Florida 2025 2025 Regular Session

Florida House Bill H0857 Introduced / Bill

Filed 02/20/2025

                       
 
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A bill to be entitled 1 
An act relating to assault or battery on a utility 2 
worker; amending s. 784.07 , F.S.; defining the term 3 
"utility worker"; providing for reclassification of 4 
certain offenses committed against a utility worker; 5 
amending ss. 901.15, 921.0022, 943.051, 985.11, and 6 
985.644, F.S.; conforming provisions to changes made 7 
by the act; providin g an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Subsection (2) of section 784.07, Florida 12 
Statutes, is amended, and paragraph (h) is added to subsection 13 
(1) of that section, to read: 14 
 784.07  Assault or b attery of law enforcement officers and 15 
other specified personnel; reclassification of offenses; minimum 16 
sentences.— 17 
 (1)  As used in this section, the term: 18 
 (h)  "Utility worker" means a person who bears at least one 19 
patch, emblem, organizational identifi cation, or other clear 20 
marking intended to be plainly visible and that identifies the 21 
employing or contracting utility and that clearly identifies the 22 
person as a utility worker under contract with or employed by an 23 
entity that owns, operates, leases, or c ontrols a plant, 24 
property, or facility for the generation, transmission, 25     
 
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distribution of, or furnishing to or for the public of 26 
electricity, natural or manufactured gas, water, wastewater, 27 
telephone, or communications service, including two or more 28 
utilities rendering joint service. 29 
 (2)  Whenever any person is charged with knowingly 30 
committing an assault or battery upon a law enforcement officer, 31 
a firefighter, an emergency medical care provider, hospital 32 
personnel, a railroad special officer, a traffic ac cident 33 
investigation officer as described in s. 316.640, a nonsworn law 34 
enforcement agency employee who is certified as an agency 35 
inspector, a blood alcohol analyst, or a breath test operator 36 
while such employee is in uniform and engaged in processing, 37 
testing, evaluating, analyzing, or transporting a person who is 38 
detained or under arrest for DUI, a law enforcement explorer, a 39 
traffic infraction enforcement officer as described in s. 40 
316.640, a parking enforcement specialist as defined in s. 41 
316.640, a person licensed as a security officer as defined in 42 
s. 493.6101 and wearing a uniform that bears at least one patch 43 
or emblem that is visible at all times that clearly identifies 44 
the employing agency and that clearly identifies the person as a 45 
licensed security officer, or a security officer employed by the 46 
board of trustees of a community college, or a utility worker 47 
while the officer, firefighter, emergency medical care provider, 48 
hospital personnel, railroad special officer, traffic accident 49 
investigation officer, traffic infraction enforcement officer, 50     
 
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inspector, analyst, operator, law enforcement explorer, parking 51 
enforcement specialist, public transit employee or agent, or 52 
security officer, or utility worker is engaged in the lawful 53 
performance of his or h er duties, the offense for which the 54 
person is charged shall be reclassified as follows: 55 
 (a)  In the case of assault, from a misdemeanor of the 56 
second degree to a misdemeanor of the first degree. 57 
 (b)  In the case of battery, from a misdemeanor of the 58 
first degree to a felony of the third degree. Notwithstanding 59 
any other provision of law, a person convicted of battery upon a 60 
law enforcement officer committed in furtherance of a riot or an 61 
aggravated riot prohibited under s. 870.01 shall be sentenced to 62 
a minimum term of imprisonment of 6 months. 63 
 (c)  In the case of aggravated assault, from a felony of 64 
the third degree to a felony of the second degree. 65 
Notwithstanding any other provision of law, any person convicted 66 
of aggravated assault upon a law enforce ment officer shall be 67 
sentenced to a minimum term of imprisonment of 3 years. 68 
 (d)  In the case of aggravated battery, from a felony of 69 
the second degree to a felony of the first degree. 70 
Notwithstanding any other provision of law, any person convicted 71 
of aggravated battery of a law enforcement officer shall be 72 
sentenced to a minimum term of imprisonment of 5 years. 73 
 Section 2.  Subsection (15) of section 901.15, Florida 74 
Statutes, is amended to read: 75     
 
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 901.15  When arrest by officer without warrant is lawfu l.—A 76 
law enforcement officer may arrest a person without a warrant 77 
when: 78 
 (15)  There is probable cause to believe that the person 79 
has committed assault upon a law enforcement officer, a 80 
firefighter, an emergency medical care provider, public transit 81 
employees or agents, or other specified persons officers as set 82 
forth in s. 784.07 or has committed assault or battery upon any 83 
employee of a receiving facility as defined in s. 394.455 who is 84 
engaged in the lawful performance of his or her duties. 85 
 Section 3.  Paragraphs (d), (f), and (g) of subsection (3) 86 
of section 921.0022, Florida Statutes, are amended to read: 87 
 921.0022  Criminal Punishment Code; offense severity 88 
ranking chart.— 89 
 (3)  OFFENSE SEVERITY RANKING CHART 90 
 (d)  LEVEL 4 91 
 92 
Florida 
Statute 
Felony 
Degree 	Description 
 93 
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     
 
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siren and lights activated. 
 94 
499.0051(1) 3rd Failure to maintain or deliver 
transaction history, 
transaction information, or 
transaction statements. 
 95 
499.0051(5) 2nd Knowing sale or delivery, or 
possession with intent to sell, 
contraband prescription drugs. 
 96 
517.07(1) 3rd Failure to register securities. 
 97 
517.12(1) 3rd Failure of dealer or associated 
person of a dealer of 
securities to register. 
 98 
784.031 	3rd Battery by strangulation. 
 99 
784.07(2)(b) 3rd Battery of law enforcement 
officer, utility worker, 
firefighter, etc. 
 100 
784.074(1)(c) 3rd Battery of sexually violent 
predators facility staff.     
 
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 101 
784.075 	3rd Battery on detention or 
commitment facility staff. 
 102 
784.078 	3rd Battery of facility employee by 
throwing, tossing, or expelling 
certain fluids or materials. 
 103 
784.08(2)(c) 3rd Battery on a person 65 years of 
age or older. 
 104 
784.081(3) 3rd Battery on specified official 
or employee. 
 105 
784.082(3) 3rd Battery by detained person on 
visitor or other detainee. 
 106 
784.083(3) 3rd Battery on code inspector. 
 107 
784.085 	3rd Battery of child by throwing, 
tossing, projecting, or 
expelling certain fluids or 
materials. 
 108 
787.03(1) 3rd Interference with custody;     
 
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wrongly takes minor from 
appointed guardian. 
 109 
787.04(2) 3rd Take, entice, or remove child 
beyond state limits with 
criminal intent pending custody 
proceedings. 
 110 
787.04(3) 3rd Carrying child beyond state 
lines with criminal intent to 
avoid producing child at 
custody hearing or delivering 
to designated person. 
 111 
787.07 	3rd Human smuggling. 
 112 
790.115(1) 3rd Exhibiting firearm or weapon 
within 1,000 feet of a school. 
 113 
790.115(2)(b) 3rd Possessing electric weapon or 
device, destructive device, or 
other weapon on school 
property. 
 114 
790.115(2)(c) 3rd Possessing firearm on school     
 
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property. 
 115 
794.051(1) 3rd Indecent, lewd, or lascivious 
touching of certain minors. 
 116 
800.04(7)(c) 3rd Lewd or lascivious exhibition; 
offender less than 18 years. 
 117 
806.135 	2nd Destroying or demolishing a 
memorial or historic property. 
 118 
810.02(4)(a) 3rd Burglary, or attempted 
burglary, of an unoccupied 
structure; unarmed; no assault 
or battery. 
 119 
810.02(4)(b) 3rd Burglary, or attempted 
burglary, of an unoccupied 
conveyance; unarmed; no assault 
or battery. 
 120 
810.06 	3rd Burglary; possession of tools. 
 121 
810.08(2)(c) 3rd Trespass on property, armed 
with firearm or dangerous     
 
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weapon. 
 122 
810.145(3)(b) 3rd Digital voyeurism 
dissemination. 
 123 
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 
or more but less than $20,000. 
 124 
812.014 
  (2)(c)4. & 
  6.-10. 
3rd Grand theft, 3rd degree; 
specified items. 
 125 
812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 
or more taken from dwelling or 
its unenclosed curtilage. 
 126 
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. 
 127 
812.0195(2) 3rd Dealing in stolen property by 
use of the Internet; property 
stolen $300 or more.     
 
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 128 
817.505(4)(a) 3rd Patient brokering. 
 129 
817.563(1) 3rd Sell or deliver substance other 
than controlled substance 
agreed upon, excluding s. 
893.03(5) drugs. 
 130 
817.568(2)(a) 3rd Fraudulent use of personal 
identification information. 
 131 
817.5695(3)(c) 3rd Exploitation of person 65 years 
of age or older, value less 
than $10,000. 
 132 
817.625(2)(a) 3rd Fraudulent use of scanning 
device, skimming device, or 
reencoder. 
 133 
817.625(2)(c) 3rd Possess, sell, or deliver 
skimming device. 
 134 
828.125(1) 2nd Kill, maim, or cause great 
bodily harm or permanent 
breeding disability to any     
 
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registered horse or cattle. 
 135 
836.14(2) 3rd Person who commits theft of a 
sexually explicit image with 
intent to promote it. 
 136 
836.14(3) 3rd Person who willfully possesses 
a sexually explicit image with 
certain knowledge, intent, and 
purpose. 
 137 
837.02(1) 3rd Perjury in official 
proceedings. 
 138 
837.021(1) 3rd Make contradictory statements 
in official proceedings. 
 139 
838.022 	3rd Official misconduct. 
 140 
839.13(2)(a) 3rd Falsifying records of an 
individual in the care and 
custody of a state agency. 
 141 
839.13(2)(c) 3rd Falsifying records of the 
Department of Children and     
 
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Families. 
 142 
843.021 	3rd Possession of a concealed 
handcuff key by a person in 
custody. 
 143 
843.025 	3rd Deprive law enforcement, 
correctional, or correctional 
probation officer of means of 
protection or communication. 
 144 
843.15(1)(a) 3rd Failure to appear while on bail 
for felony (bond estreature or 
bond jumping). 
 145 
843.19(2) 2nd Injure, disable, or kill 
police, fire, or SAR canine or 
police horse. 
 146 
847.0135(5)(c) 3rd Lewd or lascivious exhibition 
using computer; offender less 
than 18 years. 
 147 
870.01(3) 2nd Aggravated rioting. 
 148     
 
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870.01(5) 2nd Aggravated inciting a riot. 
 149 
874.05(1)(a) 3rd Encouraging or recruiting 
another to join a criminal 
gang. 
 150 
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). 
 151 
914.14(2) 3rd Witnesses accepting bribes. 
 152 
914.22(1) 3rd Force, threaten, etc., witness, 
victim, or informant. 
 153 
914.23(2) 3rd Retaliation against a witness, 
victim, or informant, no bodily 
injury. 
 154 
916.1085 
  (2)(c)1. 
3rd Introduction of specified 
contraband into certain DCF 
facilities. 
 155 
918.12 	3rd Tampering with jurors.     
 
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 156 
934.215 	3rd Use of two-way communications 
device to facilitate commission 
of a crime. 
 157 
944.47(1)(a)6. 3rd Introduction of contraband 
(cellular telephone or other 
portable communication device) 
into correctional institut ion. 
 158 
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. 
 159 
 (f)  LEVEL 6 160 
 161 
Florida 
Statute 
Felony 
Degree 	Description 
 162 
316.027(2)(b) 2nd Leaving the scene of a crash 
involving serious bodily 
injury.     
 
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 163 
316.193(2)(b) 3rd Felony DUI, 4th or subsequent 
conviction. 
 164 
400.9935(4)(c) 2nd Operating a clinic, or offering 
services requiring licensure, 
without a license. 
 165 
499.0051(2) 2nd Knowing forgery of transaction 
history, transaction 
information, or transaction 
statement. 
 166 
499.0051(3) 2nd Knowing purchase or receipt of 
prescription drug from 
unauthorized person. 
 167 
499.0051(4) 2nd Knowing sale or transfer of 
prescription drug to 
unauthorized person. 
 168 
775.0875(1) 3rd Taking firearm from law 
enforcement officer. 
 169 
784.021(1)(a) 3rd Aggravated assault; deadly     
 
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weapon without intent to kill. 
 170 
784.021(1)(b) 3rd Aggravated assault; intent to 
commit felony. 
 171 
784.041 	3rd Felony battery; domestic 
battery by strangulation. 
 172 
784.048(3) 3rd Aggravated stalking; credible 
threat. 
 173 
784.048(5) 3rd Aggravated stalking of person 
under 16. 
 174 
784.07(2)(c) 2nd Aggravated assault on law 
enforcement officer, utility 
worker, firefighter, etc. 
 175 
784.074(1)(b) 2nd Aggravated assault on sexually 
violent predators facility 
staff. 
 176 
784.08(2)(b) 2nd Aggravated assault on a person 
65 years of age or older. 
 177     
 
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784.081(2) 2nd Aggravated assault on specified 
official or employee. 
 178 
784.082(2) 2nd Aggravated assault by detained 
person on visitor or other 
detainee. 
 179 
784.083(2) 2nd Aggravated assault on code 
inspector. 
 180 
787.02(2) 3rd False imprisonment; restraining 
with purpose other than those 
in s. 787.01. 
 181 
790.115(2)(d) 2nd Discharging firearm or weapon 
on school property. 
 182 
790.161(2) 2nd Make, possess, or throw 
destructive device with intent 
to do bodily harm or damage 
property. 
 183 
790.164(1) 2nd False report concerning bomb, 
explosive, weapon of mass 
destruction, act of ars on or     
 
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violence to state property, or 
use of firearms in violent 
manner. 
 184 
790.19 	2nd Shooting or throwing deadly 
missiles into dwellings, 
vessels, or vehicles. 
 185 
794.011(8)(a) 3rd Solicitation of minor to 
participate in sexual activity 
by custodial adult. 
 186 
794.05(1) 2nd Unlawful sexual activity with 
specified minor. 
 187 
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. 
 188 
800.04(6)(b) 2nd Lewd or lascivious conduct; 
offender 18 years of age or 
older. 
 189 
806.031(2) 2nd Arson resulting in great bodily     
 
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harm to firefighter or any 
other person. 
 190 
810.02(3)(c) 2nd Burglary of occupied structure; 
unarmed; no assault or battery. 
 191 
810.145(8)(b) 2nd Digital voyeurism; certain 
minor victims; 2nd or 
subsequent offense. 
 192 
812.014(2)(b)1. 2nd Property stolen $20,000 or 
more, but less than $100,000, 
grand theft in 2nd degree. 
 193 
812.014(2)(c)5. 3rd Grand theft; third degree; 
firearm. 
 194 
812.014(6) 2nd Theft; property stolen $3,000 
or more; coordination of 
others. 
 195 
812.015(9)(a) 2nd Retail theft; property stolen 
$750 or more; second or 
subsequent conviction. 
 196     
 
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812.015(9)(b) 2nd Retail theft; aggregated 
property stolen within 120 days 
is $3,000 or more; coordination 
of others. 
 197 
812.015(9)(d) 2nd Retail theft; multiple thefts 
within specified period. 
 198 
812.015(9)(e) 2nd Retail theft; committed with 
specified number of other 
persons and use of social media 
platform. 
 199 
812.13(2)(c) 2nd Robbery, no firearm or other 
weapon (strong-arm robbery). 
 200 
817.4821(5) 2nd Possess cloning paraphernalia 
with intent to create cloned 
cellular telephones. 
 201 
817.49(2)(b)2. 2nd Willful making of a false 
report of a crime resulting in 
death. 
 202 
817.505(4)(b) 2nd Patient brokering; 10 or more     
 
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patients. 
 203 
817.5695(3)(b) 2nd Exploitation of person 65 years 
of age or older, value $10,000 
or more, but less than $50,000. 
 204 
825.102(1) 3rd Abuse of an elderly person or 
disabled adult. 
 205 
825.102(3)(c) 3rd Neglect of an elderly person or 
disabled adult. 
 206 
825.1025(3) 3rd Lewd or lascivious molestation 
of an elderly person or 
disabled adult. 
 207 
825.103(3)(c) 3rd Exploiting an elderly person or 
disabled adult and property is 
valued at less than $10,000. 
 208 
827.03(2)(c) 3rd Abuse of a child. 
 209 
827.03(2)(d) 3rd Neglect of a child. 
 210 
827.071(5) 3rd Possess, control, or     
 
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intentionally view any 
photographic material, motion 
picture, etc., which includes 
child pornography. 
 211 
828.126(3) 3rd Sexual activities involving 
animals. 
 212 
836.05 	2nd Threats; extortion. 
 213 
836.10 	2nd Written or electronic threats 
to kill, do bodily injury, or 
conduct a mass shooting or an 
act of terrorism. 
 214 
843.12 	3rd Aids or assists person to 
escape. 
 215 
847.011 	3rd Distributing, offering to 
distribute, or possessing with 
intent to distribute obsce ne 
materials depicting minors. 
 216 
847.012 	3rd Knowingly using a minor in the 
production of materials harmful     
 
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to minors. 
 217 
847.0135(2) 3rd Facilitates sexual conduct of 
or with a minor or the visual 
depiction of such conduct. 
 218 
893.131 	2nd Distribution of controlled 
substances resulting in 
overdose or serious bodily 
injury. 
 219 
914.23 	2nd Retaliation against a witness, 
victim, or informant, with 
bodily injury. 
 220 
918.13(2)(b) 2nd Tampering with or fabricating 
physical evidence relating to a 
capital felony. 
 221 
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.     
 
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 222 
944.40 	2nd Escapes. 
 223 
944.46 	3rd Harboring, concealing, aiding 
escaped prisoners. 
 224 
944.47(1)(a)5. 2nd Introduction of contraband 
(firearm, weapon, or explosive) 
into correctional facility. 
 225 
951.22(1)(i) 3rd Firearm or weapon introduced 
into county detention facility. 
 226 
 (g)  LEVEL 7 227 
 228 
Florida 
Statute 
Felony 
Degree 	Description 
 229 
316.027(2)(c) 1st Accident involving death, 
failure to stop; leaving scene. 
 230 
316.193(3)(c)2. 3rd DUI resulting in serious bodily 
injury. 
 231 
316.1935(3)(b) 1st Causing serious bodily injury     
 
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or death to another person; 
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. 
 232 
327.35(3)(c)2. 3rd Vessel BUI resulting in serious 
bodily injury. 
 233 
402.319(2) 2nd Misrepresentation and 
negligence or intentional act 
resulting in great bodily harm, 
permanent disfiguration, 
permanent disability, or death. 
 234 
409.920 
  (2)(b)1.a. 
3rd Medicaid provider fraud; 
$10,000 or less. 
 235 
409.920 
  (2)(b)1.b. 
2nd Medicaid provider fraud; more 
than $10,000, but less than 
$50,000. 
 236 
456.065(2) 3rd Practicing a health care     
 
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profession without a license. 
 237 
456.065(2) 2nd Practicing a health care 
profession without a license 
which results in serious bodily 
injury. 
 238 
458.327(1) 3rd Practicing medicine with out a 
license. 
 239 
459.013(1) 3rd Practicing osteopathic medicine 
without a license. 
 240 
460.411(1) 3rd Practicing chiropractic 
medicine without a license. 
 241 
461.012(1) 3rd Practicing podiatric medicine 
without a license. 
 242 
462.17 	3rd Practicing naturopathy without 
a license. 
 243 
463.015(1) 3rd Practicing optometry without a 
license. 
 244     
 
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464.016(1) 3rd Practicing nursing without a 
license. 
 245 
465.015(2) 3rd Practicing pharmacy without a 
license. 
 246 
466.026(1) 3rd Practicing dentistry or dental 
hygiene without a license. 
 247 
467.201 	3rd Practicing midwifery without a 
license. 
 248 
468.366 	3rd Delivering respiratory care 
services without a license. 
 249 
483.828(1) 3rd Practicing as clinical 
laboratory personnel without a 
license. 
 250 
483.901(7) 3rd Practicing medical physics 
without a license. 
 251 
484.013(1)(c) 3rd Preparing or dispensing optical 
devices without a prescription. 
 252     
 
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484.053 	3rd Dispensing hearing aids without 
a license. 
 253 
494.0018(2) 1st Conviction of any violation of 
chapter 494 in which the total 
money and property unlawfully 
obtained exceeded $50,000 and 
there were five or more 
victims. 
 254 
560.123(8)(b)1. 3rd Failure to report currency or 
payment instruments exceeding 
$300 but less than $20,000 by a 
money services business. 
 255 
560.125(5)(a) 3rd Money services business by 
unauthorized person, currency 
or payment instruments 
exceeding $300 but less than 
$20,000. 
 256 
655.50(10)(b)1. 3rd Failure to report financial 
transactions exceeding $300 but 
less than $20,000 by financial 
institution.     
 
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 257 
775.21(10)(a) 3rd Sexual predator; failure to 
register; failure to renew 
driver license or 
identification card; other 
registration violations. 
 258 
775.21(10)(b) 3rd Sexual predator working where 
children regularly congregate. 
 259 
775.21(10)(g) 3rd Failure to report or providing 
false information about a 
sexual predator; harbor or 
conceal a sexual predator. 
 260 
782.051(3) 2nd Attempted felony murder of a 
person by a person other than 
the perpetrator or the 
perpetrator of an attempted 
felony. 
 261 
782.07(1) 2nd Killing of a human being by the 
act, procurement, or culpable 
negligence of another 
(manslaughter).     
 
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 262 
782.071 	2nd Killing of a human being or 
unborn child by the operation 
of a motor vehicle in a 
reckless manner (vehicular 
homicide). 
 263 
782.072 	2nd Killing of a human being by the 
operation of a vessel in a 
reckless manner (vessel 
homicide). 
 264 
784.045(1)(a)1. 2nd Aggravated battery; 
intentionally causing great 
bodily harm or disfigurement. 
 265 
784.045(1)(a)2. 2nd Aggravated battery; using 
deadly weapon. 
 266 
784.045(1)(b) 2nd Aggravated battery; perpetrator 
aware victim pregnant. 
 267 
784.048(4) 3rd Aggravated stalking; violation 
of injunction or court order. 
 268     
 
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784.048(7) 3rd Aggravated stalking; violation 
of court order. 
 269 
784.07(2)(d) 1st Aggravated battery on law 
enforcement officer, utility 
worker, firefighter, etc . 
 270 
784.074(1)(a) 1st Aggravated battery on sexually 
violent predators facility 
staff. 
 271 
784.08(2)(a) 1st Aggravated battery on a person 
65 years of age or older. 
 272 
784.081(1) 1st Aggravated battery on specified 
official or employee. 
 273 
784.082(1) 1st Aggravated battery by detained 
person on visitor or other 
detainee. 
 274 
784.083(1) 1st Aggravated battery on code 
inspector. 
 275 
787.06(3)(a)2. 1st Human trafficking using     
 
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coercion for labor and services 
of an adult. 
 276 
787.06(3)(e)2. 1st Human trafficking using 
coercion for labor and services 
by the transfer or transport of 
an adult from outside Florida 
to within the state. 
 277 
790.07(4) 1st Specified weapons violation 
subsequent to previous 
conviction of s. 790.07(1) or 
(2). 
 278 
790.16(1) 1st Discharge of a machine gun 
under specified circumstances. 
 279 
790.165(2) 2nd Manufacture, sell, possess, or 
deliver hoax bomb. 
 280 
790.165(3) 2nd Possessing, displaying, or 
threatening to use any hoax 
bomb while committing or 
attempting to commit a felony. 
 281     
 
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790.166(3) 2nd Possessing, selling, using, or 
attempting to use a hoax weapon 
of mass destruction. 
 282 
790.166(4) 2nd Possessing, displaying, or 
threatening to use a hoax 
weapon of mass destruction 
while committing or attempting 
to commit a felony. 
 283 
790.23 1st,PBL Possession of a firearm by a 
person who qualifies for the 
penalty enhancements provided 
for in s. 874.04. 
 284 
794.08(4) 3rd Female genital mutilation; 
consent by a parent, guardian, 
or a person in custodial 
authority to a victim younger 
than 18 years of age. 
 285 
796.05(1) 1st Live on earnings of a 
prostitute; 2nd offense. 
 286 
796.05(1) 1st Live on earnings of a     
 
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prostitute; 3rd and subsequent 
offense. 
 287 
800.04(5)(c)1. 2nd Lewd or lascivious molestation; 
victim younger than 12 years of 
age; offender younger than 18 
years of age. 
 288 
800.04(5)(c)2. 2nd Lewd or lascivious molestation; 
victim 12 years of age or older 
but younger than 16 years of 
age; offender 18 years of age 
or older. 
 289 
800.04(5)(e) 1st Lewd or lascivious molestation; 
victim 12 years of age or older 
but younger than 16 years; 
offender 18 years or older; 
prior conviction for specified 
sex offense. 
 290 
806.01(2) 2nd Maliciously damage structure by 
fire or explosive. 
 291 
810.02(3)(a) 2nd Burglary of occupied dwelling;     
 
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unarmed; no assault or battery. 
 292 
810.02(3)(b) 2nd Burglary of unoccupied 
dwelling; unarmed; no assault 
or battery. 
 293 
810.02(3)(d) 2nd Burglary of occupied 
conveyance; unarmed; no assault 
or battery. 
 294 
810.02(3)(e) 2nd Burglary of authorized 
emergency vehicle. 
 295 
812.014(2)(a)1. 1st Property stolen, valued at 
$100,000 or more or a 
semitrailer deployed by a law 
enforcement officer; property 
stolen while causing other 
property damage; 1st degree 
grand theft. 
 296 
812.014(2)(b)2. 2nd Property stolen, cargo valued 
at less than $50,000, grand 
theft in 2nd degree. 
 297     
 
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812.014(2)(b)3. 2nd Property stolen, emergency 
medical equipment; 2nd degree 
grand theft. 
 298 
812.014(2)(b)4. 2nd Property stolen, law 
enforcement equipment from 
authorized emergency vehicle. 
 299 
812.014(2)(g) 2nd Grand theft; second degree; 
firearm with previous 
conviction of s. 
812.014(2)(c)5. 
 300 
812.0145(2)(a) 1st Theft from person 65 years of 
age or older; $50,000 or more. 
 301 
812.019(2) 1st Stolen property; initiates, 
organizes, plans, etc., the 
theft of property and traffics 
in stolen property. 
 302 
812.131(2)(a) 2nd Robbery by sudden snatching. 
 303 
812.133(2)(b) 1st Carjacking; no firearm, deadly 
weapon, or other weapon.     
 
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 304 
817.034(4)(a)1. 1st Communications fraud, value 
greater than $50,000. 
 305 
817.234(8)(a) 2nd Solicitation of motor vehicle 
accident victims with intent to 
defraud. 
 306 
817.234(9) 2nd Organizing, planning, or 
participating in an intentional 
motor vehicle collision. 
 307 
817.234(11)(c) 1st Insurance fraud; property value 
$100,000 or more. 
 308 
817.2341 
  (2)(b) & 
(3)(b) 
1st Making false entries of 
material fact or false 
statements regarding property 
values relating to the solvency 
of an insuring entity which are 
a significant cause of the 
insolvency of that entity. 
 309 
817.418(2)(a) 3rd Offering for sale or 
advertising personal protective     
 
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equipment with intent to 
defraud. 
 310 
817.504(1)(a) 3rd Offering or advertising a 
vaccine with intent to defraud. 
 311 
817.535(2)(a) 3rd Filing false lien or other 
unauthorized document. 
 312 
817.611(2)(b) 2nd Traffic in or possess 15 to 49 
counterfeit credit cards or 
related documents. 
 313 
825.102(3)(b) 2nd Neglecting an elderly person or 
disabled adult causing great 
bodily harm, disability, or 
disfigurement. 
 314 
825.103(3)(b) 2nd Exploiting an elderly person or 
disabled adult and property is 
valued at $10,000 or more, but 
less than $50,000. 
 315 
827.03(2)(b) 2nd Neglect of a child causing 
great bodily harm, disability,     
 
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or disfigurement. 
 316 
827.04(3) 3rd Impregnation of a child under 
16 years of age by person 21 
years of age or older. 
 317 
827.071(2) & (3) 2nd Use or induce a child in a 
sexual performance, or promote 
or direct such performance. 
 318 
827.071(4) 2nd Possess with intent to promote 
any photographic material, 
motion picture, etc., which 
includes child pornography. 
 319 
837.05(2) 3rd Giving false information about 
alleged capital felony to a law 
enforcement officer. 
 320 
838.015 	2nd Bribery. 
 321 
838.016 	2nd Unlawful compensation or reward 
for official behavior. 
 322 
838.021(3)(a) 2nd Unlawful harm to a public     
 
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servant. 
 323 
838.22 	2nd Bid tampering. 
 324 
843.0855(2) 3rd Impersonation of a public 
officer or employee. 
 325 
843.0855(3) 3rd Unlawful simulation of legal 
process. 
 326 
843.0855(4) 3rd Intimidation of a public 
officer or employee. 
 327 
847.0135(3) 3rd Solicitation of a child, via a 
computer service, to commit an 
unlawful sex act. 
 328 
847.0135(4) 2nd Traveling to meet a minor to 
commit an unlawful sex act. 
 329 
872.06 	2nd Abuse of a dead human body. 
 330 
874.05(2)(b) 1st Encouraging or recruiting 
person under 13 to join a 
criminal gang; second or     
 
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subsequent offense. 
 331 
874.10 1st,PBL Knowingly initiates, organizes, 
plans, finances, directs, 
manages, or supervises criminal 
gang-related activity. 
 332 
893.13(1)(c)1. 1st Sell, manufacture, or deliver 
cocaine (or other drug 
prohibited under s. 
893.03(1)(a), (1)(b), (1)(d), 
(2)(a), (2)(b), or (2)(c)5.) 
within 1,000 feet of a child 
care facility, school, or 
state, county, or municipal 
park or publicly owned 
recreational facility or 
community center. 
 333 
893.13(1)(e)1. 1st Sell, manufacture, or deliver 
cocaine or other drug 
prohibited under s. 
893.03(1)(a), (1)(b), (1)(d), 
(2)(a), (2)(b), or (2)(c)5., 
within 1,000 feet of property     
 
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used for religious services or 
a specified business site. 
 334 
893.13(4)(a) 1st Use or hire of minor; deliver 
to minor other controlled 
substance. 
 335 
893.135(1)(a)1. 1st Trafficking in cannabis, more 
than 25 lbs., less than 2,000 
lbs. 
 336 
893.135 
  (1)(b)1.a. 
1st Trafficking in cocaine, more 
than 28 grams, less than 200 
grams. 
 337 
893.135 
  (1)(c)1.a. 
1st Trafficking in illegal drugs, 
more than 4 grams, less than 14 
grams. 
 338 
893.135 
  (1)(c)2.a. 
1st Trafficking in hydrocodone, 28 
grams or more, less than 50 
grams. 
 339 
893.135 
  (1)(c)2.b. 
1st Trafficking in hydrocodone, 50 
grams or more, less than 100     
 
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grams. 
 340 
893.135 
  (1)(c)3.a. 
1st Trafficking in oxycodone, 7 
grams or more, less than 14 
grams. 
 341 
893.135 
  (1)(c)3.b. 
1st Trafficking in oxycodone, 14 
grams or more, less than 25 
grams. 
 342 
893.135 
  (1)(c)4.b.(I) 
1st Trafficking in fentanyl, 4 
grams or more, less than 14 
grams. 
 343 
893.135 
  (1)(d)1.a. 
1st Trafficking in phencyclidine, 
28 grams or more, less than 200 
grams. 
 344 
893.135(1)(e)1. 1st Trafficking in methaqualone, 
200 grams or more, less than 5 
kilograms. 
 345 
893.135(1)(f)1. 1st Trafficking in amphetamine, 14 
grams or more, less than 28 
grams.     
 
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 346 
893.135 
  (1)(g)1.a. 
1st Trafficking in flunitrazepam, 4 
grams or more, less than 14 
grams. 
 347 
893.135 
  (1)(h)1.a. 
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1 
kilogram or more, less than 5 
kilograms. 
 348 
893.135 
  (1)(j)1.a. 
1st Trafficking in 1,4-Butanediol, 
1 kilogram or more, less than 5 
kilograms. 
 349 
893.135 
  (1)(k)2.a. 
1st Trafficking in Phenethylamines, 
10 grams or more, less than 200 
grams. 
 350 
893.135 
  (1)(m)2.a. 
1st Trafficking in synthetic 
cannabinoids, 280 grams or 
more, less than 500 grams. 
 351 
893.135 
  (1)(m)2.b. 
1st Trafficking in synthetic 
cannabinoids, 500 grams or 
more, less than 1,000 grams.     
 
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 352 
893.135 
  (1)(n)2.a. 
1st Trafficking in n-benzyl 
phenethylamines, 14 grams or 
more, less than 100 grams. 
 353 
893.1351(2) 2nd Possession of place for 
trafficking in or manufacturing 
of controlled substance. 
 354 
896.101(5)(a) 3rd Money laundering, financial 
transactions exceeding $300 but 
less than $20,000. 
 355 
896.104(4)(a)1. 3rd Structuring transactions to 
evade reporting or registration 
requirements, financial 
transactions exceeding $300 but 
less than $20,000. 
 356 
943.0435(4)(c) 2nd Sexual offender vacating 
permanent residence; fail ure to 
comply with reporting 
requirements. 
 357 
943.0435(8) 2nd Sexual offender; remains in     
 
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state after indicating intent 
to leave; failure to comply 
with reporting requirements. 
 358 
943.0435(9)(a) 3rd Sexual offender; failure to 
comply with reporting 
requirements. 
 359 
943.0435(13) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 360 
943.0435(14) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 361 
944.607(9) 3rd Sexual offender; failure to 
comply with reporting 
requirements. 
 362 
944.607(10)(a) 3rd Sexual offender; failure to 
submit to the taking of a     
 
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digitized photograph. 
 363 
944.607(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 364 
944.607(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 365 
985.4815(10) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 366 
985.4815(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 367 
985.4815(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address     
 
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verification; providing false 
registration information. 
 368 
 Section 4.  Paragraph (b) of subsection (3) of section 369 
943.051, Florida Statutes, is amended to read: 370 
 943.051  Criminal justice information; collection and 371 
storage; fingerprinting. — 372 
 (3) 373 
 (b)  A minor who is charged with or found to have committed 374 
the following offenses shall be fingerprinted and the 375 
fingerprints shall be submitted electronically to the 376 
department, unless the minor is issued a prearrest delinquency 377 
citation pursuant to s. 985.12: 378 
 1.  Assault, as defined in s. 784.011. 379 
 2.  Battery, as defined in s. 784.03. 380 
 3.  Carrying a concealed weapon, as defined in s. 381 
790.01(2). 382 
 4.  Unlawful use of destructi ve devices or bombs, as 383 
defined in s. 790.1615(1). 384 
 5.  Neglect of a child, as defined in s. 827.03(1)(e). 385 
 6.  Assault or battery on a law enforcement officer, a 386 
firefighter, or other specified persons officers, as provided 387 
defined in s. 784.07 784.07(2)(a) and (b). 388 
 7.  Open carrying of a weapon, as defined in s. 790.053. 389 
 8.  Exposure of sexual organs, as defined in s. 800.03. 390     
 
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 9.  Unlawful possession of a firearm, as defined in s. 391 
790.22(5). 392 
 10.  Petit theft, as defined in s. 812.014(3). 393 
 11.  Cruelty to animals, as defined in s. 828.12(1). 394 
 12.  Arson, as defined in s. 806.031(1). 395 
 13.  Unlawful possession or discharge of a weapon or 396 
firearm at a school-sponsored event or on school property, as 397 
provided in s. 790.115. 398 
 Section 5.  Paragraph (b) of su bsection (1) of section 399 
985.11, Florida Statutes, is amended to read: 400 
 985.11  Fingerprinting and photographing. — 401 
 (1) 402 
 (b)  Unless the child is issued a prearrest delinquency 403 
citation pursuant to s. 985.12, a child who is charged with or 404 
found to have committed one of the following offenses shall be 405 
fingerprinted, and the fingerprints shall be submitted to the 406 
Department of Law Enforcement as provided in s. 943.051(3)(b): 407 
 1.  Assault, as defined in s. 784.011. 408 
 2.  Battery, as defined in s. 784.03. 409 
 3.  Carrying a concealed weapon, as defined in s. 410 
790.01(2). 411 
 4.  Unlawful use of destructive devices or bombs, as 412 
defined in s. 790.1615(1). 413 
 5.  Neglect of a child, as defined in s. 827.03(1)(e). 414 
 6.  Assault on a law enforcement officer, a firefighter, or 415     
 
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other specified persons officers, as defined in s. 784.07 416 
784.07(2)(a). 417 
 7.  Open carrying of a weapon, as defined in s. 790.053. 418 
 8.  Exposure of sexual organs, as defined in s. 800.03. 419 
 9.  Unlawful possession of a firearm, as defined in s. 420 
790.22(5). 421 
 10. Petit theft, as defined in s. 812.014. 422 
 11.  Cruelty to animals, as defined in s. 828.12(1). 423 
 12.  Arson, resulting in bodily harm to a firefighter, as 424 
defined in s. 806.031(1). 425 
 13.  Unlawful possession or discharge of a weapon or 426 
firearm at a school-sponsored event or on school property as 427 
defined in s. 790.115. 428 
 429 
A law enforcement agency may fingerprint and photograph a child 430 
taken into custody upon probable cause that such child has 431 
committed any other violation of law, as the agency deems 432 
appropriate. Such fingerprint records and photographs shall be 433 
retained by the law enforcement agency in a separate file, and 434 
these records and all copies thereof must be marked "Juvenile 435 
Confidential." These records are not available for public 436 
disclosure and inspect ion under s. 119.07(1) except as provided 437 
in ss. 943.053 and 985.04(2), but shall be available to other 438 
law enforcement agencies, criminal justice agencies, state 439 
attorneys, the courts, the child, the parents or legal 440     
 
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custodians of the child, their attorne ys, and any other person 441 
authorized by the court to have access to such records. In 442 
addition, such records may be submitted to the Department of Law 443 
Enforcement for inclusion in the state criminal history records 444 
and used by criminal justice agencies for c riminal justice 445 
purposes. These records may, in the discretion of the court, be 446 
open to inspection by anyone upon a showing of cause. The 447 
fingerprint and photograph records shall be produced in the 448 
court whenever directed by the court. Any photograph taken 449 
pursuant to this section may be shown by a law enforcement 450 
officer to any victim or witness of a crime for the purpose of 451 
identifying the person who committed such crime. 452 
 Section 6.  Paragraph (a) of subsection (3) of section 453 
985.644, Florida Statutes, is amended to read: 454 
 985.644  Departmental contracting powers; personnel 455 
standards and investigation. — 456 
 (3)(a)  All employees of the department and all personnel 457 
of contract providers for any program for children, including 458 
all owners, operators, employee s, persons who have access to 459 
confidential juvenile records, and volunteers, must complete: 460 
 1.  A level 2 employment screening pursuant to chapter 435 461 
before employment. The security background investigation 462 
conducted under this section must ensure that, in addition to 463 
the disqualifying offenses listed in s. 435.04, no person 464 
subject to the background screening provisions of this section 465     
 
HB 857   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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has an arrest awaiting final disposition for, been found guilty 466 
of, regardless of adjudication, or entered a plea of nol o 467 
contendere or guilty to, or been adjudicated delinquent and the 468 
record has not been sealed or expunged for, any offense 469 
prohibited under the following provisions of state law or 470 
similar laws of another jurisdiction: 471 
 a.  Section 784.07, relating to assau lt or battery of law 472 
enforcement officers, firefighters, emergency medical care 473 
providers, public transit employees or agents, or other 474 
specified persons officers. 475 
 b.  Section 817.568, relating to criminal use of personal 476 
identification information. 477 
 2.  A national criminal records check by the Federal Bureau 478 
of Investigation every 5 years following the date of the 479 
person's employment. 480 
 Section 7. This act shall take effect October 1, 2025. 481