Florida § 775.33 - Providing material support or resources for terrorism or to terrorist organizations.

§ 775.33. Providing material support or resources for terrorism or to terrorist organizations.

(1) As used in this section, the term: (a) “Designated foreign terrorist organization” has the same meaning as provided in s. 775.32. (b) “Domestic terrorist organization” means an organization whose designation as such has been published in the Florida Administrative Register in accordance with s. 943.03102. (c) “Expert advice or assistance” means advice or assistance derived from scientific, technical, or other specialized knowledge. (d) “Material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, or transportation. The term does not include medicine or religious materials. (e) “Serious bodily injury” has the same meaning as provided in s. 775.30(3). (f) “Training” means instruction or teaching designed to impart a specific skill rather than general knowledge. (2) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person: (a) Provides material support or resources or conceals or disguises the nature, location, source, or ownership of the material support or resources, knowing or intending that the support or resources are to be used in preparation for or in carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s. 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s. 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32, s. 876.34, or s. 876.36; (b) Conceals an escape from the commission of a violation of paragraph (a); or (c) Attempts or conspires to commit a violation of paragraph (a). (3) A person who knowingly provides material support or resources to a designated foreign terrorist organization or a domestic terrorist organization, or attempts or conspires to do so, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. To violate this subsection, a person must have knowledge that the organization is a designated foreign terrorist organization or a domestic terrorist organization, or that the organization has engaged in or engages in terrorism or terrorist activity. (4) A person who commits a violation of subsection (2) or subsection (3) which results in death or serious bodily injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)(a) For purposes of prosecution under subsection (2) or subsection (3), a person is deemed to provide material support or resources by providing personnel if the person knowingly provides, attempts to provide, or conspires to provide himself or herself or another person to: 1. Work under the direction and control of a designated foreign terrorist organization or a domestic terrorist organization, or a person engaged in, or intending to engage in, an act of terrorism; or 2. Organize, manage, supervise, or otherwise direct the operations of a designated foreign terrorist organization or a domestic terrorist organization, or a person engaged in, or intending to engage in, an act of terrorism. (b) An individual who acts entirely independently of the designated foreign terrorist organization or a domestic terrorist organization, or the person engaged in, or intending to engage in, an act of terrorism to advance the organization’s or person’s goals or objectives is not working under the direction and control of the designated foreign terrorist organization or domestic terrorist organization or person engaged in, or intending to engage in, an act of terrorism. (6) A person may not be prosecuted under this section if his or her activity was authorized by a governmental or law enforcement agency of this state or of the United States in the agency’s official capacity and pursuant to a lawful purpose. (7) It is the intent of the Legislature that subsections (2) and (3) be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. ss. 2339A and 2339B, respectively. (8) The Department of Law Enforcement, in consultation with the Office of the Attorney General, shall create guidelines for law enforcement investigations conducted pursuant to this section to ensure the protection of privacy rights, civil rights, and civil liberties.