Florida Senate - 2020 CS for CS for SB 728
By the Committees on Criminal Justice; and Infrastructure and
Security; and Senators Stargel and Hutson
591-03085-20 2020728c2
1 A bill to be entitled
2 An act relating to threats; amending s. 790.162, F.S.;
3 decreasing the criminal penalty for threatening to
4 throw, project, place, or discharge any destructive
5 device with intent to do bodily harm to any person or
6 with intent to do damage to any property of any
7 person; prohibiting threats to use a firearm or weapon
8 with specified intent; providing applicability;
9 providing criminal penalties; amending s. 921.0022,
10 F.S.; conforming provisions to changes made by the
11 act; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 790.162, Florida Statutes, is amended to
16 read:
17 790.162 Threats involving a firearm, weapon, or Threat to
18 throw, project, place, or discharge any destructive device,
19 felony; penalty.—
20 (1) It is unlawful for any person to threaten to throw,
21 project, place, or discharge any destructive device with intent
22 to do bodily harm to any person or with intent to do damage to
23 any property of any person. A person who violates this
24 subsection, and any person convicted thereof commits a felony of
25 the third second degree, punishable as provided in s. 775.082,
26 s. 775.083, or s. 775.084.
27 (2) It is unlawful for any person to threaten the use of a
28 firearm or any weapon at a child care facility as defined in s.
29 402.302, a school as defined in s. 790.115(2)(a), a religious
30 institution as defined in s. 496.404(23), a theme park complex
31 as defined in s. 817.361(1)(c), or any building owned by a
32 federal, state, county, municipality, or other local government
33 or political subdivision, with intent to do bodily harm to any
34 person or with intent to do damage to any of the listed
35 properties, if the threat is sufficient to cause alarm in a
36 reasonable person. A person who violates this subsection commits
37 a felony of the third degree, punishable as provided in s.
38 775.082, s. 775.083, or s. 775.084.
39 (3) A person does not violate subsection (2) if he or she
40 uses or threatens to use a firearm or any other weapon in lawful
41 self-defense, lawful defense of others, or lawful defense of
42 property.
43 Section 2. Paragraph (e) of subsection (3) of section
44 921.0022, Florida Statutes, is amended to read:
45 921.0022 Criminal Punishment Code; offense severity ranking
46 chart.—
47 (3) OFFENSE SEVERITY RANKING CHART
48 (e) LEVEL 5
49
50 FloridaStatute FelonyDegree Description
51 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
52 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
53 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
54 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
55 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
56 379.365(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.
57 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
58 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
59 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
60 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
61 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
62 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
63 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
64 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
65 790.01(2) 3rd Carrying a concealed firearm.
66 790.162(1)790.162 3rd 2nd Threat to throw or discharge destructive device.
67 790.162(2) 3rd Threat involving firearm or weapon.
68 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
69 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
70 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
71 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
72 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
73 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
74 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
75 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
76 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
77 812.019(1) 2nd Stolen property; dealing in or trafficking in.
78 812.131(2)(b) 3rd Robbery by sudden snatching.
79 812.16(2) 3rd Owning, operating, or conducting a chop shop.
80 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
81 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
82 817.2341(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.
83 817.568(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.
84 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
85 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
86 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
87 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
88 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
89 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
90 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
91 843.01 3rd Resist officer with violence to person; resist arrest with violence.
92 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
93 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
94 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
95 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
96 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
97 893.13(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).
98 893.13(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.
99 893.13(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.
100 893.13(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.
101 893.13(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.
102 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
103 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
104 Section 3. This act shall take effect October 1, 2020.