Florida Senate - 2014                                     SB 548
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00810-14                                            2014548__
    1                        A bill to be entitled                      
    2         An act relating to bullying; creating s. 784.049,
    3         F.S.; defining terms; providing that a person who
    4         willfully, maliciously, and repeatedly harasses or
    5         cyberbullies another person commits the offense of
    6         bullying; providing that a person who willfully,
    7         maliciously, and repeatedly harasses or cyberbullies
    8         another person and makes a credible threat to that
    9         person commits the offense of aggravated bullying;
   10         providing criminal penalties; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 784.049, Florida Statutes, is created to
   16  read:
   17         784.049 Bullying; aggravated bullying.—
   18         (1) As used in this section, the term:
   19         (a) “Course of conduct” means a pattern of conduct
   20  involving a series of acts over any period of time which
   21  evidences a continuity of purpose. The term does not include
   22  constitutionally protected activity such as picketing or other
   23  organized protests.
   24         (b) “Credible threat” means a verbal or nonverbal threat,
   25  or both, including a threat delivered electronically or implied
   26  by a pattern of conduct, which places the target of the threat
   27  in reasonable fear for his or her safety, the safety of his or
   28  her family, or the safety of a closely associated individual and
   29  which is made with the apparent ability to carry out the threat.
   30  For purposes of prosecution under this section, it is not
   31  necessary to prove that the person making the threat had the
   32  intent to actually carry out the threat.
   33         (c) “Cyberbullying” means the communication of, or the
   34  attempt to communicate, words, images, symbols, or spoken
   35  language by or through the use of electronic communication which
   36  is directed to a specific person, causes substantial emotional
   37  distress to that person, and does not serve a legitimate
   38  purpose.
   39         (d) “Harass” means to engage in a course of conduct
   40  directed at a specific person which causes substantial emotional
   41  distress to that person and which does not serve a legitimate
   42  purpose.
   43         (2) A person who willfully, maliciously, and repeatedly
   44  harasses or cyberbullies another person commits the offense of
   45  bullying, a misdemeanor of the first degree, punishable as
   46  provided in s. 775.082 or s. 775.083.
   47         (3) A person who willfully, maliciously, and repeatedly
   48  harasses or cyberbullies another person and makes a credible
   49  threat to that person commits the offense of aggravated
   50  bullying, a felony of the third degree, punishable as provided
   51  in s. 775.082, s. 775.083, or s. 775.084.
   52         Section 2. This act shall take effect October 1, 2014.