Florida Harassment Laws in 2026: Know Your Rights and Responsibilities

Most people have no idea how strict Florida’s harassment laws actually are. Seriously. But in Florida, sending unwanted texts, making repeated calls, or posting things about someone online can land you in serious legal trouble. Let’s break down exactly what you need to know.

What Is Harassment in Florida?

Okay, here’s where things get important. In Florida, “harassment” doesn’t mean just being rude or annoying. Legally, harassment means engaging in repeated conduct that causes someone substantial emotional distress and serves no legitimate purpose.

Think of it this way. One mean text? Probably not harassment. But a pattern of texts, calls, emails, or messages designed to make someone feel unsafe or upset? That crosses the line into illegal behavior.

The law requires what’s called a “course of conduct.” That’s basically a pattern of multiple acts over time. Even if that time period is short, if your actions show a clear intention to harass, you could face criminal charges.

Basic Types of Harassment in Florida

Stalking and Repeated Contact

Stalking is the most common form of harassment in Florida. It involves repeatedly following, contacting, or cyberstalking someone. This can include making unwanted phone calls, sending texts, showing up at someone’s home or workplace, or even watching someone from a distance.

Want to know what’s considered stalking? Making repeated calls that are unwanted. Sending constant text messages. Emailing someone who told you to stop. Showing up at their work even though they asked you not to. These actions, especially when done repeatedly, can all be charged as stalking.

The key word here is “repeatedly.” A single text message isn’t stalking. But continuous contact after someone asks you to stop definitely is.

Cyberstalking and Online Harassment

Cyberstalking is basically the digital version of stalking. It involves using electronic communication to harass, threaten, or intimidate someone. This includes emails, text messages, social media posts, direct messages, comments, or any other online platform.

Cyberstalking can look different ways. Constantly tagging someone in posts they don’t want. Sending threatening messages through apps. Accessing someone’s accounts without permission. Even collecting personal information about someone online without their consent can cross the line.

Not sure what counts as cyberstalking? Here’s a quick test: Would the person want you contacting them that way? Does it cause them emotional distress? Is there a legitimate reason for your contact? If you answered “no” to these questions, it’s probably harassment.

Sexual Cyber Harassment

This one gets serious fast. In Florida, sexual cyber harassment (sometimes called “revenge porn”) involves sharing sexually explicit images or videos of someone without their consent. Think of it like a digital violation of someone’s privacy—and the law treats it that way.

When you share intimate photos or videos of someone without permission, it’s a first-degree misdemeanor in Florida. That’s no small charge. The law recognizes that once something gets posted online, it spreads everywhere and stays there forever, causing real psychological harm.

Even if the images were taken with consent, sharing them without permission is illegal. The law assumes people taking intimate photos expect those images to stay private. When you violate that expectation, you’re breaking Florida law.

First Responder Harassment—A New 2025 Law

Hold on, this part is important. As of January 1, 2025, Florida has a new law about first responder harassment. If you come too close to an on-duty police officer, firefighter, paramedic, or other first responder after they give you a warning, you can be charged with a second-degree misdemeanor.

Here’s the specific rule: If an on-duty officer tells you to back away, you must stay at least 25 feet away. Getting closer than that can result in criminal charges. This applies even during peaceful situations—you don’t have to be doing anything wrong for the law to apply.

This law is sometimes called the “halo law.” The goal is protecting first responders. But honestly, critics worry it could prevent people from recording police or getting close enough to help during emergencies. Courts will eventually sort out how strictly this law applies.

Penalties and Consequences

Basic Stalking Charges

Here’s where the consequences start adding up. Basic stalking in Florida is a misdemeanor of the first degree. That means you could face up to one year in jail, one year of probation, and a fine up to $1,000.

That’s serious. Jail time. A criminal record that follows you forever. Probation restrictions. This isn’t a traffic ticket we’re talking about.

Aggravated Stalking

Aggravated stalking is much worse. This happens when your stalking includes a credible threat of harm, targets a child under 16, or violates a protective order. Aggravated stalking is a felony of the third degree.

The penalties? Up to five years in prison, a fine up to $5,000, and five years of probation. We’re talking serious time behind bars here. This can destroy your future—affecting jobs, housing, relationships, everything.

Sexual Cyber Harassment Penalties

Sexual cyber harassment carries harsh consequences. First offense? First-degree misdemeanor punishable by up to one year in jail, probation, and a $1,000 fine.

But here’s the scary part: the victim can also sue you in civil court separately from any criminal charges. The law requires you to pay at least $5,000 in damages—or more if the actual damages are higher. Plus, you pay the victim’s attorney fees. That money comes straight out of your pocket.

If it’s a second offense, the charges escalate to a third-degree felony. That means up to five years in prison and a $5,000 fine. If the images involved a minor, child pornography charges could follow, and sex offender registration becomes very likely.

Cyberstalking and Online Harassment

Cyberstalking penalties depend on severity. Basic cyberstalking is a first-degree misdemeanor—up to one year in jail and a $1,000 fine.

But if your cyberstalking includes threats, it becomes aggravated stalking (felony, up to five years in prison). If you’re targeting a minor, automatic felony charges apply. Previous convictions result in enhanced penalties.

Special Circumstances and Recent Changes

Harassment of Protected Groups

Workplace harassment laws are getting stricter in Florida. Harassment based on someone’s race, religion, disability, age, gender, sexual orientation, or gender identity is against the law. This applies even more broadly than criminal harassment laws.

Employers have a responsibility to prevent harassment. If you’re harassing a coworker based on any protected characteristic, you could face employment consequences, civil liability, or criminal charges depending on severity.

First Responder Harassment Update (2025)

The new first responder law created controversy. While supporters say it protects police and firefighters, critics worry it could prevent documenting police conduct or assisting during emergencies.

The law’s language about “emotional distress” is also vague. What counts as emotionally distressing a first responder? Courts haven’t ruled yet, so the law’s exact limits remain unclear. This will likely become a major legal issue as cases move through Florida courts.

Harassment That Violates Protective Orders

If someone has a restraining order or protective order against you (for domestic violence, sexual violence, repeat violence, or dating violence), violating that order by harassing the person makes it aggravated stalking. That’s an automatic felony, even if the original stalking was “just” a misdemeanor.

This rule is serious because it assumes you already had fair warning. A judge already told you to stay away, and you ignored that order. Florida courts take that very seriously.

Getting Protection From Harassment

Filing for a Protective Order

If you’re being harassed, you have legal options. You can go to your circuit court and file for an injunction for protection from stalking or cyberstalking. This is basically a court order telling someone to leave you alone.

The court can order the person to have no contact with you. They can require them to stay a certain distance away from your home, work, or school. They can restrict their ability to use electronic communication to contact you. These orders can last up to years.

Once you have a protective order, violating it becomes even more serious. That person goes from a basic harassment case to criminal contempt of court.

Documentation Is Everything

Here’s practical advice: if you’re being harassed, document everything. Write down dates, times, what happened, and who witnessed it. Save all messages, emails, screenshots, and evidence. This documentation is crucial for police reports and court cases.

Don’t delete anything. Don’t respond to harassment in an angry way. Stay calm, document, and report. Your evidence will be what makes or breaks your case.

How to Report and What to Do

Report to Law Enforcement

If you’re being harassed, report it to local police. Bring your documentation. Give them all the evidence you’ve collected. File an official police report. This creates an official record that can support future legal action.

Police can investigate and potentially make arrests. Law enforcement can also help you file for protective orders in many cases.

Report to Your Employer

If workplace harassment is happening, report it to HR or your supervisor. Most large employers have specific procedures for reporting harassment. Document your report in writing.

Employers have a legal obligation to investigate complaints and take corrective action. If they don’t, you might have grounds for a separate lawsuit against the company.

Getting Legal Help

Honestly, harassment cases can get complicated. Consider talking to a lawyer. Many attorneys offer free consultations. A lawyer can explain your specific situation, help you file reports, assist with protective orders, and represent you if criminal charges are involved.

If you can’t afford a lawyer, many communities have legal aid organizations that provide free services to low-income people.

Reporting Sexual Cyber Harassment

Sexual cyber harassment has special reporting procedures. You can file a police report just like any other harassment. Some police departments have specialized cybercrime units that handle these cases specifically.

You can also pursue civil action separately, meaning you can sue for damages without waiting for criminal proceedings.

Frequently Asked Questions

Does blocking someone on social media mean I can’t get in trouble for harassment? No. Blocking doesn’t erase your past harassment. If you sent harassing messages before blocking, those messages are evidence of harassment. Law enforcement can still investigate and file charges.

What if the person is harassing me back—can I harass them in return? No way. Two wrongs don’t make a right. You could face your own charges. If you’re being harassed, report it to police instead. Don’t try to get revenge or “teach them a lesson.”

Can I get in trouble for just looking at someone’s social media without contacting them? Probably not, unless you’re following them to track their movements or activities in a concerning way. But if you’re accessing their accounts without permission or monitoring their location, that could cross into illegal territory.

Is it harassment if I keep contacting someone after a breakup? It depends on frequency and intent. One message asking to get back together? Probably not. Dozens of messages after they said no? That’s harassment. If they explicitly told you to stop contacting them and you keep trying, you’re likely breaking the law.

What happens to my record if I’m convicted of harassment? It stays on your criminal record forever (unless you eventually get it expunged, which requires a legal process). This affects jobs, housing, education, background checks, and more. A harassment conviction can follow you for life.

Final Thoughts

Florida’s harassment laws are serious. Repeating unwanted contact—whether through calls, texts, social media, or in person—can result in criminal charges, jail time, fines, and a permanent record that affects your future.

The best approach is simple: respect other people’s boundaries. If someone asks you to stop contacting them, stop. If someone tells you to leave them alone, listen. If you’re angry or frustrated with someone, talk to a therapist or counselor instead of harassing them.

If you’re being harassed, know that the law is on your side. Document everything, report it to police, and consider getting a protective order. You deserve to feel safe.

Now you know the basics. Stay informed, respect boundaries, and when in doubt, ask a lawyer. They can give you guidance specific to your situation.

References

• Florida Statutes § 784.048 – Stalking; definitions; penalties: https://m.flsenate.gov/statutes/784.048
• Florida Statutes § 784.049 – Sexual cyberharassment: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.049.html
• Florida’s “Halo Law” – First Responder Harassment (2025): https://news.wfsu.org/state-news/2025-01-09/new-florida-laws-tackle-first-responder-harassment-and-fast-building-permits
• Florida Commission on Human Relations – Workplace Harassment: https://www.fchr.myflorida.com/
• Florida Department of Law Enforcement – Criminal Harassment Resources: https://www.fdle.state.fl.us/