Bill Text: FL S0916 | 2019 | Regular Session | Comm Sub


Bill Title: Technology Crimes

Spectrum: Bipartisan Bill

Status: (Failed) 2019-05-03 - Died in Appropriations [S0916 Detail]

Download: Florida-2019-S0916-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 916
       
       
        
       By the Committee on Criminal Justice; and Senator Pizzo
       
       
       
       
       
       591-02900-19                                           2019916c1
    1                        A bill to be entitled                      
    2         An act relating to technology crimes; amending s.
    3         784.048, F.S.; redefining the term “cyberstalk” as the
    4         term relates to prohibited acts; reenacting and
    5         amending s. 815.06, F.S.; providing that a person
    6         commits an offense against users of certain electronic
    7         devices if he or she willfully, knowingly, and
    8         exceeding authorization performs specified acts;
    9         providing criminal penalties; reenacting ss.
   10         790.065(2)(c), 794.056(1), 847.0141(4), 901.41(5),
   11         938.08, 938.085, 943.325(2)(g), 960.001(1)(b),
   12         985.265(3)(b), and 1006.147(3)(e), all relating to the
   13         crime of stalking, to incorporate the amendment made
   14         to s. 784.048, F.S., in references thereto; reenacting
   15         ss. 775.30(1) and (2), 775.33(2), 782.04(5), and
   16         934.07(3), F.S., all relating to a violation of s.
   17         815.06, F.S., to incorporate the amendment made to s.
   18         815.06, F.S., in references thereto; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (d) of subsection (1) of section
   24  784.048, Florida Statutes, is amended, and subsections (2)
   25  through (5), and (7) of that section are republished, to read:
   26         784.048 Stalking; definitions; penalties.—
   27         (1) As used in this section, the term:
   28         (d) “Cyberstalk” means:
   29         1. To engage in a course of conduct to communicate, or to
   30  cause to be communicated, words, images, or language by or
   31  through the use of electronic mail or electronic communication,
   32  directed at a specific person; or
   33         2. To access or attempt to access the online accounts or
   34  Internet-connected home electronic systems of another person
   35  without that person’s permission,
   36  
   37  causing substantial emotional distress to that person and
   38  serving no legitimate purpose.
   39         (2) A person who willfully, maliciously, and repeatedly
   40  follows, harasses, or cyberstalks another person commits the
   41  offense of stalking, a misdemeanor of the first degree,
   42  punishable as provided in s. 775.082 or s. 775.083.
   43         (3) A person who willfully, maliciously, and repeatedly
   44  follows, harasses, or cyberstalks another person and makes a
   45  credible threat to that person commits the offense of aggravated
   46  stalking, a felony of the third degree, punishable as provided
   47  in s. 775.082, s. 775.083, or s. 775.084.
   48         (4) A person who, after an injunction for protection
   49  against repeat violence, sexual violence, or dating violence
   50  pursuant to s. 784.046, or an injunction for protection against
   51  domestic violence pursuant to s. 741.30, or after any other
   52  court-imposed prohibition of conduct toward the subject person
   53  or that person’s property, knowingly, willfully, maliciously,
   54  and repeatedly follows, harasses, or cyberstalks another person
   55  commits the offense of aggravated stalking, a felony of the
   56  third degree, punishable as provided in s. 775.082, s. 775.083,
   57  or s. 775.084.
   58         (5) A person who willfully, maliciously, and repeatedly
   59  follows, harasses, or cyberstalks a child under 16 years of age
   60  commits the offense of aggravated stalking, a felony of the
   61  third degree, punishable as provided in s. 775.082, s. 775.083,
   62  or s. 775.084.
   63         (7) A person who, after having been sentenced for a
   64  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
   65  prohibited from contacting the victim of the offense under s.
   66  921.244, willfully, maliciously, and repeatedly follows,
   67  harasses, or cyberstalks the victim commits the offense of
   68  aggravated stalking, a felony of the third degree, punishable as
   69  provided in s. 775.082, s. 775.083, or s. 775.084.
   70         Section 2. Subsection (2) of section 815.06, Florida
   71  Statutes, is amended, subsection (3) of that section is
   72  reenacted, and subsection (1) of that section is republished, to
   73  read:
   74         815.06 Offenses against users of computers, computer
   75  systems, computer networks, and electronic devices.—
   76         (1) As used in this section, the term “user” means a person
   77  with the authority to operate or maintain a computer, computer
   78  system, computer network, or electronic device.
   79         (2) A person commits an offense against users of computers,
   80  computer systems, computer networks, or electronic devices if he
   81  or she willfully, knowingly, and without authorization or
   82  exceeding authorization:
   83         (a) Accesses or causes to be accessed any computer,
   84  computer system, computer network, or electronic device with
   85  knowledge that such access is unauthorized;
   86         (b) Disrupts or denies or causes the denial of the ability
   87  to transmit data to or from an authorized user of a computer,
   88  computer system, computer network, or electronic device, which,
   89  in whole or in part, is owned by, under contract to, or operated
   90  for, on behalf of, or in conjunction with another;
   91         (c) Destroys, takes, injures, or damages equipment or
   92  supplies used or intended to be used in a computer, computer
   93  system, computer network, or electronic device;
   94         (d) Destroys, injures, or damages any computer, computer
   95  system, computer network, or electronic device;
   96         (e) Introduces any computer contaminant into any computer,
   97  computer system, computer network, or electronic device; or
   98         (f) Engages in audio or video surveillance of an individual
   99  by accessing any inherent feature or component of a computer,
  100  computer system, computer network, or electronic device,
  101  including accessing the data or information of a computer,
  102  computer system, computer network, or electronic device that is
  103  stored by a third party.
  104         (3)(a) Except as provided in paragraphs (b) and (c), a
  105  person who violates subsection (2) commits a felony of the third
  106  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  107  775.084.
  108         (b) A person commits a felony of the second degree,
  109  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  110  if he or she violates subsection (2) and:
  111         1. Damages a computer, computer equipment or supplies, a
  112  computer system, or a computer network and the damage or loss is
  113  at least $5,000;
  114         2. Commits the offense for the purpose of devising or
  115  executing any scheme or artifice to defraud or obtain property;
  116         3. Interrupts or impairs a governmental operation or public
  117  communication, transportation, or supply of water, gas, or other
  118  public service; or
  119         4. Intentionally interrupts the transmittal of data to or
  120  from, or gains unauthorized access to, a computer, computer
  121  system, computer network, or electronic device belonging to any
  122  mode of public or private transit, as defined in s. 341.031.
  123         (c) A person who violates subsection (2) commits a felony
  124  of the first degree, punishable as provided in s. 775.082, s.
  125  775.083, or s. 775.084, if the violation:
  126         1. Endangers human life; or
  127         2. Disrupts a computer, computer system, computer network,
  128  or electronic device that affects medical equipment used in the
  129  direct administration of medical care or treatment to a person.
  130         Section 3. For the purpose of incorporating the amendment
  131  made by this act to section 784.048, Florida Statutes, in a
  132  reference thereto, paragraph (c) of subsection (2) of section
  133  790.065, Florida Statutes, is reenacted to read:
  134         790.065 Sale and delivery of firearms.—
  135         (2) Upon receipt of a request for a criminal history record
  136  check, the Department of Law Enforcement shall, during the
  137  licensee’s call or by return call, forthwith:
  138         (c)1. Review any records available to it to determine
  139  whether the potential buyer or transferee has been indicted or
  140  has had an information filed against her or him for an offense
  141  that is a felony under either state or federal law, or, as
  142  mandated by federal law, has had an injunction for protection
  143  against domestic violence entered against the potential buyer or
  144  transferee under s. 741.30, has had an injunction for protection
  145  against repeat violence entered against the potential buyer or
  146  transferee under s. 784.046, or has been arrested for a
  147  dangerous crime as specified in s. 907.041(4)(a) or for any of
  148  the following enumerated offenses:
  149         a. Criminal anarchy under ss. 876.01 and 876.02.
  150         b. Extortion under s. 836.05.
  151         c. Explosives violations under s. 552.22(1) and (2).
  152         d. Controlled substances violations under chapter 893.
  153         e. Resisting an officer with violence under s. 843.01.
  154         f. Weapons and firearms violations under this chapter.
  155         g. Treason under s. 876.32.
  156         h. Assisting self-murder under s. 782.08.
  157         i. Sabotage under s. 876.38.
  158         j. Stalking or aggravated stalking under s. 784.048.
  159  
  160  If the review indicates any such indictment, information, or
  161  arrest, the department shall provide to the licensee a
  162  conditional nonapproval number.
  163         2. Within 24 working hours, the department shall determine
  164  the disposition of the indictment, information, or arrest and
  165  inform the licensee as to whether the potential buyer is
  166  prohibited from receiving or possessing a firearm. For purposes
  167  of this paragraph, “working hours” means the hours from 8 a.m.
  168  to 5 p.m. Monday through Friday, excluding legal holidays.
  169         3. The office of the clerk of court, at no charge to the
  170  department, shall respond to any department request for data on
  171  the disposition of the indictment, information, or arrest as
  172  soon as possible, but in no event later than 8 working hours.
  173         4. The department shall determine as quickly as possible
  174  within the allotted time period whether the potential buyer is
  175  prohibited from receiving or possessing a firearm.
  176         5. If the potential buyer is not so prohibited, or if the
  177  department cannot determine the disposition information within
  178  the allotted time period, the department shall provide the
  179  licensee with a conditional approval number.
  180         6. If the buyer is so prohibited, the conditional
  181  nonapproval number shall become a nonapproval number.
  182         7. The department shall continue its attempts to obtain the
  183  disposition information and may retain a record of all approval
  184  numbers granted without sufficient disposition information. If
  185  the department later obtains disposition information which
  186  indicates:
  187         a. That the potential buyer is not prohibited from owning a
  188  firearm, it shall treat the record of the transaction in
  189  accordance with this section; or
  190         b. That the potential buyer is prohibited from owning a
  191  firearm, it shall immediately revoke the conditional approval
  192  number and notify local law enforcement.
  193         8. During the time that disposition of the indictment,
  194  information, or arrest is pending and until the department is
  195  notified by the potential buyer that there has been a final
  196  disposition of the indictment, information, or arrest, the
  197  conditional nonapproval number shall remain in effect.
  198         Section 4. For the purpose of incorporating the amendment
  199  made by this act to section 784.048, Florida Statutes, in a
  200  reference thereto, subsection (1) of section 794.056, Florida
  201  Statutes, is reenacted to read:
  202         794.056 Rape Crisis Program Trust Fund.—
  203         (1) The Rape Crisis Program Trust Fund is created within
  204  the Department of Health for the purpose of providing funds for
  205  rape crisis centers in this state. Trust fund moneys shall be
  206  used exclusively for the purpose of providing services for
  207  victims of sexual assault. Funds credited to the trust fund
  208  consist of those funds collected as an additional court
  209  assessment in each case in which a defendant pleads guilty or
  210  nolo contendere to, or is found guilty of, regardless of
  211  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  212  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  213  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  214  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  215  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  216  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  217  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  218  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  219  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  220  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  221  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  222  fund also shall include revenues provided by law, moneys
  223  appropriated by the Legislature, and grants from public or
  224  private entities.
  225         Section 5. For the purpose of incorporating the amendment
  226  made by this act to section 784.048, Florida Statutes, in a
  227  reference thereto, subsection (4) of section 847.0141, Florida
  228  Statutes, is reenacted to read:
  229         847.0141 Sexting; prohibited acts; penalties.—
  230         (4) This section does not prohibit the prosecution of a
  231  minor for a violation of any law of this state if the photograph
  232  or video that depicts nudity also includes the depiction of
  233  sexual conduct or sexual excitement, and does not prohibit the
  234  prosecution of a minor for stalking under s. 784.048.
  235         Section 6. For the purpose of incorporating the amendment
  236  made by this act to section 784.048, Florida Statutes, in a
  237  reference thereto, subsection (5) of section 901.41, Florida
  238  Statutes, is reenacted to read:
  239         901.41 Prearrest diversion programs.—
  240         (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
  241  of domestic violence, as defined in s. 741.28, or a misdemeanor
  242  under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
  243  s. 784.0487, or s. 784.049 does not qualify for a civil citation
  244  or prearrest diversion program.
  245         Section 7. For the purpose of incorporating the amendment
  246  made by this act to section 784.048, Florida Statutes, in a
  247  reference thereto, section 938.08, Florida Statutes, is
  248  reenacted to read:
  249         938.08 Additional cost to fund programs in domestic
  250  violence.—In addition to any sanction imposed for a violation of
  251  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
  252  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
  253  784.083, s. 784.085, s. 794.011, or for any offense of domestic
  254  violence described in s. 741.28, the court shall impose a
  255  surcharge of $201. Payment of the surcharge shall be a condition
  256  of probation, community control, or any other court-ordered
  257  supervision. The sum of $85 of the surcharge shall be deposited
  258  into the Domestic Violence Trust Fund established in s. 741.01.
  259  The clerk of the court shall retain $1 of each surcharge that
  260  the clerk of the court collects as a service charge of the
  261  clerk’s office. The remainder of the surcharge shall be provided
  262  to the governing board of the county and must be used only to
  263  defray the costs of incarcerating persons sentenced under s.
  264  741.283 and provide additional training to law enforcement
  265  personnel in combating domestic violence.
  266         Section 8. For the purpose of incorporating the amendment
  267  made by this act to section 784.048, Florida Statutes, in a
  268  reference thereto, section 938.085, Florida Statutes, is
  269  reenacted to read:
  270         938.085 Additional cost to fund rape crisis centers.—In
  271  addition to any sanction imposed when a person pleads guilty or
  272  nolo contendere to, or is found guilty of, regardless of
  273  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  274  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  275  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  276  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  277  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  278  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  279  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  280  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  281  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  282  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  283  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  284  $151. Payment of the surcharge shall be a condition of
  285  probation, community control, or any other court-ordered
  286  supervision. The sum of $150 of the surcharge shall be deposited
  287  into the Rape Crisis Program Trust Fund established within the
  288  Department of Health by chapter 2003-140, Laws of Florida. The
  289  clerk of the court shall retain $1 of each surcharge that the
  290  clerk of the court collects as a service charge of the clerk’s
  291  office.
  292         Section 9. For the purpose of incorporating the amendment
  293  made by this act to section 784.048, Florida Statutes, in a
  294  reference thereto, paragraph (g) of subsection (2) of section
  295  943.325, Florida Statutes, is reenacted to read:
  296         943.325 DNA database.—
  297         (2) DEFINITIONS.—As used in this section, the term:
  298         (g) “Qualifying offender” means any person, including
  299  juveniles and adults, who is:
  300         1.a. Committed to a county jail;
  301         b. Committed to or under the supervision of the Department
  302  of Corrections, including persons incarcerated in a private
  303  correctional institution operated under contract pursuant to s.
  304  944.105;
  305         c. Committed to or under the supervision of the Department
  306  of Juvenile Justice;
  307         d. Transferred to this state under the Interstate Compact
  308  on Juveniles, part XIII of chapter 985; or
  309         e. Accepted under Article IV of the Interstate Corrections
  310  Compact, part III of chapter 941; and who is:
  311         2.a. Convicted of any felony offense or attempted felony
  312  offense in this state or of a similar offense in another
  313  jurisdiction;
  314         b. Convicted of a misdemeanor violation of s. 784.048, s.
  315  810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
  316  offense that was found, pursuant to s. 874.04, to have been
  317  committed for the purpose of benefiting, promoting, or
  318  furthering the interests of a criminal gang as defined in s.
  319  874.03; or
  320         c. Arrested for any felony offense or attempted felony
  321  offense in this state.
  322         Section 10. For the purpose of incorporating the amendment
  323  made by this act to section 784.048, Florida Statutes, in a
  324  reference thereto, paragraph (b) of subsection (1) of section
  325  960.001, Florida Statutes, is reenacted to read:
  326         960.001 Guidelines for fair treatment of victims and
  327  witnesses in the criminal justice and juvenile justice systems.—
  328         (1) The Department of Legal Affairs, the state attorneys,
  329  the Department of Corrections, the Department of Juvenile
  330  Justice, the Florida Commission on Offender Review, the State
  331  Courts Administrator and circuit court administrators, the
  332  Department of Law Enforcement, and every sheriff’s department,
  333  police department, or other law enforcement agency as defined in
  334  s. 943.10(4) shall develop and implement guidelines for the use
  335  of their respective agencies, which guidelines are consistent
  336  with the purposes of this act and s. 16(b), Art. I of the State
  337  Constitution and are designed to implement s. 16(b), Art. I of
  338  the State Constitution and to achieve the following objectives:
  339         (b) Information for purposes of notifying victim or
  340  appropriate next of kin of victim or other designated contact of
  341  victim.—In the case of a homicide, pursuant to chapter 782; or a
  342  sexual offense, pursuant to chapter 794; or an attempted murder
  343  or sexual offense, pursuant to chapter 777; or stalking,
  344  pursuant to s. 784.048; or domestic violence, pursuant to s.
  345  25.385:
  346         1. The arresting law enforcement officer or personnel of an
  347  organization that provides assistance to a victim or to the
  348  appropriate next of kin of the victim or other designated
  349  contact must request that the victim or appropriate next of kin
  350  of the victim or other designated contact complete a victim
  351  notification card. However, the victim or appropriate next of
  352  kin of the victim or other designated contact may choose not to
  353  complete the victim notification card.
  354         2. Unless the victim or the appropriate next of kin of the
  355  victim or other designated contact waives the option to complete
  356  the victim notification card, a copy of the victim notification
  357  card must be filed with the incident report or warrant in the
  358  sheriff’s office of the jurisdiction in which the incident
  359  report or warrant originated. The notification card shall, at a
  360  minimum, consist of:
  361         a. The name, address, and phone number of the victim; or
  362         b. The name, address, and phone number of the appropriate
  363  next of kin of the victim; or
  364         c. The name, address, and telephone number of a designated
  365  contact other than the victim or appropriate next of kin of the
  366  victim; and
  367         d. Any relevant identification or case numbers assigned to
  368  the case.
  369         3. The chief administrator, or a person designated by the
  370  chief administrator, of a county jail, municipal jail, juvenile
  371  detention facility, or residential commitment facility shall
  372  make a reasonable attempt to notify the alleged victim or
  373  appropriate next of kin of the alleged victim or other
  374  designated contact within 4 hours following the release of the
  375  defendant on bail or, in the case of a juvenile offender, upon
  376  the release from residential detention or commitment. If the
  377  chief administrator, or designee, is unable to contact the
  378  alleged victim or appropriate next of kin of the alleged victim
  379  or other designated contact by telephone, the chief
  380  administrator, or designee, must send to the alleged victim or
  381  appropriate next of kin of the alleged victim or other
  382  designated contact a written notification of the defendant’s
  383  release.
  384         4. Unless otherwise requested by the victim or the
  385  appropriate next of kin of the victim or other designated
  386  contact, the information contained on the victim notification
  387  card must be sent by the chief administrator, or designee, of
  388  the appropriate facility to the subsequent correctional or
  389  residential commitment facility following the sentencing and
  390  incarceration of the defendant, and unless otherwise requested
  391  by the victim or the appropriate next of kin of the victim or
  392  other designated contact, he or she must be notified of the
  393  release of the defendant from incarceration as provided by law.
  394         5. If the defendant was arrested pursuant to a warrant
  395  issued or taken into custody pursuant to s. 985.101 in a
  396  jurisdiction other than the jurisdiction in which the defendant
  397  is being released, and the alleged victim or appropriate next of
  398  kin of the alleged victim or other designated contact does not
  399  waive the option for notification of release, the chief
  400  correctional officer or chief administrator of the facility
  401  releasing the defendant shall make a reasonable attempt to
  402  immediately notify the chief correctional officer of the
  403  jurisdiction in which the warrant was issued or the juvenile was
  404  taken into custody pursuant to s. 985.101, and the chief
  405  correctional officer of that jurisdiction shall make a
  406  reasonable attempt to notify the alleged victim or appropriate
  407  next of kin of the alleged victim or other designated contact,
  408  as provided in this paragraph, that the defendant has been or
  409  will be released.
  410         Section 11. Upon the amendments made to section 985.265,
  411  Florida Statutes, pursuant to section 12 of chapter 2018-86,
  412  Laws of Florida, becoming effective and for the purpose of
  413  incorporating the amendments made by this act to section
  414  784.048, Florida Statutes, in a reference thereto, paragraph (b)
  415  of subsection (3) of section 985.265, Florida Statutes, is
  416  reenacted to read:
  417         985.265 Detention transfer and release; education; adult
  418  jails.—
  419         (3)
  420         (b) When a juvenile is released from secure detention or
  421  transferred to supervised release detention, detention staff
  422  shall immediately notify the appropriate law enforcement agency,
  423  school personnel, and victim if the juvenile is charged with
  424  committing any of the following offenses or attempting to commit
  425  any of the following offenses:
  426         1. Murder, under s. 782.04;
  427         2. Sexual battery, under chapter 794;
  428         3. Stalking, under s. 784.048; or
  429         4. Domestic violence, as defined in s. 741.28.
  430         Section 12. For the purpose of incorporating the amendment
  431  made by this act to section 784.048, Florida Statutes, in a
  432  reference thereto, paragraph (e) of subsection (3) of section
  433  1006.147, Florida Statutes, is reenacted to read:
  434         1006.147 Bullying and harassment prohibited.—
  435         (3) For purposes of this section:
  436         (e) Definitions in s. 815.03 and the definition in s.
  437  784.048(1)(d) relating to stalking are applicable to this
  438  section.
  439         Section 13. For the purpose of incorporating the amendment
  440  made by this act to section 815.06, Florida Statutes, in
  441  references thereto, subsections (1) and (2) of section 775.30,
  442  Florida Statutes, are reenacted to read:
  443         775.30 Terrorism; defined; penalties.—
  444         (1) As used in this chapter and the Florida Criminal Code,
  445  the terms “terrorism” or “terrorist activity” mean an activity
  446  that:
  447         (a) Involves:
  448         1. A violent act or an act dangerous to human life which is
  449  a violation of the criminal laws of this state or of the United
  450  States; or
  451         2. A violation of s. 815.06; and
  452         (b) Is intended to:
  453         1. Intimidate, injure, or coerce a civilian population;
  454         2. Influence the policy of a government by intimidation or
  455  coercion; or
  456         3. Affect the conduct of government through destruction of
  457  property, assassination, murder, kidnapping, or aircraft piracy.
  458         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
  459  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
  460  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
  461  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
  462  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
  463  859.01, or s. 876.34, in furtherance of intimidating or coercing
  464  the policy of a government, or in furtherance of affecting the
  465  conduct of a government by mass destruction, assassination, or
  466  kidnapping, commits the crime of terrorism, a felony of the
  467  first degree, punishable as provided in s. 775.082, s. 775.083,
  468  or s. 775.084.
  469         Section 14. For the purpose of incorporating the amendment
  470  made by this act to section 815.06, Florida Statutes, in a
  471  reference thereto, subsection (2) of section 775.33, Florida
  472  Statutes, is reenacted to read:
  473         775.33 Providing material support or resources for
  474  terrorism or to terrorist organizations.—
  475         (2) A person commits a felony of the first degree,
  476  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  477  if the person:
  478         (a) Provides material support or resources or conceals or
  479  disguises the nature, location, source, or ownership of the
  480  material support or resources, knowing or intending that the
  481  support or resources are to be used in preparation for or in
  482  carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
  483  775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
  484  790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
  485  s. 876.34, or s. 876.36;
  486         (b) Conceals an escape from the commission of a violation
  487  of paragraph (a); or
  488         (c) Attempts or conspires to commit a violation of
  489  paragraph (a).
  490         Section 15. For the purpose of incorporating the amendment
  491  made by this act to section 815.06, Florida Statutes, in a
  492  reference thereto, subsection (5) of section 782.04, Florida
  493  Statutes, is reenacted to read:
  494         782.04 Murder.—
  495         (5) As used in this section, the term “terrorism” means an
  496  activity that:
  497         (a)1. Involves a violent act or an act dangerous to human
  498  life which is a violation of the criminal laws of this state or
  499  of the United States; or
  500         2. Involves a violation of s. 815.06; and
  501         (b) Is intended to:
  502         1. Intimidate, injure, or coerce a civilian population;
  503         2. Influence the policy of a government by intimidation or
  504  coercion; or
  505         3. Affect the conduct of government through destruction of
  506  property, assassination, murder, kidnapping, or aircraft piracy.
  507         Section 16. For the purpose of incorporating the amendment
  508  made by this act to section 815.06, Florida Statutes, in a
  509  reference thereto, subsection (3) of section 934.07, Florida
  510  Statutes, is reenacted to read:
  511         934.07 Authorization for interception of wire, oral, or
  512  electronic communications.—
  513         (3) As used in this section, the term “terrorism” means an
  514  activity that:
  515         (a)1. Involves a violent act or an act dangerous to human
  516  life which is a violation of the criminal laws of this state or
  517  of the United States; or
  518         2. Involves a violation of s. 815.06; and
  519         (b) Is intended to:
  520         1. Intimidate, injure, or coerce a civilian population;
  521         2. Influence the policy of a government by intimidation or
  522  coercion; or
  523         3. Affect the conduct of government through destruction of
  524  property, assassination, murder, kidnapping, or aircraft piracy.
  525         Section 17. This act shall take effect October 1, 2019.

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