Florida Senate - 2024 SB 788 By Senator Powell 24-00767-24 2024788__ 1 A bill to be entitled 2 An act relating to public safety; amending s. 836.10, 3 F.S.; revising the definition of the term electronic 4 record; revising a prohibition on making threats to 5 conduct a mass shooting or an act of terrorism to 6 include audio and video telephone calls; prohibiting 7 planning to conduct a mass shooting or an act of 8 terrorism; defining the term plan to conduct a mass 9 shooting or an act of terrorism; specifying what 10 constitutes a plan to conduct a mass shooting or an 11 act of terrorism; providing criminal penalties; making 12 technical changes; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Section 836.10, Florida Statutes, is amended to 17 read: 18 836.10Written or electronic threats to kill, do bodily 19 injury, or conduct a mass shooting or an act of terrorism; 20 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 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 another 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 (3)It is unlawful for any person to threaten to conduct a 34 mass shooting or an act of terrorism, regardless of whether 35 orally, in writing, or by any electronic record, including, but 36 not limited to, audio or video telephone calls. 37 (4)It is unlawful for any person to plan to conduct a mass 38 shooting or an act of terrorism. As used in this section, the 39 term plan to conduct a mass shooting or an act of terrorism 40 means to take two or more actions in preparation to conduct a 41 mass shooting or an act of terrorism. Any combination of two or 42 more of the following actions, along with a written or stated 43 desire or intent to commit a mass shooting or an act of 44 terrorism, constitutes planning such an act: 45 (a)Identifying, orally or in writing or in any electronic 46 record, the location where an individual or a group plans to 47 conduct a mass shooting or an act of terrorism. 48 (b)Identifying, orally or in writing or in any electronic 49 record, the date upon which an individual or a group plans to 50 conduct a mass shooting or an act of terrorism. 51 (c)Purchasing weapons, ammunition, body armor, bomb-making 52 materials, camera equipment, or any other item intended to be 53 used in the course of conducting a mass shooting or an act of 54 terrorism. 55 (d)Conducting drills or simulations in preparation for 56 conducting a mass shooting or an act of terrorism. 57 (e)Setting up an Internet live stream for the purpose of 58 broadcasting a mass shooting or an act of terrorism. 59 (f)Writing a manifesto or detailed plan as to how or why 60 an individual or a group plans to conduct a mass shooting or an 61 act of terrorism. 62 63 A person who violates this subsection commits a felony of the 64 second degree, punishable as provided in s. 775.082, s. 775.083, 65 or s. 775.084. 66 (5)(3)This section does not impose liability on a provider 67 of an interactive computer service, communications services as 68 defined in s. 202.11, a commercial mobile service, or an 69 information service, including, but not limited to, an Internet 70 service provider or a hosting service provider, if it provides 71 the transmission, storage, or caching of electronic 72 communications or messages of others or provides another related 73 telecommunications service, commercial mobile radio service, or 74 information service for use by another person who violates this 75 section. This exemption from liability is consistent with and in 76 addition to any liability exemption provided under 47 U.S.C. s. 77 230. 78 Section 2.This act shall take effect July 1, 2024.