Bullying Laws in Florida (2026): Your Complete Protection Guide
Most people think bullying is just a school problem that gets handled with detention. Wrong. In Florida, bullying laws are serious business, and the consequences can extend far beyond the principal’s office. Whether you’re a parent, student, or teacher, understanding these laws could literally change someone’s life.
Let’s break down exactly what you need to know about Florida’s bullying laws in 2026.
What Is Bullying Under Florida Law?
Florida doesn’t mess around when it comes to defining bullying. The state law describes it as systematically and chronically inflicting physical hurt or psychological distress on someone. That’s the official language, but here’s what it actually means.
Bullying can include teasing, social exclusion, threats, intimidation, stalking, physical violence, theft, sexual harassment, racial harassment, religious harassment, public humiliation, or destruction of property. Basically, if someone is repeatedly targeting another person to hurt, embarrass, or control them, that’s bullying.
Here’s the deal. The behavior has to be repeated or have the potential to be repeated. One isolated incident usually doesn’t count. But if there’s a pattern or an imbalance of power being used to harm someone, Florida law considers it bullying.
Understanding Cyberbullying in Florida
Cyberbullying is bullying through technology or electronic communication. Think social media, text messages, emails, instant messages, or any digital platform. Florida law specifically addresses this because, let’s be honest, most bullying today happens online.
The law defines cyberbullying as using electronic means to systematically cause physical or psychological distress. This includes creating fake profiles to impersonate someone, posting harmful content that multiple people can see, or distributing damaging communications electronically.
Wondering if this applies to you? If someone is targeting you or your child through phones, computers, or social media to cause harm, Florida law covers it. The electronic aspect doesn’t make it less serious. In fact, cyberbullying can sometimes lead to criminal charges.
The Jeffrey Johnston Stand Up for All Students Act
This is Florida’s main anti-bullying law. Passed in 2008, it’s named after Jeffrey Johnston, a young man who died by suicide after experiencing severe bullying. The law mandates that every public K-12 school district in Florida must have anti-bullying policies in place.
Each school district has to adopt policies that align with the state’s model policy. These policies must be reviewed at least every three years. Schools can’t just ignore bullying anymore. They’re legally required to have clear definitions, consequences, and procedures.
Pretty straightforward, right? The law protects all students equally, regardless of their status. That means whether a student has disabilities, is part of a minority group, or is LGBTQ+, they get the same protection under school bullying policies.
What Schools Must Do About Bullying
Florida law requires schools to take specific actions when bullying occurs. This isn’t optional. Schools must have procedures for reporting, investigating, and responding to bullying incidents.
When a bullying incident is reported, the school must immediately notify the parents of both the victim and the alleged bully. They also have to investigate the incident promptly. If the bullying is severe enough, schools must notify local law enforcement where criminal charges might be pursued.
Schools are required to provide counseling referrals for both victims and bullies. They must also keep parents of victims regularly updated about what actions are being taken to protect their child. Every bullying incident gets documented in the school’s safety and discipline report.
Wait, it gets better. Schools must also provide training and instruction on identifying, preventing, and responding to bullying. This training is for students, parents, teachers, administrators, counseling staff, and school volunteers. The goal is to create a school environment where everyone knows how to spot and stop bullying.
Does Florida Law Cover Off-Campus Bullying?
Yes. This surprises a lot of people. Florida’s anti-bullying laws cover off-campus conduct if the bullying substantially interferes with a student’s ability to participate in school or if it substantially disrupts school operations.
So what happens if your child is being cyberbullied at home through social media? If that bullying affects their ability to go to school, feel safe at school, or participate in school activities, the school can and should intervene. The law recognizes that bullying doesn’t stop at the school gates.
This is especially important for cyberbullying cases. A student might be harassed on Instagram or Snapchat at night, but if that harassment creates a hostile environment at school the next day, it falls under the school’s jurisdiction.
When Bullying Becomes a Crime
Here’s where things get serious. While bullying itself isn’t always a criminal offense, certain bullying behaviors can cross the line into criminal conduct. Florida has several laws that can apply to severe bullying cases.
Cyberstalking is a crime in Florida. If someone engages in a pattern of electronic communications directed at a specific person that causes substantial emotional distress, that’s cyberstalking. A first offense is a first-degree misdemeanor. That means up to one year in jail. Repeat offenses can be charged as third-degree felonies, carrying up to five years in prison.
Sexual cyberharassment, also known as revenge porn, is also illegal. Publishing sexually explicit images of someone without their consent with the intent to cause emotional distress is a first-degree misdemeanor for a first offense. A repeat offense becomes a third-degree felony.
Honestly, this is the part most people miss. Teenagers especially need to understand that certain online behaviors aren’t just against school rules. They’re actual crimes that can result in jail time and a permanent criminal record.
Penalties for Cyberbullying and Harassment
The penalties depend on what specific crime the behavior falls under. Let’s break it down.
Cyberstalking without a credible threat is a first-degree misdemeanor. That carries up to one year in jail and fines. Cyberstalking with a credible threat becomes a third-degree felony. That’s up to five years in prison.
Sexual cyberharassment follows similar patterns. First offense: first-degree misdemeanor with up to one year in jail. Second offense: third-degree felony with up to five years in prison. The courts take these cases seriously, especially when there are victims involved.
Cyberintimidation, which involves posting someone’s personal information online to threaten or harass them, also carries criminal penalties. The specific charges depend on whether threats of violence are involved and the severity of the harassment.
What About Minors Who Bully?
Minors can absolutely be charged with crimes related to bullying in Florida. Whether they go to juvenile court or adult court depends on several factors, including their age and the severity of the offense.
Most juvenile cases stay in the juvenile justice system. Within that system, consequences might include counseling, community service, treatment programs, monitoring, curfews, educational programs, or detention in a juvenile facility. The focus in juvenile court is more on rehabilitation than punishment.
However, some serious cases can be transferred to adult court. This typically happens with older teens who commit violent offenses or felonies. In adult court, minors face the same penalties as adults.
Florida also offers juvenile diversion programs for first-time offenders or those who commit less serious offenses. These programs can help young people avoid an arrest record if they complete community service, counseling, or intervention services.
Sound complicated? It’s actually designed to balance accountability with the recognition that young people can make mistakes and learn from them. But make no mistake, repeated or severe bullying can lead to serious legal consequences for minors.
The Hope Scholarship Program
Florida created a unique solution for bullying victims called the Hope Scholarship. This program gives students who have been bullied or subjected to violence the option to transfer to a different school.
If a student reports an incident of battery, harassment, hazing, bullying, kidnapping, physical attack, robbery, sexual offenses, threat, intimidation, or fighting at school, they become eligible for the Hope Scholarship. The school must provide information about this option within 15 days of the report.
Here’s what you need to do. First, report the incident to your school principal. The principal will investigate, but your child’s eligibility for the scholarship doesn’t depend on the investigation’s outcome. Once you have the signed Hope Scholarship notification form from the principal, you have options.
You can transfer your child to another public school that has capacity. If you choose a public school outside your district, you may be eligible for up to $750 in transportation assistance. Or you can apply for a scholarship to attend an approved private school. The private school scholarship stays in place until your child graduates or returns to public school.
Not sure what counts as a qualifying incident? The law is actually pretty broad. Battery, harassment, hazing, bullying, kidnapping, physical attack, robbery, sexual offenses, sexual harassment, sexual assault, sexual battery, threat, intimidation, or fighting all qualify. These incidents can happen at school, at school-sponsored events, on the school bus, or at the bus stop.
School Discipline for Bullying
Beyond criminal penalties, schools have their own disciplinary actions for bullying. These consequences are separate from any criminal charges and are handled through the school district’s code of conduct.
School consequences might include conferences with students and parents, mediation between students, additional supervision, counseling referrals, suspension, or expulsion. The specific consequences depend on the severity and frequency of the bullying behavior.
Schools must have clear consequences outlined in their anti-bullying policies. These policies must explain what happens to students who bully others and what happens to anyone who falsely accuses someone of bullying. False reports can also result in disciplinary action.
Every school employee handbook and student code of conduct must include the school’s bullying policy. This ensures everyone knows the rules and consequences.
How to Report Bullying in Florida Schools
Reporting bullying is crucial, and Florida law protects people who report in good faith. Here’s how the process works.
First, report the incident to the appropriate school official designated in your school district’s policy. This is usually the principal, assistant principal, or a designated administrator. Most schools also have anonymous reporting options for students who fear retaliation.
The school must investigate the report promptly. They should provide immediate notification to parents of both the victim and the alleged bully. Schools are required to keep parents of victims regularly updated on actions being taken to protect their child.
If you report bullying in good faith, you’re protected from legal liability. Florida law specifically grants immunity to school employees, volunteers, students, and parents who promptly report bullying according to school policy.
Confused about the difference between reporting to the school versus reporting to police? For most bullying cases, start with the school. If the bullying involves criminal behavior like threats of violence, assault, sexual offenses, or stalking, you can also file a police report. Schools are required to notify law enforcement when appropriate.
Can You Sue for Bullying in Florida?
Yes, parents can potentially sue schools for negligence if their child is bullied. This is especially true for private schools and charter schools, which aren’t protected by Florida’s sovereign immunity laws like public schools are.
To prevail in a negligent supervision case, you’d need to prove that the school had a duty to supervise students, breached that duty, and that breach caused harm to your child. This requires showing the school knew or should have known about the bullying and failed to take appropriate action.
Public schools are protected by sovereign immunity, which can make lawsuits more complicated and delayed. However, this doesn’t mean public schools aren’t accountable. They still must follow state and federal anti-bullying laws and can face consequences from the state Department of Education for failing to protect students.
Private schools may face higher legal exposure because they aren’t covered by sovereign immunity. Parents can sue private schools using the same process they’d use to sue any business for negligence.
Federal Bullying Protections
Florida’s laws work alongside federal protections. When bullying overlaps with discriminatory harassment based on race, color, national origin, sex, disability, or religion, federal civil rights laws may apply.
Schools must address harassment that is offensive and unwelcome, based on a protected characteristic, severe or pervasive enough to create a hostile environment, and something the school knew or should have known about. The U.S. Department of Education and Department of Justice enforce these federal protections.
This means if a student is bullied because of their race, sexual orientation, gender identity, disability, or religion, both state and federal laws protect them. Schools that ignore discriminatory harassment can face federal investigations and lose federal funding.
What Harassment Means Under Florida Law
Florida law defines harassment separately from bullying, though the two often overlap. Harassment is any threatening, insulting, or dehumanizing gesture, use of technology, or written, verbal, or physical conduct that places someone in reasonable fear of harm, interferes with a student’s education, or disrupts school operations.
The key difference? Harassment doesn’t necessarily have to be repeated like bullying does. A single severe incident can constitute harassment under Florida law.
Schools must have policies addressing both bullying and harassment. These policies protect both students and school employees from harmful conduct.
Signs Your Child Might Be Bullied
Many children don’t report bullying because they’re scared the bully will find out and retaliate. As a parent, watch for these warning signs.
Your child comes home with unexplained bruises, cuts, or injuries. Their belongings are frequently damaged or go missing. They seem anxious about going to school or riding the bus. Their grades suddenly drop or they lose interest in schoolwork.
They avoid social situations or lose friends. They seem sad, moody, or depressed, especially after school. They have trouble sleeping or have frequent nightmares. They complain of headaches, stomachaches, or feel sick in the morning before school.
If your child is experiencing bullying, stay calm and supportive. Don’t blame them or suggest they did something to deserve it. Document everything, including dates, times, locations, witnesses, and what happened. Report the bullying to the school in writing and keep copies of all communications.
You’re not alone, this confuses a lot of people. Many parents don’t realize how strict these laws are and what options are available to protect their children.
Recent Changes to Florida Bullying Laws
Florida continues to strengthen its anti-bullying protections. The state added explicit language in 2013 allowing schools to discipline students for off-campus harassment that substantially interferes with the victim’s ability to benefit from school.
The Hope Scholarship program began in the 2018-2019 school year, giving bullying victims new options to escape harmful situations. This program has helped thousands of students transfer to safer learning environments.
In 2021, Florida temporarily added COVID-19 harassment to the list of incidents qualifying for the Hope Scholarship. While that specific provision was emergency-based, it shows how the state continues to adapt its laws to address new forms of harassment.
Most recently, discussions about making cyberbullying specifically a misdemeanor crime (like Texas’s David’s Law) have occurred in Florida. While no such law has passed yet, the conversation shows Florida’s ongoing commitment to addressing bullying.
What to Do If Your Child Is Being Bullied
Take action immediately. Don’t wait to see if it gets better on its own. Document every incident with dates, times, what happened, who was involved, and any witnesses.
Talk to your child regularly about what’s happening. Make sure they know it’s not their fault and you’re going to help them. Avoid suggesting they fight back or ignore it, as that rarely works and can make things worse.
Report the bullying to the school principal in writing. Request a meeting to discuss the situation and develop a safety plan. Ask about the Hope Scholarship if you’re concerned your child isn’t safe at their current school.
Follow up regularly with the school. Florida law requires schools to keep you updated on actions they’re taking to protect your child, but don’t be afraid to ask for updates if you’re not hearing anything.
If the bullying involves criminal behavior, file a police report. Take screenshots of cyberbullying messages or posts before they’re deleted. Keep all evidence, including text messages, emails, and social media posts.
Consider getting counseling for your child. Bullying can have serious emotional and psychological effects. A counselor can help your child develop coping strategies and work through trauma.
Resources for Bullying Victims and Parents
Florida provides several resources for families dealing with bullying. The Florida Department of Education’s website has information about bullying prevention programs and model policies.
StopBullying.gov offers comprehensive information about recognizing, preventing, and responding to bullying. The site includes resources specifically for parents, students, and educators.
The Hope Scholarship information is available through the Florida Department of Education. You can find lists of participating private schools and instructions for applying.
Local law enforcement agencies can help when bullying crosses into criminal behavior. Don’t hesitate to contact police if your child is threatened, assaulted, or stalked.
Mental health resources are available through school counselors, community mental health centers, and private therapists. The National Suicide Prevention Lifeline (988) provides 24/7 support for anyone experiencing a crisis.
Standing Up Against Bullying
Florida’s bullying laws exist because bullying can have devastating consequences. Too many young people have suffered serious harm, and some have died by suicide after experiencing severe bullying.
If you see bullying happening, speak up. If you feel safe, tell the person doing the bullying to stop. If you don’t feel safe, walk away and bring the victim with you. Tell a trusted adult what you witnessed.
Students who report bullying aren’t snitches or tattletales. They’re potentially saving someone’s life. Adults who take bullying reports seriously and act on them are following the law and protecting children.
Now, here’s where it gets important. Creating a culture where bullying isn’t tolerated takes everyone. Schools, parents, students, and community members all play a role in prevention.
Frequently Asked Questions
What’s the difference between bullying and harassment under Florida law?
Bullying must be systematic and chronic, meaning repeated over time. Harassment can be a single severe incident. Both are prohibited under Florida school policies, but harassment has a slightly different legal definition that focuses on threatening or dehumanizing conduct.
Can my child be expelled for cyberbullying?
Yes, if the cyberbullying violates school policy and is severe or repeated. Schools can discipline students for cyberbullying that occurs off-campus if it substantially affects the school environment or another student’s ability to learn.
Does the Hope Scholarship require the school to find the bullying actually occurred?
No. Your child’s eligibility for the Hope Scholarship is based on the report of a qualifying incident, not on the outcome of any investigation. The law is clear that parents have the right to access the scholarship once an incident is properly reported.
What happens if my child falsely accuses someone of bullying?
False accusations are taken seriously. If an investigation reveals a bullying report was not made in good faith, the student who made the false report can face disciplinary consequences. Schools must have procedures for addressing false accusations in their anti-bullying policies.
Can adults be charged with crimes for bullying children?
Yes. Adults who harass, stalk, threaten, or harm children can face criminal charges under Florida’s harassment, stalking, assault, and other criminal statutes. The penalties for adults are typically more severe than for juveniles.
Final Thoughts
Florida’s bullying laws are designed to protect students and hold bullies accountable. Whether you’re dealing with traditional bullying, cyberbullying, or harassment, you have legal protections and options.
Don’t suffer in silence. Report bullying when you see it or experience it. Know your rights under the Hope Scholarship if you need to get your child out of a dangerous situation. Understand that some bullying behaviors are actual crimes with serious consequences.
Most importantly, remember that help is available. Schools must respond to bullying reports. Law enforcement can intervene when crimes occur. Resources exist to support victims and prevent future incidents.
Stay informed, stay safe, and when in doubt, report it. Bullying isn’t just mean behavior. In Florida, it’s against the law.
References
- Florida Statutes § 1006.147 – Bullying and harassment prohibited
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1006/Sections/1006.147.html - Florida Department of Education – Bullying Prevention
https://www.fldoe.org/safe-schools/bullying-prevention.stml - StopBullying.gov – Florida Anti-Bullying Laws & Policies
https://www.stopbullying.gov/resources/laws/florida - Florida Statutes § 784.048 – Stalking and cyberstalking
https://www.leg.state.fl.us/statutes/ - Florida Department of Education – Hope Scholarship Program
https://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/hope/ - Cyberbullying Research Center – Florida Bullying Laws
https://cyberbullying.org/bullying-laws/florida - Florida Statutes § 1002.40 – Hope Scholarship Program
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1002/Sections/1002.40.html