Florida Senate - 2025 SB 1042 By Senator Martin 33-01523-25 20251042__ 1 A bill to be entitled 2 An act relating to interfering with an officer’s means 3 of protection or communication; amending s. 843.025, 4 F.S.; prohibiting a person from depriving certain 5 officers of digital recording devices or restraint 6 devices; prohibiting a person from rendering useless 7 certain officer’s weapons or radios, digital recording 8 devices, or restraint devices; providing criminal 9 penalties; amending ss. 397.417, 420.6241, 435.04, and 10 921.0022, F.S.; conforming provisions to changes made 11 by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 843.025, Florida Statutes, is amended to 16 read: 17 843.025 Interfering with an officer’sDepriving officer of18 means of protection or communication.— 19 (1) It is unlawful for any person to do any of the 20 following todeprivea law enforcement officer as defined in s. 21 943.10(1), a correctional officer as defined in s. 943.10(2), or 22 a correctional probation officer as defined in s. 943.10(3): 23 (a) Deprive the officer of her or his weapon or radio; 24 digital recording device, including a body-worn camera; or 25 restraint device, including handcuffs, or to otherwise deprive 26 the officer of the means to defend herself or himself or summon 27 assistance. 28 (b) Render useless the officer’s weapon or radio; digital 29 recording device, including a body-worn camera; or restraint 30 device, including handcuffs, or to otherwise prevent the officer 31 from defending herself or himself or to summon assistance. 32 (2) Any person who violates this section commitsis guilty33ofa felony of the third degree, punishable as provided in s. 34 775.082, s. 775.083, or s. 775.084. 35 Section 2. Paragraph (e) of subsection (4) of section 36 397.417, Florida Statutes, is amended to read: 37 397.417 Peer specialists.— 38 (4) BACKGROUND SCREENING.— 39 (e) The background screening conducted under this 40 subsection must ensure that a peer specialist has not been 41 arrested for and is awaiting final disposition of, found guilty 42 of, regardless of adjudication, or entered a plea of nolo 43 contendere or guilty to, or been adjudicated delinquent and the 44 record has not been sealed or expunged for, any offense 45 prohibited under any of the following state laws or similar laws 46 of another jurisdiction: 47 1. Section 393.135, relating to sexual misconduct with 48 certain developmentally disabled clients and reporting of such 49 sexual misconduct. 50 2. Section 394.4593, relating to sexual misconduct with 51 certain mental health patients and reporting of such sexual 52 misconduct. 53 3. Section 409.920, relating to Medicaid provider fraud, if 54 the offense was a felony of the first or second degree. 55 4. Section 415.111, relating to abuse, neglect, or 56 exploitation of vulnerable adults. 57 5. Any offense that constitutes domestic violence as 58 defined in s. 741.28. 59 6. Section 777.04, relating to attempts, solicitation, and 60 conspiracy to commit an offense listed in this paragraph. 61 7. Section 782.04, relating to murder. 62 8. Section 782.07, relating to manslaughter; aggravated 63 manslaughter of an elderly person or a disabled adult; 64 aggravated manslaughter of a child; or aggravated manslaughter 65 of an officer, a firefighter, an emergency medical technician, 66 or a paramedic. 67 9. Section 782.071, relating to vehicular homicide. 68 10. Section 782.09, relating to killing an unborn child by 69 injury to the mother. 70 11. Chapter 784, relating to assault, battery, and culpable 71 negligence, if the offense was a felony. 72 12. Section 787.01, relating to kidnapping. 73 13. Section 787.02, relating to false imprisonment. 74 14. Section 787.025, relating to luring or enticing a 75 child. 76 15. Section 787.04(2), relating to leading, taking, 77 enticing, or removing a minor beyond state limits, or concealing 78 the location of a minor, with criminal intent pending custody 79 proceedings. 80 16. Section 787.04(3), relating to leading, taking, 81 enticing, or removing a minor beyond state limits, or concealing 82 the location of a minor, with criminal intent pending dependency 83 proceedings or proceedings concerning alleged abuse or neglect 84 of a minor. 85 17. Section 790.115(1), relating to exhibiting firearms or 86 weapons within 1,000 feet of a school. 87 18. Section 790.115(2)(b), relating to possessing an 88 electric weapon or device, a destructive device, or any other 89 weapon on school property. 90 19. Section 794.011, relating to sexual battery. 91 20. Former s. 794.041, relating to prohibited acts of 92 persons in familial or custodial authority. 93 21. Section 794.05, relating to unlawful sexual activity 94 with certain minors. 95 22. Section 794.08, relating to female genital mutilation. 96 23. Section 796.07, relating to procuring another to commit 97 prostitution, except for those offenses expunged pursuant to s. 98 943.0583. 99 24. Section 798.02, relating to lewd and lascivious 100 behavior. 101 25. Chapter 800, relating to lewdness and indecent 102 exposure. 103 26. Section 806.01, relating to arson. 104 27. Section 810.02, relating to burglary, if the offense 105 was a felony of the first degree. 106 28. Section 810.14, relating to voyeurism, if the offense 107 was a felony. 108 29. Section 810.145, relating to digital voyeurism, if the 109 offense was a felony. 110 30. Section 812.13, relating to robbery. 111 31. Section 812.131, relating to robbery by sudden 112 snatching. 113 32. Section 812.133, relating to carjacking. 114 33. Section 812.135, relating to home-invasion robbery. 115 34. Section 817.034, relating to communications fraud, if 116 the offense was a felony of the first degree. 117 35. Section 817.234, relating to false and fraudulent 118 insurance claims, if the offense was a felony of the first or 119 second degree. 120 36. Section 817.50, relating to fraudulently obtaining 121 goods or services from a health care provider and false reports 122 of a communicable disease. 123 37. Section 817.505, relating to patient brokering. 124 38. Section 817.568, relating to fraudulent use of personal 125 identification, if the offense was a felony of the first or 126 second degree. 127 39. Section 825.102, relating to abuse, aggravated abuse, 128 or neglect of an elderly person or a disabled adult. 129 40. Section 825.1025, relating to lewd or lascivious 130 offenses committed upon or in the presence of an elderly person 131 or a disabled person. 132 41. Section 825.103, relating to exploitation of an elderly 133 person or a disabled adult, if the offense was a felony. 134 42. Section 826.04, relating to incest. 135 43. Section 827.03, relating to child abuse, aggravated 136 child abuse, or neglect of a child. 137 44. Section 827.04, relating to contributing to the 138 delinquency or dependency of a child. 139 45. Former s. 827.05, relating to negligent treatment of 140 children. 141 46. Section 827.071, relating to sexual performance by a 142 child. 143 47. Section 831.30, relating to fraud in obtaining 144 medicinal drugs. 145 48. Section 831.31, relating to the sale; manufacture; 146 delivery; or possession with intent to sell, manufacture, or 147 deliver of any counterfeit controlled substance, if the offense 148 was a felony. 149 49. Section 843.01, relating to resisting arrest with 150 violence. 151 50. Section 843.025, relating to interfering withdepriving152 a law enforcement, correctional, or correctional probation 153 officer’sofficer of themeans of protection or communication. 154 51. Section 843.12, relating to aiding in an escape. 155 52. Section 843.13, relating to aiding in the escape of 156 juvenile inmates of correctional institutions. 157 53. Chapter 847, relating to obscenity. 158 54. Section 874.05, relating to encouraging or recruiting 159 another to join a criminal gang. 160 55. Chapter 893, relating to drug abuse prevention and 161 control, if the offense was a felony of the second degree or 162 greater severity. 163 56. Section 895.03, relating to racketeering and collection 164 of unlawful debts. 165 57. Section 896.101, relating to the Florida Money 166 Laundering Act. 167 58. Section 916.1075, relating to sexual misconduct with 168 certain forensic clients and reporting of such sexual 169 misconduct. 170 59. Section 944.35(3), relating to inflicting cruel or 171 inhuman treatment on an inmate resulting in great bodily harm. 172 60. Section 944.40, relating to escape. 173 61. Section 944.46, relating to harboring, concealing, or 174 aiding an escaped prisoner. 175 62. Section 944.47, relating to introduction of contraband 176 into a correctional institution. 177 63. Section 985.701, relating to sexual misconduct in 178 juvenile justice programs. 179 64. Section 985.711, relating to introduction of contraband 180 into a detention facility. 181 Section 3. Paragraph (b) of subsection (4) of section 182 420.6241, Florida Statutes, is amended to read: 183 420.6241 Persons with lived experience.— 184 (4) BACKGROUND SCREENING.— 185 (b) The background screening conducted under this 186 subsection must ensure that the qualified applicant has not been 187 arrested for and is not awaiting final disposition of, has not 188 been found guilty of, regardless of adjudication, or entered a 189 plea of nolo contendere or guilty to, or has not been 190 adjudicated delinquent and the record has been sealed or 191 expunged for, any offense prohibited under any of the following 192 state laws or similar laws of another jurisdiction: 193 1. Section 393.135, relating to sexual misconduct with 194 certain developmentally disabled clients and reporting of such 195 sexual misconduct. 196 2. Section 394.4593, relating to sexual misconduct with 197 certain mental health patients and reporting of such sexual 198 misconduct. 199 3. Section 409.920, relating to Medicaid provider fraud, if 200 the offense is a felony of the first or second degree. 201 4. Section 415.111, relating to criminal penalties for 202 abuse, neglect, or exploitation of vulnerable adults. 203 5. Any offense that constitutes domestic violence, as 204 defined in s. 741.28. 205 6. Section 777.04, relating to attempts, solicitation, and 206 conspiracy to commit an offense listed in this paragraph. 207 7. Section 782.04, relating to murder. 208 8. Section 782.07, relating to manslaughter, aggravated 209 manslaughter of an elderly person or a disabled adult, 210 aggravated manslaughter of a child, or aggravated manslaughter 211 of an officer, a firefighter, an emergency medical technician, 212 or a paramedic. 213 9. Section 782.071, relating to vehicular homicide. 214 10. Section 782.09, relating to killing of an unborn child 215 by injury to the mother. 216 11. Chapter 784, relating to assault, battery, and culpable 217 negligence, if the offense is a felony. 218 12. Section 787.01, relating to kidnapping. 219 13. Section 787.02, relating to false imprisonment. 220 14. Section 787.025, relating to luring or enticing a 221 child. 222 15. Section 787.04(2), relating to leading, taking, 223 enticing, or removing a minor beyond the state limits, or 224 concealing the location of a minor, with criminal intent pending 225 custody proceedings. 226 16. Section 787.04(3), relating to leading, taking, 227 enticing, or removing a minor beyond the state limits, or 228 concealing the location of a minor, with criminal intent pending 229 dependency proceedings or proceedings concerning alleged abuse 230 or neglect of a minor. 231 17. Section 790.115(1), relating to exhibiting firearms or 232 weapons within 1,000 feet of a school. 233 18. Section 790.115(2)(b), relating to possessing an 234 electric weapon or device, a destructive device, or any other 235 weapon on school property. 236 19. Section 794.011, relating to sexual battery. 237 20. Former s. 794.041, relating to prohibited acts of 238 persons in familial or custodial authority. 239 21. Section 794.05, relating to unlawful sexual activity 240 with certain minors. 241 22. Section 794.08, relating to female genital mutilation. 242 23. Section 796.07, relating to procuring another to commit 243 prostitution, except for those offenses expunged pursuant to s. 244 943.0583. 245 24. Section 798.02, relating to lewd and lascivious 246 behavior. 247 25. Chapter 800, relating to lewdness and indecent 248 exposure. 249 26. Section 806.01, relating to arson. 250 27. Section 810.02, relating to burglary, if the offense is 251 a felony of the first degree. 252 28. Section 810.14, relating to voyeurism, if the offense 253 is a felony. 254 29. Section 810.145, relating to digitalvideovoyeurism, 255 if the offense is a felony. 256 30. Section 812.13, relating to robbery. 257 31. Section 812.131, relating to robbery by sudden 258 snatching. 259 32. Section 812.133, relating to carjacking. 260 33. Section 812.135, relating to home-invasion robbery. 261 34. Section 817.034, relating to communications fraud, if 262 the offense is a felony of the first degree. 263 35. Section 817.234, relating to false and fraudulent 264 insurance claims, if the offense is a felony of the first or 265 second degree. 266 36. Section 817.50, relating to fraudulently obtaining 267 goods or services from a health care provider and false reports 268 of a communicable disease. 269 37. Section 817.505, relating to patient brokering. 270 38. Section 817.568, relating to fraudulent use of personal 271 identification, if the offense is a felony of the first or 272 second degree. 273 39. Section 825.102, relating to abuse, aggravated abuse, 274 or neglect of an elderly person or a disabled adult. 275 40. Section 825.1025, relating to lewd or lascivious 276 offenses committed upon or in the presence of an elderly person 277 or a disabled person. 278 41. Section 825.103, relating to exploitation of an elderly 279 person or a disabled adult, if the offense is a felony. 280 42. Section 826.04, relating to incest. 281 43. Section 827.03, relating to child abuse, aggravated 282 child abuse, or neglect of a child. 283 44. Section 827.04, relating to contributing to the 284 delinquency or dependency of a child. 285 45. Former s. 827.05, relating to negligent treatment of 286 children. 287 46. Section 827.071, relating to sexual performance by a 288 child. 289 47. Section 831.30, relating to fraud in obtaining 290 medicinal drugs. 291 48. Section 831.31, relating to the sale, manufacture, 292 delivery, or possession with intent to sell, manufacture, or 293 deliver any counterfeit controlled substance, if the offense is 294 a felony. 295 49. Section 843.01, relating to resisting arrest with 296 violence. 297 50. Section 843.025, relating to interfering withdepriving298 a law enforcement, correctional, or correctional probation 299 officer’sofficer of themeans of protection or communication. 300 51. Section 843.12, relating to aiding in an escape. 301 52. Section 843.13, relating to aiding in the escape of 302 juvenile inmates of correctional institutions. 303 53. Chapter 847, relating to obscenity. 304 54. Section 874.05, relating to encouraging or recruiting 305 another to join a criminal gang. 306 55. Chapter 893, relating to drug abuse prevention and 307 control, if the offense is a felony of the second degree or 308 greater severity. 309 56. Section 895.03, relating to racketeering and collection 310 of unlawful debts. 311 57. Section 896.101, relating to the Florida Money 312 Laundering Act. 313 58. Section 916.1075, relating to sexual misconduct with 314 certain forensic clients and reporting of such sexual 315 misconduct. 316 59. Section 944.35(3), relating to inflicting cruel or 317 inhuman treatment on an inmate, resulting in great bodily harm. 318 60. Section 944.40, relating to escape. 319 61. Section 944.46, relating to harboring, concealing, or 320 aiding an escaped prisoner. 321 62. Section 944.47, relating to introduction of contraband 322 into a correctional institution. 323 63. Section 985.701, relating to sexual misconduct in 324 juvenile justice programs. 325 64. Section 985.711, relating to introduction of contraband 326 into a detention facility. 327 Section 4. Paragraph (xx) of subsection (2) of section 328 435.04, Florida Statutes, is amended to read: 329 435.04 Level 2 screening standards.— 330 (2) The security background investigations under this 331 section must ensure that persons subject to this section have 332 not been arrested for and are awaiting final disposition of; 333 have not been found guilty of, regardless of adjudication, or 334 entered a plea of nolo contendere or guilty to; or have not been 335 adjudicated delinquent and the record has not been sealed or 336 expunged for, any offense prohibited under any of the following 337 provisions of state law or similar law of another jurisdiction: 338 (xx) Section 843.025, relating to interfering with 339deprivinga law enforcement, correctional, or correctional 340 probation officer’sofficermeans of protection or 341 communication. 342 Section 5. Paragraph (d) of subsection (3) of section 343 921.0022, Florida Statutes, is amended to read: 344 921.0022 Criminal Punishment Code; offense severity ranking 345 chart.— 346 (3) OFFENSE SEVERITY RANKING CHART 347 (d) LEVEL 4 348 349 FloridaStatute FelonyDegree Description 350 316.1935(3)(a) 2nd 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. 351 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 352 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 353 517.07(1) 3rd Failure to register securities. 354 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 355 784.031 3rd Battery by strangulation. 356 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 357 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 358 784.075 3rd Battery on detention or commitment facility staff. 359 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 360 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 361 784.081(3) 3rd Battery on specified official or employee. 362 784.082(3) 3rd Battery by detained person on visitor or other detainee. 363 784.083(3) 3rd Battery on code inspector. 364 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 365 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 366 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 367 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 368 787.07 3rd Human smuggling. 369 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 370 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 371 790.115(2)(c) 3rd Possessing firearm on school property. 372 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 373 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 374 806.135 2nd Destroying or demolishing a memorial or historic property. 375 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 376 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 377 810.06 3rd Burglary; possession of tools. 378 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 379 810.145(3)(b) 3rd Digital voyeurism dissemination. 380 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 381 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items. 382 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 383 812.014(2)(e)3. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with two or more prior theft convictions. 384 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 385 817.505(4)(a) 3rd Patient brokering. 386 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 387 817.568(2)(a) 3rd Fraudulent use of personal identification information. 388 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 389 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 390 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 391 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 392 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 393 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 394 837.02(1) 3rd Perjury in official proceedings. 395 837.021(1) 3rd Make contradictory statements in official proceedings. 396 838.022 3rd Official misconduct. 397 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 398 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 399 843.021 3rd Possession of a concealed handcuff key by a person in custody. 400 843.025 3rd Interfering with aDeprivelaw enforcement, correctional, or correctional probation officer’sofficer ofmeans of protection or communication. 401 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 402 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 403 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 404 870.01(3) 2nd Aggravated rioting. 405 870.01(5) 2nd Aggravated inciting a riot. 406 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 407 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 408 914.14(2) 3rd Witnesses accepting bribes. 409 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 410 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 411 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 412 918.12 3rd Tampering with jurors. 413 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 414 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 415 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 416 Section 6. This act shall take effect October 1, 2025.