Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (793174) for CS for SB 642
       
       
       
       
       
       
                                Ì147304~Î147304                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2019           .                                
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       The Committee on Appropriations (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1866 - 1935
    4  and insert:
    5         Section 27. Subsection (8) is added to section 57.105,
    6  Florida Statutes, to read:
    7         57.105 Attorney’s fee; sanctions for raising unsupported
    8  claims or defenses; exceptions; service of motions; damages for
    9  delay of litigation.—
   10         (8)Attorney fees may not be awarded under this section in
   11  proceedings for an injunction for protection pursuant to s.
   12  784.046 or s. 784.0485, unless the court finds by clear and
   13  convincing evidence that the petitioner knowingly made a false
   14  statement or allegation in the petition with regard to a
   15  material matter as defined in s. 837.011(3).
   16         Section 28. Paragraph (d) of subsection (1) of section
   17  784.048, Florida Statutes, is amended, and subsections (2)
   18  through (5) and (7) of that section are republished, to read:
   19         784.048 Stalking; definitions; penalties.—
   20         (1) As used in this section, the term:
   21         (d) “Cyberstalk” means:
   22         1. To engage in a course of conduct to communicate, or to
   23  cause to be communicated, words, images, or language by or
   24  through the use of electronic mail or electronic communication,
   25  directed at a specific person; or
   26         2.To access, or attempt to access, the online accounts or
   27  Internet-connected home electronic systems of another person
   28  without that person’s permission,
   29  
   30  causing substantial emotional distress to that person and
   31  serving no legitimate purpose.
   32         (2) A person who willfully, maliciously, and repeatedly
   33  follows, harasses, or cyberstalks another person commits the
   34  offense of stalking, a misdemeanor of the first degree,
   35  punishable as provided in s. 775.082 or s. 775.083.
   36         (3) A person who willfully, maliciously, and repeatedly
   37  follows, harasses, or cyberstalks another person and makes a
   38  credible threat to that person commits the offense of aggravated
   39  stalking, a felony of the third degree, punishable as provided
   40  in s. 775.082, s. 775.083, or s. 775.084.
   41         (4) A person who, after an injunction for protection
   42  against repeat violence, sexual violence, or dating violence
   43  pursuant to s. 784.046, or an injunction for protection against
   44  domestic violence pursuant to s. 741.30, or after any other
   45  court-imposed prohibition of conduct toward the subject person
   46  or that person’s property, knowingly, willfully, maliciously,
   47  and repeatedly follows, harasses, or cyberstalks another person
   48  commits the offense of aggravated stalking, a felony of the
   49  third degree, punishable as provided in s. 775.082, s. 775.083,
   50  or s. 775.084.
   51         (5) A person who willfully, maliciously, and repeatedly
   52  follows, harasses, or cyberstalks a child under 16 years of age
   53  commits the offense of aggravated stalking, a felony of the
   54  third degree, punishable as provided in s. 775.082, s. 775.083,
   55  or s. 775.084.
   56         (7) A person who, after having been sentenced for a
   57  violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
   58  prohibited from contacting the victim of the offense under s.
   59  921.244, willfully, maliciously, and repeatedly follows,
   60  harasses, or cyberstalks the victim commits the offense of
   61  aggravated stalking, a felony of the third degree, punishable as
   62  provided in s. 775.082, s. 775.083, or s. 775.084.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 165 - 171
   67  and insert:
   68         amending s. 57.105, F.S.; prohibiting the awarding of
   69         attorney fees for certain proceedings for injunctions
   70         for protection under specified provisions; providing
   71         an exception; amending s. 784.048, F.S.; revising the
   72         definition of the term “cyberstalk”; providing
   73         criminal penalties;