THE BILL ITSELF
CS/HB 623
Felony Battery
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A bill to be entitled
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An act relating to felony battery; amending s. 784.03,
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F.S.; providing enhanced criminal penalties for
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persons who commit a subsequent battery after having a
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prior conviction for resisting an officer with
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violence; reenacting s. 943.0584(2), F.S., relating to
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criminal history records ineligible for court-ordered
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expunction or court-ordered sealing, to incorporate
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the amendment made to s. 784.03, F.S., in a reference
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 784.03, Florida Statutes, is amended to read:
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784.03 Battery; felony battery.—
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(2) A person who has one prior conviction for battery,
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aggravated battery, or felony battery, or resisting an officer
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with violence under s. 843.01 and who commits any second or
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subsequent battery commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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For purposes of this subsection, the term "conviction" means a
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determination of guilt that is the result of a plea or a trial,
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regardless of whether adjudication is withheld or a plea of nolo
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contendere is entered.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 784.03, Florida Statutes, in a
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reference thereto, subsection (2) of section 943.0584, Florida
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Statutes, is reenacted to read:
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943.0584 Criminal history records ineligible for court-
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ordered expunction or court-ordered sealing.—
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(2) A criminal history record is ineligible for a
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certificate of eligibility for expunction or a court-ordered
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expunction pursuant to s. 943.0585 or a certificate of
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eligibility for sealing or a court-ordered sealing pursuant to
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s. 943.059 if the record is a conviction for any of the
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following offenses:
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(a) Sexual misconduct, as defined in s. 393.135, s.
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394.4593, or s. 916.1075;
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(b) Illegal use of explosives, as defined in chapter 552;
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(c) Terrorism, as defined in s. 775.30;
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(d) Murder, as defined in s. 782.04, s. 782.065, or s.
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782.09;
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(e) Manslaughter or homicide, as defined in s. 782.07, s.
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782.071, or s. 782.072;
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(f) Assault or battery, as defined in ss. 784.011 and
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784.03, respectively, of one family or household member by
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another family or household member, as defined in s. 741.28(3);
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(g) Aggravated assault, as defined in s. 784.021;
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(h) Felony battery, domestic battery by strangulation, or
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aggravated battery, as defined in ss. 784.03, 784.041, and
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784.045, respectively;
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(i) Stalking or aggravated stalking, as defined in s.
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784.048;
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(j) Luring or enticing a child, as defined in s. 787.025;
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(k) Human trafficking, as defined in s. 787.06;
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(l) Kidnapping or false imprisonment, as defined in s.
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787.01 or s. 787.02;
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(m) Any offense defined in chapter 794;
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(n) Procuring a person less than 18 years of age for
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prostitution, as defined in former s. 796.03;
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(o) Lewd or lascivious offenses committed upon or in the
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presence of persons less than 16 years of age, as defined in s.
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800.04;
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(p) Arson, as defined in s. 806.01;
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(q) Burglary of a dwelling, as defined in s. 810.02;
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(r) Voyeurism or digital voyeurism, as defined in ss.
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810.14 and 810.145, respectively;
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(s) Robbery or robbery by sudden snatching, as defined in
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ss. 812.13 and 812.131, respectively;
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(t) Carjacking, as defined in s. 812.133;
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(u) Home-invasion robbery, as defined in s. 812.135;
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(v) A violation of the Florida Communications Fraud Act,
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as provided in s. 817.034;
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(w) Abuse of an elderly person or disabled adult, or
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aggravated abuse of an elderly person or disabled adult, as
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defined in s. 825.102;
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(x) Lewd or lascivious offenses committed upon or in the
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presence of an elderly person or disabled person, as defined in
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s. 825.1025;
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(y) Child abuse or aggravated child abuse, as defined in
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s. 827.03;
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(z) Sexual performance by a child, as defined in s.
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827.071;
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(aa) Any offense defined in chapter 839;
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(bb) Certain acts in connection with obscenity, as defined
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in s. 847.0133;
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(cc) Any offense defined in s. 847.0135;
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(dd) Selling or buying of minors, as defined in s.
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847.0145;
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(ee) Aircraft piracy, as defined in s. 860.16;
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(ff) Manufacturing a controlled substance in violation of
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chapter 893;
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(gg) Drug trafficking, as defined in s. 893.135; or
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(hh) Any violation specified as a predicate offense for
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registration as a sexual predator pursuant to s. 775.21, or
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sexual offender pursuant to s. 943.0435, without regard to
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whether that offense alone is sufficient to require such
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registration.
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Section 3. This act shall take effect July 1, 2026.