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.