Florida 2024 Regular Session

Florida House Bill H1011 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to mass shootings and acts of 2
16	16	terrorism; amending s. 836.10, F.S.; revising the 3
17	17	definition of the term "electronic record"; revising a 4
18	18	prohibition on making threats to conduct a mass 5
19	19	shooting or an act of terrorism to include audio and 6
20	20	video telephones; prohibiting planning to conduct a 7
21	21	mass shooting or an act of terrorism; defining the 8
22	22	term "plan to conduct a mass shooting or an act of 9
23	23	terrorism"; specifying what constitutes a plan to 10
24	24	conduct a mass shooting or an act of terrorism; making 11
25	25	technical changes; providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 836.10, Florida S tatutes, is amended to 16
30	30	read: 17
31	31	836.10 Written or electronic threats to kill, do bodily 18
32	32	injury; threats to, or conduct a mass shooting or an act of 19
33	33	terrorism; planning to conduct a mass shooting or an act of 20
34	34	terrorism; punishment; exemption from liability. — 21
35	35	(1) As used in this section, the term "electronic record" 22
36	36	means any record created, modified, archived, received, or 23
37	37	distributed electronically which contains any combination of 24
38	38	text, graphics, video, audio, or pictorial represented in 25
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51	51	digital form, but does not include a telephone call . 26
52	52	(2) It is unlawful for any person to send, post, or 27
53	53	transmit, or procure the sending, posting, or transmission of, a 28
54	54	writing or other record, including an electronic record, in any 29
55	55	manner in which it may be viewed by a nother person, when in such 30
56	56	writing or record the person makes a threat to : 31
57	57	(a) kill or to do bodily harm to another person; or 32
58	58	(b) Conduct a mass shooting or an act of terrorism. 33
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60	60	A person who violates this subsection commits a felony of the 35
61	61	second degree, punishable as provided in s. 775.082, s. 775.083, 36
62	62	or s. 775.084. 37
63	63	(3)(a) It is unlawful for any person to threaten to 38
64	64	conduct a mass shooting or an act of terrorism, regardless of 39
65	65	whether orally, in writing, or by any electronic record, 40
66	66	including, but not limited to, audio or video telephone calls in 41
67	67	which the caller threatens to conduct a mass shooting or an act 42
68	68	of terrorism. 43
69	69	(b) A person who violates this subsection commits a felony 44
70	70	of the second degree, punishable as provided in s. 775.082, s. 45
71	71	775.083, or s. 775.084. 46
72	72	(4) It is unlawful for any person to plan to conduct a 47
73	73	mass shooting or an act of terrorism. 48
74	74	(a) As used in this subsection, the term "plan to conduct 49
75	75	a mass shooting or an act of terrorism" means to take two or 50
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88	88	more actions in preparation to conduct a mass shooting or an act 51
89	89	of terrorism. Any combination of two or more of the following 52
90	90	actions, along with a written or stated desire or intent to 53
91	91	commit a mass shooting or an act of terrorism, constitutes 54
92	92	planning such an act: 55
93	93	1. Identifying, orally or in writing or in any electronic 56
94	94	record, the location where an individual or a group plans to 57
95	95	conduct a mass shooting or an act of terrorism. 58
96	96	2. Identifying, orally or in writing or in any electronic 59
97	97	record, the date upon which an individual or a group plans to 60
98	98	conduct a mass shooting or an act of terrorism. 61
99	99	3. Purchasing weapons, ammunition, body armor, bomb -making 62
100	100	materials, camera equipment, or any other item intended to be 63
101	101	used in the course of conducting a mass shooting or an act of 64
102	102	terrorism. 65
103	103	4. Conducting drills or simulations in preparation for 66
104	104	conducting a mass shooting or an act of terrorism. 67
105	105	5. Setting up an Internet live stream for the purpose of 68
106	106	broadcasting a mass shooting or an act of terrorism. 69
107	107	6. Writing a manifesto or detailed plan as to how or why 70
108	108	an individual or a group plans to conduct a mass shooting or an 71
109	109	act of terrorism. 72
110	110	(b) A person who violates this subsection commits a felony 73
111	111	of the second degree, punishable as provided in s. 775.082, s. 74
112	112	775.083, or s. 775.084. 75
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125	125	(5)(3) This section does not impose liability on a 76
126	126	provider of an interactive computer service, communications 77
127	127	services as defined in s. 202.11(1) s. 202.11, a commercial 78
128	128	mobile service, or an information service, including, but not 79
129	129	limited to, an Internet service provider or a hosting service 80
130	130	provider, if it provides the transmission, storage, or caching 81
131	131	of electronic communications or messages of others or provides 82
132	132	another related telecommunications service, commercial mobile 83
133	133	radio service, or information service for use by another person 84
134	134	who violates this section. This exemption from liability is 85
135	135	consistent with and in addition to any liability exemption 86
136	136	provided under 47 U.S.C. s. 230. 87
137	137	Section 2. This act shall take effect July 1, 2024. 88