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’s Depriving officer of
   18  means of protection or communication.—
   19         (1) It is unlawful for any person to do any of the
   20  following to deprive a 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 commits is guilty
   33  of a 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 with depriving
  152  a law enforcement, correctional, or correctional probation
  153  officer’s officer of the means 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 digital video voyeurism,
  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 with depriving
  298  a law enforcement, correctional, or correctional probation
  299  officer’s officer of the means 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
  339  depriving a law enforcement, correctional, or correctional
  340  probation officer’s officer means 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 a Deprive law enforcement, correctional, or correctional probation officer’s officer of means 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.