Bill Amendment: FL H0921 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Electronic Crimes

Status: 2021-07-06 - Chapter No. 2021-220 [H0921 Detail]

Download: Florida-2021-H0921-Senate_Floor_Amendment_725860.html

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       Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for HB 921
       
       
       
       
       
       
                                Ì725860-Î725860                         
       
                              LEGISLATIVE ACTION                        
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       Senator Book moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 16
    4  insert:
    5         Section 1. Subsection (1) of section 784.048, Florida
    6  Statutes, is amended to read:
    7         784.048 Stalking; definitions; penalties.—
    8         (1) As used in this section, the term:
    9         (a) “Harass” means to engage in a course of conduct
   10  directed at a specific person which causes substantial emotional
   11  distress to that person and serves no legitimate purpose.
   12         (b) “Course of conduct” means a pattern of conduct composed
   13  of a series of acts over a period of time, however short, which
   14  evidences a continuity of purpose. The term does not include
   15  constitutionally protected activity such as picketing or other
   16  organized protests.
   17         (c) “Credible threat” means a verbal or nonverbal threat,
   18  or a combination of the two, including threats delivered by
   19  electronic communication or implied by a pattern of conduct,
   20  which places the person who is the target of the threat in
   21  reasonable fear for his or her safety or the safety of his or
   22  her family members or individuals closely associated with the
   23  person, and which is made with the apparent ability to carry out
   24  the threat to cause such harm. It is not necessary to prove that
   25  the person making the threat had the intent to actually carry
   26  out the threat. The present incarceration of the person making
   27  the threat is not a bar to prosecution under this section.
   28         (d) “Cyberstalk” means:
   29         1. To engage in a course of conduct to communicate, or to
   30  cause to be communicated, directly or indirectly, words, images,
   31  or language by or through the use of electronic mail or
   32  electronic communication, directed at or pertaining to a
   33  specific person; or
   34         2. To access, or attempt to access, the online accounts or
   35  Internet-connected home electronic systems of another person
   36  without that person’s permission,
   37  
   38  causing substantial emotional distress to that person and
   39  serving no legitimate purpose.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42  And the title is amended as follows:
   43         Delete line 2
   44  and insert:
   45         An act relating to electronic crimes; amending s.
   46         784.048; redefining the term “cyberstalk”; amending s.