Florida Senate - 2026                                    SB 1454
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00923-26                                           20261454__
    1                        A bill to be entitled                      
    2         An act relating to aggravated stalking; amending s.
    3         784.048, F.S.; creating the offense of aggravated
    4         stalking if a person willfully, maliciously, and
    5         repeatedly follows, harasses, or cyberstalks another
    6         person and in the course of such conduct commits
    7         specified acts; providing criminal penalties; amending
    8         ss. 921.0022 and 948.06, F.S.; conforming cross
    9         references; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsections (6) through (9) of section
   14  784.048, Florida Statutes, are redesignated as subsections (7)
   15  through (10), respectively, and a new subsection (6) is added to
   16  that section, to read:
   17         784.048 Stalking; definitions; penalties.—
   18         (6) A person commits the offense of aggravated stalking, a
   19  felony of the third degree, punishable as provided in s.
   20  775.082, s. 775.083, or s. 775.084, if he or she willfully,
   21  maliciously, and repeatedly follows, harasses, or cyberstalks
   22  another person, and in the course of such conduct commits any of
   23  the following acts:
   24         (a)Enters onto the property of the other person without
   25  consent, or interferes with the other person’s property,
   26  including, but not limited to, tampering with or disabling
   27  security or surveillance devices.
   28         (b)Commits a lewd or lascivious act, including, but not
   29  limited to, the exposure of his or her genitals, masturbation,
   30  or other sexually explicit conduct, in the presence of or
   31  directed toward the other person or the other person’s property.
   32         (c)Mails, delivers, causes to be delivered, or otherwise
   33  transmits to the other person unsolicited sexually explicit
   34  material with the intent to harass, degrade, or intimidate.
   35         Section 2. Paragraph (g) of subsection (3) of section
   36  921.0022, Florida Statutes, is amended to read:
   37         921.0022 Criminal Punishment Code; offense severity ranking
   38  chart.—
   39         (3) OFFENSE SEVERITY RANKING CHART
   40         (g) LEVEL 7
   41  
   42  FloridaStatute            FelonyDegree         Description         
   43  316.027(2)(c)                  1st     Accident involving death, failure to stop; leaving scene.
   44  316.193(3)(c)2.                3rd     DUI resulting in serious bodily injury.
   45  316.1935(3)(b)                 1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
   46  327.35(3)(a)3.b.               3rd     Vessel BUI resulting in serious bodily injury.
   47  402.319(2)                     2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
   48  409.920 (2)(b)1.a.             3rd     Medicaid provider fraud; $10,000 or less.
   49  409.920 (2)(b)1.b.             2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
   50  456.065(2)                     3rd     Practicing a health care profession without a license.
   51  456.065(2)                     2nd     Practicing a health care profession without a license which results in serious bodily injury.
   52  458.327(1)                     3rd     Practicing medicine without a license.
   53  459.013(1)                     3rd     Practicing osteopathic medicine without a license.
   54  460.411(1)                     3rd     Practicing chiropractic medicine without a license.
   55  461.012(1)                     3rd     Practicing podiatric medicine without a license.
   56  462.17                         3rd     Practicing naturopathy without a license.
   57  463.015(1)                     3rd     Practicing optometry without a license.
   58  464.016(1)                     3rd     Practicing nursing without a license.
   59  465.015(2)                     3rd     Practicing pharmacy without a license.
   60  466.026(1)                     3rd     Practicing dentistry or dental hygiene without a license.
   61  467.201                        3rd     Practicing midwifery without a license.
   62  468.366                        3rd     Delivering respiratory care services without a license.
   63  483.828(1)                     3rd     Practicing as clinical laboratory personnel without a license.
   64  483.901(7)                     3rd     Practicing medical physics without a license.
   65  484.013(1)(c)                  3rd     Preparing or dispensing optical devices without a prescription.
   66  484.053                        3rd     Dispensing hearing aids without a license.
   67  494.0018(2)                    1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
   68  560.123(8)(b)1.                3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
   69  560.125(5)(a)                  3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
   70  655.50(10)(b)1.                3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
   71  775.21(10)(a)                  3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
   72  775.21(10)(b)                  3rd     Sexual predator working where children regularly congregate.
   73  775.21(10)(g)                  3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
   74  782.051(3)                     2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
   75  782.07(1)                      2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
   76  782.071                        2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
   77  782.072                        2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
   78  784.045(1)(a)1.                2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
   79  784.045(1)(a)2.                2nd     Aggravated battery; using deadly weapon.
   80  784.045(1)(b)                  2nd     Aggravated battery; perpetrator aware victim pregnant.
   81  784.048(4)                     3rd     Aggravated stalking; violation of injunction or court order.
   82  784.048(8)784.048(7)           3rd     Aggravated stalking; violation of court order.
   83  784.07(2)(d)                   1st     Aggravated battery on law enforcement officer.
   84  784.074(1)(a)                  1st     Aggravated battery on sexually violent predators facility staff.
   85  784.08(2)(a)                   1st     Aggravated battery on a person 65 years of age or older.
   86  784.081(1)                     1st     Aggravated battery on specified official or employee.
   87  784.082(1)                     1st     Aggravated battery by detained person on visitor or other detainee.
   88  784.083(1)                     1st     Aggravated battery on code inspector.
   89  787.025(2)(b)                  2nd     Luring or enticing a child; second or subsequent offense.
   90  787.025(2)(c)                  2nd     Luring or enticing a child with a specified prior conviction.
   91  787.06(3)(a)2.                 1st     Human trafficking using coercion for labor and services of an adult.
   92  787.06(3)(e)2.                 1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
   93  790.07(4)                      1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
   94  790.16(1)                      1st     Discharge of a machine gun under specified circumstances.
   95  790.165(2)                     2nd     Manufacture, sell, possess, or deliver hoax bomb.
   96  790.165(3)                     2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
   97  790.166(3)                     2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
   98  790.166(4)                     2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
   99  790.23                       1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  100  794.08(4)                      3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  101  796.05(1)                      1st     Live on earnings of a prostitute; 2nd offense.
  102  796.05(1)                      1st     Live on earnings of a prostitute; 3rd and subsequent offense.
  103  800.04(5)(c)1.                 2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
  104  800.04(5)(c)2.                 2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
  105  800.04(5)(e)                   1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
  106  806.01(2)                      2nd     Maliciously damage structure by fire or explosive.
  107  810.02(3)(a)                   2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
  108  810.02(3)(b)                   2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
  109  810.02(3)(d)                   2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
  110  810.02(3)(e)                   2nd     Burglary of authorized emergency vehicle.
  111  812.014(2)(a)1.                1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  112  812.014(2)(b)2.                2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  113  812.014(2)(b)3.                2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
  114  812.014(2)(b)4.                2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
  115  812.014(2)(g)                  2nd     Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
  116  812.0145(2)(a)                 1st     Theft from person 65 years of age or older; $50,000 or more.
  117  812.019(2)                     1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  118  812.131(2)(a)                  2nd     Robbery by sudden snatching.
  119  812.133(2)(b)                  1st     Carjacking; no firearm, deadly weapon, or other weapon.
  120  817.034(4)(a)1.                1st     Communications fraud, value greater than $50,000.
  121  817.234(8)(a)                  2nd     Solicitation of motor vehicle accident victims with intent to defraud.
  122  817.234(9)                     2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
  123  817.234(11)(c)                 1st     Insurance fraud; property value $100,000 or more.
  124  817.2341 (2)(b) & (3)(b)       1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  125  817.418(2)(a)                  3rd     Offering for sale or advertising personal protective equipment with intent to defraud.
  126  817.504(1)(a)                  3rd     Offering or advertising a vaccine with intent to defraud.
  127  817.535(2)(a)                  3rd     Filing false lien or other unauthorized document.
  128  817.611(2)(b)                  2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
  129  825.102(3)(b)                  2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  130  825.103(3)(b)                  2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
  131  827.03(2)(b)                   2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
  132  827.04(3)                      3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
  133  827.071(2) & (3)               2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  134  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  135  837.05(2)                      3rd     Giving false information about alleged capital felony to a law enforcement officer.
  136  838.015                        2nd     Bribery.                    
  137  838.016                        2nd     Unlawful compensation or reward for official behavior.
  138  838.021(3)(a)                  2nd     Unlawful harm to a public servant.
  139  838.22                         2nd     Bid tampering.              
  140  843.0855(2)                    3rd     Impersonation of a public officer or employee.
  141  843.0855(3)                    3rd     Unlawful simulation of legal process.
  142  843.0855(4)                    3rd     Intimidation of a public officer or employee.
  143  847.0135(3)                    3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
  144  847.0135(4)                    2nd     Traveling to meet a minor to commit an unlawful sex act.
  145  872.06                         2nd     Abuse of a dead human body. 
  146  874.05(2)(b)                   1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  147  874.10                       1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  148  893.13(1)(c)1.                 1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  149  893.13(1)(e)1.                 1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
  150  893.13(4)(a)                   1st     Use or hire of minor; deliver to minor other controlled substance.
  151  893.135(1)(a)1.                1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  152  893.135 (1)(b)1.a.             1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
  153  893.135 (1)(c)1.a.             1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  154  893.135 (1)(c)2.a.             1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
  155  893.135 (1)(c)2.b.             1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
  156  893.135 (1)(c)3.a.             1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
  157  893.135 (1)(c)3.b.             1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
  158  893.135 (1)(c)4.b.(I)          1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
  159  893.135 (1)(d)1.a.             1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
  160  893.135(1)(e)1.                1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
  161  893.135(1)(f)1.                1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
  162  893.135 (1)(g)1.a.             1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  163  893.135 (1)(h)1.a.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  164  893.135 (1)(j)1.a.             1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  165  893.135 (1)(k)2.a.             1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  166  893.135 (1)(m)2.a.             1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
  167  893.135 (1)(m)2.b.             1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
  168  893.135 (1)(n)2.a.             1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
  169  893.1351(2)                    2nd     Possession of place for trafficking in or manufacturing of controlled substance.
  170  896.101(5)(a)                  3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
  171  896.104(4)(a)1.                3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  172  943.0435(4)(c)                 2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  173  943.0435(8)                    2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  174  943.0435(9)(a)                 3rd     Sexual offender; failure to comply with reporting requirements.
  175  943.0435(13)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  176  943.0435(14)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  177  944.607(9)                     3rd     Sexual offender; failure to comply with reporting requirements.
  178  944.607(10)(a)                 3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  179  944.607(12)                    3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  180  944.607(13)                    3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  181  985.4815(10)                   3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
  182  985.4815(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  183  985.4815(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
  184         Section 3. Paragraph (c) of subsection (8) of section
  185  948.06, Florida Statutes, is amended to read:
  186         948.06 Violation of probation or community control;
  187  revocation; modification; continuance; failure to pay
  188  restitution or cost of supervision.—
  189         (8)
  190         (c) For purposes of this section, the term “qualifying
  191  offense” means any of the following:
  192         1. Kidnapping or attempted kidnapping under s. 787.01,
  193  false imprisonment of a child under the age of 13 under s.
  194  787.02(3), or luring or enticing a child under s. 787.025(2)(b)
  195  or (c).
  196         2. Murder or attempted murder under s. 782.04, attempted
  197  felony murder under s. 782.051, or manslaughter under s. 782.07.
  198         3. Aggravated battery or attempted aggravated battery under
  199  s. 784.045.
  200         4. Sexual battery or attempted sexual battery under s.
  201  794.011(2), (3), (4), or (8)(b) or (c).
  202         5. Lewd or lascivious battery or attempted lewd or
  203  lascivious battery under s. 800.04(4), lewd or lascivious
  204  molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
  205  conduct under s. 800.04(6)(b), lewd or lascivious exhibition
  206  under s. 800.04(7)(b), or lewd or lascivious exhibition on
  207  computer under s. 847.0135(5)(b).
  208         6. Robbery or attempted robbery under s. 812.13, carjacking
  209  or attempted carjacking under s. 812.133, or home invasion
  210  robbery or attempted home invasion robbery under s. 812.135.
  211         7. Lewd or lascivious offense upon or in the presence of an
  212  elderly or disabled person or attempted lewd or lascivious
  213  offense upon or in the presence of an elderly or disabled person
  214  under s. 825.1025.
  215         8. Sexual performance by a child or attempted sexual
  216  performance by a child under s. 827.071.
  217         9. Computer pornography under s. 847.0135(2) or (3),
  218  transmission of child pornography under s. 847.0137, or selling
  219  or buying of minors under s. 847.0145.
  220         10. Poisoning food or water under s. 859.01.
  221         11. Abuse of a dead human body under s. 872.06.
  222         12. Any burglary offense or attempted burglary offense that
  223  is either a first degree felony or second degree felony under s.
  224  810.02(2) or (3).
  225         13. Arson or attempted arson under s. 806.01(1).
  226         14. Aggravated assault under s. 784.021.
  227         15. Aggravated stalking under s. 784.048(3), (4), (5), or
  228  (8) s. 784.048(3), (4), (5), or (7).
  229         16. Aircraft piracy under s. 860.16.
  230         17. Unlawful throwing, placing, or discharging of a
  231  destructive device or bomb under s. 790.161(2), (3), or (4).
  232         18. Treason under s. 876.32.
  233         19. Any offense committed in another jurisdiction which
  234  would be an offense listed in this paragraph if that offense had
  235  been committed in this state.
  236         Section 4. This act shall take effect October 1, 2026.