Senate Bill sb1022
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Florida Senate - 2002 SB 1022
By Senator Crist
13-400-02
1 A bill to be entitled
2 An act relating to assault and battery;
3 creating s. 784.0745, F.S.; providing enhanced
4 penalties for the offenses of assault, battery,
5 aggravated assault, or aggravated battery on a
6 security officer licensed by the Department of
7 State or on an investigator employed by the
8 Bureau of Regulation and Enforcement of the
9 Department of State; providing definitions;
10 specifying minimum terms of imprisonment;
11 providing that a person convicted of a
12 violation under the act may not have
13 adjudication of guilt or imposition of sentence
14 suspended or withheld; providing that such
15 person is ineligible for early release, except
16 under certain circumstances; amending s.
17 784.081, F.S.; increasing penalties for an
18 assault or battery committed against a
19 municipal or county parks or recreation
20 department employee; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 784.0745, Florida Statutes, is
26 created to read:
27 784.0745 Assault or battery of a security officer or
28 investigator licensed or employed by the Department of State
29 or licensed under chapter 493; reclassification of offenses;
30 minimum sentences.--
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Florida Senate - 2002 SB 1022
13-400-02
1 (1) As used in this section, the term "security
2 officer" means an individual licensed under chapter 493 who,
3 for consideration, provides or advertises as providing
4 bodyguard services or otherwise guards persons or property;
5 attempts to prevent theft or unlawful taking of goods, wares,
6 and merchandise; or attempts to prevent either the
7 misappropriation or concealment of goods, wares or
8 merchandise, money, bonds, stocks, choses in action, notes, or
9 other documents, papers, and articles of value or the
10 procurement of the return thereof. The term also includes
11 armored car personnel and personnel engaged in transporting
12 prisoners.
13 (2) Whenever any person is charged with knowingly
14 committing an assault or battery upon a security officer who
15 is licensed by the Department of State under chapter 493, or
16 upon an investigator employed by the Bureau of Regulation and
17 Enforcement of the Division of Licensing within the Department
18 of State, while the officer or investigator is engaged in the
19 lawful performance of his or her duties, the offense for which
20 the person is charged shall be reclassified as follows:
21 (a) In the case of assault, from a misdemeanor of the
22 second degree to a misdemeanor of the first degree.
23 (b) In the case of battery, from a misdemeanor of the
24 first degree to a felony of the third degree.
25 (c) In the case of aggravated assault, from a felony
26 of the third degree to a felony of the second degree.
27 Notwithstanding any other law, any person convicted of
28 aggravated assault under this section shall be sentenced to a
29 minimum term of imprisonment of 3 years.
30 (d) In the case of aggravated battery, from a felony
31 of the second degree to a felony of the first degree.
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Florida Senate - 2002 SB 1022
13-400-02
1 Notwithstanding any other law, any person convicted of
2 aggravated battery under this section shall be sentenced to a
3 minimum term of imprisonment of 5 years.
4 (3) Any person who is convicted of a battery under
5 paragraph (2)(b) and, during the commission of the offense,
6 had in his or her possession:
7 (a) A "firearm" or "destructive device" as those terms
8 are defined in s. 790.001, shall be sentenced to a minimum
9 term of imprisonment of 3 years.
10 (b) A semiautomatic firearm and its high-capacity
11 detachable box magazine, as defined in s. 775.087(3), or a
12 machine gun as defined in s. 790.001, shall be sentenced to a
13 minimum term of imprisonment of 8 years.
14
15 Notwithstanding s. 948.01, adjudication of guilt or imposition
16 of sentence may not be suspended, deferred, or withheld, and
17 the defendant is ineligible for statutory gain-time under s.
18 944.275 or any form of discretionary early release, other than
19 pardon, executive clemency, or conditional medical release
20 under s. 947.149, prior to serving the minimum sentence.
21 Section 2. Section 784.081, Florida Statutes, is
22 amended to read:
23 784.081 Assault or battery on specified officials or
24 employees; reclassification of offenses.--Whenever a person is
25 charged with committing an assault or aggravated assault or a
26 battery or aggravated battery upon any elected official or
27 employee of: a school district; a private school; the Florida
28 School for the Deaf and the Blind; a university developmental
29 research school; a state university or any other entity of the
30 state system of public education, as defined in s. 228.041; or
31 a municipal or county parks or recreation department; or an
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Florida Senate - 2002 SB 1022
13-400-02
1 employee or protective investigator of the Department of
2 Children and Family Services; or an employee of a lead
3 community-based provider and its direct service contract
4 providers, when the person committing the offense knows or has
5 reason to know the identity or position or employment of the
6 victim, the offense for which the person is charged shall be
7 reclassified as follows:
8 (1) In the case of aggravated battery, from a felony
9 of the second degree to a felony of the first degree.
10 (2) In the case of aggravated assault, from a felony
11 of the third degree to a felony of the second degree.
12 (3) In the case of battery, from a misdemeanor of the
13 first degree to a felony of the third degree.
14 (4) In the case of assault, from a misdemeanor of the
15 second degree to a misdemeanor of the first degree.
16 Section 3. This act shall take effect October 1, 2002.
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19 SENATE SUMMARY
20 Provides enhanced sanctions for an assault, battery,
aggravated assault, or aggravated battery that is
21 committed against a security officer who is licensed by
the Department of State or against an investigator
22 employed by the Bureau of Regulation and Enforcement of
the Department of State. Requires that a person convicted
23 of violating the act be sentenced to certain minimum
terms of imprisonment. Provides additional minimum terms
24 of imprisonment if a person convicted under the act had
in his or her possession a firearm or other destructive
25 device while committing the offense. Prohibits the court
from suspending or withholding adjudication of guilt or
26 imposition of sentence. Provides for the reclassification
of offenses when an assault or battery is committed
27 against an employee of a municipal or county parks or
recreation department. (See bill for details.)
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