SENATE AMENDMENT
Bill No. CS for CS for SB 144, 1st Eng.
Amendment No. ___ Barcode 675640
CHAMBER ACTION
Senate House
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05/01/2001 09:37 AM .
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11 Senator Geller moved the following amendment:
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13 Senate Amendment (with title amendment)
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16 insert:
17 Section 1. Effective October 1, 2001, section 784.048,
18 Florida Statutes, is amended to read:
19 784.048 Stalking; definitions; penalties.--
20 (1) As used in this section, the term:
21 (a) "Harass" means to engage in a course of conduct
22 directed at a specific person that causes substantial
23 emotional distress in such person and serves no legitimate
24 purpose.
25 (b) "Course of conduct" means a pattern of conduct
26 composed of a series of acts over a period of time, however
27 short, evidencing a continuity of purpose. Constitutionally
28 protected activity is not included within the meaning of
29 "course of conduct." Such constitutionally protected activity
30 includes picketing or other organized protests.
31 (c) "Credible threat" means a threat made with the
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SENATE AMENDMENT
Bill No. CS for CS for SB 144, 1st Eng.
Amendment No. ___ Barcode 675640
1 intent to cause the person who is the target of the threat to
2 reasonably fear for his or her safety. The threat must be
3 against the life of, or a threat to cause bodily injury to, a
4 person.
5 (d) "Cyberstalk" means to communicate words, images,
6 or language by or through the use of electronic mail or
7 electronic communication, which communication is directed at a
8 specific person, causes substantial emotional distress in such
9 person, and does not serve a legitimate purpose.
10 (2) Any person who willfully, maliciously, and
11 repeatedly follows, or harasses, or cyberstalks another person
12 commits the offense of stalking, a misdemeanor of the first
13 degree, punishable as provided in s. 775.082 or s. 775.083.
14 (3) Any person who willfully, maliciously, and
15 repeatedly follows, or harasses, or cyberstalks another
16 person, and makes a credible threat with the intent to place
17 that person in reasonable fear of death or bodily injury of
18 the person or the person's child, sibling, spouse, or
19 dependent, commits the offense of aggravated stalking, a
20 felony of the third degree, punishable as provided in s.
21 775.082, s. 775.083, or s. 775.084.
22 (4) Any person who, after an injunction for protection
23 against repeat violence pursuant to s. 784.046, or an
24 injunction for protection against domestic violence pursuant
25 to s. 741.30, or after any other court-imposed prohibition of
26 conduct toward the subject person or that person's property,
27 knowingly, willfully, maliciously, and repeatedly follows, or
28 harasses, or cyberstalks another person commits the offense of
29 aggravated stalking, a felony of the third degree, punishable
30 as provided in s. 775.082, s. 775.083, or s. 775.084.
31 (5) Any person who willfully, maliciously, and
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SENATE AMENDMENT
Bill No. CS for CS for SB 144, 1st Eng.
Amendment No. ___ Barcode 675640
1 repeatedly follows, or harasses, or cyberstalks a minor under
2 16 years of age commits the offense of aggravated stalking, a
3 felony of the third degree, punishable as provided in s.
4 775.082, s. 775.083, or s. 775.084.
5 (6) Any law enforcement officer may arrest, without a
6 warrant, any person he or she has probable cause to believe
7 has violated the provisions of this section.
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9 (Redesignate subsequent sections.)
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13 And the title is amended as follows:
14 On page 1, line 2, after the semicolon,
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16 insert:
17 amending s. 784.048, F.S.; defining the term
18 "cyberstalk" to mean communication by means of
19 electronic mail or electronic communication
20 which causes substantial emotional distress and
21 does not serve a legitimate purpose; including
22 within the offenses of stalking and aggravated
23 stalking the willful, malicious, and repeated
24 cyberstalking of another person; providing
25 penalties; revising the elements of the offense
26 of aggravated stalking to include placing a
27 person in fear of death or bodily injury of the
28 person or the person's child, sibling, spouse,
29 or dependent;
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