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FL H0781

FL H0781
Cyberintimidation by Publication


summary

Introduced
02/19/2025
In Committee
03/20/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to cyberintimidation by publication; amending s. 836.115, F.S.; requiring that specified information has been electronically published without consent in order to constitute a violation; removing the requirement that an offender intend that a person be placed in reasonable fear of bodily harm when making a threat or harassing the person; increasing the criminal penalty for a violation; creating a civil cause of action; requiring a clear and convincing standard of evidence in such actions; providing an effective date.

AI Summary

This bill modifies Florida's existing law on cyberintimidation by publication, expanding protections against the unauthorized electronic publishing of personal identification information. The bill removes the previous requirement that an offender must intend to place a person in reasonable fear of bodily harm, and instead focuses on the intent to harass, threaten, or incite violence against the victim. It increases the criminal penalty for such actions from a first-degree misdemeanor to a third-degree felony, which could result in more significant legal consequences. Additionally, the bill creates a new civil cause of action, allowing victims to sue perpetrators for damages, injunctive relief, and attorney fees. To succeed in a civil lawsuit, the victim must prove the violation by "clear and convincing evidence," a higher standard of proof than the typical civil "preponderance of evidence" standard. The new law will take effect on October 1, 2025, giving time for legal professionals and the public to become aware of the changes. The bill aims to provide stronger legal protections against online harassment and the malicious sharing of personal information.

Committee Categories

Justice

Sponsors (8)

Other Sponsors (1)

Criminal Justice Subcommittee (H)

Last Action

Died in Civil Justice & Claims Subcommittee (on 06/16/2025)

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