F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9,921 Engrossed 1 2021 A bill to be entitled An act relating to electronic crimes;threats;

784.048;

redefining the term "cyberstalk";

amending s.

Subsection (1) of section 784.048, Florida Statutes, is amended to read:

784.048 Stalking;

definitions;

penalties.— (1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however Page 1 of 13 CODING:

Words stricken are deletions;

words underlined are additions.

hb0921-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9, Engrossed 1 2021 short, which evidences a continuity of purpose.

The term does not include constitutionally protected activity such as picketing or other organized protests.

(c) "Credible threat" means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.

It is not necessary to prove that the person making the threat had the intent to actually carry out the threat.

The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) "Cyberstalk" means:

1.

To engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person;

or 2.

To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person's permission, causing substantial emotional distress to that person and Page 2 of 13 CODING:

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words underlined are additions.

hb0921-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9, Engrossed 1 2021 serving no legitimate purpose.

Section 2.

exemption from liability.— (1) As used in this section, the term "electronic record" means any record created, modified, archived, received, or distributed electronically which contains any combination of text,Page graphics,1 video,of audio,11 orCODING: pictorial represented in digital form, but does not include a telephone call.

(2)(1) It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent, or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to Page 3 of 13 CODING:

hb0921-02-e1hb0921-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 9,921 Engrossed 1 2021 conducttext, agraphics, massvideo, shootingaudio, or anpictorial actrepresented of terrorism, in anydigital mannerform, inbut whichdoes itnot mayinclude be viewed by that would allow another person to view the threat, when in such writing or record the person makes a threattelephone to:call.

(2)(1) It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent, or any person who makes, posts, or transmits a threat in a writing or other record, including an electronic record, to conduct a mass shooting or an act of terrorism, in any manner in which it may be viewed by that would allow another person to view the threat, when in such writing or record the person makes a threat to:

Section 3.2.

921.0022Page Criminal2 Punishmentof Code;11 CODING:

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.

316.193(2)(b) 3rd Felony DUI, 4th or subsequent Page 4 of 13 CODING:

hb0921-02-e1hb0921-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB ,921 Engrossed2021 1921.0022 2021Criminal conviction.Punishment Code;

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (f) LEVEL 6 Florida Felony Statute Degree Description 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.

316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.

499.0051(3) 2nd Knowing purchase or receipt of prescriptionPage drug3 fromof unauthorized11 person.CODING:

Words stricken are deletions;

words underlined are additions.