Florida Senate - 2020                                     SB 728
       By Senator Stargel
       22-00645A-20                                           2020728__
    1                        A bill to be entitled                      
    2         An act relating to threats; amending s. 790.162, F.S.;
    3         prohibiting threats to use a firearm or weapon with
    4         specified intent; providing criminal penalties;
    5         amending s. 921.0022, F.S.; conforming a provision to
    6         changes made by the act; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Section 790.162, Florida Statutes, is amended to
   11  read:
   12         790.162 Threats involving a firearm, weapon, or Threat to
   13  throw, project, place, or discharge any destructive device,
   14  felony; penalty.—
   15         (1) It is unlawful for any person to threaten:
   16         (a)The use of a firearm or any weapon; or
   17         (b) To threaten to throw, project, place, or discharge any
   18  destructive device,
   20  with intent to do bodily harm to any person or with intent to do
   21  damage to any property of any person.
   22         (2)A, and any person who violates subsection (1) convicted
   23  thereof commits a felony of the second degree, punishable as
   24  provided in s. 775.082, s. 775.083, or s. 775.084.
   25         Section 2. Paragraph (e) of subsection (3) of section
   26  921.0022, Florida Statutes, is amended to read:
   27         921.0022 Criminal Punishment Code; offense severity ranking
   28  chart.—
   30         (e) LEVEL 5
   32  FloridaStatute    FelonyDegree           Description            
   33  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   34  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
   35  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
   36  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   37  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
   38  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.
   39  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   40  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
   41  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
   42  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
   43  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
   44  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   45  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   46  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
   47  790.01(2)            3rd   Carrying a concealed firearm.     
   48  790.162              2nd   Threat involving firearm, weapon, or to throw or discharge destructive device.
   49  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
   50  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
   51  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
   52  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
   53  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
   54  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
   55  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   56  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   57  812.015(8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
   58  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
   59  812.131(2)(b)        3rd   Robbery by sudden snatching.      
   60  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
   61  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
   62  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
   63  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.
   64  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.
   65  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
   66  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
   67  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
   68  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
   69  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
   70  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
   71  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.
   72  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
   73  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
   74  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
   75  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
   76  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
   77  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
   78  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)5. drugs).
   79  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
   80  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)5. drugs) within 1,000 feet of university.
   81  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
   82  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)5. drugs) within 1,000 feet of public housing facility.
   83  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
   84  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
   85         Section 3. This act shall take effect October 1, 2020.