Florida HB 1101: Stalking
Status: Died in Criminal Justice Subcommittee (as of 2026-03-13)
State: Florida · Session: 2026 · Bill: HB 1101
Subjects: subject index
Sponsors: Berfield
Bill Text
HB 1101 2026 CODING: Words stricken are deletions; words underlined are additions. hb1101-00 Page 1 of 44 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to stalking; amending s. 784.048, 2 F.S.; creating an offense of aggravated stalking based 3 on nonconsensual entry upon the victim's property or 4 interference with the victim's property in the course 5 of committing the offense of stalking; creating the 6 offense of sexually aggravated stalking based on 7 certain sexual conduct in the course of committing the 8 offense of stalking; amending s. 921.0022, F.S.; 9 ranking offenses on the offense severity ranking chart 10 of the Criminal Punishment Code; amending s. 948.06, 11 F.S.; revising the definition of the term "qualifying 12 offense"; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (6) through (9) of section 784.048, 17 Florida Statutes, are renumbered as subsections (8) through 18 (11), respectively, new subsections (6) and (7) are added to 19 that section, and subsection (2) is republished, to read: 20 784.048 Stalking; definitions; penalties.— 21 (2) A person who willfully, maliciously, and repeatedly 22 follows, harasses, or cyberstalks another person commits the 23 offense of stalking, a misdemeanor of the first degree, 24 punishable as provided in s. 775.082 or s. 775.083. 25 HB 1101 2026 CODING: Words stricken are deletions; words underlined are additions. hb1101-00 Page 2 of 44 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (6) A person who commits the offense of stalking and who, 26 in the course of committing the offense: 27 (a) Enters upon the property of the victim without 28 consent; or 29 (b) Interferes with the victim's property, including, but 30 not limited to, tampering with or disabling security or 31 surveillance devices, 32 33 commits the offense of aggravated stalking, a felony of the 34 third degree, punishable as provided in s. 775.082, s. 775.083, 35 or s. 775.084. 36 (7) A person who commits the offense of stalking and who, 37 in the course of committing the offense: 38 (a) Commits a lewd or lascivious act, including the 39 exposure of genitals, masturbation, or other sexually explicit 40 conduct, in the presence of or directed toward the victim or 41 upon the property of the victim; or 42 (b) Mails, delivers, causes to be delivered, or otherwise 43 transmits to the victim unsolicited sexually explicit materials 44 with the intent to harass, degrade, or intimidate the victim, 45 46 commits the offense of sexually aggravated stalking, a felony of 47 the third degree, punishable as provided in s. 775.082, s. 48 775.083, or s. 775.084. 49 Section 2. Paragraphs (f) and (g) of subsection (3) of 50 HB 1101 2026 CODING: Words stricken are deletions; words underlined are additions. hb1101-00 Page 3 of 44 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S section 921.0022, Florida Statutes, are amended to read: 51 921.0022 Criminal Punishment Code; offense severity 52 ranking chart.— 53 (3) OFFENSE SEVERITY RANKING CHART 54 (f) LEVEL 6 55 56 Florida Statute Felony Degree Description 57 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 58 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 59 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 60 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene. 61 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. HB 1101 2026 CODING: Words stricken are deletions; words underlined are additions. hb1101-00 Page 4 of 44 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 62 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 63 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 64 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 65 775.0875(1) 3rd Taking firearm from law enforcement officer. 66 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 67 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 68 784.041 3rd Felony battery; domestic battery by strangulation. HB 1101 2026 CODING: Words stricken are deletions; words underlined are additions. hb1101-00 Page 5 of 44 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 69 784.048(3) 3rd Aggravated stalking; credible threat. 70 784.048(5) 3rd Aggravated stalking of person under 16. 71 784.048(6) 3rd Aggravated stalking; entering upon or interfering with victim's property. 72 784.048(7) 3rd Sexually aggravated stalking. 73 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 74 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 75 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 76 784.081(2)
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