HB 661

1	A bill to be entitled
2	An act relating to stalking; amending s. 784.048, F.S.;
3	redefining the terms "harass," "credible threat," and
4	"cyberstalk"; defining the terms "electronic
5	communication," "electronic communication device," and
6	"immediate family"; providing that a person who willfully,
7	maliciously, and repeatedly follows, harasses, or
8	cyberstalks a person 65 years of age or older commits the
9	offense of aggravated stalking, a felony of the second
10	degree; providing criminal penalties; providing for
11	reclassification of criminal penalties for certain
12	offenses; providing for a civil cause of action and
13	remedies; providing that the civil remedies are in
14	addition to any other civil, administrative, or criminal
15	remedies provided by law; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 784.048, Florida Statutes, is amended
20	to read:
21	784.048  Stalking; definitions; penalties.--
22	(1)  As used in this section, the term:
23	(a)  "Harass" means to engage in a course of conduct, or to
24	cause or encourage another to engage in a course of conduct,
25	directed at a specific person which that causes substantial
26	emotional distress in such person and serves no legitimate
27	purpose.
28	(b)  "Course of conduct" means a pattern of conduct
29	composed of a series of acts over a period of time, however
30	short, evidencing a continuity of purpose. Constitutionally
31	protected activity is not included within the meaning of "course
32	of conduct." Such constitutionally protected activity includes
33	picketing or other organized protests.
34	(c)  "Credible threat" means any a threat, including a
35	threat delivered by means of an electronic communication device,
36	made with the intent to cause the person who is the target of
37	the threat to reasonably fear bodily injury or death to himself
38	or herself or to a member of his or her immediate family for his
39	or her safety. The threat must be against the life of, or a
40	threat to cause bodily injury to, a person.
41	(d)  "Cyberstalk" means to engage in a course of conduct,
42	or to cause or encourage another to engage in a course of
43	conduct, to communicate, or to cause to be communicated, words,
44	images, or language by or through the use of electronic mail or
45	electronic communication, directed at a specific person, causing
46	substantial emotional distress to that person and serving no
47	legitimate purpose.
48	(e)  "Electronic communication" means any transfer of
49	signs, signals, writing, images, sounds, data, or intelligence
50	of any nature transmitted in whole or in part by a wire, radio,
51	electromagnetic, photoelectronic or photooptical system that
52	affects interstate or foreign commerce.
53	(f)  "Electronic communication device" means any type of
54	instrument, device, machine, equipment, or software that is
55	capable of transmitting, acquiring, encrypting, transferring,
56	decrypting, or receiving any signs, signals, writings, data,
57	images, sounds, or intelligence of any nature by wire, radio,
58	optical, or other electromagnetic system. The term includes, but
59	is not limited to, telephones, cellular phones, computers, video
60	recorders, fax machines, or pagers.
61	(g)  "Immediate family" means spouses, former spouses,
62	persons related by blood or marriage, persons who are presently
63	residing together as if a family or who have resided together in
64	the past as if a family, and persons who are parents of a child
65	in common regardless of whether they have been married. With the
66	exception of persons who have a child in common, the immediate
67	family members must be currently residing or have within the
68	previous 6 months resided together in the same single dwelling
69	unit.
70	(2)  Any person who willfully, maliciously, and repeatedly
71	follows, harasses, or cyberstalks another person commits the
72	offense of stalking, a misdemeanor of the first degree,
73	punishable as provided in s. 775.082 or s. 775.083.
74	(3)  Any person who willfully, maliciously, and repeatedly
75	follows, harasses, or cyberstalks another person, and
76	purposefully engages in a course of conduct involving makes a
77	credible threat with the intent to place that person in
78	reasonable fear of death or bodily injury of the person, or the
79	person's immediate family child, sibling, spouse, parent, or
80	dependent, commits the offense of aggravated stalking, a felony
81	of the third degree, punishable as provided in s. 775.082, s.
82	775.083, or s. 775.084.
83	(4)  Any person who, after an injunction for protection
84	against repeat violence, sexual violence, or dating violence
85	pursuant to s. 784.046, or an injunction for protection against
86	domestic violence pursuant to s. 741.30, or after any other
87	court-imposed prohibition of conduct toward the subject person
88	or that person's property, knowingly, willfully, maliciously,
89	and repeatedly follows, harasses, or cyberstalks another person
90	commits the offense of aggravated stalking, a felony of the
91	third degree, punishable as provided in s. 775.082, s. 775.083,
92	or s. 775.084.
93	(5)  Any person who willfully, maliciously, and repeatedly
94	follows, harasses, or cyberstalks a minor under 16 years of age
95	commits the offense of aggravated stalking, a felony of the
96	third degree, punishable as provided in s. 775.082, s. 775.083,
97	or s. 775.084.
98	(6)  Any law enforcement officer may arrest, without a
99	warrant, any person he or she has probable cause to believe has
100	violated the provisions of this section.
101	(7)  Any person who, after having been sentenced for a
102	violation of s. 794.011 or s. 800.04, and prohibited from
103	contacting the victim of the offense under s. 921.244,
104	willfully, maliciously, and repeatedly follows, harasses, or
105	cyberstalks the victim commits the offense of aggravated
106	stalking, a felony of the third degree, punishable as provided
107	in s. 775.082, s. 775.083, or s. 775.084.
108	(8)  Any person who willfully, maliciously, and repeatedly
109	follows, harasses, or cyberstalks a person 65 years of age or
110	older, regardless of whether he or she knows or has reason to
111	know the age of the victim, commits the offense of aggravated
112	stalking, a felony of the second degree, punishable as provided
113	in s. 775.082, s. 775.083, or s. 775.084.
114	(9)  If a person is charged with violating any provision of
115	this section and conceals his or her identification from the
116	person who is the victim of the violation, uses the electronic
117	bandwidth of another person while violating this section, or
118	destroys evidence of a person's violation of this section, the
119	offense for which the person is charged shall be reclassified as
120	follows:
121	(a)  In the case of aggravated stalking of a person 65
122	years of age or older, from a felony of the second degree to a
123	felony of the first degree.
124	(b)  In the case of aggravated stalking of a minor younger
125	than 16 years of age, from a felony of the third degree to a
126	felony of the second degree.
127	(c)  In the case of aggravated stalking, from a felony of
128	the third degree to a felony of the second degree.
129	(d)  In the case of stalking, from a misdemeanor of the
130	first degree to a felony of the third degree.
131	(10)(8)  The punishment imposed under this section shall
132	run consecutive to any former sentence imposed for a conviction
133	for any offense under s. 794.011 or s. 800.04.
134	(11)(a)  Notwithstanding any other remedy or relief to
135	which a person is entitled, a person suffering damage as a
136	result of a violation of this section may bring an action to
137	recover or obtain actual, punitive, and treble damages,
138	equitable relief, reasonable attorney's fees, investigative
139	costs, court costs, witness costs, deposition expenses, and any
140	other relief a court considers proper.
141	(b)  The remedies of this subsection are in addition to any
142	other civil, administrative, or criminal remedies provided by
143	law.
144	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.