The Florida Senate

784.011  Assault.

784.021  Aggravated assault.

784.03  Battery; felony battery.

784.041  Felony battery.

784.045  Aggravated battery.

784.046  Action by victim of repeat violence for protective injunction; powers and duties of court and clerk of court; filing and form of petition; notice and hearing; temporary injunction; issuance; statewide verification system; enforcement.

784.047  Penalties for violating protective injunction against repeat violators.

784.048  Stalking; definitions; penalties.

784.05  Culpable negligence.

784.07  Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.

784.075  Battery on detention or commitment facility staff.

784.076  Battery on health services personnel.

784.08  Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.

784.081  Assault or battery on specified officials or employees; reclassification of offenses.

784.082  Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.

784.083  Assault or battery on code inspectors.

784.011  Assault.--

(1)  An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2)  Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224.

Note.--Former s. 784.02.

784.021  Aggravated assault.--

(1)  An "aggravated assault" is an assault:

(a)  With a deadly weapon without intent to kill; or

(b)  With an intent to commit a felony.

(2)  Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298.

Note.--Former s. 784.04.

784.03  Battery; felony battery.--

(1)(a)  The offense of battery occurs when a person:

1.  Actually and intentionally touches or strikes another person against the will of the other; or

2.  Intentionally causes bodily harm to another person.

(b)  Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  A person who has two prior convictions for battery who commits a third or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.

History.--s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392.

¹784.041  Felony battery.--

(1)  A person commits felony battery if he or she:

(a)  Actually and intentionally touches or strikes another person against the will of the other; and

(b)  Causes great bodily harm, permanent disability, or permanent disfigurement.

(2)  A person who commits felony battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 97-183.

¹Note.--Section 3, ch. 97-183, provides that "[t]his act shall take effect October 1, 1997, and shall apply to offenses committed on or after that date."

784.045  Aggravated battery.--

(1)(a)  A person commits aggravated battery who, in committing battery:

1.  Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2.  Uses a deadly weapon.

(b)  A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2)  Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 70-63; s. 732, ch. 71-136; s. 20, ch. 74-383; s. 10, ch. 75-298; s. 3, ch. 88-344.

784.046  Action by victim of repeat violence for protective injunction; powers and duties of court and clerk of court; filing and form of petition; notice and hearing; temporary injunction; issuance; statewide verification system; enforcement.--

(1)  As used in this section, the term:

(a)  "Violence" means any assault, battery, sexual battery, or stalking by a person against any other person.

(b)  "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

(2)  There is created a cause of action for an injunction for protection in cases of repeat violence.

(a)  Any person who is the victim of repeat violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

(b)  This cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.

(c)  This cause of action for an injunction shall not require that the petitioner be represented by an attorney.

(3)(a)  The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.

(b)  In the event the person desiring to file for an injunction pursuant to this section does not have sufficient funds with which to pay filing fees to the clerk of the court or service fees to the sheriff or law enforcement agency and signs an affidavit so stating, the fees shall be waived by the clerk of the court or the sheriff or law enforcement agency to the extent necessary to process the petition and serve the injunction, subject to a subsequent order of the court relative to the payment of such fees.

¹(c)  No bond shall be required by the court for the entry of an injunction.

(d)  The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence entered by the court.

(4)(a)  The sworn petition shall allege the incidents of repeat violence and shall include the specific facts and circumstances which form the basis upon which relief is sought.

(b)  The sworn petition shall be in substantially the following form:

Before me, the undersigned authority, personally appeared Petitioner  (Name) , who has been sworn and says that the following statements are true:

1.  Petitioner resides at  (address) 

2.  Respondent resides at  (address) 

3.  Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:  (enumerate incidents of violence) 

4.  Petitioner genuinely fears repeat violence by the respondent.

5.  Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of repeat violence; an injunction enjoining the respondent from committing any further acts of repeat violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner's immediate family, including any injunctions or directives to law enforcement agencies.

(5)  Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.

(6)(a)  When it appears to the court that an immediate and present danger of repeat violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of repeat violence.

²(b)  In a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.

(c)  Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.

(7)  Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction:

(a)  Enjoining the respondent from committing any acts of violence.

(b)  Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.

(c)  The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.

(d)  A temporary or final judgment on injunction for protection against repeat violence entered pursuant to this section shall, on its face, indicate that:

1.  The injunction is valid and enforceable in all counties of the State of Florida.

2.  Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.

3.  The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

4.  The date that the respondent was served with the temporary or final order, if obtainable.

(8)(a)1.  The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge's jurisdiction to effect this type of service and to receive a portion of the service fee. No person shall be authorized or permitted to serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943.

2.  When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against repeat violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.

(b)  There shall be created a Domestic and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.

(c)1.  Within 24 hours after the court issues an injunction for protection against repeat violence or changes or vacates an injunction for protection against repeat violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.

2.  Within 24 hours after service of process of an injunction for protection against repeat violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.

3.  Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.

4.  Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.

5.  Within 24 hours after an injunction for protection against repeat violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.

(9)(a)  The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21.

(b)  If the respondent is arrested by a law enforcement officer under s. 901.15(8) for committing an act of repeat violence in violation of a repeat violence injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.

(10)  The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

(11)  A law enforcement officer acting in good faith under this section and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of this section.

History.--s. 1, ch. 88-344; s. 70, ch. 88-381; s. 12, ch. 91-23; s. 7, ch. 94-134; s. 7, ch. 94-135; s. 14, ch. 94-170; s. 10, ch. 95-182; s. 38, ch. 95-184; s. 13, ch. 95-195; s. 1198, ch. 97-102; s. 8, ch. 97-155.

¹Note.--As created by s. 1, ch. 88-344. As created by s. 70, ch. 88-381, s. 784.046(3)(c) reads:

(c)  Bond may not be required by the court for the entry of an injunction.

²Note.--As created by s. 1, ch. 88-344. As created by section 70, ch. 88-381, s. 784.046(6)(b) reads:

(b)  In an ex parte hearing for a temporary injunction, no evidence other than the verified pleading or affidavit may be admitted. However, if the court determines that an ex parte hearing is not appropriate, the respondent is to be given notice and may appear and other evidence may be presented.

784.047  Penalties for violating protective injunction against repeat violators.--A person who willfully violates an injunction for protection against repeat violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by:

(1)  Refusing to vacate the dwelling that the parties share;

(2)  Going to the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

(3)  Committing an act of repeat violence against the petitioner;

(4)  Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; or

(5)  Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 7, ch. 95-195; s. 9, ch. 97-155.

784.048  Stalking; definitions; penalties.--

(1)  As used in this section, the term:

(a)  "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b)  "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

(c)  "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(2)  Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)  Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)  Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6)  Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

History.--s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27.

784.05  Culpable negligence.--

(1)  Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:

(a)  If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;

(b)  If the minor obtains the firearm as a result of an unlawful entry by any person;

(c)  To injuries resulting from target or sport shooting accidents or hunting accidents; or

(d)  To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.

When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.

¹(4)  As used in this act, the term "minor" means any person under the age of 16.

History.--s. 1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch. 71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch. 89-534; s. 1199, ch. 97-102.

¹Note.--Also published at s. 790.174(3).

784.07  Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.--

(1)  As used in this section, the term:

(a)  "Law enforcement officer" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; employee or agent of the Department of Corrections who supervises or provides services to inmates; officer of the Parole Commission; and law enforcement personnel of the Game and Fresh Water Fish Commission, the Department of Environmental Protection, or the Department of Law Enforcement.

(b)  "Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.

(c)  "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.

(d)  "Public transit employees or agents" means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).

(2)  Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a traffic infraction enforcement officer as described in ¹s. 318.141, a parking enforcement specialist as defined in s. 316.640, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:

(a)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(b)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(c)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(d)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(3)  Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:

(a)  A "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.

(b)  A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

History.--s. 1, ch. 76-75; s. 1, ch. 77-174; s. 22, ch. 79-8; s. 1, ch. 80-43; s. 1, ch. 85-33; s. 39, ch. 88-122; s. 2, ch. 88-177; s. 3, ch. 88-373; ss. 52, 55, 57, ch. 88-381; s. 43, ch. 89-526; s. 3, ch. 91-174; s. 12, ch. 93-230; s. 472, ch. 94-356; s. 20, ch. 95-184; s. 1, ch. 96-293; s. 57, ch. 96-388; s. 32, ch. 97-280; s. 1, ch. 98-97.

¹Note.--Repealed by s. 44, ch. 96-350.

784.075  Battery on detention or commitment facility staff.--A person who commits a battery on an ¹intake counselor or case manager, as defined in ²s. 984.03(31) or ²s. 985.03(30), on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03(19), or on a staff member of a commitment facility as defined in ³s. 985.03(45), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.

History.--s. 13, ch. 93-230; s. 71, ch. 94-209; s. 21, ch. 95-152; s. 3, ch. 96-398; s. 49, ch. 98-280; s. 160, ch. 98-403.

¹Note.--The term "juvenile probation officer" was substituted for the term "intake counselor or case manager" by ss. 6, 7, ch. 98-207.

²Note.--The term "intake counselor or case manager" is no longer defined by ss. 984.03(31) and 985.03(30).

³Note.--As amended by s. 160, ch. 98-403. Section 784.075 was also amended by s. 49, ch. 98-280, which cited to s. 985.03(45)(c), (d), or (e). Section 985.03(45) was redesignated as s. 985.03(46) as a result of the insertion of new subsection (41) by s. 1, ch. 97-276, effective July 1, 1998.

784.076  Battery on health services personnel.--A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term "health services" means preventive, diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services.

History.--s. 57, ch. 95-267.

784.08  Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.--

¹(1)  A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced pursuant to the sentencing guidelines and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

(2)  Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

(a)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(b)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(c)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(d)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

(3)  Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

History.--s. 1, ch. 89-327; s. 1, ch. 92-50; s. 18, ch. 93-406; s. 1200, ch. 97-102; s. 19, ch. 97-194.

¹Note.--Section 19, ch. 97-194, amended subsection (1), effective October 1, 1998, to read:

(1)  A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced pursuant to the Criminal Punishment Code and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

784.081  Assault or battery on specified officials or employees; reclassification of offenses.--Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and the Blind; a university developmental research school; a state university or any other entity of the state system of public education, as defined in s. 228.041; or an employee or protective investigator of the ¹Department of Health and Rehabilitative Services, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(1)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

History.--s. 3, ch. 96-293.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

784.082  Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.--Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, the offense for which the person is charged shall be reclassified as follows:

(1)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

History.--s. 4, ch. 96-293.

¹784.083  Assault or battery on code inspectors.--Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a code inspector, as defined in s. 162.04(2), while the code inspector is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows:

(1)  In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.

(2)  In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.

(3)  In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

(4)  In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

History.--s. 1, ch. 98-24.

¹Note.--Section 3, ch. 98-24, provides that "[t]his act shall take effect October 1 of [1998], and shall apply to offenses committed on or after that date."