HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 1 of 37 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 A bill to be entitled 1 An act relating to offenses committed against 2 religious service participants; amending s. 784.048, 3 F.S.; providing increased criminal penalties for 4 certain stalking or ethnic intimidation offenses 5 committed in religious institutions while the victim 6 is on the property for the purpose of participating in 7 or attending a religious service; amending s. 8 921.0022, F.S.; conforming provisions; ranking an 9 offense on the offense severity ranking chart of the 10 Criminal Punishment Code; amending s. 1006.147, F.S.; 11 correcting a cross-reference; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (1), (2), and (3) of section 17 784.048, Florida Statutes, are amended to read: 18 784.048 Stalking; definitions; penalties. — 19 (1) As used in this section, the term: 20 (a)(b) "Course of conduct" means a pattern of conduct 21 composed of a series of acts over a period of t ime, however 22 short, which evidences a continuity of purpose. The term does 23 not include constitutionally protected activity such as 24 picketing or other organized protests. 25 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 2 of 37 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 (b)(c) "Credible threat" means a verbal or nonverbal 26 threat, or a combination of the two, including threats delivered 27 by electronic communication or implied by a pattern of conduct, 28 which places the person who is the target of the threat in 29 reasonable fear for his or her safety or the safety of his or 30 her family members or individuals clo sely associated with the 31 person, and which is made with the apparent ability to carry out 32 the threat to cause such harm. It is not necessary to prove that 33 the person making the threat had the intent to actually carry 34 out the threat. The present incarcerati on of the person making 35 the threat is not a bar to prosecution under this section. 36 (c)(d) "Cyberstalk" means: 37 1. To engage in a course of conduct to communicate, or to 38 cause to be communicated, directly or indirectly, words, images, 39 or language by or through the use of electronic mail or 40 electronic communication, directed at or pertaining to a 41 specific person; or 42 2. To access, or attempt to access, the online accounts or 43 Internet-connected home electronic systems of another person 44 without that person' s permission, 45 46 causing substantial emotional distress to that person and 47 serving no legitimate purpose. 48 (d) "Ethnic intimidation" describes when a person 49 maliciously, and with specific intent to intimidate or harass 50 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 3 of 37 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 another person because of that person' s race, color, religion, 51 gender, or national origin, does any of the following: 52 1. Causes physical contact with another person. 53 2. Damages, destroys, or defaces any real or personal 54 property of another person. 55 3. Threatens, by word or act, to do an act described in 56 subparagraph 1. or subparagraph 2., if there is reasonable cause 57 to believe that an act described in subparagraph 1. or 58 subparagraph 2. will occur. 59 (e)(a) "Harass" means to engage in a course of conduct 60 directed at a specific person whic h causes substantial emotional 61 distress to that person and serves no legitimate purpose. 62 (2)(a) Except as provided in paragraph (b), a person who 63 willfully, maliciously, and repeatedly follows, harasses, or 64 cyberstalks another person commits the offense of stalking, a 65 misdemeanor of the first degree, punishable as provided in s. 66 775.082 or s. 775.083. 67 (b) A person who willfully and maliciously follows or 68 harasses another person or engages in ethnic intimidation of a 69 person while that person is on the pr operty of a religious 70 institution for the purpose of participating in or attending a 71 religious service or within 1,000 feet of such property, as 72 those terms are defined in s. 775.0861, commits a felony of the 73 third degree, punishable as provided in s. 775. 082, s. 775.083, 74 or s. 775.084. 75 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 4 of 37 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 (3)(a) Except as provided in paragraph (b), a person who 76 willfully, maliciously, and repeatedly follows, harasses, or 77 cyberstalks another person and makes a credible threat to that 78 person commits the offense of aggravated stalking, a felony of 79 the third degree, punishable as provided in s. 775.082, s. 80 775.083, or s. 775.084. 81 (b) A person who willfully and maliciously follows or 82 harasses another person or engages in ethnic intimidation of a 83 person and makes a credible thre at to that person while that 84 person is on the property of a religious institution, as those 85 terms are defined in s. 775.0861, for the purpose of 86 participating in or attending a religious service or within 87 1,000 feet of such property commits a felony of the second 88 degree, punishable as provided in s. 775.082, s. 775.083, or s. 89 775.084. 90 Section 2. Paragraphs (f) and (g) of subsection (3) of 91 section 921.0022, Florida Statutes, are amended to read: 92 921.0022 Criminal Punishment Code; offense severity 93 ranking chart.— 94 (3) OFFENSE SEVERITY RANKING CHART 95 (f) LEVEL 6 96 97 Florida Statute Felony Degree Description 98 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 5 of 37 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 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 o f 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 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 6 of 37 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 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) 784.048(3) 3rd Aggravated stalking; credible 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 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 7 of 37 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 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, HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 8 of 37 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 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. HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 9 of 37 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 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 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 10 of 37 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 property stolen within 30 days is $3,000 or more; coordination of others. 132 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 133 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 134 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 135 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 136 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 137 825.102(1) 3rd Abuse of an elderly person or disabled adult. 138 825.102(3)(c) 3rd Neglect of an elderly person or HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 11 of 37 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 disabled adult. 139 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 140 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 141 827.03(2)(c) 3rd Abuse of a child. 142 827.03(2)(d) 3rd Neglect of a child. 143 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 144 828.126(3) 3rd Sexual activities involving animals. 145 836.05 2nd Threats; extortion. 146 836.10 2nd Written or electronic threats to kill, do bodily injury, or HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 12 of 37 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 conduct a mass shooting or an act of terrorism. 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. 152 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 13 of 37 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 capital felony. 153 944.35(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. 154 944.40 2nd Escapes. 155 944.46 3rd Harboring, concealing, aiding escaped prisoners. 156 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 157 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 158 (g) LEVEL 7 159 160 Florida Statute Felony Degree Description HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 14 of 37 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 161 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 162 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 163 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; 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. 164 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 165 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 166 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 15 of 37 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 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 167 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 168 456.065(2) 3rd Practicing a health care profession without a license. 169 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 170 458.327(1) 3rd Practicing medicine without a license. 171 459.013(1) 3rd Practicing osteopathic medicine without a license. 172 460.411(1) 3rd Practicing chiropractic medicine without a license. 173 461.012(1) 3rd Practicing podiatric medicine HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 16 of 37 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 without a license. 174 462.17 3rd Practicing naturopathy without a license. 175 463.015(1) 3rd Practicing optometry without a license. 176 464.016(1) 3rd Practicing nursing without a license. 177 465.015(2) 3rd Practicing pharmacy without a license. 178 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 179 467.201 3rd Practicing midwifery without a license. 180 468.366 3rd Delivering respiratory care services without a license. 181 483.828(1) 3rd Practicing as clinical laboratory personnel without a HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 17 of 37 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 license. 182 483.901(7) 3rd Practicing medical physics without a license. 183 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 184 484.053 3rd Dispensing hearing aids without a license. 185 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 186 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 187 560.125(5)(a) 3rd Money services business by unauthorized person, currency HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 18 of 37 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 or payment instruments exceeding $300 but less than $20,000. 188 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 189 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 190 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 191 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 192 782.051(3) 2nd Attempted felony murder of a person by a person other than HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 19 of 37 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 the perpetrator or the perpetrator of an attempted felony. 193 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 194 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 195 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 196 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 197 784.045(1)(a)2. 2nd Aggravated battery; using HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 20 of 37 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 deadly weapon. 198 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 199 784.048(3)(b) 2nd Stalking or ethnic i ntimidation in religious institution; credible threat. 200 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 201 784.048(7) 3rd Aggravated stalking; violation of court order. 202 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 203 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 204 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 205 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 21 of 37 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 784.081(1) 1st Aggravated battery on specified official or employee. 206 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 207 784.083(1) 1st Aggravated battery on code inspector. 208 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 209 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 210 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 211 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 22 of 37 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 790.16(1) 1st Discharge of a machine gun under specified circumstances. 212 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 213 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 214 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 215 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 216 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 23 of 37 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 217 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. 218 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 219 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 220 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 221 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 222 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 24 of 37 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 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 223 806.01(2) 2nd Maliciously damage structure by fire or explosive. 224 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 225 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 226 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 227 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 228 812.014(2)(a)1. 1st Property stolen, valued at HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 25 of 37 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 $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 229 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 230 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 231 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 232 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 233 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 26 of 37 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 in stolen property. 234 812.131(2)(a) 2nd Robbery by sudden snatching. 235 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 236 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 237 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 238 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 239 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 240 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 27 of 37 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 of an insuring entity which are a significant cause of the insolvency of that entity. 241 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 242 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 243 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 244 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 245 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 246 825.103(3)(b) 2nd Exploiting an elderly person or HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 28 of 37 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 disabled adult and property is valued at $10,000 or more, but less than $50,000. 247 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disabilit y, or disfigurement. 248 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 249 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 250 838.015 2nd Bribery. 251 838.016 2nd Unlawful compensation or reward for official behavior. 252 838.021(3)(a) 2nd Unlawful harm to a public servant. 253 838.22 2nd Bid tampering. HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 29 of 37 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 254 843.0855(2) 3rd Impersonation of a public officer or employee. 255 843.0855(3) 3rd Unlawful simulation of legal process. 256 843.0855(4) 3rd Intimidation of a public officer or employee. 257 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 258 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 259 872.06 2nd Abuse of a dead human body. 260 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 261 874.10 1st,PBL Knowingly initiates, organizes, HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 30 of 37 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 plans, finances, directs, manages, or supervises criminal gang-related activity. 262 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municip al park or publicly owned recreational facility or community center. 263 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site. 264 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 31 of 37 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 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 265 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 266 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 267 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 268 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 269 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 270 893.135 1st Trafficking in oxycodone, 7 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 32 of 37 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 (1)(c)3.a. grams or more, less than 14 grams. 271 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 272 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 273 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 274 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 275 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 276 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 33 of 37 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 grams. 277 893.135 (1)(h)1.a. 1st Trafficking in gamma - hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 278 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 279 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 280 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 281 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 282 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 34 of 37 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 more, less than 100 grams. 283 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 284 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 285 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 286 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 287 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 35 of 37 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 288 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 289 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 290 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 291 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 292 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 293 944.607(12) 3rd Failure to report or providing HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 36 of 37 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 false information about a sexual offender; harbor or conceal a sexual offender. 294 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 295 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 296 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 297 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 298 HB 245 2023 CODING: Words stricken are deletions; words underlined are additions. hb0245-00 Page 37 of 37 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 Section 3. Paragraph (e) of subsection (3) of section 299 1006.147, Florida Statutes, is amended to read: 300 1006.147 Bullying and harassment prohibited. — 301 (3) For purposes of this section: 302 (e) Definitions in s. 815.03 and the definition in s. 303 784.048(1)(c) 784.048(1)(d) relating to stalking are applicable 304 to this section. 305 Section 4. This act shall take effect October 1, 2023. 306