Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 436
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 836.12, Florida Statutes, is created to
    6  read:
    7         836.12Terroristic threats.—
    8         (1)As used in this section, the term:
    9         (a)“Facility of public transportation” means a public
   10  conveyance and any area, structure, or device which is used to
   11  support, guide, control, permit, or facilitate the movement,
   12  starting, stopping, takeoff, landing, or servicing of a public
   13  conveyance, or the loading or unloading of passengers, freight,
   14  or goods. For purposes of this paragraph, the term “public
   15  conveyance” includes a passenger or freight train, airplane,
   16  bus, truck, car, boat, tramway, gondola, lift, elevator,
   17  escalator, or other device used for the public carriage of
   18  persons or property.
   19         (b)“Family member of a person” means:
   20         1.An individual related to the person by blood or
   21  marriage;
   22         2.An individual living in the person’s household or having
   23  the same legal residence as the person;
   24         3.An individual who is engaged to be married to the
   25  person, or who holds himself or herself out as, or is generally
   26  known as, an individual whom the person intends to marry; or
   27         4.An individual to whom the person stands in loco
   28  parentis.
   29         (c)“Instructional personnel” has the same meaning as
   30  provided in s. 1012.01.
   31         (d)“Law enforcement officer” means a current or former:
   32         1.Law enforcement officer, correctional officer,
   33  correctional probation officer, part-time law enforcement
   34  officer, part-time correctional officer, part-time correctional
   35  probation officer, auxiliary law enforcement officer, auxiliary
   36  correctional officer, or auxiliary correctional probation
   37  officer, as those terms are respectively defined in s. 943.10,
   38  or county probation officer;
   39         2.Employee or agent of the Department of Corrections who
   40  supervises or provides services to inmates;
   41         3.Officer of the Florida Commission on Offender Review;
   42         4.Federal law enforcement officer as defined in s.
   43  901.1505; or
   44         5.Law enforcement personnel of the Fish and Wildlife
   45  Conservation Commission or the Department of Law Enforcement.
   46         (2)It is unlawful for a person to threaten to commit a
   47  crime of violence with the intent to cause, or with reckless
   48  disregard for the risk of causing:
   49         (a)Terror; or
   50         (b)The evacuation of a building, place of assembly, or
   51  facility of public transportation.
   52         (3)Except as provided in subsection (4), a person who
   53  violates subsection (2) commits a felony of the third degree,
   54  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   55         (4)A person who violates subsection (2) commits a felony
   56  of the second degree, punishable as provided in s. 775.082, s.
   57  775.083, or s. 775.084, if the violation:
   58         (a)Causes the occupants of a building, place of assembly,
   59  or facility of public transportation to be diverted from their
   60  normal or customary operations;
   61         (b)Involves a threat against instructional personnel, a
   62  law enforcement officer, state attorney or assistant state
   63  attorney, firefighter, judge, or elected official; or
   64         (c)Involves a threat against a family member of a person
   65  identified in paragraph (b).
   66         (5)A person convicted of violating subsection (2) shall,
   67  in addition to any other restitution or penalty provided by law,
   68  pay restitution for all costs and damages caused by an
   69  evacuation resulting from the criminal conduct.
   70         Section 2. This act shall take effect July 1, 2016.
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Delete everything before the enacting clause
   75  and insert:
   76                        A bill to be entitled                      
   77         An act relating to terroristic threats; creating s.
   78         836.12, F.S.; providing definitions; providing that a
   79         person commits the crime of terroristic threats if he
   80         or she threatens to commit a crime of violence under
   81         certain circumstances; providing criminal penalties;
   82         requiring payment of restitution; providing an
   83         effective date.