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.

law & order
Trump v. Vance: Initial Breakdown of the November 2, 2019 Second Circuit Opinion re: Production of Tax Returns

The Second Circuit issued its opinion this morning in Donald J. Trump v. Cyrus Vance, Jr. in his capacity as District Attorney of the County of New York and Mazars USA, LLP. You can find the 34-page opinion here. The following is an initial, rough outline of the court’s opinion. …

4th Amendment
When Can You Withdraw Consent for a DUI Blood Draw in Florida? (Florida v. Jennifer Ivie)

A Florida driver was involved in an accident, taken to the hospital, and interviewed by police who were conducting a DUI investigation. The officer spoke with the driver, advised her of her Miranda rights, conducted at least one visual test, and otherwise detected signs of intoxication. The officer asked the …

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 …