Harassment And Stalking
Fla. Stat. 784.048 — following, harassing, cyberstalking, and an injunction without a filing fee
In Florida, willfully, maliciously and repeatedly following, harassing or cyberstalking another person is stalking, a first degree misdemeanor. Doing so and making a credible threat is aggravated stalking, a third degree felony.
To harass is to engage in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. A course of conduct is a series of acts over a period of time, however short, showing a continuity of purpose, and does not include constitutionally protected activity such as picketing or organized protest. Cyberstalking includes communicating by e-mail or electronic means in such a course of conduct.
A stalking injunction has no filing fee. There is a cause of action for an injunction for protection against stalking, including cyberstalking, and the clerk may not charge a filing fee to file the petition. An ex parte temporary injunction lasts no more than 15 days, and the full hearing is set no later than the day it would end.
- Calling a place where the person called expects privacy and making obscene or indecent remarks meant to offend, annoy or harass is a second degree misdemeanor.
- So is calling without disclosing one's identity with intent to annoy, abuse, threaten or harass.
- So is making a phone ring repeatedly or continuously to harass, or making repeated calls solely to harass.
Sources for this section (3)
- Fla. Stat. 784.048 — Stalking; definitions; penalties
- Fla. Stat. 784.0485 — Stalking; injunction; powers and duties of court and clerk
- Fla. Stat. 365.16 — Obscene or harassing telephone calls
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.