Florida Harassment Statute: Stalking, Cyberstalking, and Injunctions

Florida harassment laws do not include a standalone crime called “harassment.” Instead, repeated harassing behavior is prosecuted under the state’s stalking statute, Section 784.048, as a first-degree misdemeanor carrying up to one year in jail, or as aggravated stalking, a third-degree felony punishable by up to five years in prison when threats, court orders, child victims, or prior sex-offense convictions are involved.¹ Separate statutes address harassing phone calls, unauthorized GPS tracking, and school bullying, and victims can petition for a civil injunction regardless of whether criminal charges are filed.

What Counts as Harassment Under Florida Law

The word “harass” is defined inside the stalking statute. It means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.¹ Two pieces of that definition do most of the work.

First, a “course of conduct” means a pattern of acts over a period of time showing continuity of purpose. The timeframe can be short, but a single incident is not enough. Second, the conduct must serve no legitimate purpose. The statute specifically excludes constitutionally protected activity like picketing and organized protests.¹ A rude comment, an unpleasant encounter, or a persistent but legitimate business contact generally will not trigger criminal liability.

The statute also defines a “credible threat” as a verbal, nonverbal, or electronic threat that places the target in reasonable fear for their safety or the safety of their family. Prosecutors do not have to prove the person actually intended to carry it out, and the charge can apply even to someone who is incarcerated when they make the threat.² A credible threat is what pushes stalking into felony territory.

Stalking Penalties

Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person is stalking, a first-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000.¹³⁴ Courts routinely add probation, mandatory counseling, or community service.

Any stalking or aggravated stalking conviction can also carry a no-contact order lasting up to 10 years, with the length tied to the seriousness of the conduct, the risk of repetition, and the safety of the victim and their family. Law enforcement may make warrantless arrests when they have probable cause to believe someone has violated the stalking statute.²

Aggravated Stalking

Aggravated stalking is a third-degree felony punishable by up to five years in state prison, five years of probation, and a $5,000 fine.³⁴ Four scenarios upgrade the charge:

Stalking or cyberstalking combined with a credible threat, under Section 784.048(3).¹
Stalking someone after an injunction for protection has already been entered against you (domestic violence, repeat violence, sexual violence, or dating violence), under Section 784.048(4).²
Stalking a child under 16, whether or not any threat is made, under Section 784.048(5).²
Stalking the victim of a prior sex-offense conviction, under Section 784.048(7). That sentence runs consecutively to the original one.²

Cyberstalking and Account Access

Florida defines cyberstalking as a course of conduct that uses email or any other electronic communication to direct words, images, or language at a specific person, causing substantial emotional distress with no legitimate purpose. The same definition also covers accessing, or attempting to access, another person’s online accounts or internet-connected home devices without authorization.¹ That second prong means logging into someone’s email, social media, or smart-home system without permission can qualify as cyberstalking even without a single threatening message.

Cyberstalking by itself is charged the same as physical stalking: a first-degree misdemeanor. Paired with a credible threat, it becomes aggravated stalking.¹

Harassing Phone Calls

Section 365.16 covers conduct that may not rise to a full stalking case. You can be charged for making obscene or threatening calls, calling repeatedly to harass, or calling without identifying yourself in order to annoy or threaten someone. The offense is a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine.⁵ Calls made in good faith during the ordinary course of business are exempt. One obscene or threatening call can be enough, which fills the gap left by stalking’s “course of conduct” requirement.

GPS Tracking and Tracking Apps

Placing a GPS tracker, AirTag, or tracking app on another person’s property without consent is a third-degree felony under Section 934.425, with the same maximum penalties as aggravated stalking: up to five years in prison and a $5,000 fine.⁶ The statute applies to any device or software whose primary purpose is revealing someone’s location or movement.

Narrow exceptions exist for law enforcement acting under a court order, parents tracking a minor child (subject to custody rules), caregivers monitoring an elderly or disabled person with physician certification, and employers using tracking for legitimate business purposes.⁶ Outside those categories, slipping a tracker into someone’s bag or car is a felony.

Protective Injunctions for Stalking Victims

Section 784.0485 creates a dedicated injunction process for stalking, separate from the ones used for domestic or repeat violence. Any victim of stalking or cyberstalking, or a parent or legal guardian filing on behalf of a minor, can petition the circuit court for an injunction for protection.⁷

The petition is a verified document describing the stalking conduct. If the court finds the evidence sufficient, it can issue a temporary injunction right away, without the other party present. A full hearing follows to decide whether a final injunction should be granted. The court can order the respondent to stay away from the victim’s home, workplace, and school, surrender firearms, and attend counseling at the respondent’s own expense. Mutual injunctions are not allowed. If both parties want protection from each other, each has to file a separate petition and independently meet the statutory requirements.⁷

If the conduct involves actual or threatened violence rather than a pattern of non-violent harassment, Section 784.046 provides a parallel injunction for repeat violence, sexual violence, and dating violence.⁸

Violating an Injunction

Willfully violating a protective injunction for repeat violence, sexual violence, or dating violence is a first-degree misdemeanor under Section 784.047, punishable by up to one year in jail.⁹ Violations include coming within 500 feet of the petitioner’s residence, workplace, or school, within 100 feet of their vehicle, making any direct or indirect contact, destroying property, or refusing to surrender firearms as ordered.

Someone with two or more prior convictions for violating an injunction who violates again against the same victim faces a third-degree felony, up to five years in prison.⁹ And because stalking in violation of any injunction is already aggravated stalking under Section 784.048(4), the same conduct can produce both the injunction-violation charge and the felony stalking charge.

Common Defenses

The stalking statute requires proof that the defendant acted willfully and maliciously, which gives defendants their most common line of defense: arguing the contact was accidental, coincidental, or misinterpreted.¹ Living on the same street as the complainant and crossing paths daily may look like a pattern to an outsider while lacking the willful element the prosecution has to prove.

A second defense is legitimate purpose. The statute requires that the conduct serve “no legitimate purpose” and carves out constitutionally protected activity.¹ Contact arising from a shared business relationship, co-parenting obligations, or lawful debt collection may qualify even when the other person finds it unwelcome.

Documenting and Reporting Harassment

These cases are built on documentation. Police respond to patterns, and the best way to show a pattern is to walk in with it already recorded.

Keep a detailed log with the date, time, location, and description of each incident, plus the names of any witnesses.
Save every email, text, voicemail, letter, and social media message. Screenshot posts immediately, because the sender can delete them.
Florida requires two-party consent to record a conversation, so document the content of threatening or harassing calls in writing right after they end and report them.
Photograph unwanted items left behind, property damage, and any sightings of the person at your location.

A vague complaint that someone is “bothering” you gives police little to act on. A log showing 14 unwanted contacts in three weeks, with saved messages attached, gives them a case. After a report is filed, notify law enforcement of every subsequent contact, however minor, because each incident reinforces the course-of-conduct element.

Harassment Outside the Criminal Code

Not every form of harassment in Florida runs through the stalking statute. Three separate frameworks apply in specific settings.

In public K-12 schools, the Jeffrey Johnston Stand Up for All Students Act prohibits bullying and harassment that places a student or employee in reasonable fear of harm, substantially interferes with a student’s education, or disrupts school operations. It covers on-campus conduct, school events, buses, and off-campus cyberbullying that disrupts school. Every district must have policies for anonymous reporting, prompt investigation, parent notification, and counseling referrals.¹⁰

At work, the Florida Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, or marital status. Harassment that creates a hostile work environment based on a protected characteristic can expose the employer to liability if it knew about the behavior and failed to act. Retaliation against an employee who reports harassment is separately unlawful.¹¹

In housing, the federal Fair Housing Act prohibits harassment based on race, color, national origin, religion, sex, familial status, or disability. Under HUD regulations, even a single incident can violate the Act if it is severe enough to create a hostile environment or amounts to a quid pro quo demand, and the rules reach landlords, property managers, and even other tenants. Complaints can go to HUD or into state or federal court.¹²

1
Florida Senate. Florida Code 784.048 – Stalking
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Florida Senate. Florida Statutes 784.048 – Stalking Definitions and Penalties
3
Florida Senate. Florida Code 775.082 – Sentencing
4
Justia. Florida Code 775.083 – Fines
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Florida Legislature. Florida Statutes 365.16 – Obscene or Harassing Telephone Calls
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Florida Senate. Florida Statutes 934.425 – Installation or Use of Tracking Devices or Tracking Applications
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Florida Legislature. Florida Statutes 784.0485 – Stalking Injunction
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Florida Senate. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
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Florida Legislature. Florida Statutes 784.047 – Penalties for Violating Protective Injunction Against Violators
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Florida Legislature. Florida Statutes 1006.147 – Bullying and Harassment Prohibited
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Florida Legislature. Florida Statutes 760.10 – Unlawful Employment Practices
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eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act