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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1010 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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1414 A bill to be entitled 1
1515 An act relating to mass shootings and acts of 2
1616 terrorism; amending s. 836.10, F.S.; revising the 3
1717 definition of the term "electronic record"; revising a 4
1818 prohibition on making threats to conduct a mass 5
1919 shooting or an act of terrorism to include audio and 6
2020 video telephones; prohibiting planning to conduct a 7
2121 mass shooting or an act of terrorism; defining the 8
2222 term "plan to conduct a mass shooting or an act of 9
2323 terrorism"; specifying what constitutes a plan to 10
2424 conduct a mass shooting or an act of terrorism; making 11
2525 technical changes; providing an effective date. 12
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2727 Be It Enacted by the Legislature of the State of Florida: 14
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2929 Section 1. Section 836.10, Florida S tatutes, is amended to 16
3030 read: 17
3131 836.10 Written or electronic threats to kill, do bodily 18
3232 injury; threats to, or conduct a mass shooting or an act of 19
3333 terrorism; planning to conduct a mass shooting or an act of 20
3434 terrorism; punishment; exemption from liability. — 21
3535 (1) As used in this section, the term "electronic record" 22
3636 means any record created, modified, archived, received, or 23
3737 distributed electronically which contains any combination of 24
3838 text, graphics, video, audio, or pictorial represented in 25
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4747 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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5151 digital form, but does not include a telephone call . 26
5252 (2) It is unlawful for any person to send, post, or 27
5353 transmit, or procure the sending, posting, or transmission of, a 28
5454 writing or other record, including an electronic record, in any 29
5555 manner in which it may be viewed by a nother person, when in such 30
5656 writing or record the person makes a threat to : 31
5757 (a) kill or to do bodily harm to another person; or 32
5858 (b) Conduct a mass shooting or an act of terrorism. 33
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6060 A person who violates this subsection commits a felony of the 35
6161 second degree, punishable as provided in s. 775.082, s. 775.083, 36
6262 or s. 775.084. 37
6363 (3)(a) It is unlawful for any person to threaten to 38
6464 conduct a mass shooting or an act of terrorism, regardless of 39
6565 whether orally, in writing, or by any electronic record, 40
6666 including, but not limited to, audio or video telephone calls in 41
6767 which the caller threatens to conduct a mass shooting or an act 42
6868 of terrorism. 43
6969 (b) A person who violates this subsection commits a felony 44
7070 of the second degree, punishable as provided in s. 775.082, s. 45
7171 775.083, or s. 775.084. 46
7272 (4) It is unlawful for any person to plan to conduct a 47
7373 mass shooting or an act of terrorism. 48
7474 (a) As used in this subsection, the term "plan to conduct 49
7575 a mass shooting or an act of terrorism" means to take two or 50
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8484 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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8888 more actions in preparation to conduct a mass shooting or an act 51
8989 of terrorism. Any combination of two or more of the following 52
9090 actions, along with a written or stated desire or intent to 53
9191 commit a mass shooting or an act of terrorism, constitutes 54
9292 planning such an act: 55
9393 1. Identifying, orally or in writing or in any electronic 56
9494 record, the location where an individual or a group plans to 57
9595 conduct a mass shooting or an act of terrorism. 58
9696 2. Identifying, orally or in writing or in any electronic 59
9797 record, the date upon which an individual or a group plans to 60
9898 conduct a mass shooting or an act of terrorism. 61
9999 3. Purchasing weapons, ammunition, body armor, bomb -making 62
100100 materials, camera equipment, or any other item intended to be 63
101101 used in the course of conducting a mass shooting or an act of 64
102102 terrorism. 65
103103 4. Conducting drills or simulations in preparation for 66
104104 conducting a mass shooting or an act of terrorism. 67
105105 5. Setting up an Internet live stream for the purpose of 68
106106 broadcasting a mass shooting or an act of terrorism. 69
107107 6. Writing a manifesto or detailed plan as to how or why 70
108108 an individual or a group plans to conduct a mass shooting or an 71
109109 act of terrorism. 72
110110 (b) A person who violates this subsection commits a felony 73
111111 of the second degree, punishable as provided in s. 775.082, s. 74
112112 775.083, or s. 775.084. 75
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121121 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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125125 (5)(3) This section does not impose liability on a 76
126126 provider of an interactive computer service, communications 77
127127 services as defined in s. 202.11(1) s. 202.11, a commercial 78
128128 mobile service, or an information service, including, but not 79
129129 limited to, an Internet service provider or a hosting service 80
130130 provider, if it provides the transmission, storage, or caching 81
131131 of electronic communications or messages of others or provides 82
132132 another related telecommunications service, commercial mobile 83
133133 radio service, or information service for use by another person 84
134134 who violates this section. This exemption from liability is 85
135135 consistent with and in addition to any liability exemption 86
136136 provided under 47 U.S.C. s. 230. 87
137137 Section 2. This act shall take effect July 1, 2024. 88