Florida Senate - 2026 SB 890
By Senator Martin
33-00888-26 2026890__
1 A bill to be entitled
2 An act relating to battery by strangulation; amending
3 s. 784.041, F.S.; revising the elements of the offense
4 of domestic battery by strangulation; creating the
5 offense of battery by strangulation; providing
6 criminal penalties; deleting the definitions of the
7 terms “family or household member” and “dating
8 relationship”; making technical changes; amending ss.
9 921.0022 and 943.0584, F.S.; conforming provisions to
10 changes made by the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 784.041, Florida Statutes, is amended to
15 read:
16 784.041 Felony battery; domestic battery by strangulation.—
17 (1) A person commits felony battery if he or she:
18 (a) Actually and intentionally touches or strikes another
19 person against the will of the other; and
20 (b) Causes great bodily harm, permanent disability, or
21 permanent disfigurement.
22 (2)(a) A person commits domestic battery by strangulation
23 if the person knowingly and intentionally, against the will of
24 another, impedes the normal breathing or circulation of another
25 the blood of a family or household member or of a person with
26 whom he or she is in a dating relationship, so as to create a
27 risk of or cause great bodily harm by applying pressure on the
28 throat or neck of the other person or by blocking the nose or
29 mouth of the other person. This subsection paragraph does not
30 apply to any act of medical diagnosis, treatment, or
31 prescription which is authorized under the laws of this state.
32 (b) As used in this subsection, the term:
33 1. “Family or household member” has the same meaning as in
34 s. 741.28.
35 2. “Dating relationship” means a continuing and significant
36 relationship of a romantic or intimate nature.
37 (3) A person who violates this section commits felony
38 battery or domestic battery by strangulation commits a felony of
39 the third degree, punishable as provided in s. 775.082, s.
40 775.083, or s. 775.084.
41 Section 2. Paragraph (f) of subsection (3) of section
42 921.0022, Florida Statutes, is amended to read:
43 921.0022 Criminal Punishment Code; offense severity ranking
44 chart.—
45 (3) OFFENSE SEVERITY RANKING CHART
46 (f) LEVEL 6
47
48 FloridaStatute FelonyDegree Description
49 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
50 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
51 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
52 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene.
53 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
54 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
55 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
56 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
57 775.0875(1) 3rd Taking firearm from law enforcement officer.
58 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
59 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
60 784.041 3rd Felony battery; domestic battery by strangulation.
61 784.048(3) 3rd Aggravated stalking; credible threat.
62 784.048(5) 3rd Aggravated stalking of person under 16.
63 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
64 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
65 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
66 784.081(2) 2nd Aggravated assault on specified official or employee.
67 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
68 784.083(2) 2nd Aggravated assault on code inspector.
69 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
70 787.025(2)(a) 3rd Luring or enticing a child.
71 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
72 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
73 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
74 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
75 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
76 794.05(1) 2nd Unlawful sexual activity with specified minor.
77 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
78 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
79 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
80 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
81 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.
82 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
83 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
84 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
85 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
86 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
87 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
88 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.
89 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
90 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
91 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
92 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
93 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
94 825.102(1) 3rd Abuse of an elderly person or disabled adult.
95 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
96 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
97 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
98 827.03(2)(c) 3rd Abuse of a child.
99 827.03(2)(d) 3rd Neglect of a child.
100 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
101 828.126(3) 3rd Sexual activities involving animals.
102 836.05 2nd Threats; extortion.
103 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
104 843.12 3rd Aids or assists person to escape.
105 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
106 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
107 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
108 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
109 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
110 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
111 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
112 944.40 2nd Escapes.
113 944.46 3rd Harboring, concealing, aiding escaped prisoners.
114 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
115 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
116 Section 3. Subsection (2) of section 943.0584, Florida
117 Statutes, is amended to read:
118 943.0584 Criminal history records ineligible for court
119 ordered expunction or court-ordered sealing.—
120 (2) A criminal history record is ineligible for a
121 certificate of eligibility for expunction or a court-ordered
122 expunction pursuant to s. 943.0585 or a certificate of
123 eligibility for sealing or a court-ordered sealing pursuant to
124 s. 943.059 if the record is a conviction for any of the
125 following offenses:
126 (a) Sexual misconduct, as defined in s. 393.135, s.
127 394.4593, or s. 916.1075;
128 (b) Illegal use of explosives, as defined in chapter 552;
129 (c) Terrorism, as defined in s. 775.30;
130 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
131 782.09;
132 (e) Manslaughter or homicide, as defined in s. 782.07, s.
133 782.071, or s. 782.072;
134 (f) Assault or battery, as defined in ss. 784.011 and
135 784.03, respectively, of one family or household member by
136 another family or household member, as defined in s. 741.28(3);
137 (g) Aggravated assault, as defined in s. 784.021;
138 (h) Felony battery, domestic battery by strangulation, or
139 aggravated battery, as defined in ss. 784.03, 784.041, and
140 784.045, respectively;
141 (i) Stalking or aggravated stalking, as defined in s.
142 784.048;
143 (j) Luring or enticing a child, as defined in s. 787.025;
144 (k) Human trafficking, as defined in s. 787.06;
145 (l) Kidnapping or false imprisonment, as defined in s.
146 787.01 or s. 787.02;
147 (m) Any offense defined in chapter 794;
148 (n) Procuring a person less than 18 years of age for
149 prostitution, as defined in former s. 796.03;
150 (o) Lewd or lascivious offenses committed upon or in the
151 presence of persons less than 16 years of age, as defined in s.
152 800.04;
153 (p) Arson, as defined in s. 806.01;
154 (q) Burglary of a dwelling, as defined in s. 810.02;
155 (r) Voyeurism or digital voyeurism, as defined in ss.
156 810.14 and 810.145, respectively;
157 (s) Robbery or robbery by sudden snatching, as defined in
158 ss. 812.13 and 812.131, respectively;
159 (t) Carjacking, as defined in s. 812.133;
160 (u) Home-invasion robbery, as defined in s. 812.135;
161 (v) A violation of the Florida Communications Fraud Act, as
162 provided in s. 817.034;
163 (w) Abuse of an elderly person or disabled adult, or
164 aggravated abuse of an elderly person or disabled adult, as
165 defined in s. 825.102;
166 (x) Lewd or lascivious offenses committed upon or in the
167 presence of an elderly person or disabled person, as defined in
168 s. 825.1025;
169 (y) Child abuse or aggravated child abuse, as defined in s.
170 827.03;
171 (z) Sexual performance by a child, as defined in s.
172 827.071;
173 (aa) Any offense defined in chapter 839;
174 (bb) Certain acts in connection with obscenity, as defined
175 in s. 847.0133;
176 (cc) Any offense defined in s. 847.0135;
177 (dd) Selling or buying of minors, as defined in s.
178 847.0145;
179 (ee) Aircraft piracy, as defined in s. 860.16;
180 (ff) Manufacturing a controlled substance in violation of
181 chapter 893;
182 (gg) Drug trafficking, as defined in s. 893.135; or
183 (hh) Any violation specified as a predicate offense for
184 registration as a sexual predator pursuant to s. 775.21, or
185 sexual offender pursuant to s. 943.0435, without regard to
186 whether that offense alone is sufficient to require such
187 registration.
188 Section 4. This act shall take effect July 1, 2026.