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.