Category: Criminal Offenses · Statute: F.S. 784.048 · Source: Florida Legislature
Understanding Harassment in Florida
In Florida, there is no standalone criminal charge called "harassment." Instead, conduct that constitutes harassment is prosecuted under Florida Statute Section 784.048, which governs stalking. To meet the legal definition of harassment, an individual must engage in a "course of conduct" directed at a specific person. This means the behavior cannot be a single, isolated incident; it must be a series of acts over a period of time, however short, that evidences a continuity of purpose. Furthermore, the behavior must serve no legitimate purpose and must actually cause substantial emotional distress to the target.
The law evaluates "substantial emotional distress" using an objective standard—meaning a reasonable person in the victim's circumstances would feel severe suffering or anxiety due to the behavior. Common examples that lead to harassment arrests in Florida include repeated, unwanted phone calls, continuous text messages, showing up at a person's workplace, or sending unsolicited packages. If the course of conduct includes a credible threat of violence that places the victim in reasonable fear of death or bodily injury, the charge escalates from misdemeanor stalking to felony aggravated stalking.
Bail and Pretrial Release for Harassment Charges
Under Florida law, individuals arrested for stalking or aggravated stalking under Section 784.048 are subject to strict pretrial release conditions. Judges frequently issue a mandatory "No Contact" order as a condition of bond, prohibiting any direct or indirect communication with the alleged victim. Violating this order while out on bail is a separate criminal offense and will result in the immediate revocation of the bond, meaning the defendant will be held in jail without bail until trial.