Florida Adds New Teen (Anti) Sexting Law — Here Are All of the Official Documents

There has been a rush of news stories about Florida’s new anti-sexting law which went into effect October 1, 2011.  Unfortunately, much of the coverage is inconsistent:  for example, CNN describes the new law as “easing” the penalties for this type of lewd behavior. The Sun Sentinel/Palm Beach Post simply pointed out that the new law now specifically refers to “sexting” and makes it a crime (but doesn’t clarify that, previously, sexting was a crime with potentially harsher penalties under more general statutes).  

Historically, the bill was proposed in December 2010, voted on in the House and Senate without a single “nay” vote, and signed by the Governor in June.  The statute creates new law, Florida Statute 847.0146.  Few, if any, of the news reports provides the news statute number which hampers finding the original text.  As of this writing, Florida’s Online Sunshine is not updated with the new law.  In short, it is hard to find the new law.

But no worries…

a good summary of the SB is here.

The history of the bill(s) is here.

The House Bill Analysis is here (provides the background analysis of the bill).

And the bill/law is here.

1st Amendment
“Valid Grounds for Employment Action” Deemed Not Enough for Stalking Injunction under F.S. 784.048 (Klenk v. Ransom)

Florida’s First District Court of Appeal held today that a respondent’s behavior may be enough for an “employment action” (presumably, for termination due to sexual harassment) but, in this case, was not enough for the “exacting standard” for an injunction against stalking under Florida Statute 748.048. The case is Joseph …

Data Breach
U.S. v. Yujing Zhang — April 8, 2019 Filing of Passport, Articles, Receipt, Ad for Mar A Lago event

The unusual case of U.S. v. Yujing Zhang continues in the federal courthouse in West Palm Beach, Florida. On the same day as a well-covered April 8 pre-trial detention hearing, the Defendant filed a number of documents: Two (?) passports and a visa; Receipt; Article (translated): “Trump said he is …

4th Amendment
Can A State Search Cellphone of Person on Probation Without Warrant or Probable Cause? (Florida v. Mark Leroy Phillips, Sr.)

Florida’s Fifth District Court of Appeal considered the question whether, under the Fourth Amendment, the State of Florida could search the cellphone of a man on probation for child abuse convictions (and who was a registered sex offender) when there was no warrant or reasonable suspicion. The court, in Florida …