Florida Senate - 2016                              CS for SB 436
       By the Committee on Criminal Justice; and Senator Simpson
       591-02535-16                                           2016436c1
    1                        A bill to be entitled                      
    2         An act relating to terroristic threats; creating s.
    3         836.12, F.S.; providing definitions; providing that a
    4         person commits the crime of terroristic threats if he
    5         or she threatens to commit a crime of violence under
    6         certain circumstances; providing criminal penalties;
    7         requiring payment of restitution; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 836.12, Florida Statutes, is created to
   13  read:
   14         836.12Terroristic threats.—
   15         (1)As used in this section, the term:
   16         (a)“Facility of public transportation” means a public
   17  conveyance and any area, structure, or device which is used to
   18  support, guide, control, permit, or facilitate the movement,
   19  starting, stopping, takeoff, landing, or servicing of a public
   20  conveyance, or the loading or unloading of passengers, freight,
   21  or goods. For purposes of this paragraph, the term “public
   22  conveyance” includes a passenger or freight train, airplane,
   23  bus, truck, car, boat, tramway, gondola, lift, elevator,
   24  escalator, or other device used for the public carriage of
   25  persons or property.
   26         (b)“Family member of a person” means:
   27         1.An individual related to the person by blood or
   28  marriage;
   29         2.An individual living in the person’s household or having
   30  the same legal residence as the person;
   31         3.An individual who is engaged to be married to the
   32  person, or who holds himself or herself out as, or is generally
   33  known as, an individual whom the person intends to marry; or
   34         4.An individual to whom the person stands in loco
   35  parentis.
   36         (c)“Instructional personnel” has the same meaning as
   37  provided in s. 1012.01.
   38         (d)“Law enforcement officer” means a current or former:
   39         1.Law enforcement officer, correctional officer,
   40  correctional probation officer, part-time law enforcement
   41  officer, part-time correctional officer, part-time correctional
   42  probation officer, auxiliary law enforcement officer, auxiliary
   43  correctional officer, or auxiliary correctional probation
   44  officer, as those terms are respectively defined in s. 943.10,
   45  or county probation officer;
   46         2.Employee or agent of the Department of Corrections who
   47  supervises or provides services to inmates;
   48         3.Officer of the Florida Commission on Offender Review;
   49         4.Federal law enforcement officer as defined in s.
   50  901.1505; or
   51         5.Law enforcement personnel of the Fish and Wildlife
   52  Conservation Commission or the Department of Law Enforcement.
   53         (2)It is unlawful for a person to threaten to commit a
   54  crime of violence with the intent to cause, or with reckless
   55  disregard for the risk of causing:
   56         (a)Terror; or
   57         (b)The evacuation of a building, place of assembly, or
   58  facility of public transportation.
   59         (3)Except as provided in subsection (4), a person who
   60  violates subsection (2) commits a felony of the third degree,
   61  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   62         (4)A person who violates subsection (2) commits a felony
   63  of the second degree, punishable as provided in s. 775.082, s.
   64  775.083, or s. 775.084, if the violation:
   65         (a)Causes the occupants of a building, place of assembly,
   66  or facility of public transportation to be diverted from their
   67  normal or customary operations;
   68         (b)Involves a threat against instructional personnel, a
   69  law enforcement officer, state attorney or assistant state
   70  attorney, firefighter, judge, or elected official; or
   71         (c)Involves a threat against a family member of a person
   72  identified in paragraph (b).
   73         (5)A person convicted of violating subsection (2) shall,
   74  in addition to any other restitution or penalty provided by law,
   75  pay restitution for all costs and damages caused by an
   76  evacuation resulting from the criminal conduct.
   77         Section 2. This act shall take effect July 1, 2016.