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Committee advances bill increasing penalties for violence against law enforcement and clarifies 'resisting' standard; defense groups urge restoring 'good faith'

March 20, 2025 | Fiscal Policy , Standing Committees, Senate, Legislative, Florida


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Committee advances bill increasing penalties for violence against law enforcement and clarifies 'resisting' standard; defense groups urge restoring 'good faith'
The committee voted to report favorably on SB 234 after extended debate on statutory language that, sponsors said, would place determinations about the lawfulness of an officer’s conduct in court rather than in the street.

Senator Leake, sponsor of the bill, recounted the 2021 death of Daytona Beach Officer Jason Raynor and said the legislation would clarify that a person may not resist an officer with force or threats while the officer performs official duties and would add manslaughter of a law-enforcement officer to the list of offenses that carry a life-without-parole sentencing requirement. The sponsor said the bill replaces a currently conflicting “lawful performance” standard with the uniform definition in section 943.1, so courts — not detained individuals — determine whether an officer was acting lawfully.

Defense representatives objected to removing a subsection that, they said, currently tells officers they are not justified in using force if they know the arrest or duty is unlawful. Aaron Waite of the Florida Association of Criminal Defense Lawyers and others argued the bill removes “good faith” language and could limit instructions and defenses available in court for people who are allegedly subject to unlawful or bad‑faith policing. They urged reinstating a good‑faith requirement and preserving the subsection that prevents officers from knowingly using unlawful force.

Senators pressed detailed procedural questions: whether the statute would apply to resistance inside correctional facilities (the sponsor said “detention” in the bill refers to pre‑arrest investigative detentions, not to post‑conviction custody), and whether the bill would constrain criminal prosecutions of officers who act outside the law (the sponsor said it would not).

Committee members expressed concern about community policing and minority communities' experiences; several urged the sponsor to consider edits. The bill was reported favorably by roll call with one No vote recorded from Senator Davis during the clerk’s call.

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