Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 538
Ì194958aÎ194958
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2015 .
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The Committee on Rules (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 58 - 77
4 and insert:
5 who violates this section commits a misdemeanor of the first
6 degree, punishable as provided in s. 775.082 or s. 775.083.
7 (b) An individual who commits a second or subsequent
8 violation under this section commits a felony of the third
9 degree punishable as provided in s. 775.082, s.775.083, or
10 s.775.084.
11 (4) A violation of this section is committed within this
12 state if any conduct that is an element of the offense described
13 in subsection (2), or any harm to the identifiable person
14 resulting from the offense described in subsection (2), occurs
15 within this state.
16 (5) This section does not apply to the disclosure of a
17 sexually explicit image for:
18 (a) The reporting, investigation, and prosecution of an
19 alleged crime for law enforcement purposes.
20 (b) Voluntary and consensual purposes that, from all facts
21 and circumstances, were not intended to be nor remain
22 confidential, including in public or commercial settings.
23 (6) An aggrieved person may initiate a civil action against
24 a person who violates this section to obtain all appropriate
25 relief in order to prevent or remedy a violation of this
26 section, including:
27 (a) Injunctive relief.
28 (b) Monetary damages to include $5,000 or actual damages
29 incurred as a result of a violation of this section, whichever
30 is greater.
31 (c) Reasonable attorney fees and costs.
32 (7) This section does not impose liability on a provider of
33 ================= T I T L E A M E N D M E N T ================
34 And the title is amended as follows:
35 Delete line 10
36 and insert:
37 jurisdiction; providing exceptions; providing civil
38 remedies; exempting