Florida Senate - 2008 (Reformatted) SB 348
By Senator Ring
32-00273-08 2008348__
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A bill to be entitled
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An act relating to stalking; amending s. 784.048, F.S.;
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redefining the terms "harass," "credible threat," and
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"cyberstalk"; defining the terms "electronic
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communication," "electronic communication device," and
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"immediate family"; providing that a person who willfully,
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maliciously, and repeatedly follows, harasses, or
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cyberstalks a person 65 years of age or older commits the
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offense of aggravated stalking, a felony of the second
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degree; providing criminal penalties; providing for
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reclassification of criminal penalties for certain
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offenses; providing for a civil cause of action and
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remedies; providing that the civil remedies are in
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addition to any other civil, administrative, or criminal
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remedies provided by law; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 784.048, Florida Statutes, is amended to
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read:
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784.048 Stalking; definitions; penalties.--
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(1) As used in this section, the term:
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(a) "Harass" means to engage in a course of conduct, or to
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cause or encourage another to engage in a course of conduct,
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directed at a specific person which that causes substantial
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emotional distress in such person and serves no legitimate
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purpose.
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(b) "Course of conduct" means a pattern of conduct composed
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of a series of acts over a period of time, however short,
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evidencing a continuity of purpose. Constitutionally protected
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activity is not included within the meaning of "course of
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conduct." Such constitutionally protected activity includes
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picketing or other organized protests.
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(c) "Credible threat" means any a threat, including a
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threat delivered by means of an electronic communication device,
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made with the intent to cause the person who is the target of the
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threat to reasonably fear bodily injury or death to himself or
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herself or to a member of his or her immediate family for his or
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her safety. The threat must be against the life of, or a threat
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to cause bodily injury to, a person.
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(d) "Cyberstalk" means to engage in a course of conduct, or
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to cause or encourage another to engage in a course of conduct,
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to communicate, or to cause to be communicated, words, images, or
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language by or through the use of electronic mail or electronic
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communication, directed at a specific person, causing substantial
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emotional distress to that person and serving no legitimate
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purpose.
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(e) "Electronic communication" means any transfer of signs,
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signals, writing, images, sounds, data, or intelligence of any
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nature transmitted in whole or in part by a wire, radio,
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electromagnetic, photoelectronic, or photooptical system that
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affects interstate or foreign commerce.
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(f) "Electronic communication device" means any type of
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instrument, device, machine, equipment, or software that is
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capable of transmitting, acquiring, encrypting, transferring,
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decrypting, or receiving any signs, signals, writings, data,
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images, sounds, or intelligence of any nature by wire, radio,
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optical, or other electromagnetic system. The term includes, but
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is not limited to, telephones, cellular phones, computers, video
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recorders, fax machines, or pagers.
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(g) "Immediate family" means spouses, former spouses,
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persons related by blood or marriage, persons who are presently
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residing together as if a family or who have resided together in
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the past as if a family, and persons who are parents of a child
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in common regardless of whether they have been married. With the
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exception of persons who have a child in common, the immediate
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family members must be currently residing or have within the
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previous 6 months resided together in the same single dwelling
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unit.
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(2) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks another person commits the
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offense of stalking, a misdemeanor of the first degree,
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(3) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks another person, and
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purposefully engages in a course of conduct involving makes a
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credible threat with the intent to place that person in
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reasonable fear of death or bodily injury of the person, or the
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person's immediate family child, sibling, spouse, parent, or
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dependent, commits the offense of aggravated stalking, a felony
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of the third degree, punishable as provided in s. 775.082, s.
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(4) Any person who, after an injunction for protection
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against repeat violence, sexual violence, or dating violence
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pursuant to s. 784.046, or an injunction for protection against
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domestic violence pursuant to s. 741.30, or after any other
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court-imposed prohibition of conduct toward the subject person or
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that person's property, knowingly, willfully, maliciously, and
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repeatedly follows, harasses, or cyberstalks another person
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commits the offense of aggravated stalking, a felony of the third
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(5) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks a minor under 16 years of age
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commits the offense of aggravated stalking, a felony of the third
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(6) Any law enforcement officer may arrest, without a
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warrant, any person he or she has probable cause to believe has
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violated the provisions of this section.
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(7) Any person who, after having been sentenced for a
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contacting the victim of the offense under s. 921.244, willfully,
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maliciously, and repeatedly follows, harasses, or cyberstalks the
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victim commits the offense of aggravated stalking, a felony of
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the third degree, punishable as provided in s. 775.082, s.
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(8) Any person who willfully, maliciously, and repeatedly
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follows, harasses, or cyberstalks a person 65 years of age or
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older, regardless of whether he or she knows or has reason to
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know the age of the victim, commits the offense of aggravated
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stalking, a felony of the second degree, punishable as provided
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(9) If a person is charged with violating any provision of
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this section and conceals his or her identification from the
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person who is the victim of the violation, uses the electronic
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bandwidth of another person while violating this section, or
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destroys evidence of a person's violation of this section, the
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offense for which the person is charged shall be reclassified as
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follows:
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(a) In the case of aggravated stalking of a person 65 years
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of age or older, from a felony of the second degree to a felony
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of the first degree.
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(b) In the case of aggravated stalking of a minor younger
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than 16 years of age, from a felony of the third degree to a
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felony of the second degree.
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(c) In the case of aggravated stalking, from a felony of
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the third degree to a felony of the second degree.
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(d) In the case of stalking, from a misdemeanor of the
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first degree to a felony of the third degree.
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(10)(8) The punishment imposed under this section shall run
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consecutive to any former sentence imposed for a conviction for
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(11)(a) Notwithstanding any other remedy or relief to which
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a person is entitled, a person suffering damage as a result of a
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violation of this section may bring an action to recover or
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obtain actual, punitive, and treble damages, equitable relief,
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reasonable attorney's fees, investigative costs, court costs,
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witness costs, deposition expenses, and any other relief a court
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considers proper.
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(b) The remedies of this subsection are in addition to any
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other civil, administrative, or criminal remedies provided by
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law.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.