H 623

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  CS/HB 623  2026
1A bill to be entitled
2An act relating to felony battery; amending s. 784.03,
3F.S.; providing enhanced criminal penalties for
4persons who commit a subsequent battery after having a
5prior conviction for resisting an officer with
6violence; reenacting s. 943.0584(2), F.S., relating to
7criminal history records ineligible for court-ordered
8expunction or court-ordered sealing, to incorporate
9the amendment made to s. 784.03, F.S., in a reference
10thereto; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14Section 1.  Subsection (2) of section 784.03, Florida
15Statutes, is amended to read:
16784.03       Battery; felony battery.—
17(2)     A person who has one prior conviction for battery,
18aggravated battery, or felony battery, or resisting an officer
19with violence under s. 843.01 and who commits any second or
20subsequent battery commits a felony of the third degree,
21punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
22For purposes of this subsection, the term "conviction" means a
23determination of guilt that is the result of a plea or a trial,
24regardless of whether adjudication is withheld or a plea of nolo
25contendere is entered.
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26Section 2.  For the purpose of incorporating the amendment
27    made by this act to section 784.03, Florida Statutes, in a
28    reference thereto, subsection (2) of section 943.0584, Florida
29    Statutes, is reenacted to read:
30943.0584  Criminal history records ineligible for court-
31    ordered expunction or court-ordered sealing.—
32(2)     A criminal history record is ineligible for a
33    certificate of eligibility for expunction or a court-ordered
34    expunction pursuant to s. 943.0585 or a certificate of
35    eligibility for sealing or a court-ordered sealing pursuant to
36    s. 943.059 if the record is a conviction for any of the
37    following offenses:
38(a)     Sexual misconduct, as defined in s. 393.135, s.
39    394.4593, or s. 916.1075;
40(b)     Illegal use of explosives, as defined in chapter 552;
41(c)     Terrorism, as defined in s. 775.30;
42(d)     Murder, as defined in s. 782.04, s. 782.065, or s.
43    782.09;
44(e)     Manslaughter or homicide, as defined in s. 782.07, s.
45    782.071, or s. 782.072;
46(f)     Assault or battery, as defined in ss. 784.011 and
47    784.03, respectively, of one family or household member by
48    another family or household member, as defined in s. 741.28(3);
49(g)     Aggravated assault, as defined in s. 784.021;
50(h)     Felony battery, domestic battery by strangulation, or
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51    aggravated battery, as defined in ss. 784.03, 784.041, and
52    784.045, respectively;
53(i)     Stalking or aggravated stalking, as defined in s.
54    784.048;
55(j)     Luring or enticing a child, as defined in s. 787.025;
56(k)     Human trafficking, as defined in s. 787.06;
57(l)     Kidnapping or false imprisonment, as defined in s.
58    787.01 or s. 787.02;
59(m)     Any offense defined in chapter 794;
60(n)     Procuring a person less than 18 years of age for
61    prostitution, as defined in former s. 796.03;
62(o)     Lewd or lascivious offenses committed upon or in the
63    presence of persons less than 16 years of age, as defined in s.
64    800.04;
65(p)     Arson, as defined in s. 806.01;
66(q)     Burglary of a dwelling, as defined in s. 810.02;
67(r)     Voyeurism or digital voyeurism, as defined in ss.
68    810.14 and 810.145, respectively;
69(s)     Robbery or robbery by sudden snatching, as defined in
70    ss. 812.13 and 812.131, respectively;
71(t)     Carjacking, as defined in s. 812.133;
72(u)     Home-invasion robbery, as defined in s. 812.135;
73(v)     A violation of the Florida Communications Fraud Act,
74    as provided in s. 817.034;
75(w)     Abuse of an elderly person or disabled adult, or
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76     aggravated abuse of an elderly person or disabled adult, as
77     defined in s. 825.102;
78(x)     Lewd or lascivious offenses committed upon or in the
79     presence of an elderly person or disabled person, as defined in
80     s. 825.1025;
81(y)     Child abuse or aggravated child abuse, as defined in
82     s. 827.03;
83(z)     Sexual performance by a child, as defined in s.
84     827.071;
85(aa)        Any offense defined in chapter 839;
86(bb)        Certain acts in connection with obscenity, as defined
87     in s. 847.0133;
88(cc)        Any offense defined in s. 847.0135;
89(dd)        Selling or buying of minors, as defined in s.
90     847.0145;
91(ee)        Aircraft piracy, as defined in s. 860.16;
92(ff)        Manufacturing a controlled substance in violation of
93     chapter 893;
94(gg)        Drug trafficking, as defined in s. 893.135; or
95(hh)        Any violation specified as a predicate offense for
96     registration as a sexual predator pursuant to s. 775.21, or
97     sexual offender pursuant to s. 943.0435, without regard to
98     whether that offense alone is sufficient to require such
99     registration.
100Section 3.  This act shall take effect July 1, 2026.
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