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Florida Stalking Laws

Code Section

Defined As
Willful, malicious, and repeated following or harassing. (704.048(2)); Aggravated stalking: willful, malicious and repeated following or harassing another with credible threats with the intent to place person in reasonable fear of death or bodily injury; or willfully, maliciously, repeatedly follows or harasses minor under 16; or after injunction for protection or any court-imposed prohibition of conduct, knowingly, willfully, maliciously and repeatedly follows or harasses another person.

Sentencing/fines: apply 775.082, 083,084 Stalking misdemeanor is 1st degree Aggravated stalking is felony of the 3rd degree 784.048(3), (4) and (5)

Repeat Offense
In violation of injunction or domestic violence protective order: felony in 3rd degree

Arrest or Restraining Order Specifically Authorized by Statute?
Arrest without warrant if probable cause to believe statute is violated. (784.048(6))

Constitutionally Protected Activities Exempted?
Yes. (784.048(1)(b)); includes picketing and organized protests

Inside Florida Stalking Laws