FloridaSB 4362026Senate

Felony Battery

Sponsored By: Thomas J. "Tom" Leek (Republican)

Signed by Governor

AppropriationCriminal JusticeAppropriations Committee on Criminal and Civil JusticeRulesHouse Calendar

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Felony battery records cannot be sealed

Beginning July 1, 2026, Florida felony battery convictions under the amended battery law cannot be expunged or sealed. People with these records cannot get a certificate of eligibility for either process. Courts also cannot order these records expunged or sealed.

Harsher sentences for battery against officers

Beginning July 1, 2026, battery against a law enforcement officer causing bodily injury qualifies for prison releasee reoffender sentencing. This covers committed or attempted offenses within 3 years after release from a qualifying correctional facility, during imprisonment, or on qualifying escape status. The prosecutor must seek this status and prove it is more likely than not. Once proven, standard sentencing guidelines do not apply. Required prison terms are life for a life-punishable felony, 30 years for first-degree, 15 years for second-degree, and 5 years for third-degree felonies.

Repeat battery offenders face felony penalties

Beginning July 1, 2026, a second or later battery is a third-degree felony for people with one qualifying prior conviction. Qualifying convictions include battery, aggravated battery, felony battery, and resisting an officer with violence. A finding of guilt after a plea or trial counts, even when the court withholds formal adjudication. A no-contest plea also counts.

Sponsors & Cosponsors

Sponsor

Thomas J. "Tom" Leek
Republican • Senate

Cosponsors

Appropriations Committee on Criminal and Civil Justice
Affiliation unavailable
Criminal Justice
Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 186 • No: 1

House vote • 3/10/2026

House Floor Vote

Yes: 110 • No: 1

Senate vote • 2/26/2026

Senate Floor Vote

Yes: 37 • No: 0

Senate vote • 2/24/2026

Rules Vote

Yes: 23 • No: 0

Senate vote • 2/18/2026

Appropriations Committee on Criminal and Civil Justice Vote

Yes: 8 • No: 0

Senate vote • 1/12/2026

Criminal Justice Vote