Florida Senate - 2018                              CS for SB 310
       
       
        
       By the Committee on Criminal Justice; and Senators Steube and
       Baxley
       
       
       
       
       591-02575-18                                           2018310c1
    1                        A bill to be entitled                      
    2         An act relating to threats to kill or do great bodily
    3         injury; amending s. 836.10, F.S.; prohibiting a person
    4         from making a threat to kill or do great bodily injury
    5         in a writing or other record and transmitting that
    6         threat in any manner that would allow another person
    7         to view the threat; deleting requirements that a
    8         threat be sent to a specific recipient to be
    9         prohibited; revising a criminal penalty; amending s.
   10         921.0022, F.S.; revising the ranking of the offense of
   11         making written threats to kill or do great bodily
   12         injury on the offense severity ranking chart of the
   13         Criminal Punishment Code; reenacting ss. 794.056(1)
   14         and 938.085, F.S., relating to the Rape Crisis Program
   15         Trust Fund and additional cost to fund rape crisis
   16         centers, respectively, to incorporate the amendments
   17         made to s. 836.10, F.S., in references thereto;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 836.10, Florida Statutes, is amended to
   23  read:
   24         836.10 Written threats to kill or do great bodily injury;
   25  punishment.—A Any person who makes a threat in a writing or
   26  other record, including an electronic record, writes or composes
   27  and also sends or procures the sending of any letter, inscribed
   28  communication, or electronic communication, whether such letter
   29  or communication be signed or anonymous, to any person,
   30  containing a threat to kill or to do great bodily injury to
   31  another the person and posts or transmits the threat in any
   32  manner that would allow another person to view the threat to
   33  whom such letter or communication is sent, or a threat to kill
   34  or do bodily injury to any member of the family of the person to
   35  whom such letter or communication is sent commits a felony of
   36  the third second degree, punishable as provided in s. 775.082,
   37  s. 775.083, or s. 775.084.
   38         Section 2. Paragraphs (d) and (f) of subsection (3) of
   39  section 921.0022, Florida Statutes, are amended to read:
   40         921.0022 Criminal Punishment Code; offense severity ranking
   41  chart.—
   42         (3) OFFENSE SEVERITY RANKING CHART
   43         (d) LEVEL 4
   44  
   45  FloridaStatute    FelonyDegree           Description            
   46  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.
   47  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
   48  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
   49  517.07(1)            3rd   Failure to register securities.   
   50  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
   51  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
   52  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
   53  784.075              3rd   Battery on detention or commitment facility staff.
   54  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
   55  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
   56  784.081(3)           3rd   Battery on specified official or employee.
   57  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
   58  784.083(3)           3rd   Battery on code inspector.        
   59  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
   60  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
   61  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
   62  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
   63  787.07               3rd   Human smuggling.                  
   64  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
   65  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
   66  790.115(2)(c)        3rd   Possessing firearm on school property.
   67  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
   68  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
   69  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
   70  810.06               3rd   Burglary; possession of tools.    
   71  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
   72  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
   73  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
   74  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
   75  817.505(4)(a)        3rd   Patient brokering.                
   76  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
   77  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
   78  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
   79  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
   80  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
   81  836.10               3rd   Written threats to kill or do great bodily injury.
   82  837.02(1)            3rd   Perjury in official proceedings.  
   83  837.021(1)           3rd   Make contradictory statements in official proceedings.
   84  838.022              3rd   Official misconduct.              
   85  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
   86  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
   87  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
   88  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
   89  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
   90  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
   91  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
   92  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).
   93  914.14(2)            3rd   Witnesses accepting bribes.       
   94  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
   95  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
   96  918.12               3rd   Tampering with jurors.            
   97  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
   98         (f) LEVEL 6
   99  
  100  FloridaStatute    FelonyDegree           Description            
  101  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  102  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  103  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  104  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  105  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  106  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  107  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  108  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  109  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  110  784.041              3rd   Felony battery; domestic battery by strangulation.
  111  784.048(3)           3rd   Aggravated stalking; credible threat.
  112  784.048(5)           3rd   Aggravated stalking of person under 16.
  113  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  114  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  115  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  116  784.081(2)           2nd   Aggravated assault on specified official or employee.
  117  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  118  784.083(2)           2nd   Aggravated assault on code inspector.
  119  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  120  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  121  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  122  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.
  123  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  124  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  125  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  126  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.
  127  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  128  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  129  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  130  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  131  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  132  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  133  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  134  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  135  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  136  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  137  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  138  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  139  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  140  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  141  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  142  827.03(2)(c)         3rd   Abuse of a child.                 
  143  827.03(2)(d)         3rd   Neglect of a child.               
  144  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  145  836.05               2nd   Threats; extortion.               
  146  836.10               2nd   Written threats to kill or do bodily injury.
  147  843.12               3rd   Aids or assists person to escape. 
  148  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  149  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  150  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  151  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  152  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.
  153  944.40               2nd   Escapes.                          
  154  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  155  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  156  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  157         Section 3. For the purpose of incorporating the amendment
  158  made by this act to section 836.10, Florida Statutes, in a
  159  reference thereto, subsection (1) of section 794.056, Florida
  160  Statutes, is reenacted to read:
  161         794.056 Rape Crisis Program Trust Fund.—
  162         (1) The Rape Crisis Program Trust Fund is created within
  163  the Department of Health for the purpose of providing funds for
  164  rape crisis centers in this state. Trust fund moneys shall be
  165  used exclusively for the purpose of providing services for
  166  victims of sexual assault. Funds credited to the trust fund
  167  consist of those funds collected as an additional court
  168  assessment in each case in which a defendant pleads guilty or
  169  nolo contendere to, or is found guilty of, regardless of
  170  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  171  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  172  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  173  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  174  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  175  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  176  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  177  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  178  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  179  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  180  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  181  fund also shall include revenues provided by law, moneys
  182  appropriated by the Legislature, and grants from public or
  183  private entities.
  184         Section 4. For the purpose of incorporating the amendment
  185  made by this act to section 836.10, Florida Statutes, in a
  186  reference thereto, section 938.085, Florida Statutes, is
  187  reenacted to read:
  188         938.085 Additional cost to fund rape crisis centers.—In
  189  addition to any sanction imposed when a person pleads guilty or
  190  nolo contendere to, or is found guilty of, regardless of
  191  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  192  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  193  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  194  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  195  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  196  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  197  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  198  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  199  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  200  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  201  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  202  $151. Payment of the surcharge shall be a condition of
  203  probation, community control, or any other court-ordered
  204  supervision. The sum of $150 of the surcharge shall be deposited
  205  into the Rape Crisis Program Trust Fund established within the
  206  Department of Health by chapter 2003-140, Laws of Florida. The
  207  clerk of the court shall retain $1 of each surcharge that the
  208  clerk of the court collects as a service charge of the clerk’s
  209  office.
  210         Section 5. This act shall take effect July 1, 2018.