Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 728
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Stargel) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 35 - 105
    4  and insert:
    5         (1) It is unlawful for any person to threaten to throw,
    6  project, place, or discharge any destructive device with intent
    7  to do bodily harm to any person or with intent to do damage to
    8  any property of any person.,and any person convicted thereof A
    9  person who violates this subsection commits a felony of the
   10  second degree, punishable as provided in s. 775.082, s. 775.083,
   11  or s. 775.084.
   12         (2) It is unlawful for any person to threaten the use of a
   13  firearm or any weapon with intent to do bodily harm to any
   14  person or with intent to do damage to any property of any
   15  person, if the threat is sufficient to cause alarm in a
   16  reasonable person. A person who violates this subsection commits
   17  a felony of the third degree, punishable as provided in s.
   18  775.082, s. 775.083, or s. 775.084.
   19         (3) A person does not violate subsection (2) if he or she
   20  uses or threatens to use a firearm or any other weapon in lawful
   21  self-defense, lawful defense of others, or lawful defense of
   22  property.
   23         Section 2. Paragraph (e) of subsection (3) of section
   24  921.0022, Florida Statutes, is amended to read:
   25         921.0022 Criminal Punishment Code; offense severity ranking
   26  chart.—
   28         (e) LEVEL 5
   30  FloridaStatute    FelonyDegree           Description            
   31  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   32  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
   33  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
   34  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   35  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
   36  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
   37  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   38  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
   39  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
   40  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
   41  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
   42  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   43  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   44  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
   45  790.01(2)            3rd   Carrying a concealed firearm.     
   46  790.162(1)           2nd   Threat to throw or discharge destructive device.
   47  790.162(2)           3rd   Threat involving firearm or weapon.
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete lines 3 - 24
   53  and insert:
   54         prohibiting threats to use a firearm or weapon with
   55         specified intent; providing applicability; providing
   56         criminal penalties; amending s.