S 436

ENROLLED
2026 Legislature  CS for CS for SB 436
  2026436er
1
2An act relating to felony battery; amending s.
3775.082, F.S.; revising the definition of “prison
4releasee reoffender” to include a defendant who
5commits or attempts to commit battery on a law
6enforcement officer which results in bodily injury;
7amending s. 784.03, F.S.; providing enhanced criminal
8penalties for persons who commit a second or
9subsequent battery after having a prior conviction for
10resisting an officer with violence; reenacting ss.
11775.261(2)(a), (4)(g), (8), and (10), 900.05(2)(bb),
12903.011(6), 907.041(5)(c), 944.608(1) and (8),
13944.609(1), and 944.705(7)(a) and (b), F.S., relating
14to the Florida Career Offender Registration Act, the
15definition of the term “prison release reoffender
16flag,” pretrial release, pretrial detention,
17notification to the Department of Law Enforcement of
18information on career offenders, notification upon
19release of certain career offenders, and inmate
20release documents, respectively, to incorporate the
21amendment made to s. 775.082, F.S., in references
22thereto; reenacting s. 943.0584(2), F.S., relating to
23criminal history records ineligible for court-ordered
24expunction or court-ordered sealing, to incorporate
25the amendment made to s. 784.03, F.S., in a reference
26thereto; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30Section 1. Paragraph (a) of subsection (9) of section
31775.082, Florida Statutes, is amended to read:
32775.082 Penalties; applicability of sentencing structures;
33mandatory minimum sentences for certain reoffenders previously
34released from prison.—
35(9)(a)1. “Prison releasee reoffender” means any defendant
36who commits, or attempts to commit:
37a. Treason;
38b. Murder;
39c. Manslaughter;
40d. Sexual battery;
41e. Carjacking;
42f. Home-invasion robbery;
43g. Robbery;
44h. Arson;
45i. Kidnapping;
46j. Aggravated assault with a deadly weapon;
47k. Aggravated battery;
48l. Aggravated stalking;
49m. Aircraft piracy;
50n. Unlawful throwing, placing, or discharging of a
51destructive device or bomb;
52o. Any felony that involves the use or threat of physical
53force or violence against an individual;
54p. Armed burglary;
55q. Burglary of a dwelling or burglary of an occupied
56structure; or
57r. Any felony violation of s. 790.07, s. 800.04, s. 827.03,
58s. 827.071, or s. 847.0135(5); or
59s. Battery on a law enforcement officer which results in
60bodily injury;
61
62within 3 years after being released from a state correctional
63facility operated by the Department of Corrections or a private
64vendor, a county detention facility following incarceration for
65an offense for which the sentence pronounced was a prison
66sentence, or a correctional institution of another state, the
67District of Columbia, the United States, any possession or
68territory of the United States, or any foreign jurisdiction,
69following incarceration for an offense for which the sentence is
70punishable by more than 1 year in this state.
712. “Prison releasee reoffender” also means any defendant
72who commits or attempts to commit any offense listed in sub
73subparagraphs 1.a.-s. (a)1.a.-r. while the defendant was serving
74a prison sentence or on escape status from a state correctional
75facility operated by the Department of Corrections or a private
76vendor or while the defendant was on escape status from a
77correctional institution of another state, the District of
78Columbia, the United States, any possession or territory of the
79United States, or any foreign jurisdiction, following
80incarceration for an offense for which the sentence is
81punishable by more than 1 year in this state.
823. If the state attorney determines that a defendant is a
83prison releasee reoffender as defined in subparagraph 1., the
84state attorney may seek to have the court sentence the defendant
85as a prison releasee reoffender. Upon proof from the state
86attorney that establishes by a preponderance of the evidence
87that a defendant is a prison releasee reoffender as defined in
88this section, such defendant is not eligible for sentencing
89under the sentencing guidelines and must be sentenced as
90follows:
91a. For a felony punishable by life, by a term of
92imprisonment for life;
93b. For a felony of the first degree, by a term of
94imprisonment of 30 years;
95c. For a felony of the second degree, by a term of
96imprisonment of 15 years; and
97d. For a felony of the third degree, by a term of
98imprisonment of 5 years.
99Section 2. Subsection (2) of section 784.03, Florida
100Statutes, is amended to read:
101784.03 Battery; felony battery.—
102(2) A person who has one prior conviction for battery,
103aggravated battery, or felony battery, or resisting an officer
104with violence under s. 843.01 and who commits any second or
105subsequent battery commits a felony of the third degree,
106punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
107For purposes of this subsection, the term “conviction” means a
108determination of guilt that is the result of a plea or a trial,
109regardless of whether adjudication is withheld or a plea of nolo
110contendere is entered.
111Section 3. For the purpose of incorporating the amendment
112made by this act to section 775.082, Florida Statutes, in
113references thereto, paragraph (a) of subsection (2), paragraph
114(g) of subsection (4), and subsections (8) and (10) of section
115775.261, Florida Statutes, are reenacted to read:
116775.261 The Florida Career Offender Registration Act.—
117(2) DEFINITIONS.—As used in this section, the term:
118(a) “Career offender” means any person who is designated as
119a habitual violent felony offender, a violent career criminal,
120or a three-time violent felony offender under s. 775.084 or as a
121prison releasee reoffender under s. 775.082(9).
122(4) REGISTRATION.—
123(g) A career offender who indicates his or her intent to
124reside in a state or jurisdiction other than the State of
125Florida and later decides to remain in this state shall, within
1262 working days after the date upon which the career offender
127indicated he or she would leave this state, report in person to
128the sheriff or the department, whichever agency is the agency to
129which the career offender reported the intended change of
130residence, of his or her intent to remain in this state. If the
131sheriff is notified by the career offender that he or she
132intends to remain in this state, the sheriff shall promptly
133report this information to the department. A career offender who
134reports his or her intent to reside in a state or jurisdiction
135other than the State of Florida, but who remains in this state
136without reporting to the sheriff or the department in the manner
137required by this paragraph, commits a felony of the second
138degree, punishable as provided in s. 775.082, s. 775.083, or s.
139775.084.
140(8) PENALTIES.—
141(a) Except as otherwise specifically provided, a career
142offender who fails to register; who fails, after registration,
143to maintain, acquire, or renew a driver license or
144identification card; who fails to provide required location
145information or change-of-name information; or who otherwise
146fails, by act or omission, to comply with the requirements of
147this section, commits a felony of the third degree, punishable
148as provided in s. 775.082, s. 775.083, or s. 775.084.
149(b) Any person who misuses public records information
150concerning a career offender, as defined in this section, or a
151career offender, as defined in s. 944.608 or s. 944.609, to
152secure a payment from such career offender; who knowingly
153distributes or publishes false information concerning such a
154career offender which the person misrepresents as being public
155records information; or who materially alters public records
156information with the intent to misrepresent the information,
157including documents, summaries of public records information
158provided by law enforcement agencies, or public records
159information displayed by law enforcement agencies on websites or
160provided through other means of communication, commits a
161misdemeanor of the first degree, punishable as provided in s.
162775.082 or s. 775.083.
163(10) ASSISTING IN NONCOMPLIANCE.—It is a misdemeanor of the
164first degree, punishable as provided in s. 775.082 or s.
165775.083, for a person who has reason to believe that a career
166offender is not complying, or has not complied, with the
167requirements of this section and who, with the intent to assist
168the career offender in eluding a law enforcement agency that is
169seeking to find the career offender to question the career
170offender about, or to arrest the career offender for, his or her
171noncompliance with the requirements of this section, to:
172(a) Withhold information from, or fail to notify, the law
173enforcement agency about the career offender’s noncompliance
174with the requirements of this section and, if known, the
175whereabouts of the career offender;
176(b) Harbor or attempt to harbor, or assist another in
177harboring or attempting to harbor, the career offender;
178(c) Conceal or attempt to conceal, or assist another in
179concealing or attempting to conceal, the career offender; or
180(d) Provide information to the law enforcement agency
181regarding the career offender which the person knows to be
182false.
183Section 4. For the purpose of incorporating the amendment
184made by this act to section 775.082, Florida Statutes, in a
185reference thereto, paragraph (bb) of subsection (2) of section
186900.05, Florida Statutes, is reenacted to read:
187900.05 Criminal justice data collection.—
188(2) DEFINITIONS.—As used in this section, the term:
189(bb) “Prison releasee reoffender flag” means an indication
190that the defendant is a prison releasee reoffender as defined in
191s. 775.082 or any other statute.
192Section 5. For the purpose of incorporating the amendment
193made by this act to section 775.082, Florida Statutes, in a
194reference thereto, subsection (6) of section 903.011, Florida
195Statutes, is reenacted to read:
196903.011 Pretrial release; general terms; statewide uniform
197bond schedule.—
198(6) A person may not be released before his or her first
199appearance hearing or bail determination and a judge must
200determine the appropriate bail, if any, based on an
201individualized consideration of the criteria in s. 903.046(2),
202if the person meets any of the following criteria:
203(a) The person was, at the time of arrest for any felony,
204on pretrial release, probation, or community control in this
205state or any other state;
206(b) The person was, at the time of arrest, designated as a
207sexual offender or sexual predator in this state or any other
208state;
209(c) The person was arrested for violating a protective
210injunction;
211(d) The person was, at the time of arrest, on release from
212supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
213944.4731;
214(e) The person has, at any time before the current arrest,
215been sentenced pursuant to s. 775.082(9) or s. 775.084 as a
216prison releasee reoffender, habitual violent felony offender,
217three-time violent felony offender, or violent career criminal;
218(f) The person has been arrested three or more times in the
2196 months immediately preceding his or her arrest for the current
220offense; or
221(g) The person’s current offense of arrest is for one or
222more of the following crimes:
2231. A capital felony, life felony, felony of the first
224degree, or felony of the second degree;
2252. A homicide under chapter 782; or any attempt,
226solicitation, or conspiracy to commit a homicide;
2273. Assault in furtherance of a riot or an aggravated riot;
228felony battery; domestic battery by strangulation; domestic
229violence, as defined in s. 741.28; stalking; mob intimidation;
230assault or battery on a law enforcement officer; assault or
231battery on juvenile probation officer, or other staff of a
232detention center or commitment facility, or a staff member of a
233commitment facility, or health services personnel; assault or
234battery on a person 65 years of age or older; robbery; burglary;
235carjacking; or resisting an officer with violence;
2364. Kidnapping, false imprisonment, human trafficking, or
237human smuggling;
2385. Possession of a firearm or ammunition by a felon,
239violent career criminal, or person subject to an injunction
240against committing acts of domestic violence, stalking, or
241cyberstalking;
2426. Sexual battery; indecent, lewd, or lascivious touching;
243exposure of sexual organs; incest; luring or enticing a child;
244or child pornography;
2457. Abuse, neglect, or exploitation of an elderly person or
246disabled adult;
2478. Child abuse or aggravated child abuse;
2489. Arson; riot, aggravated riot, inciting a riot, or
249aggravated inciting a riot; or a burglary or theft during a
250riot;
25110. Escape; tampering or retaliating against a witness,
252victim, or informant; destruction of evidence; or tampering with
253a jury;
25411. Any offense committed for the purpose of benefiting,
255promoting, or furthering the interests of a criminal gang;
25612. Trafficking in a controlled substance, including
257conspiracy to engage in trafficking in a controlled substance;
25813. Racketeering; or
25914. Failure to appear at required court proceedings while
260on bail.
261Section 6. For the purpose of incorporating the amendment
262made by this act to section 775.082, Florida Statutes, in a
263reference thereto, paragraph (c) of subsection (5) of section
264907.041, Florida Statutes, is reenacted to read:
265907.041 Pretrial detention and release.—
266(5) PRETRIAL DETENTION.—
267(c) Upon motion by the state attorney, the court may order
268pretrial detention if it finds a substantial probability, based
269on a defendant’s past and present patterns of behavior, the
270criteria in s. 903.046, and any other relevant facts, that any
271of the following circumstances exist:
2721. The defendant has previously violated conditions of
273release and that no further conditions of release are reasonably
274likely to assure the defendant’s appearance at subsequent
275proceedings;
2762. The defendant, with the intent to obstruct the judicial
277process, has threatened, intimidated, or injured any victim,
278potential witness, juror, or judicial officer, or has attempted
279or conspired to do so, and that no condition of release will
280reasonably prevent the obstruction of the judicial process;
2813. The defendant is charged with trafficking in controlled
282substances as defined by s. 893.135, that there is a substantial
283probability that the defendant has committed the offense, and
284that no conditions of release will reasonably assure the
285defendant’s appearance at subsequent criminal proceedings;
2864. The defendant is charged with DUI manslaughter, as
287defined by s. 316.193, and that there is a substantial
288probability that the defendant committed the crime and that the
289defendant poses a threat of harm to the community; conditions
290that would support a finding by the court pursuant to this
291subparagraph that the defendant poses a threat of harm to the
292community include, but are not limited to, any of the following:
293a. The defendant has previously been convicted of any crime
294under s. 316.193, or of any crime in any other state or
295territory of the United States that is substantially similar to
296any crime under s. 316.193;
297b. The defendant was driving with a suspended driver
298license when the charged crime was committed; or
299c. The defendant has previously been found guilty of, or
300has had adjudication of guilt withheld for, driving while the
301defendant’s driver license was suspended or revoked in violation
302of s. 322.34;
3035. The defendant poses the threat of harm to the community.
304The court may so conclude, if it finds that the defendant is
305presently charged with a dangerous crime, that there is a
306substantial probability that the defendant committed such crime,
307that the factual circumstances of the crime indicate a disregard
308for the safety of the community, and that there are no
309conditions of release reasonably sufficient to protect the
310community from the risk of physical harm to persons;
3116. The defendant was on probation, parole, or other release
312pending completion of sentence or on pretrial release for a
313dangerous crime at the time the current offense was committed;
3147. The defendant has violated one or more conditions of
315pretrial release or bond for the offense currently before the
316court and the violation, in the discretion of the court,
317supports a finding that no conditions of release can reasonably
318protect the community from risk of physical harm to persons or
319assure the presence of the accused at trial; or
3208.a. The defendant has ever been sentenced pursuant to s.
321775.082(9) or s. 775.084 as a prison releasee reoffender,
322habitual violent felony offender, three-time violent felony
323offender, or violent career criminal, or the state attorney
324files a notice seeking that the defendant be sentenced pursuant
325to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
326habitual violent felony offender, three-time violent felony
327offender, or violent career criminal;
328b. There is a substantial probability that the defendant
329committed the offense; and
330c. There are no conditions of release that can reasonably
331protect the community from risk of physical harm or ensure the
332presence of the accused at trial.
333Section 7. For the purpose of incorporating the amendment
334made by this act to section 775.082, Florida Statutes, in
335references thereto, subsections (1) and (8) of section 944.608,
336Florida Statutes, are reenacted to read:
337944.608 Notification to Department of Law Enforcement of
338information on career offenders.—
339(1) As used in this section, the term “career offender”
340means a person who is in the custody or control of, or under the
341supervision of, the department or is in the custody or control
342of, or under the supervision of, a contractor-operated
343correctional facility, and who is designated as a habitual
344violent felony offender, a violent career criminal, or a three
345time violent felony offender under s. 775.084 or as a prison
346releasee reoffender under s. 775.082(9).
347(8) The failure of a career offender to submit to the
348taking of a digitized photograph, or to otherwise comply with
349the requirements of this section, is a felony of the third
350degree, punishable as provided in s. 775.082, s. 775.083, or s.
351775.084.
352Section 8. For the purpose of incorporating the amendment
353made by this act to section 775.082, Florida Statutes, in a
354reference thereto, subsection (1) of section 944.609, Florida
355Statutes, is reenacted to read:
356944.609 Career offenders; notification upon release.—
357(1) As used in this section, the term “career offender”
358means a person who is in the custody or control of, or under the
359supervision of, the department or is in the custody or control
360of, or under the supervision of a contractor-operated
361correctional facility, who is designated as a habitual violent
362felony offender, a violent career criminal, or a three-time
363violent felony offender under s. 775.084 or as a prison releasee
364reoffender under s. 775.082(9).
365Section 9. For the purpose of incorporating the amendment
366made by this act to section 775.082, Florida Statutes, in a
367reference thereto, paragraphs (a) and (b) of subsection (7) of
368section 944.705, Florida Statutes, are reenacted to read:
369944.705 Release orientation program.—
370(7)(a) The department shall notify every inmate in the
371inmate’s release documents:
3721. Of all outstanding terms of the inmate’s sentence at the
373time of release to assist the inmate in determining his or her
374status with regard to the completion of all terms of sentence,
375as that term is defined in s. 98.0751. This subparagraph does
376not apply to inmates who are being released from the custody of
377the department to any type of supervision monitored by the
378department; and
3792. In not less than 18-point type, that the inmate may be
380sentenced pursuant to s. 775.082(9) if the inmate commits any
381felony offense described in s. 775.082(9) within 3 years after
382the inmate’s release. This notice must be prefaced by the word
383“WARNING” in boldfaced type.
384(b) This section does not preclude the sentencing of a
385person pursuant to s. 775.082(9), and evidence that the
386department failed to provide this notice does not prohibit a
387person from being sentenced pursuant to s. 775.082(9). The state
388is not required to demonstrate that a person received any notice
389from the department in order for the court to impose a sentence
390pursuant to s. 775.082(9).
391Section 10. For the purpose of incorporating the amendment
392made by this act to section 784.03, Florida Statutes, in a
393reference thereto, subsection (2) of section 943.0584, Florida
394Statutes, is reenacted to read:
395943.0584 Criminal history records ineligible for court
396ordered expunction or court-ordered sealing.—
397(2) A criminal history record is ineligible for a
398certificate of eligibility for expunction or a court-ordered
399expunction pursuant to s. 943.0585 or a certificate of
400eligibility for sealing or a court-ordered sealing pursuant to
401s. 943.059 if the record is a conviction for any of the
402following offenses:
403(a) Sexual misconduct, as defined in s. 393.135, s.
404394.4593, or s. 916.1075;
405(b) Illegal use of explosives, as defined in chapter 552;
406(c) Terrorism, as defined in s. 775.30;
407(d) Murder, as defined in s. 782.04, s. 782.065, or s.
408782.09;
409(e) Manslaughter or homicide, as defined in s. 782.07, s.
410782.071, or s. 782.072;
411(f) Assault or battery, as defined in ss. 784.011 and
412784.03, respectively, of one family or household member by
413another family or household member, as defined in s. 741.28(3);
414(g) Aggravated assault, as defined in s. 784.021;
415(h) Felony battery, domestic battery by strangulation, or
416aggravated battery, as defined in ss. 784.03, 784.041, and
417784.045, respectively;
418(i) Stalking or aggravated stalking, as defined in s.
419784.048;
420(j) Luring or enticing a child, as defined in s. 787.025;
421(k) Human trafficking, as defined in s. 787.06;
422(l) Kidnapping or false imprisonment, as defined in s.
423787.01 or s. 787.02;
424(m) Any offense defined in chapter 794;
425(n) Procuring a person less than 18 years of age for
426prostitution, as defined in former s. 796.03;
427(o) Lewd or lascivious offenses committed upon or in the
428presence of persons less than 16 years of age, as defined in s.
429800.04;
430(p) Arson, as defined in s. 806.01;
431(q) Burglary of a dwelling, as defined in s. 810.02;
432(r) Voyeurism or digital voyeurism, as defined in ss.
433810.14 and 810.145, respectively;
434(s) Robbery or robbery by sudden snatching, as defined in
435ss. 812.13 and 812.131, respectively;
436(t) Carjacking, as defined in s. 812.133;
437(u) Home-invasion robbery, as defined in s. 812.135;
438(v) A violation of the Florida Communications Fraud Act, as
439provided in s. 817.034;
440(w) Abuse of an elderly person or disabled adult, or
441aggravated abuse of an elderly person or disabled adult, as
442defined in s. 825.102;
443(x) Lewd or lascivious offenses committed upon or in the
444presence of an elderly person or disabled person, as defined in
445s. 825.1025;
446(y) Child abuse or aggravated child abuse, as defined in s.
447827.03;
448(z) Sexual performance by a child, as defined in s.
449827.071;
450(aa) Any offense defined in chapter 839;
451(bb) Certain acts in connection with obscenity, as defined
452in s. 847.0133;
453(cc) Any offense defined in s. 847.0135;
454(dd) Selling or buying of minors, as defined in s.
455847.0145;
456(ee) Aircraft piracy, as defined in s. 860.16;
457(ff) Manufacturing a controlled substance in violation of
458chapter 893;
459(gg) Drug trafficking, as defined in s. 893.135; or
460(hh) Any violation specified as a predicate offense for
461registration as a sexual predator pursuant to s. 775.21, or
462sexual offender pursuant to s. 943.0435, without regard to
463whether that offense alone is sufficient to require such
464registration.
465Section 11. This act shall take effect July 1, 2026.