Florida Senate - 2025 SENATOR AMENDMENT
Bill No. SB 234
Ì777304#Î777304
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/3R .
04/03/2025 09:14 AM .
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Senator Leek moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 31 - 145
4 and insert:
5 official duties as described in s. 943.10(1) who is engaged in
6 the execution of a legal duty, if the law enforcement officer
7 was acting in good faith and he or she is known, or reasonably
8 appears, to be a law enforcement officer. As used in this
9 section, the term “acting in good faith” means to make sincere
10 and reasonable efforts to comply with legal requirements, even
11 if the arrest, detention, or other act is later found to have
12 been unlawful.
13 (2) A law enforcement officer, or any person whom the
14 officer has summoned or directed to assist him or her, is not
15 justified in the use of force if the arrest or execution of a
16 legal duty is unlawful and known by him or her to be unlawful.
17 Section 3. Section 782.065, Florida Statutes, is amended to
18 read:
19 782.065 Murder; law enforcement officer, correctional
20 officer, correctional probation officer.—Notwithstanding ss.
21 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
22 must shall be sentenced to life imprisonment without eligibility
23 for release upon findings by the trier of fact that, beyond a
24 reasonable doubt:
25 (1) The defendant committed murder in the first degree in
26 violation of s. 782.04(1) and a death sentence was not imposed;
27 murder in the second or third degree in violation of s.
28 782.04(2), (3), or (4); attempted murder in the first or second
29 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
30 felony murder in violation of s. 782.051; or manslaughter in
31 violation of s. 782.07(1); and
32 (2) The victim of any offense described in subsection (1)
33 was a law enforcement officer, part-time law enforcement
34 officer, auxiliary law enforcement officer, correctional
35 officer, part-time correctional officer, auxiliary correctional
36 officer, correctional probation officer, part-time correctional
37 probation officer, or auxiliary correctional probation officer,
38 as those terms are defined in s. 943.10, who was acting in the
39 performance of his or her official duties as described in s.
40 943.10 engaged in the lawful performance of a legal duty.
41 Section 4. Paragraph (e) of subsection (1) and subsection
42 (2) of section 784.07, Florida Statutes, are amended to read:
43 784.07 Assault or battery of law enforcement officers and
44 other specified personnel; reclassification of offenses; minimum
45 sentences.—
46 (1) As used in this section, the term:
47 (e) “Law enforcement officer” includes a law enforcement
48 officer, a correctional officer, a correctional probation
49 officer, a part-time law enforcement officer, a part-time
50 correctional officer, an auxiliary law enforcement officer, and
51 an auxiliary correctional officer, as those terms are
52 respectively defined in s. 943.10, and any county probation
53 officer; an employee or agent of the Department of Corrections
54 who supervises or provides services to inmates; an officer of
55 the Florida Commission on Offender Review; a federal law
56 enforcement officer as defined in s. 901.1505; and law
57 enforcement personnel of the Fish and Wildlife Conservation
58 Commission, the Department of Environmental Protection, or the
59 Department of Law Enforcement. The duties and responsibilities
60 of these respective positions are described in s. 943.10.
61 (2) Whenever any person is charged with knowingly
62 committing an assault or battery upon a law enforcement officer,
63 a firefighter, an emergency medical care provider, hospital
64 personnel, a railroad special officer, a traffic accident
65 investigation officer as described in s. 316.640, a nonsworn law
66 enforcement agency employee who is certified as an agency
67 inspector, a blood alcohol analyst, or a breath test operator
68 while such employee is in uniform and engaged in processing,
69 testing, evaluating, analyzing, or transporting a person who is
70 detained or under arrest for DUI, a law enforcement explorer, a
71 traffic infraction enforcement officer as described in s.
72 316.640, a parking enforcement specialist as defined in s.
73 316.640, a person licensed as a security officer as defined in
74 s. 493.6101 and wearing a uniform that bears at least one patch
75 or emblem that is visible at all times that clearly identifies
76 the employing agency and that clearly identifies the person as a
77 licensed security officer, or a security officer employed by the
78 board of trustees of a community college, while the officer,
79 firefighter, emergency medical care provider, hospital
80 personnel, railroad special officer, traffic accident
81 investigation officer, traffic infraction enforcement officer,
82 inspector, analyst, operator, law enforcement explorer, parking
83 enforcement specialist, public transit employee or agent, or
84 security officer who is acting in the performance of his or her
85 official duties is engaged in the lawful performance of his or
86 her duties, the offense for which the person is charged shall be
87 reclassified as follows:
88 (a) In the case of assault, from a misdemeanor of the
89 second degree to a misdemeanor of the first degree.
90 (b) In the case of battery, from a misdemeanor of the first
91 degree to a felony of the third degree. Notwithstanding any
92 other provision of law, a person convicted of battery upon a law
93 enforcement officer committed in furtherance of a riot or an
94 aggravated riot prohibited under s. 870.01 shall be sentenced to
95 a minimum term of imprisonment of 6 months.
96 (c) In the case of aggravated assault, from a felony of the
97 third degree to a felony of the second degree. Notwithstanding
98 any other provision of law, any person convicted of aggravated
99 assault upon a law enforcement officer shall be sentenced to a
100 minimum term of imprisonment of 3 years.
101 (d) In the case of aggravated battery, from a felony of the
102 second degree to a felony of the first degree. Notwithstanding
103 any other provision of law, any person convicted of aggravated
104 battery of a law enforcement officer shall be sentenced to a
105 minimum term of imprisonment of 5 years.
106 Section 5. Subsection (1) of section 843.01, Florida
107 Statutes, is amended to read:
108 843.01 Resisting, obstructing, or opposing by offering or
109 doing violence to legally authorized person, police canine, or
110 police horse.—
111 (1) Whoever knowingly and willfully resists, obstructs, or
112 opposes any officer as defined in s. 943.10(1), (2), (3), (6),
113 (7), (8), or (9); member of the Florida Commission on Offender
114 Review or any administrative aide or supervisor employed by the
115 commission; parole and probation supervisor; county probation
116 officer; personnel or representative of the Department of Law
117 Enforcement; or other person legally authorized to execute
118 process in the execution of legal process or acting in the
119 performance of his or her official duties as described in s.
120 943.10 in the lawful execution of any legal duty, by offering or
121 doing violence to the person of such officer or legally
122 authorized person, commits a felony of the third degree,
123 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
124 Section 6. Paragraphs (d) and (e) of subsection (3) of
125 section 921.0022, Florida Statutes, are amended to read:
126 921.0022 Criminal Punishment Code; offense severity ranking
127 chart.—
128 (3) OFFENSE SEVERITY RANKING CHART
129 (d) LEVEL 4
130
131 FloridaStatute FelonyDegree Description
132 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
133 316.1935(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.
134 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
135 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
136 517.07(1) 3rd Failure to register securities.
137 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
138 784.031 3rd Battery by strangulation.
139 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
140 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
141 784.075 3rd Battery on detention or commitment facility staff.
142 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
143 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
144 784.081(3) 3rd Battery on specified official or employee.
145 784.082(3) 3rd Battery by detained person on visitor or other detainee.
146 784.083(3) 3rd Battery on code inspector.
147 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
148 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
149 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
150 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
151 787.07 3rd Human smuggling.
152 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
153 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
154 790.115(2)(c) 3rd Possessing firearm on school property.
155 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
156 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
157 806.135 2nd Destroying or demolishing a memorial or historic property.
158 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
159 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
160 810.06 3rd Burglary; possession of tools.
161 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
162 810.145(3)(b) 3rd Digital voyeurism dissemination.
163 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
164 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
165 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
166 812.014(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.
167 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
168 817.505(4)(a) 3rd Patient brokering.
169 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
170 817.568(2)(a) 3rd Fraudulent use of personal identification information.
171 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
172 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
173 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
174 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
175 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
176 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
177 837.02(1) 3rd Perjury in official proceedings.
178 837.021(1) 3rd Make contradictory statements in official proceedings.
179 838.022 3rd Official misconduct.
180 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
181 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
182 843.021 3rd Possession of a concealed handcuff key by a person in custody.
183 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
184 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
185 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
186 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
187 870.01(3) 2nd Aggravated rioting.
188 870.01(5) 2nd Aggravated inciting a riot.
189 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
190 893.13(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).
191 914.14(2) 3rd Witnesses accepting bribes.
192 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
193 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
194 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
195 918.12 3rd Tampering with jurors.
196 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
197 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
198 951.22(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.
199
200 (e) LEVEL 5
201
202 FloridaStatute FelonyDegree Description
203 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
204 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
205 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
206 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
207 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
208 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
209 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
210 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
211 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
212 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
213 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
214 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
215 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
216 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
217 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
218 790.01(3) 3rd Unlawful carrying of a concealed firearm.
219 790.162 2nd Threat to throw or discharge destructive device.
220 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
221 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
222 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
223 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
224 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
225 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
226 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
227 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
228 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
229 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
230 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
231 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
232 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
233 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
234 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
235 812.019(1) 2nd Stolen property; dealing in or trafficking in.
236 812.081(3) 2nd Trafficking in trade secrets.
237 812.131(2)(b) 3rd Robbery by sudden snatching.
238 812.16(2) 3rd Owning, operating, or conducting a chop shop.
239 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
240 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
241 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
242 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
243 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
244 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
245 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
246 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
247 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
248 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
249 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
250 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
251 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
252 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
253 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
254 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
255 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
256 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
257 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
258 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
259 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
260 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
261 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
262
263
264 ================= T I T L E A M E N D M E N T ================
265 And the title is amended as follows:
266 Delete lines 6 - 15
267 and insert:
268 resist arrest or detention; defining the term “acting
269 in good faith”; amending s. 782.065, F.S.; providing
270 for enhanced punishment for manslaughter when
271 committed against specified officers; revising
272 applicability; amending s. 784.07, F.S.; revising the
273 definition of the term “law enforcement officer”;
274 revising provisions concerning assault or battery upon
275 specified officers and other personnel; amending s.
276 843.01, F.S.; revising a provision concerning
277 resisting, obstructing, or opposing specified officers
278 or legally authorized persons; amending s. 921.0022,
279 F.S.; increasing the level on the offense severity
280 ranking chart for committing battery on law
281 enforcement officers and other specified personnel;
282 providing an effective