Florida Senate - 2021 SB 1850
By Senator Perry
8-01486B-21 20211850__
1 A bill to be entitled
2 An act relating to electronic threats; amending s.
3 836.10, F.S.; defining the term “electronic record”;
4 prohibiting a person from sending, posting, or
5 transmitting, or from procuring the sending, posting,
6 or transmission of a written or electronic record when
7 in such record the person makes a threat to kill or to
8 do bodily harm to another person or to conduct a mass
9 shooting or an act of terrorism; providing criminal
10 penalties; amending s. 921.0022, F.S.; conforming
11 provisions to changes made by the act; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Present subsections (1) and (2) of section
17 836.10, Florida Statutes, are redesignated as subsections (2)
18 and (3), respectively, a new subsection (1) is added to that
19 section, and present subsection (1) is amended, to read:
20 836.10 Written or electronic threats to kill, do bodily
21 injury, or conduct a mass shooting or an act of terrorism;
22 punishment; exemption from liability.—
23 (1) As used in this section, the term “electronic record”
24 means any record created, modified, archived, received, or
25 distributed electronically which contains any combination of
26 text, graphics, video, audio, or pictorial represented in
27 digital form, but does not include a telephone call.
28 (2)(1) It is unlawful for any person to send, post, or
29 transmit, or procure the sending, posting, or transmission of,
30 who writes or composes and also sends or procures the sending of
31 any letter, inscribed communication, or electronic
32 communication, whether such letter or communication be signed or
33 anonymous, to any person, containing a threat to kill or to do
34 bodily injury to the person to whom such letter or communication
35 is sent, or a threat to kill or do bodily injury to any member
36 of the family of the person to whom such letter or communication
37 is sent, or any person who makes, posts, or transmits a threat
38 in a writing or other record, including an electronic record, to
39 conduct a mass shooting or an act of terrorism, in any manner in
40 which it may be viewed by that would allow another person to
41 view the threat, when in such writing or record the person makes
42 a threat to:
43 (a) Kill or to do bodily harm to another person; or
44 (b) Conduct a mass shooting or an act of terrorism.
45
46 A person who violates this subsection commits a felony of the
47 second degree, punishable as provided in s. 775.082, s. 775.083,
48 or s. 775.084.
49 Section 2. Paragraph (f) of subsection (3) of section
50 921.0022, Florida Statutes, is amended to read:
51 921.0022 Criminal Punishment Code; offense severity ranking
52 chart.—
53 (3) OFFENSE SEVERITY RANKING CHART
54 (f) LEVEL 6
55
56
57 FloridaStatute FelonyDegree Description
58 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
59 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
60 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
61 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
62 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
63 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
64 775.0875(1) 3rd Taking firearm from law enforcement officer.
65 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
66 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
67 784.041 3rd Felony battery; domestic battery by strangulation.
68 784.048(3) 3rd Aggravated stalking; credible threat.
69 784.048(5) 3rd Aggravated stalking of person under 16.
70 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
71 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
72 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
73 784.081(2) 2nd Aggravated assault on specified official or employee.
74 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
75 784.083(2) 2nd Aggravated assault on code inspector.
76 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
77 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
78 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
79 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
80 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
81 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
82 794.05(1) 2nd Unlawful sexual activity with specified minor.
83 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
84 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
85 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
86 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
87 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
88 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
89 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
90 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
91 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
92 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
93 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
94 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
95 825.102(1) 3rd Abuse of an elderly person or disabled adult.
96 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
97 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
98 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
99 827.03(2)(c) 3rd Abuse of a child.
100 827.03(2)(d) 3rd Neglect of a child.
101 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
102 836.05 2nd Threats; extortion.
103 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
104 843.12 3rd Aids or assists person to escape.
105 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
106 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
107 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
108 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
109 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
110 944.40 2nd Escapes.
111 944.46 3rd Harboring, concealing, aiding escaped prisoners.
112 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
113 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
114 Section 3. This act shall take effect October 1, 2021.