Florida Senate - 2025 SB 1838 By Senator Martin 33-01520A-25 20251838__ 1 A bill to be entitled 2 An act relating to tampering with, harassing, or 3 retaliating against court officials; amending s. 4 918.12, F.S.; defining the term court official; 5 defining the offenses of tampering with or harassing 6 court officials; providing criminal penalties; 7 providing that no state of mind need be proved with 8 respect to specified circumstances; creating s. 9 918.125, F.S.; defining the term court official; 10 prohibiting specified conduct with retaliatory intent 11 toward court officials; providing criminal penalties; 12 creating s. 918.21, F.S.; prohibiting a person with 13 the intent to retaliate against certain court 14 officials from knowingly engaging in or threatening to 15 engage in actions that cause bodily injury or property 16 damage; providing criminal penalties; amending ss. 17 772.102, 895.02, and 921.0022, F.S.; conforming 18 provisions to changes made by the act; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Section 918.12, Florida Statutes, is amended to 24 read: 25 918.12Tampering with or harassing court officials jurors. 26 (1)DEFINITION.As used in this section, the term court 27 official means any judge, magistrate judge, grand juror, petit 28 juror, clerk, deputy clerk, judicial assistant, attorney, 29 bailiff or court deputy. 30 (2)TAMPERING. 31 (a)A person who knowingly: 32 1.Uses intimidation or physical force; 33 2.Threatens any person, or attempts to do so; 34 3.Engages in misleading conduct toward any person; or 35 4.Offers pecuniary benefit or gain to any person, 36 37 with intent to cause or induce any court official to obstruct 38 the administration of justice or affect the outcome of an 39 official investigation or official proceeding, commits the crime 40 of tampering with a court official. 41 (b)Tampering with a court official is a: 42 1.Felony of the third degree, punishable as provided in s. 43 775.082, s. 775.083, or s. 775.084, in which the official 44 investigation or official proceeding affected involves the 45 investigation or prosecution of a misdemeanor or any noncriminal 46 matter pending in county court. 47 2.Felony of the second degree, punishable as provided in 48 s. 775.082, s. 775.083, or s. 775.084, in which the official 49 investigation or official proceeding affected involves the 50 investigation or prosecution of a third degree felony or any 51 noncriminal matter pending in circuit court. 52 3.Felony of the first degree, punishable as provided in s. 53 775.082, s. 775.083, or s. 775.084, in which the official 54 investigation or official proceeding affected involves the 55 investigation or prosecution of a second degree felony. 56 4.Felony of the first degree, punishable by a term of 57 years not exceeding life or as provided in s. 775.082, s. 58 775.083, or s. 775.084, in which the official investigation or 59 official proceeding affected involves the investigation or 60 prosecution of a first degree felony or a first degree felony 61 punishable by a term of years not exceeding life. 62 5.Life felony, punishable as provided in s. 775.082, s. 63 775.083, or s. 775.084, in which the official investigation or 64 official proceeding affected involves the investigation or 65 prosecution of a life or capital felony. 66 6.Felony of the third degree, punishable as provided in s. 67 775.082, s. 775.083, or s. 775.084, in which the offense level 68 of the affected official investigation or official proceeding is 69 indeterminable. 70 (3)HARASSING. 71 (a)Whoever intentionally harasses a court official and 72 thereby hinders, delays, prevents, or dissuades any court 73 official from: 74 1.Attending an official proceeding; 75 2.Rendering a fair verdict based solely upon the evidence 76 produced at an official proceeding and the law; or 77 3.Following the rules of juror behavior and deliberation 78 as set forth by the judge, 79 80 or attempts to do so, commits the crime of harassing a court 81 official. 82 (b)Harassing a court official is a: 83 1.Misdemeanor of the first degree, punishable as provided 84 in s. 775.082 or s. 775.083, in which the official investigation 85 or official proceeding affected involves the investigation or 86 prosecution of a misdemeanor or any noncriminal matter pending 87 in county court. 88 2.Felony of the third degree, punishable as provided in s. 89 775.082, s. 775.083, or s. 775.084, in which the official 90 investigation or official proceeding affected involves the 91 investigation or prosecution of a third degree felony or any 92 noncriminal matter pending in circuit court. 93 3.Felony of the second degree, punishable as provided in 94 s. 775.082, s. 775.083, or s. 775.084, in which the official 95 investigation or official proceeding affected involves the 96 investigation or prosecution of a second degree felony. 97 4.Felony of the first degree, punishable as provided in s. 98 775.082, s. 775.083, or s. 775.084, in which the official 99 investigation or official proceeding affected involves the 100 investigation or prosecution of a first degree felony. 101 5.Felony of the first degree, punishable by a term of 102 years not exceeding life or as provided in s. 775.082, s. 103 775.083, or s. 775.084, in which the official investigation or 104 official proceeding affected involves the investigation or 105 prosecution of a felony of the first degree punishable by a term 106 of years not exceeding life or a prosecution of a life or 107 capital felony. 108 6.Felony of the third degree, punishable as provided in s. 109 775.082, s. 775.083, or s. 775.084, in which the offense level 110 of the affected official investigation or official proceeding is 111 indeterminable. 112 (4)STATE OF MIND.In a prosecution for an offense under 113 this section, no state of mind need be proved with respect to 114 the circumstance: 115 (a)That the official proceeding before a judge, court, 116 grand jury, or government agency is before a judge or court of 117 the state, a state or local grand jury, or a state agency; or 118 (b)That the judge is a judge of the state or that the law 119 enforcement officer is an officer or employee of the state or a 120 person authorized to act for or on behalf of the state or 121 serving the state as an adviser or consultant Any person who 122 influences the judgment or decision of any grand or petit juror 123 on any matter, question, cause, or proceeding which may be 124 pending, or which may by law be brought, before him or her as 125 such juror, with intent to obstruct the administration of 126 justice, shall be guilty of a felony of the third degree, 127 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 128 Section 2.Section 918.125, Florida Statutes, is created to 129 read: 130 918.125Retaliation against a court official. 131 (1)As used in this section, the term court official has 132 the same meaning as in s. 918.12. 133 (2)A person who knowingly engages in any conduct that 134 causes bodily injury to another person or damages the tangible 135 property of another person, or threatens to do so, with intent 136 to retaliate against a court official as defined in 918.12 for 137 the court officials participation in an official investigation 138 or official proceeding: 139 (a)Commits a felony in the third degree, punishable as 140 provided in s. 775.082, s. 775.083, or s. 775.084; or 141 (b)If the conduct results in bodily injury, commits a 142 felony of the second degree, punishable as provided in s. 143 775.082, s. 775.083, or s. 775.084. 144 Section 3.Section 918.21, Florida Statutes, is created to 145 read: 146 918.21Retaliation against a court official. 147 (1)A person who, with intent to retaliate against a person 148 classified as a court official for his or her participation in 149 an official investigation or proceeding, does any of the 150 following commits a felony of the third degree, punishable as 151 provided in s. 775.082, s. 775.083, or s. 775.084: 152 (a)Knowingly engages in any conduct that threatens to 153 cause bodily injury to another person; or 154 (b)Damages the tangible property of another person or 155 threatens to do so. 156 (2)If the conduct described in subsection (1) results in 157 bodily injury, such person commits a felony of the second 158 degree, punishable as provided in s. 775.082, s. 775.083, or s. 159 775.084. 160 Section 4.Paragraph (a) of subsection (1) of section 161 772.102, Florida Statutes, is amended to read: 162 772.102Definitions.As used in this chapter, the term: 163 (1)Criminal activity means to commit, to attempt to 164 commit, to conspire to commit, or to solicit, coerce, or 165 intimidate another person to commit: 166 (a)Any crime that is chargeable by indictment or 167 information under the following provisions: 168 1.Section 210.18, relating to evasion of payment of 169 cigarette taxes. 170 2.Section 414.39, relating to public assistance fraud. 171 3.Section 440.105 or s. 440.106, relating to workers 172 compensation. 173 4.Part IV of chapter 501, relating to telemarketing. 174 5.Chapter 517, relating to securities transactions. 175 6.Section 550.235 or s. 550.3551, relating to dogracing 176 and horseracing. 177 7.Chapter 550, relating to jai alai frontons. 178 8.Chapter 552, relating to the manufacture, distribution, 179 and use of explosives. 180 9.Chapter 562, relating to beverage law enforcement. 181 10.Section 624.401, relating to transacting insurance 182 without a certificate of authority, s. 624.437(4)(c)1., relating 183 to operating an unauthorized multiple-employer welfare 184 arrangement, or s. 626.902(1)(b), relating to representing or 185 aiding an unauthorized insurer. 186 11.Chapter 687, relating to interest and usurious 187 practices. 188 12.Section 721.08, s. 721.09, or s. 721.13, relating to 189 real estate timeshare plans. 190 13.Chapter 782, relating to homicide. 191 14.Chapter 784, relating to assault and battery. 192 15.Chapter 787, relating to kidnapping or human 193 trafficking. 194 16.Chapter 790, relating to weapons and firearms. 195 17.Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 196 relating to prostitution. 197 18.Chapter 806, relating to arson. 198 19.Section 810.02(2)(c), relating to specified burglary of 199 a dwelling or structure. 200 20.Chapter 812, relating to theft, robbery, and related 201 crimes. 202 21.Chapter 815, relating to computer-related crimes. 203 22.Chapter 817, relating to fraudulent practices, false 204 pretenses, fraud generally, and credit card crimes. 205 23.Section 827.071, relating to commercial sexual 206 exploitation of children. 207 24.Chapter 831, relating to forgery and counterfeiting. 208 25.Chapter 832, relating to issuance of worthless checks 209 and drafts. 210 26.Section 836.05, relating to extortion. 211 27.Chapter 837, relating to perjury. 212 28.Chapter 838, relating to bribery and misuse of public 213 office. 214 29.Chapter 843, relating to obstruction of justice. 215 30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 216 s. 847.07, relating to obscene literature and profanity. 217 31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 218 849.25, relating to gambling. 219 32.Chapter 893, relating to drug abuse prevention and 220 control. 221 33.Section 914.22 or s. 914.23, relating to witnesses, 222 victims, or informants. 223 34.Section 918.12, s. 918.125, or s. 918.13, relating to 224 tampering with or harassing court officials, retaliating against 225 court officials, jurors and tampering with evidence. 226 Section 5.Paragraph (a) of subsection (8) of section 227 895.02, Florida Statutes, is amended to read: 228 895.02Definitions.As used in ss. 895.01-895.08, the term: 229 (8)Racketeering activity means to commit, to attempt to 230 commit, to conspire to commit, or to solicit, coerce, or 231 intimidate another person to commit: 232 (a)Any crime that is chargeable by petition, indictment, 233 or information under the following provisions of the Florida 234 Statutes: 235 1.Section 104.155(2), relating to aiding or soliciting a 236 noncitizen in voting. 237 2.Section 210.18, relating to evasion of payment of 238 cigarette taxes. 239 3.Section 316.1935, relating to fleeing or attempting to 240 elude a law enforcement officer and aggravated fleeing or 241 eluding. 242 4.Chapter 379, relating to the illegal sale, purchase, 243 collection, harvest, capture, or possession of wild animal life, 244 freshwater aquatic life, or marine life, and related crimes. 245 5.Section 403.727(3)(b), relating to environmental 246 control. 247 6.Section 409.920 or s. 409.9201, relating to Medicaid 248 fraud. 249 7.Section 414.39, relating to public assistance fraud. 250 8.Section 440.105 or s. 440.106, relating to workers 251 compensation. 252 9.Section 443.071(4), relating to creation of a fictitious 253 employer scheme to commit reemployment assistance fraud. 254 10.Section 465.0161, relating to distribution of medicinal 255 drugs without a permit as an Internet pharmacy. 256 11.Section 499.0051, relating to crimes involving 257 contraband, adulterated, or misbranded drugs. 258 12.Part IV of chapter 501, relating to telemarketing. 259 13.Chapter 517, relating to sale of securities and 260 investor protection. 261 14.Section 550.235 or s. 550.3551, relating to dogracing 262 and horseracing. 263 15.Chapter 550, relating to jai alai frontons. 264 16.Section 551.109, relating to slot machine gaming. 265 17.Chapter 552, relating to the manufacture, distribution, 266 and use of explosives. 267 18.Chapter 560, relating to money transmitters, if the 268 violation is punishable as a felony. 269 19.Chapter 562, relating to beverage law enforcement. 270 20.Section 624.401, relating to transacting insurance 271 without a certificate of authority, s. 624.437(4)(c)1., relating 272 to operating an unauthorized multiple-employer welfare 273 arrangement, or s. 626.902(1)(b), relating to representing or 274 aiding an unauthorized insurer. 275 21.Section 655.50, relating to reports of currency 276 transactions, when such violation is punishable as a felony. 277 22.Chapter 687, relating to interest and usurious 278 practices. 279 23.Section 721.08, s. 721.09, or s. 721.13, relating to 280 real estate timeshare plans. 281 24.Section 775.13(5)(b), relating to registration of 282 persons found to have committed any offense for the purpose of 283 benefiting, promoting, or furthering the interests of a criminal 284 gang. 285 25.Section 777.03, relating to commission of crimes by 286 accessories after the fact. 287 26.Chapter 782, relating to homicide. 288 27.Chapter 784, relating to assault and battery. 289 28.Chapter 787, relating to kidnapping, human smuggling, 290 or human trafficking. 291 29.Chapter 790, relating to weapons and firearms. 292 30.Chapter 794, relating to sexual battery, but only if 293 such crime was committed with the intent to benefit, promote, or 294 further the interests of a criminal gang, or for the purpose of 295 increasing a criminal gang members own standing or position 296 within a criminal gang. 297 31.Former s. 796.03, former s. 796.035, s. 796.04, s. 298 796.05, or s. 796.07, relating to prostitution. 299 32.Chapter 806, relating to arson and criminal mischief. 300 33.Chapter 810, relating to burglary and trespass. 301 34.Chapter 812, relating to theft, robbery, and related 302 crimes. 303 35.Chapter 815, relating to computer-related crimes. 304 36.Chapter 817, relating to fraudulent practices, false 305 pretenses, fraud generally, credit card crimes, and patient 306 brokering. 307 37.Chapter 825, relating to abuse, neglect, or 308 exploitation of an elderly person or disabled adult. 309 38.Section 827.071, relating to commercial sexual 310 exploitation of children. 311 39.Section 828.122, relating to fighting or baiting 312 animals. 313 40.Chapter 831, relating to forgery and counterfeiting. 314 41.Chapter 832, relating to issuance of worthless checks 315 and drafts. 316 42.Section 836.05, relating to extortion. 317 43.Chapter 837, relating to perjury. 318 44.Chapter 838, relating to bribery and misuse of public 319 office. 320 45.Chapter 843, relating to obstruction of justice. 321 46.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 322 s. 847.07, relating to obscene literature and profanity. 323 47.Chapter 849, relating to gambling, lottery, gambling or 324 gaming devices, slot machines, or any of the provisions within 325 that chapter. 326 48.Chapter 874, relating to criminal gangs. 327 49.Chapter 893, relating to drug abuse prevention and 328 control. 329 50.Chapter 896, relating to offenses related to financial 330 transactions. 331 51.Sections 914.22 and 914.23, relating to tampering with 332 or harassing a witness, victim, or informant, and retaliation 333 against a witness, victim, or informant. 334 52.Sections 918.12, 918.125, and 918.13, relating to 335 tampering with or harassing court official, retaliating against 336 court officials, jurors and tampering with evidence. 337 Section 6.Paragraph (d) of subsection (3) of section 338 921.0022, Florida Statutes, is amended to read: 339 921.0022Criminal Punishment Code; offense severity ranking 340 chart. 341 (3)OFFENSE SEVERITY RANKING CHART 342 (d)LEVEL 4 343 344 FloridaStatute FelonyDegree Description 345 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting. 346 316.1935(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. 347 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 348 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 349 517.07(1) 3rd Failure to register securities. 350 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register. 351 784.031 3rd Battery by strangulation. 352 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 353 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 354 784.075 3rd Battery on detention or commitment facility staff. 355 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 356 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 357 784.081(3) 3rd Battery on specified official or employee. 358 784.082(3) 3rd Battery by detained person on visitor or other detainee. 359 784.083(3) 3rd Battery on code inspector. 360 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 361 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 362 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 363 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 364 787.07 3rd Human smuggling. 365 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 366 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 367 790.115(2)(c) 3rd Possessing firearm on school property. 368 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors. 369 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 370 806.135 2nd Destroying or demolishing a memorial or historic property. 371 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 372 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 373 810.06 3rd Burglary; possession of tools. 374 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 375 810.145(3)(b) 3rd Digital voyeurism dissemination. 376 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 377 812.014(2)(c)4. &6.-10. 3rd Grand theft, 3rd degree; specified items. 378 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage. 379 812.014(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. 380 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 381 817.505(4)(a) 3rd Patient brokering. 382 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 383 817.568(2)(a) 3rd Fraudulent use of personal identification information. 384 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000. 385 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 386 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 387 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 388 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it. 389 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose. 390 837.02(1) 3rd Perjury in official proceedings. 391 837.021(1) 3rd Make contradictory statements in official proceedings. 392 838.022 3rd Official misconduct. 393 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 394 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 395 843.021 3rd Possession of a concealed handcuff key by a person in custody. 396 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 397 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 398 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 399 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 400 870.01(3) 2nd Aggravated rioting. 401 870.01(5) 2nd Aggravated inciting a riot. 402 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 403 893.13(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). 404 914.14(2) 3rd Witnesses accepting bribes. 405 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 406 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 407 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 408 918.12 3rd Tampering with jurors. 409 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 410 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 411 951.22(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. 412 Section 7.This act shall take effect October 1, 2025.