Florida Senate - 2025                                     SB 908
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00900A-25                                           2025908__
    1                        A bill to be entitled                      
    2         An act relating to cyberintimidation by publication;
    3         amending s. 836.115, F.S.; providing increased
    4         criminal penalties for persons who electronically
    5         publish another person’s personal identification
    6         information with the intent to, or with the intent
    7         that a third party will use the information to, incite
    8         violence or commit a crime against the person or
    9         threaten or harass the person; authorizing a person
   10         whose personal identification information is
   11         electronically published in violation of certain
   12         provisions to initiate a civil action against the
   13         perpetrator to obtain all appropriate relief;
   14         providing a standard of evidence for an aggrieved
   15         person to prevail in a civil action; making technical
   16         changes; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 836.115, Florida Statutes, is amended to
   21  read:
   22         836.115 Cyberintimidation by publication; civil cause of
   23  action; penalties.—
   24         (1) As used in this section, the term:
   25         (a) “Electronically publish” means to disseminate, post, or
   26  otherwise disclose information to an Internet site or forum.
   27         (b) “Harass” has the same meaning as provided in s.
   28  817.568(1)(c).
   29         (c) “Personal identification information” has the same
   30  meaning as provided in s. 817.568(1) s. 817.568(1)(f).
   31         (2)(a) It is unlawful for a person to electronically
   32  publish another person’s personal identification information
   33  with the intent to, or with the intent that a third party will
   34  use the information to:
   35         1.(a) Incite violence or commit a crime against the person;
   36  or
   37         2.(b) Threaten or harass the person, placing such person in
   38  reasonable fear of bodily harm.
   39         (b) A person who violates this subsection commits a felony
   40  misdemeanor of the third a first degree, punishable as provided
   41  in s. 775.082, or s. 775.083, or s. 775.084.
   42         (3) An individual whose personal identification information
   43  is electronically published in violation of subsection (2) may
   44  initiate a civil action against the perpetrator to obtain all
   45  appropriate relief in order to prevent or remedy the violation,
   46  including injunctive relief, monetary damages, reasonable
   47  attorney fees and costs, or any other appropriate relief in law
   48  or in equity. To prevail in a civil action, an aggrieved person
   49  must establish a violation of subsection (2) by clear and
   50  convincing evidence.
   51         Section 2. This act shall take effect October 1, 2025.