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Quick answer
Chapter 2026-149, Laws of Florida, took effect on July 1, 2026. It added a prior conviction for resisting an officer with violence to the list of prior convictions that make any new battery a third-degree felony under section 784.03(2). It also added battery on a law enforcement officer that results in bodily injury to the offenses covered by the prison releasee reoffender law.
What changed
Chapter 2026-149, Laws of Florida (Committee Substitute for Committee Substitute for Senate Bill 436) amended two sections:
- Section 784.03, Florida Statutes, the battery statute, subsection (2).
- Section 775.082, Florida Statutes, subsection (9), the prison releasee reoffender provision.
Effective date
July 1, 2026. The Governor approved the act on June 16, 2026.
Who is affected
- A person charged with battery who has a prior conviction for resisting an officer with violence under section 843.01.
- A person charged with battery on a law enforcement officer resulting in bodily injury within three years of release from prison.
The previous rule
- Battery with a prior. Section 784.03(2) made a second or later battery a third-degree felony for a person with one prior conviction for battery, aggravated battery, or felony battery.
- Prison releasee reoffender. Battery on a law enforcement officer was not listed by name among the qualifying offenses in section 775.082(9).
The new rule
Battery with a prior conviction
Section 784.03(2) now reads that a person who has one prior conviction for battery, aggravated battery, felony battery, or resisting an officer with violence under section 843.01, and who commits any second or subsequent battery, commits a third-degree felony. As before, a “conviction” means a finding of guilt after a plea or a trial, even if adjudication was withheld or the plea was no contest.
Without a qualifying prior, battery remains a first-degree misdemeanor.
Prison releasee reoffender
Section 775.082(9) applies to a person who commits a listed offense within three years after release from prison. When the State Attorney seeks that designation and proves it, the court must impose the statutory maximum: 5 years for a third-degree felony, 15 years for a second-degree felony, 30 years for a first-degree felony, and life for a felony punishable by life. The act added “battery on a law enforcement officer which results in bodily injury” to the list.
Related guides
See battery in Florida, our summary of section 784.03, and felony charges in Florida.
Official resources and sources
- Chapter 2026-149, Laws of Florida — the text of the act, Florida Department of State
- Section 784.03, Florida Statutes — battery; felony battery
- Section 843.01, Florida Statutes — resisting an officer with violence
- Section 775.082, Florida Statutes — prison releasee reoffenders
