Bill Text: FL S1182 | 2015 | Regular Session | Introduced

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Bill Title: Terroristic Threats

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Criminal Justice [S1182 Detail]

Download: Florida-2015-S1182-Introduced.html

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       Florida Senate - 2015                                    SB 1182
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00652A-15                                          20151182__
    1                        A bill to be entitled                      
    2         An act relating to terroristic threats; creating s.
    3         775.32, F.S.; defining terms; providing that a person
    4         commits the crime of terroristic threats if he or she
    5         communicates, directly or indirectly, a threat to do
    6         specified acts; providing criminal penalties;
    7         requiring a person convicted of terroristic threats
    8         to, in addition to other restitution ordered, pay
    9         restitution in an amount equal to the cost of
   10         evacuation; providing that a judgment or order of
   11         restitution does not preclude relief recovery in a
   12         civil action; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 775.32, Florida Statutes, is created to
   17  read:
   18         775.32 Terroristic threats.—
   19         (1) As used in this section, the term:
   20         (a) “Communicate” means to convey in person, in writing, or
   21  by electronic means to another person or other persons a
   22  message, including words, images, or language, through the use
   23  of electronic mail, the Internet, or any other type of
   24  electronic communication.
   25         (b) “Immediate family member” of a person means:
   26         1. A spouse, parent, brother, sister, child, uncle, aunt,
   27  first cousin, nephew, niece, half-brother, half-sister, father
   28  in-law, mother-in-law, son-in-law, daughter-in-law, brother-in
   29  law, sister-in-law, stepparent, stepbrother, stepsister,
   30  stepchild, grandparent, great-grandparent, grandchild, great
   31  grandchild, step grandparent, step great-grandparent, step
   32  grandchild, or step great-grandchild of the person; a person who
   33  is engaged to be married to, or who otherwise holds himself or
   34  herself out as, or is generally known as, the person whom the
   35  person intends to marry; or a person to whom the person stands
   36  in loco parentis; or
   37         2. Any other person living in the person’s household and
   38  related to the person by blood or marriage or any other natural
   39  person having the same legal residence as the person.
   40         (c) “Law enforcement officer” includes a law enforcement
   41  officer, a correctional officer, a correctional probation
   42  officer, a part-time law enforcement officer, a part-time
   43  correctional officer, an auxiliary law enforcement officer, and
   44  an auxiliary correctional officer, as those terms are
   45  respectively defined in s. 943.10, and a county probation
   46  officer; an employee or agent of the Department of Corrections
   47  who supervises or provides services to inmates; an officer of
   48  the Florida Commission on Offender Review; a federal law
   49  enforcement officer as defined in s. 901.1505; and law
   50  enforcement personnel of the Fish and Wildlife Conservation
   51  Commission or the Department of Law Enforcement.
   52         (2) A person commits the crime of terroristic threats if
   53  the person communicates, directly or indirectly, a threat to do
   54  any of the following:
   55         (a) Commit any violent act or any act dangerous to human
   56  life with the intent to terrorize, intimidate, injure, or coerce
   57  a person or group.
   58         (b) Cause the evacuation of a building, place of assembly,
   59  or facility of public transportation.
   60         (c) Cause serious public inconvenience or terror, or cause
   61  serious inconvenience with reckless disregard of the risk of
   62  causing such terror or inconvenience.
   63         (3) A person who violates subsection (2) commits a felony
   64  of the third degree, punishable as provided in s. 775.082, s.
   65  775.083, or s. 775.084.
   66         (4) A person who violates subsection (2) commits a felony
   67  of the second degree, punishable as provided in s. 775.082, s.
   68  775.083, or s. 775.084, if the violation:
   69         (a) Causes the occupants of the building, place of
   70  assembly, or facility of public transportation to be diverted
   71  from their normal or customary operations;
   72         (b) Involves a threat against a law enforcement officer or
   73  an immediate family member of a law enforcement officer; or
   74         (c) Involves a threat against a state attorney or an
   75  assistant state attorney, or an immediate family member of a
   76  state attorney or an assistant state attorney.
   77         (5) A person convicted of violating subsection (2) shall,
   78  in addition to any other restitution that may be ordered, pay
   79  restitution in an amount equal to the cost of the evacuation,
   80  including, but not limited to, fire and police response;
   81  emergency medical service or emergency preparedness response;
   82  and transportation of an individual from the building, place of
   83  assembly, or facility of public transportation. A judgment or
   84  order of restitution does not preclude a person from recovering
   85  from the offender such relief as may be available in a civil
   86  action authorized by law, provided that a civil award shall be
   87  reduced by the amount paid under the judgment or order of
   88  restitution.
   89         Section 2. This act shall take effect October 1, 2015.