Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 728
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/05/2020 03:42 PM       .                                

       Senator Simmons moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete line 104
    4  and insert:
    5         Section 3. Effective upon this act becoming a law,
    6  paragraph (a) of subsection (1) of section 784.046, Florida
    7  Statutes, is amended to read:
    8         784.046 Action by victim of repeat violence, sexual
    9  violence, or dating violence for protective injunction; dating
   10  violence investigations, notice to victims, and reporting;
   11  pretrial release violations; public records exemption.—
   12         (1) As used in this section, the term:
   13         (a) “Violence” means any assault, aggravated assault,
   14  battery, aggravated battery, sexual assault, sexual battery,
   15  stalking, aggravated stalking, cyberstalking, kidnapping, or
   16  false imprisonment, or any criminal offense resulting in
   17  physical injury or death, by a person against any other person.
   18         Section 4. Effective upon this act becoming a law,
   19  paragraph (d) of subsection (1) of section 784.048, Florida
   20  Statutes, is amended to read:
   21         784.048 Stalking; definitions; penalties.—
   22         (1) As used in this section, the term:
   23         (d) “Cyberstalk” means:
   24         1. To engage in a course of conduct to communicate, or to
   25  cause to be communicated, words, images, or language by or
   26  through any of the following:
   27         a. The use of electronic mail or electronic communication,
   28  directed at a specific person; or
   29         b.Posting on an Internet website, blog, or social network,
   30  the content of which pertains to a specific person despite the
   31  fact that the post may also be visible to or accessed by other
   32  subscribers of the social networking site; or
   33         2. To access, or attempt to access, the online accounts or
   34  Internet-connected home electronic systems of another person
   35  without that person’s permission,
   37  causing substantial emotional distress to that person and
   38  serving no legitimate purpose.
   39         Section 5. Except as otherwise expressly provided in this
   40  act and except for this section, which shall take effect upon
   41  this act becoming a law, this act shall take effect October 1,
   42  2020.
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 11
   47  and insert:
   48         act; amending s. 784.046, F.S.; redefining the term
   49         “violence” to include incidents of cyberstalking;
   50         amending s. 784.048, F.S.; redefining the term
   51         “cyberstalk”; providing effective dates.