Florida Senate - 2016                                     SB 436
       By Senator Simpson
       18-00447-16                                            2016436__
    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
    6         commit 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; requiring that an award from a civil
   13         action be reduced by the amount paid under a judgment
   14         or order of restitution; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 775.32, Florida Statutes, is created to
   19  read:
   20         775.32 Terroristic threats.—
   21         (1) As used in this section, the term:
   22         (a) “Communicate” means to convey to another person or
   23  other persons a message, including words, images, or language,
   24  orally or in writing, in person, by telephone, or by electronic
   25  means, including through the use of e-mail, the Internet, or any
   26  other type of electronic communication.
   27         (b) “Immediate family member” of a person means:
   28         1. A spouse, parent, brother, sister, child, uncle, aunt,
   29  first cousin, nephew, niece, half brother, half sister, father
   30  in-law, mother-in-law, son-in-law, daughter-in-law, brother-in
   31  law, sister-in-law, stepmother, stepfather, stepbrother,
   32  stepsister, stepdaughter, stepson, grandparent, great
   33  grandparent, grandchild, great grandchild, step grandparent,
   34  step great grandparent, step grandchild, or step great
   35  grandchild of the person; a person who is engaged to be married
   36  to such person, or who otherwise holds himself or herself out,
   37  or is generally known, as the person whom the person intends to
   38  marry; or a person standing in loco parentis of a minor; or
   39         2. Any other person living in the person’s household and
   40  related to the person by blood or marriage or any other natural
   41  person having the same legal residence as the person.
   42         (c) “Law enforcement officer” includes a law enforcement
   43  officer, a correctional officer, a correctional probation
   44  officer, a part-time law enforcement officer, a part-time
   45  correctional officer, an auxiliary law enforcement officer, and
   46  an auxiliary correctional officer, as those terms are
   47  respectively defined in s. 943.10, and a county probation
   48  officer; an employee or agent of the Department of Corrections
   49  who supervises or provides services to inmates; an officer of
   50  the Florida Commission on Offender Review; a federal law
   51  enforcement officer as defined in s. 901.1505; and law
   52  enforcement personnel of the Fish and Wildlife Conservation
   53  Commission or the Department of Law Enforcement.
   54         (2) A person commits the crime of terroristic threats if
   55  the person communicates, directly or indirectly, a threat to
   56  commit any of the following with the intent to terrorize,
   57  intimidate, injure, or coerce a person or group:
   58         (a) Commit any violent act or any act dangerous to human
   59  life.
   60         (b) Cause the evacuation of a building, place of assembly,
   61  or facility of public transportation.
   62         (c) Cause serious public inconvenience or terror, or to
   63  make such a threat with reckless disregard of the risk of
   64  causing public inconvenience or terror.
   65         (3) A person who violates subsection (2) commits a felony
   66  of the third degree, punishable as provided in s. 775.082, s.
   67  775.083, or s. 775.084.
   68         (4) A person who violates subsection (2) commits a felony
   69  of the second degree, punishable as provided in s. 775.082, s.
   70  775.083, or s. 775.084, if the violation:
   71         (a) Causes the occupants of the building, place of
   72  assembly, or facility of public transportation to be diverted
   73  from their normal or customary operations;
   74         (b) Involves a threat against a law enforcement officer or
   75  an immediate family member of a law enforcement officer; or
   76         (c) Involves a threat against a state attorney or an
   77  assistant state attorney, or an immediate family member of a
   78  state attorney or an assistant state attorney.
   79         (5) A person convicted of violating subsection (2) shall,
   80  in addition to any other restitution that may be ordered, pay
   81  restitution in an amount equal to the cost of the evacuation,
   82  including, but not limited to, fire and police response
   83  expenses; emergency medical service or emergency management
   84  response expenses; and expenses incurred in the transportation
   85  of an individual from the building, place of assembly, or
   86  facility of public transportation. A judgment or order of
   87  restitution does not preclude a person from recovering from the
   88  offender such relief as may be available in a civil action
   89  authorized by law, provided that a civil award shall be reduced
   90  by the amount paid under the judgment or order of restitution.
   91         Section 2. This act shall take effect October 1, 2016.