Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1386
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2025 .
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The Appropriations Committee on Criminal and Civil Justice
(Yarborough) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 784.07, Florida
6 Statutes, is amended, and paragraph (h) is added to subsection
7 (1) of that section, to read:
8 784.07 Assault or battery of law enforcement officers and
9 other specified personnel; reclassification of offenses; minimum
10 sentences.—
11 (1) As used in this section, the term:
12 (h) “Utility worker” means a person who bears at least one
13 patch, emblem, organizational identification, or other clear
14 marking that is intended to be plainly visible, that identifies
15 the employing or contracting utility, and that clearly
16 identifies the person as a utility worker under contract with or
17 employed by an entity that owns, operates, leases, or controls a
18 plant, property, or facility for the generation, transmission,
19 distribution, or furnishing to or for the public, of
20 electricity, natural or manufactured gas or propane, water,
21 wastewater, telephone, or communications service, including two
22 or more utilities rendering joint service.
23 (2) Whenever any person is charged with knowingly
24 committing an assault or battery upon a law enforcement officer,
25 a firefighter, an emergency medical care provider, hospital
26 personnel, a railroad special officer, a traffic accident
27 investigation officer as described in s. 316.640, a nonsworn law
28 enforcement agency employee who is certified as an agency
29 inspector, a blood alcohol analyst, or a breath test operator
30 while such employee is in uniform and engaged in processing,
31 testing, evaluating, analyzing, or transporting a person who is
32 detained or under arrest for DUI, a law enforcement explorer, a
33 traffic infraction enforcement officer as described in s.
34 316.640, a parking enforcement specialist as defined in s.
35 316.640, a person licensed as a security officer as defined in
36 s. 493.6101 and wearing a uniform that bears at least one patch
37 or emblem that is visible at all times that clearly identifies
38 the employing agency and that clearly identifies the person as a
39 licensed security officer, or a security officer employed by the
40 board of trustees of a community college, or a utility worker
41 engaged in work on critical infrastructure as defined in s.
42 812.141(1), while the officer, firefighter, emergency medical
43 care provider, hospital personnel, railroad special officer,
44 traffic accident investigation officer, traffic infraction
45 enforcement officer, inspector, analyst, operator, law
46 enforcement explorer, parking enforcement specialist, public
47 transit employee or agent, or security officer, or utility
48 worker is engaged in the lawful performance of his or her
49 duties, the offense for which the person is charged shall be
50 reclassified as follows:
51 (a) In the case of assault, from a misdemeanor of the
52 second degree to a misdemeanor of the first degree.
53 (b) In the case of battery, from a misdemeanor of the first
54 degree to a felony of the third degree. Notwithstanding any
55 other provision of law, a person convicted of battery upon a law
56 enforcement officer committed in furtherance of a riot or an
57 aggravated riot prohibited under s. 870.01 shall be sentenced to
58 a minimum term of imprisonment of 6 months.
59 (c) In the case of aggravated assault, from a felony of the
60 third degree to a felony of the second degree. Notwithstanding
61 any other provision of law, any person convicted of aggravated
62 assault upon a law enforcement officer shall be sentenced to a
63 minimum term of imprisonment of 3 years.
64 (d) In the case of aggravated battery, from a felony of the
65 second degree to a felony of the first degree. Notwithstanding
66 any other provision of law, any person convicted of aggravated
67 battery of a law enforcement officer shall be sentenced to a
68 minimum term of imprisonment of 5 years.
69 Section 2. Subsection (15) of section 901.15, Florida
70 Statutes, is amended to read:
71 901.15 When arrest by officer without warrant is lawful.—A
72 law enforcement officer may arrest a person without a warrant
73 when:
74 (15) There is probable cause to believe that the person has
75 committed assault upon a law enforcement officer, a firefighter,
76 an emergency medical care provider, public transit employees or
77 agents, or other specified persons officers as provided set
78 forth in s. 784.07 or has committed assault or battery upon any
79 employee of a receiving facility as defined in s. 394.455 who is
80 engaged in the lawful performance of his or her duties.
81 Section 3. Paragraph (b) of subsection (3) of section
82 943.051, Florida Statutes, is amended to read:
83 943.051 Criminal justice information; collection and
84 storage; fingerprinting.—
85 (3)
86 (b) A minor who is charged with or found to have committed
87 the following offenses shall be fingerprinted and the
88 fingerprints shall be submitted electronically to the
89 department, unless the minor is issued a prearrest delinquency
90 citation pursuant to s. 985.12:
91 1. Assault, as defined in s. 784.011.
92 2. Battery, as defined in s. 784.03.
93 3. Carrying a concealed weapon, as defined in s. 790.01(2).
94 4. Unlawful use of destructive devices or bombs, as defined
95 in s. 790.1615(1).
96 5. Neglect of a child, as defined in s. 827.03(1)(e).
97 6. Assault or battery on a law enforcement officer, a
98 firefighter, or other specified persons officers, as provided
99 defined in s. 784.07 784.07(2)(a) and (b).
100 7. Open carrying of a weapon, as defined in s. 790.053.
101 8. Exposure of sexual organs, as defined in s. 800.03.
102 9. Unlawful possession of a firearm, as defined in s.
103 790.22(5).
104 10. Petit theft, as defined in s. 812.014(3).
105 11. Cruelty to animals, as defined in s. 828.12(1).
106 12. Arson, as defined in s. 806.031(1).
107 13. Unlawful possession or discharge of a weapon or firearm
108 at a school-sponsored event or on school property, as provided
109 in s. 790.115.
110 Section 4. Paragraph (b) of subsection (1) of section
111 985.11, Florida Statutes, is amended to read:
112 985.11 Fingerprinting and photographing.—
113 (1)
114 (b) Unless the child is issued a prearrest delinquency
115 citation pursuant to s. 985.12, a child who is charged with or
116 found to have committed one of the following offenses shall be
117 fingerprinted, and the fingerprints shall be submitted to the
118 Department of Law Enforcement as provided in s. 943.051(3)(b):
119 1. Assault, as defined in s. 784.011.
120 2. Battery, as defined in s. 784.03.
121 3. Carrying a concealed weapon, as defined in s. 790.01(2).
122 4. Unlawful use of destructive devices or bombs, as defined
123 in s. 790.1615(1).
124 5. Neglect of a child, as defined in s. 827.03(1)(e).
125 6. Assault on a law enforcement officer, a firefighter, or
126 other specified persons officers, as provided defined in s.
127 784.07 784.07(2)(a).
128 7. Open carrying of a weapon, as defined in s. 790.053.
129 8. Exposure of sexual organs, as defined in s. 800.03.
130 9. Unlawful possession of a firearm, as defined in s.
131 790.22(5).
132 10. Petit theft, as defined in s. 812.014.
133 11. Cruelty to animals, as defined in s. 828.12(1).
134 12. Arson, resulting in bodily harm to a firefighter, as
135 defined in s. 806.031(1).
136 13. Unlawful possession or discharge of a weapon or firearm
137 at a school-sponsored event or on school property as defined in
138 s. 790.115.
139
140 A law enforcement agency may fingerprint and photograph a child
141 taken into custody upon probable cause that such child has
142 committed any other violation of law, as the agency deems
143 appropriate. Such fingerprint records and photographs shall be
144 retained by the law enforcement agency in a separate file, and
145 these records and all copies thereof must be marked “Juvenile
146 Confidential.” These records are not available for public
147 disclosure and inspection under s. 119.07(1) except as provided
148 in ss. 943.053 and 985.04(2), but shall be available to other
149 law enforcement agencies, criminal justice agencies, state
150 attorneys, the courts, the child, the parents or legal
151 custodians of the child, their attorneys, and any other person
152 authorized by the court to have access to such records. In
153 addition, such records may be submitted to the Department of Law
154 Enforcement for inclusion in the state criminal history records
155 and used by criminal justice agencies for criminal justice
156 purposes. These records may, in the discretion of the court, be
157 open to inspection by anyone upon a showing of cause. The
158 fingerprint and photograph records shall be produced in the
159 court whenever directed by the court. Any photograph taken
160 pursuant to this section may be shown by a law enforcement
161 officer to any victim or witness of a crime for the purpose of
162 identifying the person who committed such crime.
163 Section 5. Paragraph (a) of subsection (3) of section
164 985.644, Florida Statutes, is amended to read:
165 985.644 Departmental contracting powers; personnel
166 standards and investigation.—
167 (3)(a) All employees of the department and all personnel of
168 contract providers for any program for children, including all
169 owners, operators, employees, persons who have access to
170 confidential juvenile records, and volunteers, must complete:
171 1. A level 2 employment screening pursuant to chapter 435
172 before employment. The security background investigation
173 conducted under this section must ensure that, in addition to
174 the disqualifying offenses listed in s. 435.04, no person
175 subject to the background screening provisions of this section
176 has an arrest awaiting final disposition for, been found guilty
177 of, regardless of adjudication, or entered a plea of nolo
178 contendere or guilty to, or been adjudicated delinquent and the
179 record has not been sealed or expunged for, any offense
180 prohibited under the following provisions of state law or
181 similar laws of another jurisdiction:
182 a. Section 784.07, relating to assault or battery of law
183 enforcement officers, firefighters, emergency medical care
184 providers, public transit employees or agents, or other
185 specified persons officers.
186 b. Section 817.568, relating to criminal use of personal
187 identification information.
188 2. A national criminal records check by the Federal Bureau
189 of Investigation every 5 years following the date of the
190 person’s employment.
191 Section 6. This act shall take effect October 1, 2025.
192
193 ================= T I T L E A M E N D M E N T ================
194 And the title is amended as follows:
195 Delete everything before the enacting clause
196 and insert:
197 A bill to be entitled
198 An act relating to assault or battery on a utility
199 worker; amending s. 784.07, F.S.; defining the term
200 “utility worker”; providing for reclassification of
201 certain offenses committed against a utility worker
202 engaged in work on critical infrastructure; amending
203 ss. 901.15, 943.051, 985.11, and 985.644, F.S.;
204 conforming provisions to changes made by the act;
205 providing an effective date.