Florida SB 436: Education

Bill Text

436 
Felony Battery 
2026-03-18T11:34:54Z 
Revising the definition of “prison releasee reoffender” to include a defendant who commits or attempts to commit battery on a law enforcement officer which results in bodily injury; providing enhanced criminal penalties for persons who commit a second or subsequent battery after having a prior conviction for resisting an officer with violence, etc. 
ENROLLED 
2026 
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2026-07-01T00:00:00Z 
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General Bill 
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 ENROLLED 
 2026 Legislature CS for CS for SB 436 

 2026436er 
 1 
 2 An act relating to felony battery; amending s. 
 3 775.082, F.S.; revising the definition of “prison 
 4 releasee reoffender” to include a defendant who 
 5 commits or attempts to commit battery on a law 
 6 enforcement officer which results in bodily injury; 
 7 amending s. 784.03, F.S.; providing enhanced criminal 
 8 penalties for persons who commit a second or 
 9 subsequent battery after having a prior conviction for 
 10 resisting an officer with violence; reenacting ss. 
 11 775.261(2)(a), (4)(g), (8), and (10), 900.05(2)(bb), 
 12 903.011(6), 907.041(5)(c), 944.608(1) and (8), 
 13 944.609(1), and 944.705(7)(a) and (b), F.S., relating 
 14 to the Florida Career Offender Registration Act, the 
 15 definition of the term “prison release reoffender 
 16 flag,” pretrial release, pretrial detention, 
 17 notification to the Department of Law Enforcement of 
 18 information on career offenders, notification upon 
 19 release of certain career offenders, and inmate 
 20 release documents, respectively, to incorporate the 
 21 amendment made to s. 775.082, F.S., in references 
 22 thereto; reenacting s. 943.0584(2), F.S., relating to 
 23 criminal history records ineligible for court-ordered 
 24 expunction or court-ordered sealing, to incorporate 
 25 the amendment made to s. 784.03, F.S., in a reference 
 26 thereto; providing an effective date. 
 27 
 28 Be It Enacted by the Legislature of the State of Florida: 
 29 
 30 Section 1. Paragraph (a) of subsection (9) of section 
 31 775.082, Florida Statutes, is amended to read: 
 32 775.082 Penalties; applicability of sentencing structures; 
 33 mandatory minimum sentences for certain reoffenders previously 
 34 released from prison.— 
 35 (9)(a)1. “Prison releasee reoffender” means any defendant 
 36 who commits, or attempts to commit: 
 37 a. Treason; 
 38 b. Murder; 
 39 c. Manslaughter; 
 40 d. Sexual battery; 
 41 e. Carjacking; 
 42 f. Home-invasion robbery; 
 43 g. Robbery; 
 44 h. Arson; 
 45 i. Kidnapping; 
 46 j. Aggravated assault with a deadly weapon; 
 47 k. Aggravated battery; 
 48 l. Aggravated stalking; 
 49 m. Aircraft piracy; 
 50 n. Unlawful throwing, placing, or discharging of a 
 51 destructive device or bomb; 
 52 o. Any felony that involves the use or threat of physical 
 53 force or violence against an individual; 
 54 p. Armed burglary; 
 55 q. Burglary of a dwelling or burglary of an occupied 
 56 structure; or 
 57 r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, 
 58 s. 827.071, or s. 847.0135(5); or 
 59 s. Battery on a law enforcement officer which results in 
 60 bodily injury; 
 61 
 62 within 3 years after being released from a state correctional 
 63 facility operated by the Department of Corrections or a private 
 64 vendor, a county detention facility following incarceration for 
 65 an offense for which the sentence pronounced was a prison 
 66 sentence, or a correctional institution of another state, the 
 67 District of Columbia, the United States, any possession or 
 68 territory of the United States, or any foreign jurisdiction, 
 69 following incarceration for an offense for which the sentence is 
 70 punishable by more than 1 year in this state. 
 71 2. “Prison releasee reoffender” also means any defendant 
 72 who commits or attempts to commit any offense listed in sub 
 73 subparagraphs 1.a.-s. (a)1.a.-r. while the defendant was serving 
 74 a prison sentence or on escape status from a state correctional 
 75 facility operated by the Department of Corrections or a private 
 76 vendor or while the defendant was on escape status from a 
 77 correctional institution of another state, the District of 
 78 Columbia, the United States, any possession or territory of the 
 79 United States, or any foreign jurisdiction, following 
 80 incarceration for an offense for which the sentence is 
 81 punishable by more than 1 year in this state. 
 82 3. If the state attorney determines that a defendant is a 
 83 prison releasee reoffender as defined in subparagraph 1., the 
 84 state attorney may seek to have the court sentence the defendant 
 85 as a prison releasee reoffender. Upon proof from the state 
 86 attorney that establishes by a preponderance of the evidence 
 87 that a defendant is a prison releasee reoffender as defined in 
 88 this section, such defendant is not eligible for sentencing 
 89 under the sentencing guidelines and must be sentenced as 
 90 follows: 
 91 a. For a felony pu