SB 234 First Engrossed
2025234e1
1 A bill to be entitled
2 An act relating to criminal offenses against law
3 enforcement officers and other personnel; providing a
4 short title; amending s. 776.051, F.S.; revising a
5 prohibition on the use or threatened use of force to
6 resist arrest or detention; defining the term “acting
7 in good faith”; amending s. 782.065, F.S.; providing
8 for enhanced punishment for manslaughter when
9 committed against specified officers; revising
10 applicability; amending s. 784.07, F.S.; revising the
11 definition of the term “law enforcement officer”;
12 revising provisions concerning assault or battery upon
13 specified officers and other personnel; amending s.
14 843.01, F.S.; revising a provision concerning
15 resisting, obstructing, or opposing specified officers
16 or legally authorized persons; amending s. 921.0022,
17 F.S.; increasing the level on the offense severity
18 ranking chart for committing battery on law
19 enforcement officers and other specified personnel;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. This act may be cited as the “Officer Jason
25 Raynor Act.”
26 Section 2. Section 776.051, Florida Statutes, is amended to
27 read:
28 776.051 Use or threatened use of force in resisting arrest
29 or detention making an arrest or in the execution of a legal
30 duty; prohibition.—
31 (1) A person is not justified in the use or threatened use
32 of force to resist a lawful or an unlawful an arrest or
33 detention by a law enforcement officer, or to resist a law
34 enforcement officer acting in the performance of his or her
35 official duties as described in s. 943.10(1) who is engaged in
36 the execution of a legal duty, if the law enforcement officer
37 was acting in good faith and he or she is known, or reasonably
38 appears, to be a law enforcement officer. As used in this
39 section, the term “acting in good faith” means to make sincere
40 and reasonable efforts to comply with legal requirements, even
41 if the arrest, detention, or other act is later found to have
42 been unlawful.
43 (2) A law enforcement officer, or any person whom the
44 officer has summoned or directed to assist him or her, is not
45 justified in the use of force if the arrest or execution of a
46 legal duty is unlawful and known by him or her to be unlawful.
47 Section 3. Section 782.065, Florida Statutes, is amended to
48 read:
49 782.065 Murder; law enforcement officer, correctional
50 officer, correctional probation officer.—Notwithstanding ss.
51 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant
52 must shall be sentenced to life imprisonment without eligibility
53 for release upon findings by the trier of fact that, beyond a
54 reasonable doubt:
55 (1) The defendant committed murder in the first degree in
56 violation of s. 782.04(1) and a death sentence was not imposed;
57 murder in the second or third degree in violation of s.
58 782.04(2), (3), or (4); attempted murder in the first or second
59 degree in violation of s. 782.04(1)(a)1. or (2); or attempted
60 felony murder in violation of s. 782.051; or manslaughter in
61 violation of s. 782.07(1); and
62 (2) The victim of any offense described in subsection (1)
63 was a law enforcement officer, part-time law enforcement
64 officer, auxiliary law enforcement officer, correctional
65 officer, part-time correctional officer, auxiliary correctional
66 officer, correctional probation officer, part-time correctional
67 probation officer, or auxiliary correctional probation officer,
68 as those terms are defined in s. 943.10, who was acting in the
69 performance of his or her official duties as described in s.
70 943.10 engaged in the lawful performance of a legal duty.
71 Section 4. Paragraph (e) of subsection (1) and subsection
72 (2) of section 784.07, Florida Statutes, are amended to read:
73 784.07 Assault or battery of law enforcement officers and
74 other specified personnel; reclassification of offenses; minimum
75 sentences.—
76 (1) As used in this section, the term:
77 (e) “Law enforcement officer” includes a law enforcement
78 officer, a correctional officer, a correctional probation
79 officer, a part-time law enforcement officer, a part-time
80 correctional officer, an auxiliary law enforcement officer, and
81 an auxiliary correctional officer, as those terms are
82 respectively defined in s. 943.10, and any county probation
83 officer; an employee or agent of the Department of Corrections
84 who supervises or provides services to inmates; an officer of
85 the Florida Commission on Offender Review; a federal law
86 enforcement officer as defined in s. 901.1505; and law
87 enforcement personnel of the Fish and Wildlife Conservation
88 Commission, the Department of Environmental Protection, or the
89 Department of Law Enforcement. The duties and responsibilities
90 of these respective positions are described in s. 943.10.
91 (2) Whenever any person is charged with knowingly
92 committing an assault or battery upon a law enforcement officer,
93 a firefighter, an emergency medical care provider, hospital
94 personnel, a railroad special officer, a traffic accident
95 investigation officer as described in s. 316.640, a nonsworn law
96 enforcement agency employee who is certified as an agency
97 inspector, a blood alcohol analyst, or a breath test operator
98 while such employee is in uniform and engaged in processing,
99 testing, evaluating, analyzing, or transporting a person who is
100 detained or under arrest for DUI, a law enforcement explorer, a
101 traffic infraction enforcement officer as described in s.
102 316.640, a parking enforcement specialist as defined in s.
103 316.640, a person licensed as a security officer as defined in
104 s. 493.6101 and wearing a uniform that bears at least one patch
105 or emblem that is visible at all times that clearly identifies
106 the employing agency and that clearly identifies the person as a
107 licensed security officer, or a security officer employed by the
108 board of trustees of a community college, while the officer,
109 firefighter, emergency medical care provider, hospital
110 personnel, railroad special officer, traffic accident
111 investigation officer, traffic infraction enforcement officer,
112 inspector, analyst, operator, law enforcement explorer, parking
113 enforcement specialist, public transit employee or agent, or
114 security officer who is acting in the performance of his or her
115 official duties is engaged in the lawful performance of his or
116 her duties, the offense for which the person is charged shall be
117 reclassified as follows:
118 (a) In the case of assault, from a misdemeanor of the
119 second degree to a misdemeanor of the first degree.
120 (b) In the case of battery, from a misdemeanor of the first
121 degree to a felony of the third degree. Notwithstanding any
122 other provision of law, a person convicted of battery upon a law
123 enforcement officer committed in furtherance of a riot or an
124 aggravated riot prohibited under s. 870.01 shall be sentenced to
125 a minimum term of imprisonment of 6 months.
126 (c) In the case of aggravated assault, from a felony of the
127 third degree to a felony of the second degree. Notwithstanding
128 any other provision of law, any person convicted of aggravated
129 assault upon a law enforcement officer shall be sentenced to a
130 minimum term of imprisonment of 3 years.
131 (d) In the case of aggravated battery, from a felony of the
132 second degree to a felony of the first degree. Notwithstanding
133 any other provision of law, any person convicted of aggravated
134 battery of a law enforcement officer shall be sentenced to a
135 minimum term of imprisonment of 5 years.
136 Section 5. Subsection (1) of section 843.01, Florida
137 Statutes, is amended to read:
138 843.01 Resisting, obstructing, or opposing by offering or
139 doing violence to legally authorized person, police canine, or
140 police horse.—
141 (1) Whoever knowingly and willfully resists, obstructs, or
142 opposes any officer as defined in s. 943.10(1), (2), (3), (6),
143 (7), (8), or (9); member of the Florida Commission on Offender
144 Review or any administrative aide or supervisor employed by the
145 commission; parole and probation supervisor; county probation
146 officer; personnel or representative of the Department of Law
147 Enforcement; or other person legally authorized to execute
148 process in the execution of legal process or acting in the
149 performance of his or her official duties as described in s.
150 943.10 in the lawful execution of any legal duty, by offering or
151 doing violence to the person of such officer or legally
152 authorized person, commits a felony of the third degree,
153 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
154 Section 6. Paragraphs (d) and (e) of subsection (3) of
155 section 921.0022, Florida Statutes, are amended to read:
156 921.0022 Criminal Punishment Code; offense severity ranking
157 chart.—
158 (3) OFFENSE SEVERITY RANKING CHART
159 (d) LEVEL 4
160
161 FloridaStatute FelonyDegree Description
162 104.155 3rd Unqualified noncitizen electors voting; aiding or soliciting noncitizen electors in voting.
163 316.1935(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.
164 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
165 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
166 517.07(1) 3rd Failure to register securities.
167 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
168 784.031 3rd Battery by strangulation.
169 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
170 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
171 784.075 3rd Battery on detention or commitment facility staff.
172 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
173 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
174 784.081(3) 3rd Battery on specified official or employee.
175 784.082(3) 3rd Battery by detained person on visitor or other detainee.
176 784.083(3) 3rd Battery on code inspector.
177 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
178 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
179 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
180 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
181 787.07 3rd Human smuggling.
182 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
183 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
184 790.115(2)(c) 3rd Possessing firearm on school property.
185 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
186 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
187 806.135 2nd Destroying or demolishing a memorial or historic property.
188 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
189 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
190 810.06 3rd Burglary; possession of tools.
191 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
192 810.145(3)(b) 3rd Digital voyeurism dissemination.
193 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
194 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
195 812.014(2)(d)2. 3rd Grand theft, 3rd degree; $750 or more taken from dwelling or its unenclosed curtilage.
196 812.014(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.
197 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
198 817.505(4)(a) 3rd Patient brokering.
199 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
200 817.568(2)(a) 3rd Fraudulent use of personal identification information.
201 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
202 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
203 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
204 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
205 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
206 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
207 837.02(1) 3rd Perjury in official proceedings.
208 837.021(1) 3rd Make contradictory statements in official proceedings.
209 838.022 3rd Official misconduct.
210 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
211 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
212 843.021 3rd Possession of a concealed handcuff key by a person in custody.
213 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
214 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
215 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
216 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
217 870.01(3) 2nd Aggravated rioting.
218 870.01(5) 2nd Aggravated inciting a riot.
219 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
220 893.13(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).
221 914.14(2) 3rd Witnesses accepting bribes.
222 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
223 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
224 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
225 918.12 3rd Tampering with jurors.
226 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
227 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
228 951.22(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.
229
230 (e) LEVEL 5
231
232 FloridaStatute FelonyDegree Description
233 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
234 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
235 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
236 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
237 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
238 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
239 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
240 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
241 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
242 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
243 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
244 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
245 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
246 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
247 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
248 790.01(3) 3rd Unlawful carrying of a concealed firearm.
249 790.162 2nd Threat to throw or discharge destructive device.
250 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
251 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
252 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
253 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
254 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
255 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
256 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
257 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
258 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
259 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
260 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
261 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
262 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
263 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
264 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
265 812.019(1) 2nd Stolen property; dealing in or trafficking in.
266 812.081(3) 2nd Trafficking in trade secrets.
267 812.131(2)(b) 3rd Robbery by sudden snatching.
268 812.16(2) 3rd Owning, operating, or conducting a chop shop.
269 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
270 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
271 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
272 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
273 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
274 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
275 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
276 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
277 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
278 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
279 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
280 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
281 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
282 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
283 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
284 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
285 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
286 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
287 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
288 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
289 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
290 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
291 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
292 Section 7. This act shall take effect October 1, 2025.