House Bill 4389

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    Florida House of Representatives - 1998                HB 4389

        By Representatives Flanagan, Saunders and Peaden






  1                      A bill to be entitled

  2         An act relating to emergency medical services;

  3         amending s. 784.07, F.S.; redefining the term

  4         "emergency medical care provider" to apply to

  5         specified personnel who are performing their

  6         duties, and to include physicians, employees,

  7         agents, and volunteers who are employed,

  8         contracted, or authorized by a hospital to

  9         perform duties directly associated with the

10         hospital's emergency department; providing that

11         enhanced penalties and certain minimum

12         sentences apply if a person is convicted of

13         assault or battery against an emergency medical

14         care provider; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 784.07, Florida Statutes, is

19  amended to read:

20         784.07  Assault or battery of law enforcement officers,

21  firefighters, emergency medical care providers, public transit

22  employees or agents, or other specified officers;

23  reclassification of offenses; minimum sentences.--

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

25         (a)  "Law enforcement officer" includes a law

26  enforcement officer, a correctional officer, a correctional

27  probation officer, a part-time law enforcement officer, a

28  part-time correctional officer, an auxiliary law enforcement

29  officer, and an auxiliary correctional officer, as those terms

30  are respectively defined in s. 943.10, and any county

31  probation officer; employee or agent of the Department of

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    Florida House of Representatives - 1998                HB 4389

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  1  Corrections who supervises or provides services to inmates;

  2  officer of the Parole Commission; and law enforcement

  3  personnel of the Game and Fresh Water Fish Commission, the

  4  Department of Environmental Protection, or the Department of

  5  Law Enforcement.

  6         (b)  "Firefighter" means any person employed by any

  7  public employer of this state whose duty it is to extinguish

  8  fires; to protect life or property; or to enforce municipal,

  9  county, and state fire prevention codes, as well as any law

10  pertaining to the prevention and control of fires.

11         (c)  "Emergency medical care provider" means an

12  ambulance driver, emergency medical technician, paramedic,

13  registered nurse, physician as defined in s. 401.23, medical

14  director as defined in s. 401.23, or any person authorized by

15  an emergency medical service licensed under chapter 401 who is

16  engaged in the performance of his or her duties. The term

17  "emergency medical care provider" also includes physicians,

18  employees, agents, or volunteers of hospitals as defined in

19  chapter 395, who are employed, under contract, or otherwise

20  authorized by a hospital to perform duties directly associated

21  with the care and treatment rendered by the hospital's

22  emergency department or the security thereof.

23         (d)  "Public transit employees or agents" means bus

24  operators, train operators, revenue collectors, security

25  personnel, equipment maintenance personnel, or field

26  supervisors, who are employees or agents of a transit agency

27  as described in s. 812.015(1)(l).

28         (2)  Whenever any person is charged with knowingly

29  committing an assault or battery upon a law enforcement

30  officer, a firefighter, an emergency medical care provider, a

31  traffic accident investigation officer as described in s.

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    Florida House of Representatives - 1998                HB 4389

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  1  316.640, a traffic infraction enforcement officer as described

  2  in s. 318.141, a parking enforcement specialist as defined in

  3  s. 316.640, or a security officer employed by the board of

  4  trustees of a community college, while the officer,

  5  firefighter, emergency medical care provider, intake officer,

  6  traffic accident investigation officer, traffic infraction

  7  enforcement officer, parking enforcement specialist, public

  8  transit employee or agent, or security officer is engaged in

  9  the lawful performance of his or her duties, the offense for

10  which the person is charged shall be reclassified as follows:

11         (a)  In the case of assault, from a misdemeanor of the

12  second degree to a misdemeanor of the first degree.

13         (b)  In the case of battery, from a misdemeanor of the

14  first degree to a felony of the third degree.

15         (c)  In the case of aggravated assault, from a felony

16  of the third degree to a felony of the second degree.

17         (d)  In the case of aggravated battery, from a felony

18  of the second degree to a felony of the first degree.

19         (3)  Any person who is convicted of a battery under

20  paragraph (2)(b) and, during the commission of the offense,

21  such person possessed:

22         (a)  A "firearm" or "destructive device" as those terms

23  are defined in s. 790.001, shall be sentenced to a minimum

24  term of imprisonment of 3 years.

25         (b)  A semiautomatic firearm and its high-capacity

26  detachable box magazine, as defined in s. 775.087(3), or a

27  machine gun as defined in s. 790.001, shall be sentenced to a

28  minimum term of imprisonment of 8 years.

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30  Notwithstanding the provisions of s. 948.01, adjudication of

31  guilt or imposition of sentence shall not be suspended,

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    Florida House of Representatives - 1998                HB 4389

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  1  deferred, or withheld, and the defendant is not eligible for

  2  statutory gain-time under s. 944.275 or any form of

  3  discretionary early release, other than pardon or executive

  4  clemency, or conditional medical release under s. 947.149,

  5  prior to serving the minimum sentence.

  6         Section 2.  This act shall take effect October 1 of the

  7  year in which enacted.

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10                          HOUSE SUMMARY

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      Provides that the enhanced penalties imposed for the
12    offense of assault or battery against an emergency
      medical care provider apply if such offense is committed
13    against an emergency medical care provider who is engaged
      in the performance of his or her duties. Provides that
14    the term "emergency medical care provider" includes a
      physician, employee, agent, or volunteer who is employed,
15    contracted, or authorized by a hospital to perform duties
      directly associated with the hospital's emergency
16    department.

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