F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 245 2023
1 A bill to be entitled
2 An act relating to offenses committed against
3 religious service participants; amending s. 784.048,
4 F.S.; providing increased criminal penalties for
5 certain stalking or ethnic intimidation offenses
6 committed in religious institutions while the victim
7 is on the property for the purpose of participating in
8 or attending a religious service; amending s.
9 921.0022, F.S.; conforming provisions; ranking an
10 offense on the offense severity ranking chart of the
11 Criminal Punishment Code; amending s. 1006.147, F.S.;
12 correcting a cross-reference; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (1), (2), and (3) of section
18 784.048, Florida Statutes, are amended to read:
19 784.048 Stalking; definitions; penalties.—
20 (1) As used in this section, the term:
21 (a)(b) "Course of conduct" means a pattern of conduct
22 composed of a series of acts over a period of time, however
23 short, which evidences a continuity of purpose. The term does
24 not include constitutionally protected activity such as
25 picketing or other organized protests.
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26 (b)(c) "Credible threat" means a verbal or nonverbal
27 threat, or a combination of the two, including threats delivered
28 by electronic communication or implied by a pattern of conduct,
29 which places the person who is the target of the threat in
30 reasonable fear for his or her safety or the safety of his or
31 her family members or individuals closely associated with the
32 person, and which is made with the apparent ability to carry out
33 the threat to cause such harm. It is not necessary to prove that
34 the person making the threat had the intent to actually carry
35 out the threat. The present incarceration of the person making
36 the threat is not a bar to prosecution under this section.
37 (c)(d) "Cyberstalk" means:
38 1. To engage in a course of conduct to communicate, or to
39 cause to be communicated, directly or indirectly, words, images,
40 or language by or through the use of electronic mail or
41 electronic communication, directed at or pertaining to a
42 specific person; or
43 2. To access, or attempt to access, the online accounts or
44 Internet-connected home electronic systems of another person
45 without that person's permission,
46
47 causing substantial emotional distress to that person and
48 serving no legitimate purpose.
49 (d) "Ethnic intimidation" describes when a person
50 maliciously, and with specific intent to intimidate or harass
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51 another person because of that person's race, color, religion,
52 gender, or national origin, does any of the following:
53 1. Causes physical contact with another person.
54 2. Damages, destroys, or defaces any real or personal
55 property of another person.
56 3. Threatens, by word or act, to do an act described in
57 subparagraph 1. or subparagraph 2., if there is reasonable cause
58 to believe that an act described in subparagraph 1. or
59 subparagraph 2. will occur.
60 (e)(a) "Harass" means to engage in a course of conduct
61 directed at a specific person which causes substantial emotional
62 distress to that person and serves no legitimate purpose.
63 (2)(a) Except as provided in paragraph (b), a person who
64 willfully, maliciously, and repeatedly follows, harasses, or
65 cyberstalks another person commits the offense of stalking, a
66 misdemeanor of the first degree, punishable as provided in s.
67 775.082 or s. 775.083.
68 (b) A person who willfully and maliciously follows or
69 harasses another person or engages in ethnic intimidation of a
70 person while that person is on the property of a religious
71 institution for the purpose of participating in or attending a
72 religious service or within 1,000 feet of such property, as
73 those terms are defined in s. 775.0861, commits a felony of the
74 third degree, punishable as provided in s. 775.082, s. 775.083,
75 or s. 775.084.
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76 (3)(a) Except as provided in paragraph (b), a person who
77 willfully, maliciously, and repeatedly follows, harasses, or
78 cyberstalks another person and makes a credible threat to that
79 person commits the offense of aggravated stalking, a felony of
80 the third degree, punishable as provided in s. 775.082, s.
81 775.083, or s. 775.084.
82 (b) A person who willfully and maliciously follows or
83 harasses another person or engages in ethnic intimidation of a
84 person and makes a credible threat to that person while that
85 person is on the property of a religious institution, as those
86 terms are defined in s. 775.0861, for the purpose of
87 participating in or attending a religious service or within
88 1,000 feet of such property commits a felony of the second
89 degree, punishable as provided in s. 775.082, s. 775.083, or s.
90 775.084.
91 Section 2. Paragraphs (f) and (g) of subsection (3) of
92 section 921.0022, Florida Statutes, are amended to read:
93 921.0022 Criminal Punishment Code; offense severity
94 ranking chart.—
95 (3) OFFENSE SEVERITY RANKING CHART
96 (f) LEVEL 6
97
Florida Felony Description
Statute Degree
98
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316.027(2)(b) 2nd Leaving the scene of a crash
involving serious bodily
injury.
99
316.193(2)(b) 3rd Felony DUI, 4th or subsequent
conviction.
100
400.9935(4)(c) 2nd Operating a clinic, or offering
services requiring licensure,
without a license.
101
499.0051(2) 2nd Knowing forgery of transaction
history, transaction
information, or transaction
statement.
102
499.0051(3) 2nd Knowing purchase or receipt of
prescription drug from
unauthorized person.
103
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
104
775.0875(1) 3rd Taking firearm from law
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enforcement officer.
105
784.021(1)(a) 3rd Aggravated assault; deadly
weapon without intent to kill.
106
784.021(1)(b) 3rd Aggravated assault; intent to
commit felony.
107
784.041 3rd Felony battery; domestic
battery by strangulation.
108
784.048(3)(a) 3rd Aggravated stalking; credible
784.048(3) threat.
109
784.048(5) 3rd Aggravated stalking of person
under 16.
110
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
111
784.074(1)(b) 2nd Aggravated assault on sexually
violent predators facility
staff.
112
784.08(2)(b) 2nd Aggravated assault on a person
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65 years of age or older.
113
784.081(2) 2nd Aggravated assault on specified
official or employee.
114
784.082(2) 2nd Aggravated assault by detained
person on visitor or other
detainee.
115
784.083(2) 2nd Aggravated assault on code
inspector.
116
787.02(2) 3rd False imprisonment; restraining
with purpose other than those
in s. 787.01.
117
790.115(2)(d) 2nd Discharging firearm or weapon
on school property.
118
790.161(2) 2nd Make, possess, or throw
destructive device with intent
to do bodily harm or damage
property.
119
790.164(1) 2nd False report concerning bomb,
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explosive, weapon of mass
destruction, act of arson or
violence to state property, or
use of firearms in violent
manner.
120
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
121
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual activity
by custodial adult.
122
794.05(1) 2nd Unlawful sexual activity with
specified minor.
123
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.
124
800.04(6)(b) 2nd Lewd or lascivious conduct;
offender 18 years of age or
older.
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125
806.031(2) 2nd Arson resulting in great bodily
harm to firefighter or any
other person.
126
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed; no assault or battery.
127
810.145(8)(b) 2nd Video voyeurism; certain minor
victims; 2nd or subsequent
offense.
128
812.014(2)(b)1. 2nd Property stolen $20,000 or
more, but less than $100,000,
grand theft in 2nd degree.
129
812.014(6) 2nd Theft; property stolen $3,000
or more; coordination of
others.
130
812.015(9)(a) 2nd Retail theft; property stolen
$750 or more; second or
subsequent conviction.
131
812.015(9)(b) 2nd Retail theft; aggregated
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property stolen within 30 days