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Bill

SB 436

RELATING TO THE STATE FIRE MARSHAL.

2025 Regular Session Introduced by Henry Aquino and 5 co-sponsors

SB 436 increases penalties for repeat felony battery offenders with prior convictions, aiming to deter violence and enhance public safety in Florida.

Carried over to 2026 Regular Session.
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Bill Summary · SB 436

Summary of SB 436 - Felony Battery

Bill Information:
- Bill Number: SB 436
- Title: Felony Battery
- Status: Filed
- Introduced: November 07, 2025
- Sponsor: Senator Leek
- Effective Date: July 1, 2026

Purpose and Intent

SB 436 aims to enhance penalties for individuals who commit felony battery after having a prior conviction for resisting an officer with violence. The bill seeks to address repeat offenses and strengthen the legal framework surrounding violent crimes in Florida.

Key Provisions

  1. Amendment to Battery Statute:

    • The bill amends section 784.03 of the Florida Statutes, which defines battery and felony battery.
    • It establishes that a person with one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence who commits any second or subsequent battery will be charged with a third-degree felony.
    • The penalties for a third-degree felony are outlined in sections 775.082, 775.083, or 775.084 of the Florida Statutes.

  2. Definition of Conviction:

    • The term "conviction" is clarified to include any determination of guilt resulting from a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

  3. Incorporation into Criminal History Records:

    • 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 include the amendments made to section 784.03.

Impact

  • Affected Individuals:

    • The bill primarily affects individuals with prior convictions for battery or resisting an officer with violence who may commit subsequent battery offenses.
    • It may also impact law enforcement and the judicial system by increasing the penalties for repeat offenders, potentially leading to longer sentences and reduced opportunities for expunction of criminal records.

  • Legal and Social Implications:

    • By imposing stricter penalties, the bill aims to deter repeat offenses and enhance public safety.
    • It may also contribute to discussions around criminal justice reform and the treatment of individuals with prior convictions.

Procedural Aspects

  • Filing Date: The bill was filed on November 7, 2025.
  • Effective Date: If passed, the provisions of SB 436 will take effect on July 1, 2026.

This summary provides an overview of SB 436, highlighting its purpose, key provisions, and potential impacts on individuals and the legal system in Florida.

Compiled from official sources — confirm details with the bill’s official record.

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