting for all students, for the
  251  attendance and control of students at school, and for proper
  252  attention to health, safety, and other matters relating to the
  253  welfare of students, including:
  254         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  255  conduct for elementary schools and a code of student conduct for
  256  middle and high schools and distribute the appropriate code to
  257  all teachers, school personnel, students, and parents, at the
  258  beginning of every school year. Each code shall be organized and
  259  written in language that is understandable to students and
  260  parents and shall be discussed at the beginning of every school
  261  year in student classes, school advisory council meetings, and
  262  parent and teacher association or organization meetings. Each
  263  code shall be based on the rules governing student conduct and
  264  discipline adopted by the district school board and shall be
  265  made available in the student handbook or similar publication.
  266  Each code shall include, but is not limited to:
  267         (m) Notice that any student who is determined to have made
  268  a threat or false report, as defined by ss. 790.162 and 790.163,
  269  respectively, involving school or school personnel’s property,
  270  school transportation, or a school-sponsored activity will be
  271  expelled, with or without continuing educational services, from
  272  the student’s regular school for a period of not less than 1
  273  full year and referred for criminal prosecution. District school
  274  boards may assign the student to a disciplinary program or
  275  second chance school for the purpose of continuing educational
  276  services during the period of expulsion. District school
  277  superintendents may consider the 1-year expulsion requirement on
  278  a case-by-case basis and request the district school board to
  279  modify the requirement by assigning the student to a
  280  disciplinary program or second chance school if it is determined
  281  to be in the best interest of the student and the school system.
  282         Section 6. For the purpose of incorporating the amendment
  283  made by this act to section 790.163, Florida Statutes, in a
  284  reference thereto, paragraph (b) of subsection (3) of section
  285  1006.13, Florida Statutes, is reenacted to read:
  286         1006.13 Policy of zero tolerance for crime and
  287  victimization.—
  288         (3) Zero-tolerance policies must require students found to
  289  have committed one of the following offenses to be expelled,
  290  with or without continuing educational services, from the
  291  student’s regular school for a period of not less than 1 full
  292  year, and to be referred to the criminal justice or juvenile
  293  justice system.
  294         (b) Making a threat or false report, as defined by ss.
  295  790.162 and 790.163, respectively, involving school or school
  296  personnel’s property, school transportation, or a school
  297  sponsored activity.
  298  
  299  District school boards may assign the student to a disciplinary
  300  program for the purpose of continuing educational services
  301  during the period of expulsion. District school superintendents
  302  may consider the 1-year expulsion requirement on a case-by-case
  303  basis and request the district school board to modify the
  304  requirement by assigning the student to a disciplinary program
  305  or second chance school if the request for modification is in
  306  writing and it is determined to be in the best interest of the
  307  student and the school system. If a student committing any of
  308  the offenses in this subsection is a student who has a
  309  disability, the district school board shall comply with
  310  applicable State Board of Education rules.
  311         Section 7. This act shall take effect October 1, 2016.