Assaulting A Utility Worker In Florida: Understanding SB 1386 – New in October 2025

Utility workers perform essential services that keep our communities running. They repair power lines after hurricanes, maintain water systems, and ensure that telecommunications networks stay online. During emergencies, these workers are often on the front lines, exposed to danger while restoring critical infrastructure. 

Recognizing the increased risks they face, Florida lawmakers passed Senate Bill 1386, effective October 1 2025. The law defines “utility worker” and reclassifies certain offenses when committed against these workers on critical infrastructure. This article explains the new protections, the penalties for violations and what to do if you are charged or victimized under this statute.

The Role Of Utility Workers And Existing Protections

Utility workers include employees of electric, water, gas and telecommunications companies. When storms knock out power or a water main bursts, crews work long hours in hazardous conditions to restore service. Prior laws protected workers through general assault and battery statutes, but they did not account for the increased danger and public safety implications when these workers are attacked on critical infrastructure.

Previous Laws And Limitations

Assaulting anyone is a crime, but before SB 1386, the penalties were largely the same whether the victim was a utility worker on duty or an ordinary citizen. Some statutes provided enhancements for assaulting law enforcement officers, firefighters or emergency medical personnel, recognizing their vital roles. Utility workers, though equally critical, did not have similar protections. Legislators saw a gap, particularly after incidents where crews were attacked while attempting to restore power during hurricane recovery.

Key Provisions Of SB 1386

SB 1386 defines a utility worker as an employee or contractor of a utility company who is engaged in the construction, repair or maintenance of critical infrastructure. The law then allows reclassification of certain offenses when committed against a utility worker performing duties on critical infrastructure.

Definition Of Critical Infrastructure

Critical infrastructure includes power generating plants, substations, water treatment facilities, pipelines, communications towers and other facilities necessary for public health and safety. The Legislature recognized that attacks on workers at these sites jeopardize not only the worker’s safety but also the well-being of entire communities.

Reclassification Of Offenses

Under SB 1386, assault or battery on a utility worker can be reclassified to a higher degree. For example, a simple battery that would normally be a first-degree misdemeanor can become a third-degree felony. Aggravated battery may be reclassified from a second-degree felony to a first-degree felony if the victim is a utility worker. The severity of the reclassification depends on the underlying offense and whether the worker was on duty at a critical infrastructure site.

Enhanced Penalties

Reclassification results in longer prison sentences and higher fines. A third-degree felony carries up to five years in prison and a five-thousand-dollar fine. A first-degree felony carries up to thirty years. These enhancements reflect the state’s interest in deterring attacks on critical infrastructure workers and ensuring that utility services remain uninterrupted.

Penalties And Consequences

Violating SB 1386 leads to severe penalties. Beyond incarceration and fines, offenders may face restitution, civil lawsuits and long-term consequences like a permanent felony record. Employers may refuse to hire someone with a violent felony, and housing and educational opportunities can be limited.

Criminal Penalties

• Third-degree Felony: Up to 5 years in prison and a $5,000 fine for assault on a utility worker.
  
• Second-degree Felony: Up to 15 years in prison and a $10,000 fine for aggravated assault.
  
• First-degree Felony: Up to 30 years in prison and a $10,000 fine for aggravated battery on a utility worker.

Civil Liability

Victims can sue for medical bills, lost wages and pain and suffering. A criminal conviction makes it easier to succeed in civil court because it establishes liability. Courts may award punitive damages to deter future offenses.

Defenses To Assault On A Utility Worker

Being charged under SB 1386 does not guarantee conviction. Defendants can raise several defenses:

Self-Defense Or Defense Of Others

If the defendant reasonably believed they or someone else was in imminent danger of harm, they may argue self-defense. The key is whether the force used was proportional and reasonable under the circumstances.

Mistaken Identity

In chaotic environments like storm recovery sites, misidentification can occur. Witnesses may misinterpret who initiated the violence. Video evidence, eyewitness testimony and physical evidence can help establish identity.

Lack Of Intent

Assault or battery requires intent to commit the act. If contact with the worker was accidental, for example, during a slip or fall, the defendant may lack the necessary intent. An attorney can analyze the event and present evidence to support this defense.

Unaware Of Status

If the defendant did not know and could not reasonably have known the victim was a utility worker, this may mitigate the charges. Workers typically wear uniforms or identification, but in some circumstances, it may not be clear.

How The Law Place Can Assist

Facing a reclassified assault charge demands experienced legal representation. The Law Place can help by:

• Investigating The Incident: We gather evidence, interview witnesses and review footage to determine what happened.
• Evaluating Defenses: We assess whether self-defense, lack of intent or misidentification applies and craft a strategy.
• Negotiating With Prosecutors: We work to reduce charges or penalties, especially if this was an isolated incident.
• Navigating Civil Liability: If a civil lawsuit follows, we coordinate defense strategies to minimize liability.

Frequently Asked Questions

What Is Considered A Utility Worker Under SB 1386?

A utility worker is an employee or contractor engaged in constructing, repairing or maintaining critical infrastructure, such as electric lines, water systems or communications networks.

What Are The Penalties For Assaulting A Utility Worker?

Penalties depend on the offense. A simple assault or battery can be reclassified to a higher degree. A battery can become a third-degree felony, aggravated battery can become a first-degree felony.

Does The Victim Need To Be On A Critical Infrastructure Site?

Yes. The enhanced penalties apply when the utility worker is performing duties on critical infrastructure. Attacks on workers offsite may still be prosecuted but without reclassification.

Are There Any Defenses?

Defenses include self-defense, lack of intent, mistaken identity and unawareness that the victim was a utility worker. Consult an attorney to evaluate your case.

Can Victims Sue?

Yes. Victims can file civil lawsuits for medical expenses, lost wages and emotional distress. A criminal conviction aids their case.

Senate Bill 1386 underscores Florida’s commitment to protecting the workers who keep our lights on, water flowing and phones connected. By reclassifying offenses and increasing penalties for assaults on utility workers, the law aims to deter violence and ensure infrastructure repairs proceed without threat. If you are accused under this statute, or if you are a utility worker seeking justice, contact The Law Place. Our attorneys will provide a thorough defense or pursue your rights, ensuring fair treatment under the law.