Florida Senate - 2019 SB 916
By Senator Pizzo
38-00973-19 2019916__
1 A bill to be entitled
2 An act relating to cyberstalking; amending s. 784.048,
3 F.S.; redefining the term “cyberstalk” as the term
4 relates to prohibited acts; reenacting and amending s.
5 815.06, F.S.; providing that a person commits an
6 offense against users of certain electronic devices if
7 he or she willfully, knowingly, and exceeding
8 authorization performs specified acts; providing
9 criminal penalties; reenacting ss. 790.065(2)(c),
10 794.056(1), 847.0141(4), 901.41(5), 938.08, 938.085,
11 943.325(2)(g), 960.001(1)(b), 985.265(3)(b), and
12 1006.147(3)(e), all relating to the crime of stalking,
13 to incorporate the amendment made to s. 784.048, F.S.,
14 in references thereto; reenacting ss. 775.30(1) and
15 (2), 775.33(2), 782.04(5), and 934.07(3), F.S., all
16 relating to a violation of s. 815.06, F.S., to
17 incorporate the amendment made to s. 815.06, F.S., in
18 references thereto; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (d) of subsection (1) of section
23 784.048, Florida Statutes, is amended, and subsections (2)
24 through (5), and (7) of that section are republished, to read:
25 784.048 Stalking; definitions; penalties.—
26 (1) As used in this section, the term:
27 (d) “Cyberstalk” means:
28 1. To engage in a course of conduct to communicate, or to
29 cause to be communicated, words, images, or language by or
30 through the use of electronic mail or electronic communication,
31 directed at a specific person; or
32 2. To access or attempt to access the online accounts or
33 Internet-connected home electronic systems of another person
34 without that person’s permission,
35
36 causing substantial emotional distress to that person and
37 serving no legitimate purpose.
38 (2) A person who willfully, maliciously, and repeatedly
39 follows, harasses, or cyberstalks another person commits the
40 offense of stalking, a misdemeanor of the first degree,
41 punishable as provided in s. 775.082 or s. 775.083.
42 (3) A person who willfully, maliciously, and repeatedly
43 follows, harasses, or cyberstalks another person and makes a
44 credible threat to that person commits the offense of aggravated
45 stalking, a felony of the third degree, punishable as provided
46 in s. 775.082, s. 775.083, or s. 775.084.
47 (4) A person who, after an injunction for protection
48 against repeat violence, sexual violence, or dating violence
49 pursuant to s. 784.046, or an injunction for protection against
50 domestic violence pursuant to s. 741.30, or after any other
51 court-imposed prohibition of conduct toward the subject person
52 or that person’s property, knowingly, willfully, maliciously,
53 and repeatedly follows, harasses, or cyberstalks another person
54 commits the offense of aggravated stalking, a felony of the
55 third degree, punishable as provided in s. 775.082, s. 775.083,
56 or s. 775.084.
57 (5) A person who willfully, maliciously, and repeatedly
58 follows, harasses, or cyberstalks a child under 16 years of age
59 commits the offense of aggravated stalking, a felony of the
60 third degree, punishable as provided in s. 775.082, s. 775.083,
61 or s. 775.084.
62 (7) A person who, after having been sentenced for a
63 violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
64 prohibited from contacting the victim of the offense under s.
65 921.244, willfully, maliciously, and repeatedly follows,
66 harasses, or cyberstalks the victim commits the offense of
67 aggravated stalking, a felony of the third degree, punishable as
68 provided in s. 775.082, s. 775.083, or s. 775.084.
69 Section 2. Subsection (2) of section 815.06, Florida
70 Statutes, is amended, subsection (3) of that section is
71 reenacted, and subsection (1) of that section is republished, to
72 read:
73 815.06 Offenses against users of computers, computer
74 systems, computer networks, and electronic devices.—
75 (1) As used in this section, the term “user” means a person
76 with the authority to operate or maintain a computer, computer
77 system, computer network, or electronic device.
78 (2) A person commits an offense against users of computers,
79 computer systems, computer networks, or electronic devices if he
80 or she willfully, knowingly, and without authorization or
81 exceeding authorization:
82 (a) Accesses or causes to be accessed any computer,
83 computer system, computer network, or electronic device with
84 knowledge that such access is unauthorized;
85 (b) Disrupts or denies or causes the denial of the ability
86 to transmit data to or from an authorized user of a computer,
87 computer system, computer network, or electronic device, which,
88 in whole or in part, is owned by, under contract to, or operated
89 for, on behalf of, or in conjunction with another;
90 (c) Destroys, takes, injures, or damages equipment or
91 supplies used or intended to be used in a computer, computer
92 system, computer network, or electronic device;
93 (d) Destroys, injures, or damages any computer, computer
94 system, computer network, or electronic device;
95 (e) Introduces any computer contaminant into any computer,
96 computer system, computer network, or electronic device; or
97 (f) Engages in audio or video surveillance of an individual
98 by accessing any inherent feature or component of a computer,
99 computer system, computer network, or electronic device,
100 including accessing the data or information of a computer,
101 computer system, computer network, or electronic device that is
102 stored by a third party.
103 (3)(a) Except as provided in paragraphs (b) and (c), a
104 person who violates subsection (2) commits a felony of the third
105 degree, punishable as provided in s. 775.082, s. 775.083, or s.
106 775.084.
107 (b) A person commits a felony of the second degree,
108 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
109 if he or she violates subsection (2) and:
110 1. Damages a computer, computer equipment or supplies, a
111 computer system, or a computer network and the damage or loss is
112 at least $5,000;
113 2. Commits the offense for the purpose of devising or
114 executing any scheme or artifice to defraud or obtain property;
115 3. Interrupts or impairs a governmental operation or public
116 communication, transportation, or supply of water, gas, or other
117 public service; or
118 4. Intentionally interrupts the transmittal of data to or
119 from, or gains unauthorized access to, a computer, computer
120 system, computer network, or electronic device belonging to any
121 mode of public or private transit, as defined in s. 341.031.
122 (c) A person who violates subsection (2) commits a felony
123 of the first degree, punishable as provided in s. 775.082, s.
124 775.083, or s. 775.084, if the violation:
125 1. Endangers human life; or
126 2. Disrupts a computer, computer system, computer network,
127 or electronic device that affects medical equipment used in the
128 direct administration of medical care or treatment to a person.
129 Section 3. For the purpose of incorporating the amendment
130 made by this act to section 784.048, Florida Statutes, in a
131 reference thereto, paragraph (c) of subsection (2) of section
132 790.065, Florida Statutes, is reenacted to read:
133 790.065 Sale and delivery of firearms.—
134 (2) Upon receipt of a request for a criminal history record
135 check, the Department of Law Enforcement shall, during the
136 licensee’s call or by return call, forthwith:
137 (c)1. Review any records available to it to determine
138 whether the potential buyer or transferee has been indicted or
139 has had an information filed against her or him for an offense
140 that is a felony under either state or federal law, or, as
141 mandated by federal law, has had an injunction for protection
142 against domestic violence entered against the potential buyer or
143 transferee under s. 741.30, has had an injunction for protection
144 against repeat violence entered against the potential buyer or
145 transferee under s. 784.046, or has been arrested for a
146 dangerous crime as specified in s. 907.041(4)(a) or for any of
147 the following enumerated offenses:
148 a. Criminal anarchy under ss. 876.01 and 876.02.
149 b. Extortion under s. 836.05.
150 c. Explosives violations under s. 552.22(1) and (2).
151 d. Controlled substances violations under chapter 893.
152 e. Resisting an officer with violence under s. 843.01.
153 f. Weapons and firearms violations under this chapter.
154 g. Treason under s. 876.32.
155 h. Assisting self-murder under s. 782.08.
156 i. Sabotage under s. 876.38.
157 j. Stalking or aggravated stalking under s. 784.048.
158
159 If the review indicates any such indictment, information, or
160 arrest, the department shall provide to the licensee a
161 conditional nonapproval number.
162 2. Within 24 working hours, the department shall determine
163 the disposition of the indictment, information, or arrest and
164 inform the licensee as to whether the potential buyer is
165 prohibited from receiving or possessing a firearm. For purposes
166 of this paragraph, “working hours” means the hours from 8 a.m.
167 to 5 p.m. Monday through Friday, excluding legal holidays.
168 3. The office of the clerk of court, at no charge to the
169 department, shall respond to any department request for data on
170 the disposition of the indictment, information, or arrest as
171 soon as possible, but in no event later than 8 working hours.
172 4. The department shall determine as quickly as possible
173 within the allotted time period whether the potential buyer is
174 prohibited from receiving or possessing a firearm.
175 5. If the potential buyer is not so prohibited, or if the
176 department cannot determine the disposition information within
177 the allotted time period, the department shall provide the
178 licensee with a conditional approval number.
179 6. If the buyer is so prohibited, the conditional
180 nonapproval number shall become a nonapproval number.
181 7. The department shall continue its attempts to obtain the
182 disposition information and may retain a record of all approval
183 numbers granted without sufficient disposition information. If
184 the department later obtains disposition information which
185 indicates:
186 a. That the potential buyer is not prohibited from owning a
187 firearm, it shall treat the record of the transaction in
188 accordance with this section; or
189 b. That the potential buyer is prohibited from owning a
190 firearm, it shall immediately revoke the conditional approval
191 number and notify local law enforcement.
192 8. During the time that disposition of the indictment,
193 information, or arrest is pending and until the department is
194 notified by the potential buyer that there has been a final
195 disposition of the indictment, information, or arrest, the
196 conditional nonapproval number shall remain in effect.
197 Section 4. For the purpose of incorporating the amendment
198 made by this act to section 784.048, Florida Statutes, in a
199 reference thereto, subsection (1) of section 794.056, Florida
200 Statutes, is reenacted to read:
201 794.056 Rape Crisis Program Trust Fund.—
202 (1) The Rape Crisis Program Trust Fund is created within
203 the Department of Health for the purpose of providing funds for
204 rape crisis centers in this state. Trust fund moneys shall be
205 used exclusively for the purpose of providing services for
206 victims of sexual assault. Funds credited to the trust fund
207 consist of those funds collected as an additional court
208 assessment in each case in which a defendant pleads guilty or
209 nolo contendere to, or is found guilty of, regardless of
210 adjudication, an offense provided in s. 775.21(6) and (10)(a),
211 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
212 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
213 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
214 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
215 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
216 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
217 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
218 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
219 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
220 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
221 fund also shall include revenues provided by law, moneys
222 appropriated by the Legislature, and grants from public or
223 private entities.
224 Section 5. For the purpose of incorporating the amendment
225 made by this act to section 784.048, Florida Statutes, in a
226 reference thereto, subsection (4) of section 847.0141, Florida
227 Statutes, is reenacted to read:
228 847.0141 Sexting; prohibited acts; penalties.—
229 (4) This section does not prohibit the prosecution of a
230 minor for a violation of any law of this state if the photograph
231 or video that depicts nudity also includes the depiction of
232 sexual conduct or sexual excitement, and does not prohibit the
233 prosecution of a minor for stalking under s. 784.048.
234 Section 6. For the purpose of incorporating the amendment
235 made by this act to section 784.048, Florida Statutes, in a
236 reference thereto, subsection (5) of section 901.41, Florida
237 Statutes, is reenacted to read:
238 901.41 Prearrest diversion programs.—
239 (5) ELIGIBILITY.—A violent misdemeanor, a misdemeanor crime
240 of domestic violence, as defined in s. 741.28, or a misdemeanor
241 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048,
242 s. 784.0487, or s. 784.049 does not qualify for a civil citation
243 or prearrest diversion program.
244 Section 7. For the purpose of incorporating the amendment
245 made by this act to section 784.048, Florida Statutes, in a
246 reference thereto, section 938.08, Florida Statutes, is
247 reenacted to read:
248 938.08 Additional cost to fund programs in domestic
249 violence.—In addition to any sanction imposed for a violation of
250 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
251 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
252 784.083, s. 784.085, s. 794.011, or for any offense of domestic
253 violence described in s. 741.28, the court shall impose a
254 surcharge of $201. Payment of the surcharge shall be a condition
255 of probation, community control, or any other court-ordered
256 supervision. The sum of $85 of the surcharge shall be deposited
257 into the Domestic Violence Trust Fund established in s. 741.01.
258 The clerk of the court shall retain $1 of each surcharge that
259 the clerk of the court collects as a service charge of the
260 clerk’s office. The remainder of the surcharge shall be provided
261 to the governing board of the county and must be used only to
262 defray the costs of incarcerating persons sentenced under s.
263 741.283 and provide additional training to law enforcement
264 personnel in combating domestic violence.
265 Section 8. For the purpose of incorporating the amendment
266 made by this act to section 784.048, Florida Statutes, in a
267 reference thereto, section 938.085, Florida Statutes, is
268 reenacted to read:
269 938.085 Additional cost to fund rape crisis centers.—In
270 addition to any sanction imposed when a person pleads guilty or
271 nolo contendere to, or is found guilty of, regardless of
272 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
273 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
274 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
275 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
276 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
277 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
278 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
279 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
280 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
281 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
282 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
283 $151. Payment of the surcharge shall be a condition of
284 probation, community control, or any other court-ordered
285 supervision. The sum of $150 of the surcharge shall be deposited
286 into the Rape Crisis Program Trust Fund established within the
287 Department of Health by chapter 2003-140, Laws of Florida. The
288 clerk of the court shall retain $1 of each surcharge that the
289 clerk of the court collects as a service charge of the clerk’s
290 office.
291 Section 9. For the purpose of incorporating the amendment
292 made by this act to section 784.048, Florida Statutes, in a
293 reference thereto, paragraph (g) of subsection (2) of section
294 943.325, Florida Statutes, is reenacted to read:
295 943.325 DNA database.—
296 (2) DEFINITIONS.—As used in this section, the term:
297 (g) “Qualifying offender” means any person, including
298 juveniles and adults, who is:
299 1.a. Committed to a county jail;
300 b. Committed to or under the supervision of the Department
301 of Corrections, including persons incarcerated in a private
302 correctional institution operated under contract pursuant to s.
303 944.105;
304 c. Committed to or under the supervision of the Department
305 of Juvenile Justice;
306 d. Transferred to this state under the Interstate Compact
307 on Juveniles, part XIII of chapter 985; or
308 e. Accepted under Article IV of the Interstate Corrections
309 Compact, part III of chapter 941; and who is:
310 2.a. Convicted of any felony offense or attempted felony
311 offense in this state or of a similar offense in another
312 jurisdiction;
313 b. Convicted of a misdemeanor violation of s. 784.048, s.
314 810.14, s. 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an
315 offense that was found, pursuant to s. 874.04, to have been
316 committed for the purpose of benefiting, promoting, or
317 furthering the interests of a criminal gang as defined in s.
318 874.03; or
319 c. Arrested for any felony offense or attempted felony
320 offense in this state.
321 Section 10. For the purpose of incorporating the amendment
322 made by this act to section 784.048, Florida Statutes, in a
323 reference thereto, paragraph (b) of subsection (1) of section
324 960.001, Florida Statutes, is reenacted to read:
325 960.001 Guidelines for fair treatment of victims and
326 witnesses in the criminal justice and juvenile justice systems.—
327 (1) The Department of Legal Affairs, the state attorneys,
328 the Department of Corrections, the Department of Juvenile
329 Justice, the Florida Commission on Offender Review, the State
330 Courts Administrator and circuit court administrators, the
331 Department of Law Enforcement, and every sheriff’s department,
332 police department, or other law enforcement agency as defined in
333 s. 943.10(4) shall develop and implement guidelines for the use
334 of their respective agencies, which guidelines are consistent
335 with the purposes of this act and s. 16(b), Art. I of the State
336 Constitution and are designed to implement s. 16(b), Art. I of
337 the State Constitution and to achieve the following objectives:
338 (b) Information for purposes of notifying victim or
339 appropriate next of kin of victim or other designated contact of
340 victim.—In the case of a homicide, pursuant to chapter 782; or a
341 sexual offense, pursuant to chapter 794; or an attempted murder
342 or sexual offense, pursuant to chapter 777; or stalking,
343 pursuant to s. 784.048; or domestic violence, pursuant to s.
344 25.385:
345 1. The arresting law enforcement officer or personnel of an
346 organization that provides assistance to a victim or to the
347 appropriate next of kin of the victim or other designated
348 contact must request that the victim or appropriate next of kin
349 of the victim or other designated contact complete a victim
350 notification card. However, the victim or appropriate next of
351 kin of the victim or other designated contact may choose not to
352 complete the victim notification card.
353 2. Unless the victim or the appropriate next of kin of the
354 victim or other designated contact waives the option to complete
355 the victim notification card, a copy of the victim notification
356 card must be filed with the incident report or warrant in the
357 sheriff’s office of the jurisdiction in which the incident
358 report or warrant originated. The notification card shall, at a
359 minimum, consist of:
360 a. The name, address, and phone number of the victim; or
361 b. The name, address, and phone number of the appropriate
362 next of kin of the victim; or
363 c. The name, address, and telephone number of a designated
364 contact other than the victim or appropriate next of kin of the
365 victim; and
366 d. Any relevant identification or case numbers assigned to
367 the case.
368 3. The chief administrator, or a person designated by the
369 chief administrator, of a county jail, municipal jail, juvenile
370 detention facility, or residential commitment facility shall
371 make a reasonable attempt to notify the alleged victim or
372 appropriate next of kin of the alleged victim or other
373 designated contact within 4 hours following the release of the
374 defendant on bail or, in the case of a juvenile offender, upon
375 the release from residential detention or commitment. If the
376 chief administrator, or designee, is unable to contact the
377 alleged victim or appropriate next of kin of the alleged victim
378 or other designated contact by telephone, the chief
379 administrator, or designee, must send to the alleged victim or
380 appropriate next of kin of the alleged victim or other
381 designated contact a written notification of the defendant’s
382 release.
383 4. Unless otherwise requested by the victim or the
384 appropriate next of kin of the victim or other designated
385 contact, the information contained on the victim notification
386 card must be sent by the chief administrator, or designee, of
387 the appropriate facility to the subsequent correctional or
388 residential commitment facility following the sentencing and
389 incarceration of the defendant, and unless otherwise requested
390 by the victim or the appropriate next of kin of the victim or
391 other designated contact, he or she must be notified of the
392 release of the defendant from incarceration as provided by law.
393 5. If the defendant was arrested pursuant to a warrant
394 issued or taken into custody pursuant to s. 985.101 in a
395 jurisdiction other than the jurisdiction in which the defendant
396 is being released, and the alleged victim or appropriate next of
397 kin of the alleged victim or other designated contact does not
398 waive the option for notification of release, the chief
399 correctional officer or chief administrator of the facility
400 releasing the defendant shall make a reasonable attempt to
401 immediately notify the chief correctional officer of the
402 jurisdiction in which the warrant was issued or the juvenile was
403 taken into custody pursuant to s. 985.101, and the chief
404 correctional officer of that jurisdiction shall make a
405 reasonable attempt to notify the alleged victim or appropriate
406 next of kin of the alleged victim or other designated contact,
407 as provided in this paragraph, that the defendant has been or
408 will be released.
409 Section 11. Upon the amendments made to section 985.265,
410 Florida Statutes, pursuant to section 12 of chapter 2018-86,
411 Laws of Florida, becoming effective and for the purpose of
412 incorporating the amendments made by this act to section
413 784.048, Florida Statutes, in a reference thereto, paragraph (b)
414 of subsection (3) of section 985.265, Florida Statutes, is
415 reenacted to read:
416 985.265 Detention transfer and release; education; adult
417 jails.—
418 (3)
419 (b) When a juvenile is released from secure detention or
420 transferred to supervised release detention, detention staff
421 shall immediately notify the appropriate law enforcement agency,
422 school personnel, and victim if the juvenile is charged with
423 committing any of the following offenses or attempting to commit
424 any of the following offenses:
425 1. Murder, under s. 782.04;
426 2. Sexual battery, under chapter 794;
427 3. Stalking, under s. 784.048; or
428 4. Domestic violence, as defined in s. 741.28.
429 Section 12. For the purpose of incorporating the amendment
430 made by this act to section 784.048, Florida Statutes, in a
431 reference thereto, paragraph (e) of subsection (3) of section
432 1006.147, Florida Statutes, is reenacted to read:
433 1006.147 Bullying and harassment prohibited.—
434 (3) For purposes of this section:
435 (e) Definitions in s. 815.03 and the definition in s.
436 784.048(1)(d) relating to stalking are applicable to this
437 section.
438 Section 13. For the purpose of incorporating the amendment
439 made by this act to section 815.06, Florida Statutes, in
440 references thereto, subsections (1) and (2) of section 775.30,
441 Florida Statutes, are reenacted to read:
442 775.30 Terrorism; defined; penalties.—
443 (1) As used in this chapter and the Florida Criminal Code,
444 the terms “terrorism” or “terrorist activity” mean an activity
445 that:
446 (a) Involves:
447 1. A violent act or an act dangerous to human life which is
448 a violation of the criminal laws of this state or of the United
449 States; or
450 2. A violation of s. 815.06; and
451 (b) Is intended to:
452 1. Intimidate, injure, or coerce a civilian population;
453 2. Influence the policy of a government by intimidation or
454 coercion; or
455 3. Affect the conduct of government through destruction of
456 property, assassination, murder, kidnapping, or aircraft piracy.
457 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
458 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
459 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
460 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
461 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
462 859.01, or s. 876.34, in furtherance of intimidating or coercing
463 the policy of a government, or in furtherance of affecting the
464 conduct of a government by mass destruction, assassination, or
465 kidnapping, commits the crime of terrorism, a felony of the
466 first degree, punishable as provided in s. 775.082, s. 775.083,
467 or s. 775.084.
468 Section 14. For the purpose of incorporating the amendment
469 made by this act to section 815.06, Florida Statutes, in a
470 reference thereto, subsection (2) of section 775.33, Florida
471 Statutes, is reenacted to read:
472 775.33 Providing material support or resources for
473 terrorism or to terrorist organizations.—
474 (2) A person commits a felony of the first degree,
475 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
476 if the person:
477 (a) Provides material support or resources or conceals or
478 disguises the nature, location, source, or ownership of the
479 material support or resources, knowing or intending that the
480 support or resources are to be used in preparation for or in
481 carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s.
482 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s.
483 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32,
484 s. 876.34, or s. 876.36;
485 (b) Conceals an escape from the commission of a violation
486 of paragraph (a); or
487 (c) Attempts or conspires to commit a violation of
488 paragraph (a).
489 Section 15. For the purpose of incorporating the amendment
490 made by this act to section 815.06, Florida Statutes, in a
491 reference thereto, subsection (5) of section 782.04, Florida
492 Statutes, is reenacted to read:
493 782.04 Murder.—
494 (5) As used in this section, the term “terrorism” means an
495 activity that:
496 (a)1. Involves a violent act or an act dangerous to human
497 life which is a violation of the criminal laws of this state or
498 of the United States; or
499 2. Involves a violation of s. 815.06; and
500 (b) Is intended to:
501 1. Intimidate, injure, or coerce a civilian population;
502 2. Influence the policy of a government by intimidation or
503 coercion; or
504 3. Affect the conduct of government through destruction of
505 property, assassination, murder, kidnapping, or aircraft piracy.
506 Section 16. For the purpose of incorporating the amendment
507 made by this act to section 815.06, Florida Statutes, in a
508 reference thereto, subsection (3) of section 934.07, Florida
509 Statutes, is reenacted to read:
510 934.07 Authorization for interception of wire, oral, or
511 electronic communications.—
512 (3) As used in this section, the term “terrorism” means an
513 activity that:
514 (a)1. Involves a violent act or an act dangerous to human
515 life which is a violation of the criminal laws of this state or
516 of the United States; or
517 2. Involves a violation of s. 815.06; and
518 (b) Is intended to:
519 1. Intimidate, injure, or coerce a civilian population;
520 2. Influence the policy of a government by intimidation or
521 coercion; or
522 3. Affect the conduct of government through destruction of
523 property, assassination, murder, kidnapping, or aircraft piracy.
524 Section 17. This act shall take effect October 1, 2019.