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.