Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 310
Ì430460tÎ430460
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/29/2018 .
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The Committee on Criminal Justice (Steube) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 836.10, Florida Statutes, is amended to
6 read:
7 836.10 Written threats to kill or do great bodily injury;
8 punishment.—A Any person who makes a threat in a writing or
9 other record, including an electronic record, writes or composes
10 and also sends or procures the sending of any letter, inscribed
11 communication, or electronic communication, whether such letter
12 or communication be signed or anonymous, to any person,
13 containing a threat to kill or to do great bodily injury to
14 another the person and posts or transmits the threat in any
15 manner that would allow another person to view the threat to
16 whom such letter or communication is sent, or a threat to kill
17 or do bodily injury to any member of the family of the person to
18 whom such letter or communication is sent commits a felony of
19 the third second degree, punishable as provided in s. 775.082,
20 s. 775.083, or s. 775.084.
21 Section 2. Paragraphs (d) and (f) of subsection (3) of
22 section 921.0022, Florida Statutes, are amended to read:
23 921.0022 Criminal Punishment Code; offense severity ranking
24 chart.—
25 (3) OFFENSE SEVERITY RANKING CHART
26 (d) LEVEL 4
27
28
29 FloridaStatute FelonyDegree Description
30 316.1935(3)(a) 2nd 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.
31 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
32 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
33 517.07(1) 3rd Failure to register securities.
34 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
35 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
36 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
37 784.075 3rd Battery on detention or commitment facility staff.
38 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
39 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
40 784.081(3) 3rd Battery on specified official or employee.
41 784.082(3) 3rd Battery by detained person on visitor or other detainee.
42 784.083(3) 3rd Battery on code inspector.
43 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
44 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
45 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
46 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
47 787.07 3rd Human smuggling.
48 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
49 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
50 790.115(2)(c) 3rd Possessing firearm on school property.
51 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
52 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
53 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
54 810.06 3rd Burglary; possession of tools.
55 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
56 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
57 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
58 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
59 817.505(4)(a) 3rd Patient brokering.
60 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
61 817.568(2)(a) 3rd Fraudulent use of personal identification information.
62 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
63 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
64 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
65 836.10 3rd Written threats to kill or do great bodily injury.
66 837.02(1) 3rd Perjury in official proceedings.
67 837.021(1) 3rd Make contradictory statements in official proceedings.
68 838.022 3rd Official misconduct.
69 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
70 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
71 843.021 3rd Possession of a concealed handcuff key by a person in custody.
72 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
73 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
74 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
75 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
76 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
77 914.14(2) 3rd Witnesses accepting bribes.
78 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
79 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
80 918.12 3rd Tampering with jurors.
81 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
82
83 (f) LEVEL 6
84
85
86 FloridaStatute FelonyDegree Description
87 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
88 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
89 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
90 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
91 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
92 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
93 775.0875(1) 3rd Taking firearm from law enforcement officer.
94 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
95 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
96 784.041 3rd Felony battery; domestic battery by strangulation.
97 784.048(3) 3rd Aggravated stalking; credible threat.
98 784.048(5) 3rd Aggravated stalking of person under 16.
99 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
100 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
101 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
102 784.081(2) 2nd Aggravated assault on specified official or employee.
103 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
104 784.083(2) 2nd Aggravated assault on code inspector.
105 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
106 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
107 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
108 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
109 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
110 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
111 794.05(1) 2nd Unlawful sexual activity with specified minor.
112 800.04(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.
113 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
114 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
115 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
116 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
117 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
118 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
119 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
120 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
121 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
122 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
123 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
124 825.102(1) 3rd Abuse of an elderly person or disabled adult.
125 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
126 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
127 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
128 827.03(2)(c) 3rd Abuse of a child.
129 827.03(2)(d) 3rd Neglect of a child.
130 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
131 836.05 2nd Threats; extortion.
132 836.10 2nd Written threats to kill or do bodily injury.
133 843.12 3rd Aids or assists person to escape.
134 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
135 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
136 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
137 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
138 944.35(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.
139 944.40 2nd Escapes.
140 944.46 3rd Harboring, concealing, aiding escaped prisoners.
141 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
142 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
143
144 Section 3. For the purpose of incorporating the amendment
145 made by this act to section 836.10, Florida Statutes, in a
146 reference thereto, subsection (1) of section 794.056, Florida
147 Statutes, is reenacted to read:
148 794.056 Rape Crisis Program Trust Fund.—
149 (1) The Rape Crisis Program Trust Fund is created within
150 the Department of Health for the purpose of providing funds for
151 rape crisis centers in this state. Trust fund moneys shall be
152 used exclusively for the purpose of providing services for
153 victims of sexual assault. Funds credited to the trust fund
154 consist of those funds collected as an additional court
155 assessment in each case in which a defendant pleads guilty or
156 nolo contendere to, or is found guilty of, regardless of
157 adjudication, an offense provided in s. 775.21(6) and (10)(a),
158 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
159 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
160 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
161 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
162 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
163 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
164 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
165 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
166 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
167 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
168 fund also shall include revenues provided by law, moneys
169 appropriated by the Legislature, and grants from public or
170 private entities.
171 Section 4. For the purpose of incorporating the amendment
172 made by this act to section 836.10, Florida Statutes, in a
173 reference thereto, section 938.085, Florida Statutes, is
174 reenacted to read:
175 938.085 Additional cost to fund rape crisis centers.—In
176 addition to any sanction imposed when a person pleads guilty or
177 nolo contendere to, or is found guilty of, regardless of
178 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
179 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
180 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
181 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
182 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
183 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
184 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
185 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
186 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
187 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
188 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
189 $151. Payment of the surcharge shall be a condition of
190 probation, community control, or any other court-ordered
191 supervision. The sum of $150 of the surcharge shall be deposited
192 into the Rape Crisis Program Trust Fund established within the
193 Department of Health by chapter 2003-140, Laws of Florida. The
194 clerk of the court shall retain $1 of each surcharge that the
195 clerk of the court collects as a service charge of the clerk’s
196 office.
197 Section 5. This act shall take effect July 1, 2018.
198
199 ================= T I T L E A M E N D M E N T ================
200 And the title is amended as follows:
201 Delete everything before the enacting clause
202 and insert:
203 A bill to be entitled
204 An act relating to threats to kill or do great bodily
205 injury; amending s. 836.10, F.S.; prohibiting a person
206 from making a threat to kill or do great bodily injury
207 in a writing or other record and transmitting that
208 threat in any manner that would allow another person
209 to view the threat; deleting requirements that a
210 threat be sent to a specific recipient to be
211 prohibited; revising a penalty; amending s. 921.0022,
212 F.S.; revising the ranking of the offense of making
213 written threats to kill or do great bodily injury on
214 the offense severity ranking chart of the Criminal
215 Punishment Code; reenacting ss. 794.056(1) and
216 938.085, F.S., relating to the Rape Crisis Program
217 Trust Fund and additional cost to fund rape crisis
218 centers, respectively, to incorporate the amendments
219 made by the act; providing an effective date.