Senate Bill sb1902

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    Florida Senate - 2006                                  SB 1902

    By Senator Smith





    14-1389-06

  1                      A bill to be entitled

  2         An act relating to stalking; amending s.

  3         784.048, F.S.; defining the term "claimant";

  4         providing that a claimant may bring a civil

  5         action in a circuit court for damages against a

  6         person for stalking; requiring the claimant to

  7         prove the claim by a preponderance of the

  8         evidence; authorizing the court to award

  9         reasonable attorney's fees, court costs, and

10         punitive damages to the claimant, in addition

11         to actual damages; requiring a civil action for

12         stalking be commenced within 2 years after the

13         conduct giving rise to the claim; providing

14         that the remedies provided by the act are not

15         exclusive and are cumulative to any other

16         remedies, civil or criminal, provided by law;

17         providing that it is a defense to the civil

18         action that the person alleged to be stalking

19         the claimant was engaged in activity in support

20         of constitutionally or statutorily protected

21         rights; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 784.048, Florida Statutes, is

26  amended to read:

27         784.048  Stalking; definitions; criminal and civil

28  penalties.--

29         (1)  As used in this section, the term:

30         (a)  "Claimant" means a party seeking to recover

31  damages under this section, including a plaintiff,

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    Florida Senate - 2006                                  SB 1902
    14-1389-06




 1  counterclaimant, cross-claimant, or third-party plaintiff.

 2  "Harass" means to engage in a course of conduct directed at a

 3  specific person that causes substantial emotional distress in

 4  such person and serves no legitimate purpose.

 5         (b)  "Course of conduct" means a pattern of conduct

 6  composed of a series of acts over a period of time, however

 7  short, evidencing a continuity of purpose. Constitutionally

 8  protected activity is not included within the meaning of

 9  "course of conduct." Such constitutionally protected activity

10  includes picketing or other organized protests.

11         (c)  "Credible threat" means a threat made with the

12  intent to cause the person who is the target of the threat to

13  reasonably fear for his or her safety. The threat must be

14  against the life of, or a threat to cause bodily injury to, a

15  person.

16         (d)  "Cyberstalk" means to engage in a course of

17  conduct to communicate, or to cause to be communicated, words,

18  images, or language by or through the use of electronic mail

19  or electronic communication, directed at a specific person,

20  causing substantial emotional distress to that person and

21  serving no legitimate purpose.

22         (e)  "Harass" means to engage in a course of conduct

23  directed at a specific person which causes substantial

24  emotional distress in the person and serves no legitimate

25  purpose.

26         (2)  Any person who willfully, maliciously, and

27  repeatedly follows, harasses, or cyberstalks another person

28  commits the offense of stalking, a misdemeanor of the first

29  degree, punishable as provided in s. 775.082 or s. 775.083.

30         (3)  Any person who willfully, maliciously, and

31  repeatedly follows, harasses, or cyberstalks another person,

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    Florida Senate - 2006                                  SB 1902
    14-1389-06




 1  and makes a credible threat with the intent to place that

 2  person in reasonable fear of death or bodily injury of the

 3  person, or the person's child, sibling, spouse, parent, or

 4  dependent, commits the offense of aggravated stalking, a

 5  felony of the third degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084.

 7         (4)  Any person who, after an injunction for protection

 8  against repeat violence, sexual violence, or dating violence

 9  pursuant to s. 784.046, or an injunction for protection

10  against domestic violence pursuant to s. 741.30, or after any

11  other court-imposed prohibition of conduct toward the subject

12  person or that person's property, knowingly, willfully,

13  maliciously, and repeatedly follows, harasses, or cyberstalks

14  another person commits the offense of aggravated stalking, a

15  felony of the third degree, punishable as provided in s.

16  775.082, s. 775.083, or s. 775.084.

17         (5)  Any person who willfully, maliciously, and

18  repeatedly follows, harasses, or cyberstalks a minor under 16

19  years of age 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         (6)  Any law enforcement officer may arrest, without a

23  warrant, any person he or she has probable cause to believe

24  has violated the provisions of this section.

25         (7)  Any person who, after having been sentenced for a

26  violation of s. 794.011 or s. 800.04, and prohibited from

27  contacting the victim of the offense under s. 921.244,

28  willfully, maliciously, and repeatedly follows, harasses, or

29  cyberstalks the victim commits the offense of aggravated

30  stalking, a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 2006                                  SB 1902
    14-1389-06




 1         (8)  The punishment imposed under this section shall

 2  run consecutive to any former sentence imposed for a

 3  conviction for any offense under s. 794.011 or s. 800.04.

 4         (9)(a)  A claimant may bring a civil action in a

 5  circuit court for damages against a person if:

 6         1.  The person willfully, maliciously, and repeatedly

 7  follows, harasses, or cyberstalks the claimant, thereby making

 8  a credible threat to the safety of the claimant;

 9         2.  It is objectively reasonable for a person in the

10  claimant's situation to have been alarmed, threatened, or

11  coerced by the contact; and

12         3.  The repeated and unwanted contact giving rise to

13  the credible threat by the person causes the claimant

14  reasonable apprehension regarding the personal safety of the

15  claimant, or the claimant's child, sibling, spouse, parent, or

16  dependent, or the safekeeping of claimant's property.

17         (b)  The claimant has the burden of proving, by a

18  preponderance of the evidence, that the person violated

19  paragraph (a).

20         (c)  In any civil action arising out of a violation of

21  this subsection, the court may award reasonable attorney's

22  fees, court costs, and punitive damages to the claimant, in

23  addition to actual damages, including damages for emotional

24  distress, suffered by the claimant.

25         (d)  A civil action arising under this subsection must

26  be commenced within 2 years after the conduct giving rise to

27  the claim.

28         (e)  The remedies provided by this subsection are not

29  exclusive and are cumulative to any other remedies, civil or

30  criminal, provided by law for the conduct giving rise to the

31  claim.

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    Florida Senate - 2006                                  SB 1902
    14-1389-06




 1         (f)  It is a defense to a civil action brought under

 2  this subsection that the person was engaged in conduct that

 3  consisted of activity in support of constitutionally or

 4  statutorily protected rights.

 5         Section 2.  This act shall take effect July 1, 2006.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides that a claimant may bring a civil action in a
      circuit court for damages against a person for stalking
10    the claimant. Requires the claimant to prove the claim by
      a preponderance of the evidence. Authorizes the court to
11    award reasonable attorney's fees, court costs, and
      punitive damages to the claimant, in addition to actual
12    damages. Requires a civil action for stalking to be
      commenced within 2 years after the conduct giving rise to
13    the claim. Provides that the remedies provided by the act
      are not exclusive and are cumulative to any other
14    remedies. Provides that it is a defense to the civil
      action that the person alleged to be stalking the
15    claimant was engaged in activity in support of
      constitutionally or statutorily protected rights.
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