From Potts v. Lewis, decided today by the Florida Court of Appeal (Judge Kelly, joined by Judges Rothstein-Youakim and Atkinson:
[Fla. Stat.] Section 784.048(2) provides that the offense of stalking is committed when a person "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person." Relevant here, section 784.048(1)(a) defines the term "harass" as "to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." Because the record does not demonstrate a basis for [the trial court's] finding that Potts' actions amounted to harassment as defined by the statute, we reverse….
"[S]ubstantial emotional distress 'is greater than ordinary distress,' and … 'a reasonable person does not suffer substantial emotional distress easily.'" Annoyance, frustration, or embarrassment will not suffice….
[W]e conclude that Lewis's evidence was not legally sufficient to establish that Potts' alleged course of conduct would have caused substantial emotional distress in a reasonable person. Potts is a licensed plumber who knew Lewis from church. Prior to the events leading to the injunction, they were friendly and socialized along with other church members.
