CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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, 943.051, 985.11, and 985.644, 6
F.S.; conforming provisions to changes made by the 7
act; providing an effec tive 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 battery 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 identification, 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 controls a plant, 24
property, or facility for the generation, transmission, 25
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
distribution of, or furnishing to or for the public of 26
electricity, natural or manufactured gas or propane, water, 27
wastewater, telephone, or communications service, including two 28
or more 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 a ccident 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
engaged in work on critical infrastructure as defined in s. 48
812.141(1) while the officer, firefighter, emergency medical 49
care provider, hospita l personnel, railroad special officer, 50
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
traffic accident investigation officer, traffic infraction 51
enforcement officer, inspector, analyst, operator, law 52
enforcement explorer, parking enforcement specialist, public 53
transit employee or agent, or security officer, or utility 54
worker is engaged in the lawful performance of his or her 55
duties, the offense for which the person is charged shall be 56
reclassified as follows: 57
(a) In the case of assault, from a misdemeanor of the 58
second degree to a misdemeanor of the f irst degree. 59
(b) In the case of battery, from a misdemeanor of the 60
first degree to a felony of the third degree. Notwithstanding 61
any other provision of law, a person convicted of battery upon a 62
law enforcement officer committed in furtherance of a riot o r an 63
aggravated riot prohibited under s. 870.01 shall be sentenced to 64
a minimum term of imprisonment of 6 months. 65
(c) In the case of aggravated assault, from a felony of 66
the third degree to a felony of the second degree. 67
Notwithstanding any other provisi on of law, any person convicted 68
of aggravated assault upon a law enforcement officer shall be 69
sentenced to a minimum term of imprisonment of 3 years. 70
(d) In the case of aggravated battery, from a felony of 71
the second degree to a felony of the first degre e. 72
Notwithstanding any other provision of law, any person convicted 73
of aggravated battery of a law enforcement officer shall be 74
sentenced to a minimum term of imprisonment of 5 years. 75
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Subsection (15) of section 901.15, Florida 76
Statutes, is amended to read: 77
901.15 When arrest by officer without warrant is lawful. —A 78
law enforcement officer may arrest a person without a warrant 79
when: 80
(15) There is probable cause to believe that the person 81
has committed assault upon a law enforcement officer, a 82
firefighter, an emergency medical care provider, public transit 83
employees or agents, or other specified persons officers as set 84
forth in s. 784.07 or has committed assault or battery upon any 85
employee of a receiving facility as defined in s. 394.455 who is 86
engaged in the lawful performance of his or her duties. 87
Section 3. Paragraph (b) of subsection (3) of section 88
943.051, Florida Statutes, is amended to read: 89
943.051 Criminal justice information; collection and 90
storage; fingerprinting. — 91
(3) 92
(b) A minor who is charged with or found to have committed 93
the following offenses shall be fingerprinted and the 94
fingerprints shall be submitted electronically to the 95
department, unless the minor is issued a prearrest delinquency 96
citation pursuant to s. 985.1 2: 97
1. Assault, as defined in s. 784.011. 98
2. Battery, as defined in s. 784.03. 99
3. Carrying a concealed weapon, as defined in s. 100
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
790.01(2). 101
4. Unlawful use of destructive devices or bombs, as 102
defined in s. 790.1615(1). 103
5. Neglect of a child, as def ined in s. 827.03(1)(e). 104
6. Assault or battery on a law enforcement officer, a 105
firefighter, or other specified persons officers, as provided 106
defined in s. 784.07 784.07(2)(a) and (b) . 107
7. Open carrying of a weapon, as defined in s. 790.053. 108
8. Exposure of sexual organs, as defined in s. 800.03. 109
9. Unlawful possession of a firearm, as defined in s. 110
790.22(5). 111
10. Petit theft, as defined in s. 812.014(3). 112
11. Cruelty to animals, as defined in s. 828.12(1). 113
12. Arson, as defined in s. 806.031(1). 114
13. Unlawful possession or discharge of a weapon or 115
firearm at a school-sponsored event or on school property, as 116
provided in s. 790.115. 117
Section 4. Paragraph (b) of subsection (1) of section 118
985.11, Florida Statutes, is amended to read: 119
985.11 Fingerprinting and photographing. — 120
(1) 121
(b) Unless the child is issued a prearrest delinquency 122
citation pursuant to s. 985.12, a child who is charged with or 123
found to have committed one of the following offenses shall be 124
fingerprinted, and the fingerprints shall be submitted to the 125
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Department of Law Enforcement as provided in s. 943.051(3)(b): 126
1. Assault, as defined in s. 784.011. 127
2. Battery, as defined in s. 784.03. 128
3. Carrying a concealed weapon, as defined in s. 129
790.01(2). 130
4. Unlawful use of destr uctive devices or bombs, as 131
defined 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 defined in s. 784.07 135
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 145
firearm at a school-sponsored event or on school property as 146
defined in 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
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
committed any other violation of law, as the agency deems 151
appropriate. Such fingerprint records and photographs shall be 152
retained by the law enforcemen t 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
CS/HB 857 2025
CODING: Words stricken are deletions; words underlined are additions.
hb857-01-c1
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3)(a) All employees of the department and all personnel 176
of contract providers for any program for children, including 177
all 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. 200