The bill amends section 784.03 of the Florida Statutes to impose enhanced criminal penalties for individuals who commit a second or subsequent battery after having a prior conviction for resisting an officer with violence. Specifically, it establishes that a person with one prior conviction for battery, aggravated battery, or felony battery, as well as for resisting an officer with violence, who commits any second or subsequent battery will be charged with a felony of the third degree. The bill also clarifies the definition of "conviction" for the purposes of this subsection, stating that it includes any determination of guilt resulting from a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

Additionally, the bill reenacts subsection (2) of section 943.0584, which pertains to criminal history records that are ineligible for court-ordered expunction or sealing, to incorporate the amendments made to section 784.03. This ensures that the updated penalties for repeat battery offenders are reflected in the context of criminal history records. The act is set to take effect on July 1, 2026.

Statutes affected:
H 623 Filed: 784.03