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Injunctions and Cyberstalking in the Orlando, Florida Area

Can you file an injunction for protection against stalking if someone lives out of state but is engaged in cyberstalking by directly sending, and causing to be sent through others, threatening and disturbing messages that the person viewed in Florida? Was the tortious conduct committed out-of-state that involved the posting of material online about a Florida resident, in fact, accessed in Florida? 

The Long-Arm Statute

In a recent Florida case, the court ruled that there is no requirement that any of the videos be sent directly to the petitioner. The court found that respondent’s videos directed viewers to confront the petitioner in public, invited the petitioner to sue him, and solicited monetary donations to further the parties’ dispute. 

Committing a tortious act within Florida state lines under the long-arm statute can occur by making telephonic, electronic, or written communications into this state, provided the tort allegedly arises from such communication. 

Communicating into the State

Allegedly defamatory material about a Florida resident placed on the Web and accessible in Florida constitutes an “electronic communication into Florida” when the material is accessed (or published) in Florida. In the context of the World Wide Web, given its pervasiveness, an alleged tortfeasor who posts allegedly defamatory material on a website has intentionally made the material almost instantly available everywhere the material is accessible. 

By posting allegedly defamatory material on the Web about a Florida resident, the poster has directed the communication about a Florida resident to readers worldwide, including potential readers within Florida. When the posting is then accessed by a third party in Florida, the material has been “published” in Florida and the poster has communicated the material “into” Florida, thereby committing the tortious act of defamation within Florida. 

Information Accessed in the State

A tortious conduct committed out-of-state is considered to have occurred “within this state” for the purposes of applying the long-arm statute where it involves posting material online about a Florida resident that is, in fact, accessed in Florida. A nonresident who posts defamatory material about a Florida resident on a website accessible in Florida commits a tortious act within the state, and therefore submits himself to the jurisdiction of the state’s courts, once the material is accessed in Florida. 

Minimum Contacts

There is a secondary inquiry regarding minimum contacts. This inquiry concerns due process, which requires that the nonresident have sufficient minimum contacts with the State of Florida such that the maintenance of the suit does not offend “traditional notions of fair play and substantial justice.” Did the defendant in the case commit an intentional act directly aimed at Florida and made accusations targeted at a Florida resident? Did the defendant purposefully direct his activities in Florida? Were the actions of the defendant not random, not fortuitous, and not attenuated? 

The fact that the defendant does not otherwise conduct economic activities within the state does not exempt him from the reach of the long-arm statute. The defendant could have reasonably anticipated being hauled into court in Florida due to the fact that his actions were intentional and purposeful, designed to have an effect in Florida.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.