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THE BILL ITSELF

CS/SB 890

Felony Battery

VERSION S 890 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 890 By the Committee on Criminal Justice; and Senator Martin 591-02056-26 2026890c1
1 A bill to be entitled
2 An act relating to felony battery; amending s.
3 784.031, F.S.; revising the elements of the offense of
4 battery by strangulation to delete creating a risk of
5 or causing great bodily harm to another; amending s.
6 784.041, F.S.; revising the elements of the offense of
7 domestic battery by strangulation to delete creating a
8 risk of or causing great bodily harm to another;
9 amending s. 921.0022, F.S.; reclassifying the offense
10 of battery by strangulation for the purposes of the
11 offense severity ranking chart of the Criminal
12 Punishment Code; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. Section 784.031, Florida Statutes, is amended to
17 read:
18 784.031 Battery by strangulation.—
19 (1) A person commits battery by strangulation if he or she
20 knowingly and intentionally, against the will of another person,
21 impedes the normal breathing or circulation of the blood of that
22 person so as to create a risk of or cause great bodily harm by
23 applying pressure on the throat or neck of the other person or
24 by blocking the nose or mouth of the other person. This
25 subsection does not apply to any act of medical diagnosis,
26 treatment, or prescription which is authorized under the laws of
27 this state.
28 (2) A person who violates subsection (1) commits a felony
29 of the third degree, punishable as provided in s. 775.082, s.
30 775.083, or s. 775.084.
31 Section 2. Section 784.041, Florida Statutes, is amended to
32 read:
33 784.041 Felony battery; domestic battery by strangulation.—
34 (1) A person commits felony battery if he or she:
35 (a) Actually and intentionally touches or strikes another
36 person against the will of the other; and
37 (b) Causes great bodily harm, permanent disability, or
38 permanent disfigurement.
39 (2)(a) A person commits domestic battery by strangulation
40 if the person knowingly and intentionally, against the will of
41 another, impedes the normal breathing or circulation of the
42 blood of a family or household member or of a person with whom
43 he or she is in a dating relationship , so as to create a risk of
44 or cause great bodily harm by applying pressure on the throat or
45 neck of the other person or by blocking the nose or mouth of the
46 other person. This paragraph does not apply to any act of
47 medical diagnosis, treatment, or prescription which is
48 authorized under the laws of this state.
49 (b) As used in this subsection, the term:
50 1. “Family or household member” has the same meaning as in
51 s. 741.28.
52 2. “Dating relationship” means a continuing and significant
53 relationship of a romantic or intimate nature.
54 (3) A person who commits felony battery or domestic battery
55 by strangulation commits a felony of the third degree,
56 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
57 Section 3. Paragraphs (d) and (f) of subsection (3) of
58 section 921.0022, Florida Statutes, are amended to read:
59 921.0022 Criminal Punishment Code; offense severity ranking
60 chart.—
61 (3) OFFENSE SEVERITY RANKING CHART
62 (d) LEVEL 4
64 FloridaStatute FelonyDegree Description
65 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
66 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
67 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
68 517.07(1) 3rd Failure to register securities.
69 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
70 784.031 3rd Battery by strangulation.
71 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
72 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
73 784.075 3rd Battery on detention or commitment facility staff.
74 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
75 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
76 784.081(3) 3rd Battery on specified official or employee.
77 784.082(3) 3rd Battery by detained person on visitor or other detainee.
78 784.083(3) 3rd Battery on code inspector.
79 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
80 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
81 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
82 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
83 787.07 3rd Human smuggling.
84 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
85 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
86 790.115(2)(c) 3rd Possessing firearm on school property.
87 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
88 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
89 806.135 2nd Destroying or demolishing a memorial or historic property.
90 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
91 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
92 810.06 3rd Burglary; possession of tools.
93 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
94 810.145(3)(b) 3rd Digital voyeurism dissemination.
95 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
96 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
97 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
98 812.014(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.
99 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
100 817.505(4)(a) 3rd Patient brokering.
101 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
102 817.568(2)(a) 3rd Fraudulent use of personal identification information.
103 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
104 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
105 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
106 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
107 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
108 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
109 837.02(1) 3rd Perjury in official proceedings.
110 837.021(1) 3rd Make contradictory statements in official proceedings.
111 838.022 3rd Official misconduct.
112 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
113 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
114 843.021 3rd Possession of a concealed handcuff key by a person in custody.
115 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
116 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
117 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
118 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
119 870.01(3) 2nd Aggravated rioting.
120 870.01(5) 2nd Aggravated inciting a riot.
121 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
122 893.13(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).
123 914.14(2) 3rd Witnesses accepting bribes.
124 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
125 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
126 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
127 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
128 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
129 951.22(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.
131 (f) LEVEL 6
133 FloridaStatute FelonyDegree Description
134 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
135 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
136 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
137 327.30(5)(a)3. 2nd Vessel accidents involving serious bodily injury; leaving scene.
138 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
139 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
140 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
141 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
142 775.0875(1) 3rd Taking firearm from law enforcement officer.
143 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
144 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
145 784.031 3rd Battery by strangulation.
146 784.041 3rd Felony battery; domestic battery by strangulation.
147 784.048(3) 3rd Aggravated stalking; credible threat.
148 784.048(5) 3rd Aggravated stalking of person under 16.
149 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
150 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
151 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
152 784.081(2) 2nd Aggravated assault on specified official or employee.
153 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
154 784.083(2) 2nd Aggravated assault on code inspector.
155 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
156 787.025(2)(a) 3rd Luring or enticing a child.
157 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
158 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
159 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
160 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
161 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
162 794.05(1) 2nd Unlawful sexual activity with specified minor.
163 800.04(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.
164 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
165 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
166 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
167 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense.
168 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
169 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
170 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
171 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
172 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
173 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
174 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform.
175 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
176 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
177 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
178 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
179 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
180 825.102(1) 3rd Abuse of an elderly person or disabled adult.
181 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
182 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
183 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
184 827.03(2)(c) 3rd Abuse of a child.
185 827.03(2)(d) 3rd Neglect of a child.
186 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
187 828.126(3) 3rd Sexual activities involving animals.
188 836.05 2nd Threats; extortion.
189 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
190 843.12 3rd Aids or assists person to escape.
191 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
192 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
193 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
194 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
195 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
196 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
197 944.35(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.
198 944.40 2nd Escapes.
199 944.46 3rd Harboring, concealing, aiding escaped prisoners.
200 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
201 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
203 Section 4. This act shall take effect July 1, 2026.