Florida Senate - 2025 CS for CS for SB 1386
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Criminal Justice; and Senator Yarborough
604-03479-25 20251386c2
1 A bill to be entitled
2 An act relating to assault or battery on a utility
3 worker; amending s. 784.07, F.S.; defining the term
4 “utility worker”; providing for reclassification of
5 certain offenses committed against a utility worker
6 engaged in work on critical infrastructure; amending
7 ss. 901.15, 943.051, 985.11, and 985.644, F.S.;
8 conforming provisions to changes made by the act;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (2) of section 784.07, Florida
14 Statutes, is amended, and paragraph (h) is added to subsection
15 (1) of that section, to read:
16 784.07 Assault or battery of law enforcement officers and
17 other specified personnel; reclassification of offenses; minimum
18 sentences.—
19 (1) As used in this section, the term:
20 (h) “Utility worker” means a person who bears at least one
21 patch, emblem, organizational identification, or other clear
22 marking that is intended to be plainly visible, that identifies
23 the employing or contracting utility, and that clearly
24 identifies the person as a utility worker under contract with or
25 employed by an entity that owns, operates, leases, or controls a
26 plant, property, or facility for the generation, transmission,
27 distribution, or furnishing to or for the public, of
28 electricity, natural or manufactured gas or propane, water,
29 wastewater, telephone, or communications service, including two
30 or more utilities rendering joint service.
31 (2) Whenever any person is charged with knowingly
32 committing an assault or battery upon a law enforcement officer,
33 a firefighter, an emergency medical care provider, hospital
34 personnel, a railroad special officer, a traffic accident
35 investigation officer as described in s. 316.640, a nonsworn law
36 enforcement agency employee who is certified as an agency
37 inspector, a blood alcohol analyst, or a breath test operator
38 while such employee is in uniform and engaged in processing,
39 testing, evaluating, analyzing, or transporting a person who is
40 detained or under arrest for DUI, a law enforcement explorer, a
41 traffic infraction enforcement officer as described in s.
42 316.640, a parking enforcement specialist as defined in s.
43 316.640, a person licensed as a security officer as defined in
44 s. 493.6101 and wearing a uniform that bears at least one patch
45 or emblem that is visible at all times that clearly identifies
46 the employing agency and that clearly identifies the person as a
47 licensed security officer, or a security officer employed by the
48 board of trustees of a community college, or a utility worker
49 engaged in work on critical infrastructure as defined in s.
50 812.141(1), while the officer, firefighter, emergency medical
51 care provider, hospital personnel, railroad special officer,
52 traffic accident investigation officer, traffic infraction
53 enforcement officer, inspector, analyst, operator, law
54 enforcement explorer, parking enforcement specialist, public
55 transit employee or agent, or security officer, or utility
56 worker is engaged in the lawful performance of his or her
57 duties, the offense for which the person is charged shall be
58 reclassified as follows:
59 (a) In the case of assault, from a misdemeanor of the
60 second degree to a misdemeanor of the first degree.
61 (b) In the case of battery, from a misdemeanor of the first
62 degree to a felony of the third degree. Notwithstanding any
63 other provision of law, a person convicted of battery upon a law
64 enforcement officer committed in furtherance of a riot or an
65 aggravated riot prohibited under s. 870.01 shall be sentenced to
66 a minimum term of imprisonment of 6 months.
67 (c) In the case of aggravated assault, from a felony of the
68 third degree to a felony of the second degree. Notwithstanding
69 any other provision of law, any person convicted of aggravated
70 assault upon a law enforcement officer shall be sentenced to a
71 minimum term of imprisonment of 3 years.
72 (d) In the case of aggravated battery, from a felony of the
73 second degree to a felony of the first degree. Notwithstanding
74 any other provision of law, any person convicted of aggravated
75 battery of a law enforcement officer shall be sentenced to a
76 minimum term of imprisonment of 5 years.
77 Section 2. Subsection (15) of section 901.15, Florida
78 Statutes, is amended to read:
79 901.15 When arrest by officer without warrant is lawful.—A
80 law enforcement officer may arrest a person without a warrant
81 when:
82 (15) There is probable cause to believe that the person has
83 committed assault upon a law enforcement officer, a firefighter,
84 an emergency medical care provider, public transit employees or
85 agents, or other specified persons officers as provided set
86 forth in s. 784.07 or has committed assault or battery upon any
87 employee of a receiving facility as defined in s. 394.455 who is
88 engaged in the lawful performance of his or her duties.
89 Section 3. Paragraph (b) of subsection (3) of section
90 943.051, Florida Statutes, is amended to read:
91 943.051 Criminal justice information; collection and
92 storage; fingerprinting.—
93 (3)
94 (b) A minor who is charged with or found to have committed
95 the following offenses shall be fingerprinted and the
96 fingerprints shall be submitted electronically to the
97 department, unless the minor is issued a prearrest delinquency
98 citation pursuant to s. 985.12:
99 1. Assault, as defined in s. 784.011.
100 2. Battery, as defined in s. 784.03.
101 3. Carrying a concealed weapon, as defined in s. 790.01(2).
102 4. Unlawful use of destructive devices or bombs, as defined
103 in s. 790.1615(1).
104 5. Neglect of a child, as defined in s. 827.03(1)(e).
105 6. Assault or battery on a law enforcement officer, a
106 firefighter, or other specified persons officers, as provided
107 defined in s. 784.07 784.07(2)(a) and (b).
108 7. Open carrying of a weapon, as defined in s. 790.053.
109 8. Exposure of sexual organs, as defined in s. 800.03.
110 9. Unlawful possession of a firearm, as defined in s.
111 790.22(5).
112 10. Petit theft, as defined in s. 812.014(3).
113 11. Cruelty to animals, as defined in s. 828.12(1).
114 12. Arson, as defined in s. 806.031(1).
115 13. Unlawful possession or discharge of a weapon or firearm
116 at a school-sponsored event or on school property, as provided
117 in s. 790.115.
118 Section 4. Paragraph (b) of subsection (1) of section
119 985.11, Florida Statutes, is amended to read:
120 985.11 Fingerprinting and photographing.—
121 (1)
122 (b) Unless the child is issued a prearrest delinquency
123 citation pursuant to s. 985.12, a child who is charged with or
124 found to have committed one of the following offenses shall be
125 fingerprinted, and the fingerprints shall be submitted to the
126 Department of Law Enforcement as provided in s. 943.051(3)(b):
127 1. Assault, as defined in s. 784.011.
128 2. Battery, as defined in s. 784.03.
129 3. Carrying a concealed weapon, as defined in s. 790.01(2).
130 4. Unlawful use of destructive devices or bombs, as defined
131 in s. 790.1615(1).
132 5. Neglect of a child, as defined in s. 827.03(1)(e).
133 6. Assault on a law enforcement officer, a firefighter, or
134 other specified persons officers, as provided defined in s.
135 784.07 784.07(2)(a).
136 7. Open carrying of a weapon, as defined in s. 790.053.
137 8. Exposure of sexual organs, as defined in s. 800.03.
138 9. Unlawful possession of a firearm, as defined in s.
139 790.22(5).
140 10. Petit theft, as defined in s. 812.014.
141 11. Cruelty to animals, as defined in s. 828.12(1).
142 12. Arson, resulting in bodily harm to a firefighter, as
143 defined in s. 806.031(1).
144 13. Unlawful possession or discharge of a weapon or firearm
145 at a school-sponsored event or on school property as defined in
146 s. 790.115.
147
148 A law enforcement agency may fingerprint and photograph a child
149 taken into custody upon probable cause that such child has
150 committed any other violation of law, as the agency deems
151 appropriate. Such fingerprint records and photographs shall be
152 retained by the law enforcement agency in a separate file, and
153 these records and all copies thereof must be marked “Juvenile
154 Confidential.” These records are not available for public
155 disclosure and inspection under s. 119.07(1) except as provided
156 in ss. 943.053 and 985.04(2), but shall be available to other
157 law enforcement agencies, criminal justice agencies, state
158 attorneys, the courts, the child, the parents or legal
159 custodians of the child, their attorneys, and any other person
160 authorized by the court to have access to such records. In
161 addition, such records may be submitted to the Department of Law
162 Enforcement for inclusion in the state criminal history records
163 and used by criminal justice agencies for criminal justice
164 purposes. These records may, in the discretion of the court, be
165 open to inspection by anyone upon a showing of cause. The
166 fingerprint and photograph records shall be produced in the
167 court whenever directed by the court. Any photograph taken
168 pursuant to this section may be shown by a law enforcement
169 officer to any victim or witness of a crime for the purpose of
170 identifying the person who committed such crime.
171 Section 5. Paragraph (a) of subsection (3) of section
172 985.644, Florida Statutes, is amended to read:
173 985.644 Departmental contracting powers; personnel
174 standards and investigation.—
175 (3)(a) All employees of the department and all personnel of
176 contract providers for any program for children, including all
177 owners, operators, employees, persons who have access to
178 confidential juvenile records, and volunteers, must complete:
179 1. A level 2 employment screening pursuant to chapter 435
180 before employment. The security background investigation
181 conducted under this section must ensure that, in addition to
182 the disqualifying offenses listed in s. 435.04, no person
183 subject to the background screening provisions of this section
184 has an arrest awaiting final disposition for, been found guilty
185 of, regardless of adjudication, or entered a plea of nolo
186 contendere or guilty to, or been adjudicated delinquent and the
187 record has not been sealed or expunged for, any offense
188 prohibited under the following provisions of state law or
189 similar laws of another jurisdiction:
190 a. Section 784.07, relating to assault or battery of law
191 enforcement officers, firefighters, emergency medical care
192 providers, public transit employees or agents, or other
193 specified persons officers.
194 b. Section 817.568, relating to criminal use of personal
195 identification information.
196 2. A national criminal records check by the Federal Bureau
197 of Investigation every 5 years following the date of the
198 person’s employment.
199 Section 6. This act shall take effect October 1, 2025.