New Florida Law Expands Protections for Utility Workers Performing Essential Infrastructure Work

On May 22, 2025, Florida Gov. Ron DeSantis signed Senate Bill 1386 into law, reclassifying criminal penalties for assault and battery against utility workers while they are engaged in critical infrastructure work. The law takes effect on October 1, 2025.

The legislation passed the Florida House and Senate unanimously, reflecting a growing concern for the safety of utility workers performing the vital work that keeps Florida’s infrastructure running smoothly. It elevates the criminal penalties for assault or battery against utility workers to mirror protections already in place for police officers, firefighters, emergency medical services providers, and other vital personnel.

The legislation stems from two instances of utility workers being harmed. One incident was in Hillsborough County in October 2024, when a man, angry at the road being blocked for repairs, backed his car into a utility pole and then threatened to shoot the utility workers on scene. Another incident occurred in Polk County in February 2025, when a woman released her dogs on two utility workers who were investigating possible utility theft.

The law introduces a new definition of “utility worker” and includes utility workers within the scope of Florida Statutes section 784.07, which classifies assault or battery offenses against specified personnel. The new definition specifies that to be protected by section 784.07, a utility worker must display visible markings that clearly identify them as employed by a utility company, such as a patch or emblem. The employee must also be performing designated infrastructure work. The designated infrastructure work includes any work related to the generation or delivery of electricity, natural or manufactured gas, propane, water, wastewater, and telephone or communications services. The bill includes any utility that renders joint services (such as water and wastewater infrastructure) as well.

The reclassification of offenses against utility workers functions as follows:

• Assault: Reclassified from a second-degree misdemeanor to a first-degree misdemeanor.
• Battery: Reclassified from a first-degree misdemeanor to a third-degree felony.
• Aggravated Assault: Reclassified from a third-degree felony to a second-degree felony.
• Aggravated Battery: Reclassified from a second-degree felony to a first-degree felony.

Senate Bill 1386 also amended section 901.15, giving law enforcement officers the authority to arrest without a warrant when the officer has probable cause to believe that a person has committed an assault or battery on a utility worker.

The bill also amends sections 943.051 and 985.11 to specify that any minor or child who commits assault or battery on a utility worker shall be fingerprinted, and the fingerprints shall be submitted electronically to the Department of Law Enforcement.

Finally, section 985.644 was amended so that prospective employees of the Department of Juvenile Justice must complete a background check that now includes whether they have ever committed assault or battery on a utility worker.

Overall, this legislative change significantly enhances the protections for utility workers. Employers should ensure that utility workers are equipped with visible markings and training on how to report offenses against them while they perform infrastructure work.

If you have questions about how the implementation of SB 1386 affects your business or employees, please contact the authors of this alert or any member of the Carlton Fields Government Law and Consulting Practice.

This article was co-authored by Carlton Fields summer associate Christopher Hewlett.