The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Criminal and Civil Justice
BILL: CS/SB 548
INTRODUCER: Criminal Justice Committee and Senator Simmons
SUBJECT: Bullying
DATE: March 4, 2014
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dugger Cannon CJ Fav/CS
2. Clodfelter Sadberry ACJ Pre-meeting
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE – Substantial Changes
I. Summary:
CS/SB 548 creates a criminal statute penalizing bullying and aggravated bullying. The newly
created statute provides a second degree misdemeanor penalty [1] for bullying and a first degree misdemeanor penalty [2] for aggravated bullying. Cyberbullying is included in each new crime. The elements of these two new offenses and the definitions provided in the bill are the same as the elements and definitions in the stalking statute (found to be constitutional by the Florida Supreme Court in 1995).
The Criminal Justice Impact Conference has determined that the bill will have an insignificant impact on the need for prison beds.
II. Present Situation:
Bullying Statute
Florida law requires each district school board to adopt a policy prohibiting bullying and harassment in district schools.[3]
Violation of these policies can result in school disciplinary actions being taken. Among other things, the law prohibits the bullying or harassment of any
public K-12 student or employee:
1 Punishable by up to 60 days in jail and a potential fine up to $500. Sections 75.082 and 775.083, F.S.
2 Punishable by up to one year in jail and a potential fine up to $1,000.Sections 775.082 and 775.083, F.S.
3 Section 1006.147, F.S.
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