The 2023 Florida Statutes (including Special Session C)
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. . . ." § 784.048(2), Fla. Stat. . . . ." § 784.048(1)(a), Fla. Stat. We review the sufficiency of the evidence de novo. Pickett v. . . . the conduct must be bad enough to produce substantial emotional distress in a reasonable person. § 784.048 . . .
. . . ." § 784.048(2), Fla. Stat. (2016). . . . ." § 784.048(1)(a), Fla. Stat. . . . ." § 784.048(1)(b), Fla. Stat. . . . put dog waste in a trash can, and avoided getting hit by a bus for legitimate purposes under section 784.048 . . .
. . . ." § 784.048(3), Fla. Stat. (2016). . . . ." § 784.048(1)(a). " 'Course of conduct' means a pattern of conduct composed of a series of acts over . . . a period of time, however short, which evidences a continuity of purpose." § 784.048(1)(b). . . . person, causing substantial emotional distress to that person and serving no legitimate purpose." § 784.048 . . . addition to their content-constituted a "course of conduct" for purposes of the stalking statute. § 784.048 . . .
. . . Rondan Keith was charged in the information with violating section 784.048(4), Florida Statutes (2016 . . . ), but was adjudicated guilty in the judgment of violating section 784.048(7). . . .
. . . Stat., which is defined in section 784.048(2) to encompass when a person "willfully, maliciously, and . . . Regarding harassment, Florida law defines "harass" in section 784.048(1)(a) to mean "engag[ing] in a . . .
. . . proposes deleting instruction 8.8 because there are two standard instructions that pertain to section 784.048 . . . 302], and 2018 [238 So.3d 192], and 2018. 8.8 AGGRAVATED STALKING (Victim under 16 years of age) § 784.048 . . . Lesser Included Offenses AGGRAVATED STALKING (Victim under 16 years of age) 784.048(5) CATEGORY ONE CATEGORY . . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against . . . domestic violence Comment This instruction is based on the text of section 784.048(5), Florida Statutes . . .
. . . Seese involved the use of "maliciously" in section 784.048(4), Florida Statutes (2004). . . . ." § 784.048(4), Fla. Stat. We explained that we take the text of the statute "as a whole." . . .
. . . Stalking is defined under section 784.048(2), Florida Statutes (2017), as "willfully, maliciously, and . . . [her] which cause[d] substantial emotional distress to [her] and serve[d] no legitimate purpose." § 784.048 . . . Husband to Wife's brother, which is legally insufficient to constitute "cyberstalking" under section 784.048 . . .
. . . ." § 784.048(2), Fla. Stat. . . . ." § 784.048(1)(a), Fla. Stat. . . .
. . . Further, Florida Statute section 784.048 provides that "[a] person who willfully, maliciously, and repeatedly . . . See id. § 784.048. . . . Stat. § 784.048(1)(a). " 'Cyberstalk' means to engage in a course of conduct to communicate, or to cause . . . Stat. § 784.048(1)(d). " 'Course of conduct' means a pattern of conduct composed of a series of acts . . . Id. § 784.048(1)(b). . . .
. . . See § 784.048(1)(a), Fla. Stat.; see also Bouters v. . . .
. . . ." § 784.048(2), Fla. Stat. (2016). . . . ." § 784.048(1)(a), Fla. Stat. . . . ." § 784.048(1)(b), Fla. Stat. . . .
. . . As defined in section 784.048(2), Florida Statutes (2016), stalking occurs when a person "willfully, . . . "Harass" is defined in section 784.048(1)(a) to mean "engag[ing] in a course of conduct directed at a . . . a series of acts over a period of time, however short, which evidences a continuity of purpose." § 784.048 . . . However, nowhere in the definitions of section 784.048 is stalking defined as a multiple of itself. . . . passing by, which falls short of a malicious "course of conduct" serving "no legitimate purpose." § 784.048 . . .
. . . .” § 784.048(2), Fla. Stat. (2016). . . . person which causes substantial emotional distress to that person and serves no legitimate purpose.” § 784.048 . . . Jacobs suffered from emotional distress, let alone substantial emotional distress as required by section 784.048 . . .
. . . See § 784.048(1)(a), (2), Fla. Stat. (2016); Leach v. . . .
. . . imprisonment, in violation of section 787.02, Florida Statutes (2013), and stalking, in violation of section 784.048 . . .
. . . repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking .... ” § 784.048 . . . person which causes substantial emotional distress to that person and serves no legitimate purpose.” § 784.048 . . .
. . . .” § 784.048(2), Fla. . . . Id. § 784.048(l)(a) (emphasis added). “’Course of conduct’ means a pattern of conduct composed of a series . . . Id. § 784.048(l)(b). . . . See § 784.048(2), Fla. Stat. . . . See id. § 784.048(1)(a). Accordingly, we reverse the injunction. REVERSED. . . .
. . . regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048 . . .
. . . . § 784.048(l)(a). . . .
. . . .” § 784.048(2), Fla. Stat. (2015). . . . .” § 784.048(l)(a), “[C]ourts have generally held that contact is legitimate when there is a reason for . . . The calls cannot be deemed “willful or malicious” as § 784.048(2) requires. See Slack v. . . .
. . . .” § 784.048(2), Fla. . . . .” § 784.048(l)(a); see also § 784.048(l)(b) (defining “course of conduct” as “a pattern of conduct composed . . .
. . . .” § 784.048(2), Fla. Stat. (2015). . . .
. . . ; (6) Florida Statute § 859.01, poisoning food and water, a criminal statute; (7) Florida Statute § 784.048 . . .
. . . and repeatedly follows, harasses, or cyberstalks another person commits thé offense of stalkingL]” § 784.048 . . . person which causes substantial emotional distress to that person and serves no legitimate purpose.” § 784.048 . . . a series of a,cts over a period of time, however short, which evidences a continuity of purpose.” § 784.048 . . .
. . . .” § 784.048(2), Fla. Stat. (2015). . . . .” § 784.048(1)(a); see also § 784.048(1)(b) (defining “course of conduct” as “a pattern of conduct composed . . .
. . . Section 784.048(l)(d) defines cyberstalking as “engaging] in a course of conduct to communicate, or to . . . specific person which causes substantial emotional distress ... and serves no legitimate purpose.” § 784.048 . . . First, the posts were not “directed at a specific person.” § 784.048(l)(d). . . . See Chevaldina, 133 So.3d at 1091-92 (quoting § 784.048(l)(d)). . . .
. . . person which causes substantial emotional distress to that person and serves no legitimate purpose:’ § 784.048 . . . See § 784.048(3), Fla. Stat. . . . Id. § 784.048(l)(a). . . . Id. § 784.048(l)(b). . . .
. . . . § 784.048, fails based on the particular record in this case and the limited nature of the arguments . . .
. . . Florida Statutes § 784.048(3) provides that “[a] person who willfully, maliciously, and repeatedly follows . . . Stat. § 784.048(3). . . . Stat. § 784.048(1) and (3). . . .
. . . Additionally, section 784.048 defines stalking, including cyberstalking: (a) “Harass” means to engage . . . person, causing substantial emotional distress to that person and serving no legitimate purpose. § 784.048 . . . Section 784.048 itself recognizes the First Amendment rights of individuals by concluding that a “course . . . of conduct” for. purposes of the statute does not include protected speech. § 784.048(l)(b), Fla. . . .
. . . Section 784.048(2), in turn, provides: “A person who willfully, maliciously, and repeatedly follows, . . . Pertinent here, section 784.048(l)(a) defines the term “harass” as “to engage in a course of conduct . . . Brower substantial emotional distress under section 784.048(l)(a). Ms. Brower never testified. . . .
. . . .” § 784.048(2), Fla. Stat. (2014). . . . .” § 784.048(l)(a), Fla. Stat. (2014). . . . Section 784.048(l)(b), Florida Statutes (2014), defines “course of conduct” as a pattern- of conduct . . .
. . . .” § 784.048(1)(d), Fla. Stat. (2015). . . .
. . . evidence presented does not meet the legal requirement to support an injunction pursuant to section 784.048 . . . and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.” § 784.048 . . . person which .causes substantial emotional distress to that person and serves no legitimate. purpose.” § 784.048 . . .
. . . substantial evidence exists to support the trial court’s finding of stalking, as defined by section 784.048 . . .
. . . . § 784.048(2), Fla. . . . .” § 784.048(l)(a); see also § 784.048(l)(b) (defining “ ‘[c]ourse of conduct’ ” as “a pattern of conduct . . . Condmlon Applying the requirements of sections 784.048 and 784.0485, Florida Statutes (2014), and the . . .
. . . the Florida Statutes; and, e. cyberstalking and exploiting an elderly person in violation of sections 784.048 . . .
. . . , maliciously, and repeatedly following] harassing], or cyber-stalk[ing] another person.... ” See § 784.048 . . . Id. § 784.048(l)(a). “ ‘Course of conduct’ means a pattern of conduct composed of a series of acts over . . . Id. § 784.048(l)(b); see also Lukacs v. . . .
. . . Section 784.048(2), Florida Statutes (2013), criminalizes “[a] person who willfully, maliciously, and . . . person which causes substantial emotional distress to that person and serves no legitimate purpose.” § 784.048 . . . “a series of acts over a period of time, however short, which evidences a continuity of purpose.” § 784.048 . . . to support the trial court’s finding that Appellant had stalked Appellee under the terms of section 784.048 . . .
. . . .” § 784.048(2). . . . .” § 784.048(l)(a). . . . .” § 784.048(l)(d). . . . The evidence does not show that these contacts “serve[d] no legitimate purpose.” § 784.048(l)(a), (d) . . . repayment of a loan, it cannot be said that the text messages served ‘no legitimate purpose’ ” (quoting § 784.048 . . .
. . . . § 784.048(l)(d), Fla. Stat. (2018). Mrs. . . . First, the posts were not “directed at a specific person.” § 784.048(l)(d). . . . Horowitz failed to show that the posts caused her “substantial emotional distress.” § 784.048(l)(d). . . .
. . . .” § 784.048(2), Fla. Stat. . . . .” § 784.048(l)(a), Fla. Stat. . . .
. . . any sanction imposed for a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048 . . . regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048 . . .
. . . .” § 784.048(2). . . . .” § 784.048(1)(a). . . . .” § 784.048(l)(b). . . .
. . . . § 784.048(4). He appeals from the district court’s denial of his federal habeas petition. . . .
. . . . § 784.048. . . . Stat. § 784.048(2). (Doc. 15 at 4). . . . However, as a whole, § 784.048 is not primarily a direct restriction on speech. . . . , not just § 784.048(2), is over-broad. . . . Compare § 784.048 (1996) with § 784.048 (2010). . . .
. . . maliciously, and repeatedly follow[ing] harassing], or cyber-stalkfing] another person.... ” See § 784.048 . . . Id. § 784.048(1)(a). . . . Id. § 784.048(1)(b); see also Lukacs v. . . . would cause a reasonable person to suffer the “substantial, emotional distress” required by section 784.048 . . .
. . . Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. . . .
. . . Florida Statutes (2006); and (2) aggravated stalking of a minor under sixteen years of age under section 784.048 . . .
. . . See §§ 784.046(l)(a),(b), 784.048-.0485, Fla. Stat. (2012). . . .
. . . . § 784.048(2), Fla. Stat. (2011). . . . Cf § 784.048(3) (aggravated stalking occurs when a person “willfully, maliciously, and repeatedly follows . . . person, causing substantial emotional distress to that person and serving no legitimate purpose. § 784.048 . . . subject acts did not fall within the definitional language of the offense that is set forth in section 784.048 . . .
. . . .” § 784.048(2). “ ‘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.” § 784.048(l) . . .
. . . . § 784.048(3), Fla. Stat. (2011). . . . .” § 784.048(l)(a), Fla. Stat. (2011). . . . .” § 784.048(l)(b), Fla. Stat. (2011) (emphasis added). . . . .” § 784.048(l)(c), Fla. Stat. (2011). . . .
. . . .” § 784.048(2). “ ‘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.” § 784.048(l) . . . (a); see also § 784.048(l)(b) (defining “ ‘[cjourse of conduct’ ” as “a pattern of conduct composed of . . . See § 784.048(l)(a); cf. . . .
. . . . § 784.048(2). . . . .” § 784.048(2). . . . person, causing substantial emotional distress to that person and serving no legitimate purpose.” § 784.048 . . .
. . . Section 784.048(2) defines “stalking” as "[a] person who willfully, maliciously, and repeatedly follows . . . , harasses, or cyberstalks another person commits the offense of stalking -" Section 784.048(l)(a) provides . . . Section 784.048(l)(d) provides: ‘Cyberstalk’ means to engage in a course of conduct to communicate, or . . .
. . . See § 784.048(7), Fla. Stat. (2012). . . . Definitions. § 784.048(l)(a), Fla. Stat. . . . . § 784.048(l)(b), Fla. Stat. . . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic . . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic . . .
. . . . § 784.048(2) (defining the offense of stalking to include “willfully, maliciously, and repeatedly follows . . .
. . . (emphasis added); see, e.g., § 784.048, Fla. . . . for the purpose of benefiting or promoting the gang to the specific individuals identified by section 784.048 . . .
. . . AGAINST STALKING (AFTER NOTICE) The Petition for Injunction for Protection Against Stalking under Section 784.048S . . .
. . . .” § 784.048(2). . . . .” § 784.048(l)(a). . . . .” § 784.048(l)(b). . . .
. . . . § 784.048(l)(a)). . . .
. . . See §§ 741.28(2), 784.048(2), (l)(a), (l)(d), Fla. . . .
. . . .” § 784.048(2) (emphasis added). . . . .” § 784.048(l)(a); see also Jones v. . . .
. . . . § 784.048(2). . . . .” § 784.048(l)(a). . . . See § 784.048(l)(a). . . .
. . . That term, as used in section 784.048, Florida Statutes (2011), includes willful, malicious, and repeated . . . Stalking also includes cyber-stalking, defined in section 784.048(l)(d) as the communication of “words . . .
. . . and two counts of aggravated stalking, one based upon a violation of court order contrary to section 784.048 . . . (4), Florida Statutes (2009), and one based upon making a credible threat contrary to section 784.048 . . . Section 784.048(1) of the stalking statute contains the definitions of “harass,” “course of conduct,” . . . The threat must be against the life of, or a threat to cause bodily injury to, a person.” § 784.048(l . . . Section 784.048(4) provides in pertinent part: (4) Any person who, after an injunction for protection . . .
. . . .” § 784.048(2) (emphasis added); see Smith v. . . .
. . . Section 784.048(2), Florida Statutes (2007), provides, “Any person who willfully, maliciously, and repeatedly . . . stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.” § 784.048 . . . person that causes substantial emotional distress in such person and serves no legitimate purpose.” § 784.048 . . .
. . . . § 784.048(2). Mr. . . . See § 784.048(l)(a) (defining “harassment” as “a course of conduct directed at a specific person that . . .
. . . . § 784.048(5), Fla. Stat. (2008). . § 365.16(l)(b), (d), Fla. Stat. (2008). . Rule 8.140. . . .
. . . Luton, 982 So.2d 1217, 1219 (Fla. 1st DCA 2008); see also § 784.048(2), Fla. Stat. . . . person that causes substantial emotional distress in such person and serves no legitimate purpose.” § 784.048 . . .
. . . .” § 784.048(2), Fla. Stat. (2009). . . . .” § 784.048(l)(a), Fla. Stat. (2009). . . . See § 784.048(l)(d), Fla. Stat. (2009). Ms. . . .
. . . .” § 784.048(2). . . . .” § 784.048(l)(a). . . . .” § 784.048(l)(b). In Poindexter v. . . . See § 784.048(1)(a), (b); Poindexter, 898 So.2d at 207. That Mr. . . .
. . . include filing reports and complaints to law enforcement agencies as a matter of law under section 784.048 . . . purview of the agency’s responsibilities, serves a ‘legitimate purpose’ within the meaning of section 784.048 . . . violator, does not constitute harassment, it also cannot qualify as stalking for purposes of section 784.048 . . .
. . . The State charged Canavan with aggravated stalking in violation of section 784.048(4), Florida Statutes . . . .2d 408, 411 (Fla.1996) (stating that “[t]he statutory elements of aggravated stalking under section 784.048 . . . defendant willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim. § 784.048 . . . See § 784.048(4); Fla. Std. Jury Instr. (Crim.) 8.7(b). . . .
. . . possibility Del Rio’s total concurrent sentences for the third-degree felonies or aggravated stalking, § 784.048 . . .
. . . . § 784.048(5). . . .
. . . Miller was charged with aggravated stalking in violation of section 784.048(4), Florida Statutes (2007 . . . See § 784.048(4), Fla. . . .
. . . APPENDIX 8.7(b) AGGRAVATED STALKING (Injunction Entered) § 784.048(4), Fla. Stat. . . . Lesser Included Offenses AGGRAVATED STALKING (Injunction Entered) — 784.048(4) CATEGORY ONE CATEGORY . . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic . . .
. . . The crime of stalking is defined in section 784.048(2), Florida Statutes (2007), as follows: Any person . . . person that causes substantial emotional distress in such a person and serves no legitimate purpose.” § 784.048 . . . Such constitutionally protected activity includes picketing or other organized protests.” § 784.048(l . . . However, we note our supreme court’s holding that conduct which amounts to stalking under section 784.048 . . . See § 784.048, Fla. Stat. (Supp.1992). The conduct must “serve ... no legitimate purpose.” Id. . . .
. . . Section 784.048(3), Florida Statutes (2006), defines aggravated stalking as: Any person who willfully . . . The threat must be against the life of, or a threat to cause bodily injury to, a person. § 784.048(1) . . .
. . . .” § 784.048(2). . . . .” § 784.048(l)(a). . . . .”§ 784.048(l)(b). . . . that it “cause[d] substantial emotional distress in such person and serve[d] no legitimate purpose.” § 784.048 . . .
. . . See §§ 741.30(6), 784.048, Fla. Stat. (2006); see also Abravaya v. . . .
. . . .” § 784.048(Z )(a), Fla. Stat. . . .
. . . As defined in section 784.048, Florida Statutes (2006), stalking requires the State to prove that a person . . . person that causes substantial emotional distress in such person and serves no legitimate purpose.” § 784.048 . . . composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.” § 784.048 . . . maliciously, and repeatedly follows [or] harasses ... another person commits the offense of stalking....” § 784.048 . . .
. . . charged by amended information with aggravated stalking with credible threat in violation of section 784.048 . . . Section 784.048, Florida Statutes, was enacted “to protect victims, their families and friends from the . . . More specifically, section 784.048(3), Florida Statutes (2004), provides that: Any person who willfully . . . person that causes substantial emotional distress in such person and serves no legitimate purpose.” § 784.048 . . . See § 784.048(l)(c), Fla. Stat. (2004). . . .
. . . felony, burglary under Florida Statute 810.02”), and stalking and aggravated stalking under section 784.048 . . . his evidence of “violence” and his legal theory upon acts of “stalking” under sections 784.046 and 784.048 . . . In this instance, Aresty alleged that Shoeki harassed him as defined in paragraph 784.048(l)(a), i.e. . . .
. . . on August 5, 2006, constituted harassment and qualified as an act of stalking as defined in section 784.048 . . . See § 784.048(2). . . . Melcher, his action must meet the definition of aggravated harassment as set forth in section 784.048 . . . Section 784.048(3) states: Any person who willfully, maliciously, and repeatedly follows, harasses, or . . . Section 784.048(2) defines stalking: “Any person who willfully, maliciously, and repeatedly follows, . . .
. . . . § 784.048(2), Fla. Stat. (2006). . . . The term “harass” is defined in section 784.048(1) as engaging in a series of acts over a period of time . . . .” § 784.048(2), Fla. Stat. (2006). . . . requires that a person engage in a course of conduct involving a series of acts over a period of time. § 784.048 . . .
. . . victim that distinguishes the crime of tampering with a witness from the crime of stalking under section 784.048 . . .
. . . Report filed by Deputy Terry refers to the offense of aggravated stalking under Florida Statutes section 784.048 . . .
. . . APPENDIX 8.6 STALKING § 784.048(2), Fla. Stat. . . . in 1995 [657 So.2d 1152] and amended in 2007 to include cyberstalking. 8.7(a) AGGRAVATED STALKING § 784.048 . . . and amended in 2007 to incorporate cyberstalking. 8.7(b) AGGRAVATED STALKING (Injunction Entered) § 784.048 . . . 1995 [657 So.2d 1152] and amended in 2007. 8.8 AGGRAVATED STALKING (Victim under 16 years of age) § 784.048 . . . Lesser Included Offenses Comment This instruction is based on the text of section§-784.048(5), Florida . . .
. . . jury instructions for criminal cases do not define maliciously in the approved instruction for section 784.048 . . . Section 784.048 does not contain any special definition of the term maliciously. . . . Section 784.048(4) punishes the person who continues to contact the subject in spite of a court order . . . It allowed him to exploit the lack of a formal, standardized definition of maliciously in section 784.048 . . . It strikes us that justice would be better served by a standardized instruction for section 784.048(4 . . .
. . . The State charged Eichelberger with three counts of aggravated stalking pursuant to section 784.048(4 . . . Section 784.048(4) provides as follows: Any person who, after an injunction for protection against repeat . . . Section 784.048(l)(a) defines the term “harass” as engaging “in a course of conduct directed at a specific . . . Section 784.048(l)(b) defines the term “course of conduct” as “a pattern of conduct composed of a series . . . (quoting § 784.048(l)(b), Fla. Stat. (1993)). . . .
. . . . § 784.048. . . .