HB 1011 2024
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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
A bill to be entitled 1
An act relating to mass shootings and acts of 2
terrorism; amending s. 836.10, F.S.; revising the 3
definition of the term "electronic record"; revising a 4
prohibition on making threats to conduct a mass 5
shooting or an act of terrorism to include audio and 6
video telephones; prohibiting planning to conduct a 7
mass shooting or an act of terrorism; defining the 8
term "plan to conduct a mass shooting or an act of 9
terrorism"; specifying what constitutes a plan to 10
conduct a mass shooting or an act of terrorism; making 11
technical changes; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 836.10, Florida S tatutes, is amended to 16
read: 17
836.10 Written or electronic threats to kill, do bodily 18
injury; threats to, or conduct a mass shooting or an act of 19
terrorism; planning to conduct a mass shooting or an act of 20
terrorism; punishment; exemption from liability. — 21
(1) As used in this section, the term "electronic record" 22
means any record created, modified, archived, received, or 23
distributed electronically which contains any combination of 24
text, graphics, video, audio, or pictorial represented in 25
HB 1011 2024
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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
digital form, but does not include a telephone call . 26
(2) It is unlawful for any person to send, post, or 27
transmit, or procure the sending, posting, or transmission of, a 28
writing or other record, including an electronic record, in any 29
manner in which it may be viewed by a nother person, when in such 30
writing or record the person makes a threat to : 31
(a) kill or to do bodily harm to another person; or 32
(b) Conduct a mass shooting or an act of terrorism. 33
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A person who violates this subsection commits a felony of the 35
second degree, punishable as provided in s. 775.082, s. 775.083, 36
or s. 775.084. 37
(3)(a) It is unlawful for any person to threaten to 38
conduct a mass shooting or an act of terrorism, regardless of 39
whether orally, in writing, or by any electronic record, 40
including, but not limited to, audio or video telephone calls in 41
which the caller threatens to conduct a mass shooting or an act 42
of terrorism. 43
(b) A person who violates this subsection commits a felony 44
of the second degree, punishable as provided in s. 775.082, s. 45
775.083, or s. 775.084. 46
(4) It is unlawful for any person to plan to conduct a 47
mass shooting or an act of terrorism. 48
(a) As used in this subsection, the term "plan to conduct 49
a mass shooting or an act of terrorism" means to take two or 50
HB 1011 2024
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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
more actions in preparation to conduct a mass shooting or an act 51
of terrorism. Any combination of two or more of the following 52
actions, along with a written or stated desire or intent to 53
commit a mass shooting or an act of terrorism, constitutes 54
planning such an act: 55
1. Identifying, orally or in writing or in any electronic 56
record, the location where an individual or a group plans to 57
conduct a mass shooting or an act of terrorism. 58
2. Identifying, orally or in writing or in any electronic 59
record, the date upon which an individual or a group plans to 60
conduct a mass shooting or an act of terrorism. 61
3. Purchasing weapons, ammunition, body armor, bomb -making 62
materials, camera equipment, or any other item intended to be 63
used in the course of conducting a mass shooting or an act of 64
terrorism. 65
4. Conducting drills or simulations in preparation for 66
conducting a mass shooting or an act of terrorism. 67
5. Setting up an Internet live stream for the purpose of 68
broadcasting a mass shooting or an act of terrorism. 69
6. Writing a manifesto or detailed plan as to how or why 70
an individual or a group plans to conduct a mass shooting or an 71
act of terrorism. 72
(b) A person who violates this subsection commits a felony 73
of the second degree, punishable as provided in s. 775.082, s. 74
775.083, or s. 775.084. 75
HB 1011 2024
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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
(5)(3) This section does not impose liability on a 76
provider of an interactive computer service, communications 77
services as defined in s. 202.11(1) s. 202.11, a commercial 78
mobile service, or an information service, including, but not 79
limited to, an Internet service provider or a hosting service 80
provider, if it provides the transmission, storage, or caching 81
of electronic communications or messages of others or provides 82
another related telecommunications service, commercial mobile 83
radio service, or information service for use by another person 84
who violates this section. This exemption from liability is 85
consistent with and in addition to any liability exemption 86
provided under 47 U.S.C. s. 230. 87
Section 2. This act shall take effect July 1, 2024. 88