Florida 2025 Regular Session

Florida Senate Bill S0908 Latest Draft

Bill / Introduced Version Filed 02/19/2025

 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 persons 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: 22 836.115Cyberintimidation 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 persons 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.