Florida Senate - 2011 SB 734
By Senator Wise
5-01061-11 2011734__
1 A bill to be entitled
2 An act relating to assault or battery on utility
3 workers; amending s. 784.07, F.S.; defining the term
4 “utility worker”; providing for reclassification of
5 certain offenses against utility workers; reenacting
6 and amending s. 921.0022(3)(d), (f), and (g), F.S.,
7 relating to the offense severity ranking chart of the
8 Criminal Punishment Code, to incorporate the
9 amendments made to s. 784.07, F.S., in references
10 thereto; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (f) is added to subsection (1) of
15 section 784.07, Florida Statutes, and subsection (2) of that
16 section is amended, to read:
17 784.07 Assault or battery of law enforcement officers,
18 firefighters, emergency medical care providers, public transit
19 employees or agents, or other specified persons officers;
20 reclassification of offenses; minimum sentences.—
21 (1) As used in this section, the term:
22 (f) “Utility worker” means any person employed by an entity
23 that owns, operates, leases, or controls any plant, property, or
24 facility for the generation, transmission, manufacture,
25 production, supply, distribution, sale, storage, conveyance,
26 delivery, or furnishing to or for the public of electricity,
27 natural or manufactured gas, water, steam, sewage, or telephone
28 service, including two or more utilities rendering joint
29 service.
30 (2) Whenever any person is charged with knowingly
31 committing an assault or battery upon a law enforcement officer,
32 a firefighter, an emergency medical care provider, a traffic
33 accident investigation officer as described in s. 316.640, a
34 nonsworn law enforcement agency employee who is certified as an
35 agency inspector, a blood alcohol analyst, or a breath test
36 operator while such employee is in uniform and engaged in
37 processing, testing, evaluating, analyzing, or transporting a
38 person who is detained or under arrest for DUI, a law
39 enforcement explorer, a traffic infraction enforcement officer
40 as described in s. 316.640, a parking enforcement specialist as
41 defined in s. 316.640, a person licensed as a security officer
42 as defined in s. 493.6101 and wearing a uniform that bears at
43 least one patch or emblem that is visible at all times that
44 clearly identifies the employing agency and that clearly
45 identifies the person as a licensed security officer, or a
46 security officer employed by the board of trustees of a
47 community college, or a utility worker, while the officer,
48 firefighter, emergency medical care provider, traffic accident
49 investigation officer, traffic infraction enforcement officer,
50 inspector, analyst, operator, law enforcement explorer, parking
51 enforcement specialist, public transit employee or agent, or
52 security officer, or utility worker is engaged in the lawful
53 performance of his or her duties, the offense for which the
54 person is charged shall be reclassified as follows:
55 (a) In the case of assault, from a misdemeanor of the
56 second degree to a misdemeanor of the first degree.
57 (b) In the case of battery, from a misdemeanor of the first
58 degree to a felony of the third degree.
59 (c) In the case of aggravated assault, from a felony of the
60 third degree to a felony of the second degree. Notwithstanding
61 any other provision of law, any person convicted of aggravated
62 assault upon a law enforcement officer shall be sentenced to a
63 minimum term of imprisonment of 3 years.
64 (d) In the case of aggravated battery, from a felony of the
65 second degree to a felony of the first degree. Notwithstanding
66 any other provision of law, any person convicted of aggravated
67 battery of a law enforcement officer shall be sentenced to a
68 minimum term of imprisonment of 5 years.
69 Section 2. For the purpose of incorporating the amendments
70 made by this act to section 784.07, Florida Statutes, in a
71 references thereto, paragraphs (d), (f), and (g) of subsection
72 (3) of section 921.0022, Florida Statutes, are reenacted and
73 amended to read:
74 921.0022 Criminal Punishment Code; offense severity ranking
75 chart.—
76 (3) OFFENSE SEVERITY RANKING CHART
77 (d) LEVEL 4
78 FloridaStatute FelonyDegree Description
79 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
80 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
81 499.0051(2) 3rd Failure to authenticate pedigree papers.
82 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
83 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
84 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
85 784.075 3rd Battery on detention or commitment facility staff.
86 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
87 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
88 784.081(3) 3rd Battery on specified official or employee.
89 784.082(3) 3rd Battery by detained person on visitor or other detainee.
90 784.083(3) 3rd Battery on code inspector.
91 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
92 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
93 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
94 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
95 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
96 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
97 790.115(2)(c) 3rd Possessing firearm on school property.
98 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
99 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
100 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
101 810.06 3rd Burglary; possession of tools.
102 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
103 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
104 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
105 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
106 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
107 817.568(2)(a) 3rd Fraudulent use of personal identification information.
108 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
109 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
110 837.02(1) 3rd Perjury in official proceedings.
111 837.021(1) 3rd Make contradictory statements in official proceedings.
112 838.022 3rd Official misconduct.
113 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
114 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
115 843.021 3rd Possession of a concealed handcuff key by a person in custody.
116 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
117 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
118 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
119 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
120 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
121 914.14(2) 3rd Witnesses accepting bribes.
122 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
123 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
124 918.12 3rd Tampering with jurors.
125 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
126 (f) LEVEL 6
127 FloridaStatute FelonyDegree Description
128 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
129 499.0051(3) 2nd Knowing forgery of pedigree papers.
130 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
131 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
132 775.0875(1) 3rd Taking firearm from law enforcement officer.
133 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
134 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
135 784.041 3rd Felony battery; domestic battery by strangulation.
136 784.048(3) 3rd Aggravated stalking; credible threat.
137 784.048(5) 3rd Aggravated stalking of person under 16.
138 784.07(2)(c) 2nd Aggravated assault on law enforcement officer, firefighter, etc.
139 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
140 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
141 784.081(2) 2nd Aggravated assault on specified official or employee.
142 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
143 784.083(2) 2nd Aggravated assault on code inspector.
144 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
145 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
146 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
147 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
148 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
149 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
150 794.05(1) 2nd Unlawful sexual activity with specified minor.
151 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
152 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
153 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
154 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
155 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
156 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
157 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
158 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
159 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
160 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
161 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
162 825.102(1) 3rd Abuse of an elderly person or disabled adult.
163 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
164 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
165 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
166 827.03(1) 3rd Abuse of a child.
167 827.03(3)(c) 3rd Neglect of a child.
168 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
169 836.05 2nd Threats; extortion.
170 836.10 2nd Written threats to kill or do bodily injury.
171 843.12 3rd Aids or assists person to escape.
172 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
173 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
174 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
175 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
176 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
177 944.40 2nd Escapes.
178 944.46 3rd Harboring, concealing, aiding escaped prisoners.
179 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
180 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
181 (g) LEVEL 7
182 FloridaStatute FelonyDegree Description
183 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
184 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
185 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
186 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
187 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
188 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
189 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
190 456.065(2) 3rd Practicing a health care profession without a license.
191 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
192 458.327(1) 3rd Practicing medicine without a license.
193 459.013(1) 3rd Practicing osteopathic medicine without a license.
194 460.411(1) 3rd Practicing chiropractic medicine without a license.
195 461.012(1) 3rd Practicing podiatric medicine without a license.
196 462.17 3rd Practicing naturopathy without a license.
197 463.015(1) 3rd Practicing optometry without a license.
198 464.016(1) 3rd Practicing nursing without a license.
199 465.015(2) 3rd Practicing pharmacy without a license.
200 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
201 467.201 3rd Practicing midwifery without a license.
202 468.366 3rd Delivering respiratory care services without a license.
203 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
204 483.901(9) 3rd Practicing medical physics without a license.
205 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
206 484.053 3rd Dispensing hearing aids without a license.
207 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
208 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
209 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
210 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
211 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
212 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
213 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
214 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
215 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
216 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
217 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
218 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
219 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
220 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
221 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
222 784.048(7) 3rd Aggravated stalking; violation of court order.
223 784.07(2)(d) 1st Aggravated battery on law enforcement officer, firefighter, etc.
224 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
225 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
226 784.081(1) 1st Aggravated battery on specified official or employee.
227 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
228 784.083(1) 1st Aggravated battery on code inspector.
229 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
230 790.16(1) 1st Discharge of a machine gun under specified circumstances.
231 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
232 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
233 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
234 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
235 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
236 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
237 796.03 2nd Procuring any person under 16 years for prostitution.
238 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
239 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
240 806.01(2) 2nd Maliciously damage structure by fire or explosive.
241 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
242 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
243 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
244 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
245 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
246 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
247 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
248 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
249 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
250 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
251 812.131(2)(a) 2nd Robbery by sudden snatching.
252 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
253 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
254 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
255 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
256 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
257 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
258 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
259 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
260 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
261 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
262 838.015 2nd Bribery.
263 838.016 2nd Unlawful compensation or reward for official behavior.
264 838.021(3)(a) 2nd Unlawful harm to a public servant.
265 838.22 2nd Bid tampering.
266 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
267 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
268 872.06 2nd Abuse of a dead human body.
269 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
270 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
271 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
272 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
273 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
274 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
275 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
276 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
277 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
278 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
279 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
280 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
281 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
282 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
283 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
284 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
285 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
286 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
287 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
288 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
289 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
290 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
291 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
292 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
293 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
294 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
295 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
296 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
297 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
298 Section 3. This act shall take effect July 1, 2011.