Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 538
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2015           .                                

       The Committee on Rules (Simmons) recommended the following:
    1         Senate Amendment (with title amendment)
    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