Title: Written Threats to Conduct Mass Shootings or Acts of Terrorism

Summary: Prohibiting a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism in a writing or other record in any manner that would allow another person to view the threat; exempting certain providers of services from liability, etc.

Full Text:
An act relating to written threats to conduct mass shootings or acts of terrorism; amending s. 836.10, F.S.; prohibiting a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism in a writing or other record in any manner that would allow another person to view the threat; providing criminal penalties; exempting certain providers of services from liability amen ding s. 921.0022, F.S.; conforming a provision to changes made by the act; reenacting ss. 794.056 and 938.085, F.S., relating to the Rape Crises Program Trust Fund and additional cost to fund rape crises centers, respectively, to incorporate the amendments made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 836.10, Florida Statutes, is amended to read: 836.10 Written threats to kill,or do bodily injury,or conduct a mass sho oting or an act of terrorism;punishment;exemption from liability.-(1) Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent,or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner that would allow another person to view the threat, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) This section does not impose liability on a provider of an interactive computer service, communications services as defined in s. 202.11, a commercia lmobile service, or an information service, including, but not limited to, an Internet service provider or a hosting service provider, if it provides the transmission, storage, or caching of electronic communications or messages of others or provides anot her related telecommunications service, commercial mobile radio service, or information service for use by another person who violates this section. This exemption from liability is consistent with and in addition to any liability exemption provided under U.S.C. s. 230. Section 2. Paragraph (f) of subsection (3) of section 921.0022, Florida Statutes, is amended to read: ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (f) LEVEL Florida Statute Felony Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 499.0051(3) 2nd Knowing purchase or receipt of ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature prescription drug from unauthorized person. 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; inten tto commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 790.115(2)(d) 2nd Discharging firearm or weapon ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of ars on or violence to state property, or use of firearms in violent manner. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature 800.04(5)(d) 3rd Lewd or lascivious molestation; victim years of age or older but less than years of age; offender less than years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(6) 2nd Theft; property stolen $3,000 ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 817.505(4)(b) 2nd Patient brokering; or more patients. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written threats to kill,or do bodily injury,or conduct a mass shooting or act of terrorism. ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 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 ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature bodily harm. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. Section 3. For the purpose of incorporating the amendment made by this act to section 836.10, Florida Statutes, in a reference thereto, Section 794.056, Florida Statutes, is reenacted to read: 794.056 Rape Crisis Program Trust Fund.-(1) The Rape Cris is Program Trust Fund is created within the Department of Health for the purpose of providing funds for rape crisis centers in this state. Trust fund moneys shall be used exclusively for the purpose of providing services for victims of sexual assault. Fund scredited to the trust fund ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature consist of those funds collected as an additional court assessment in each case in which a defendant pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, an offense provided in s. 775.21(6) an d(10)(a), (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 4.08; former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1). Funds credited to the trust fund also shall include revenues provided by law, moneys appropriated by the Legislature, and grants from public or private entities. (2) The Department of Health shall establish by rule criteria consistent with the provisions of s. 794.055(3)(b) for distributing moneys from the trust fund to rape crisis centers. Section 4. For the purpose of incorporating the amendment made by this act to section 836.10, Florida Statutes, in a reference thereto, Section 938.085, Florida Statutes, is reenacted to read: 938.085 Additional cost to fund rape crisis centers.-In ENROLLED CS/CS/CS/HB,Engrossed 2018 Legislature addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 775.21(6) and (10)(a), (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812. 135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 985.701(1), the court shall impose a surcharge of $151. Payment of the sur charge shall be a condition of probation, community control, or any other court-ordered supervision. The sum of $150 of the surcharge shall be deposited into the Rape Crisis Program Trust Fund established within the Department of Health by chapter 2003-140, Laws of Florida. The clerk of the court shall retain $1 of each surcharge that the clerk of the court collects as a service charge of the clerk's office. Section 5. This act shall take effect July 1, 2018.