Senate Bill sb0228

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    Florida Senate - 2004                                   SB 228

    By Senator Crist





    12-318-04

  1                      A bill to be entitled

  2         An act relating to assault and battery;

  3         creating s. 784.072, 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         Agriculture and Consumer Services or on an

  8         investigator employed by the Bureau of

  9         Regulation and Enforcement of the Department of

10         Agriculture and Consumer Services; providing

11         definitions; specifying minimum terms of

12         imprisonment; providing that a person convicted

13         of a violation under the act may not have

14         adjudication of guilt or imposition of sentence

15         suspended or withheld; providing that such

16         person is ineligible for early release, except

17         under certain circumstances; amending s.

18         784.081, F.S.; increasing penalties for an

19         assault or battery committed against an

20         employee of a municipal or county parks or

21         recreation department; providing an effective

22         date.

23  

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

25  

26         Section 1.  Section 784.072, Florida Statutes, is

27  created to read:

28         784.072  Assault or battery of a security officer or

29  investigator licensed or employed by the Department of

30  Agriculture and Consumer Services or licensed under chapter

31  493; reclassification of offenses; minimum sentences.--

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    Florida Senate - 2004                                   SB 228
    12-318-04




 1         (1)  Whenever any person is charged with knowingly

 2  committing an assault or battery upon a security officer, as

 3  defined in s. 493.6101, who is licensed under chapter 493, or

 4  upon an investigator employed by the Bureau of Regulation and

 5  Enforcement of the Division of Licensing within the Department

 6  of Agriculture and Consumer Services, while the officer or

 7  investigator is engaged in the lawful performance of his or

 8  her duties, the offense for which the person is charged shall

 9  be reclassified as follows:

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

11  second degree to a misdemeanor of the first degree.

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

13  first degree to a felony of the third degree.

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

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

16  Notwithstanding any other law, any person convicted of

17  aggravated assault under this section shall be sentenced to a

18  minimum term of imprisonment of 3 years.

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

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

21  Notwithstanding any other law, any person convicted of

22  aggravated battery under this section shall be sentenced to a

23  minimum term of imprisonment of 5 years.

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

25  paragraph (1)(b) and, during the commission of the offense,

26  had in his or her possession:

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

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

29  term of imprisonment of 3 years.

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

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

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    Florida Senate - 2004                                   SB 228
    12-318-04




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

 2  minimum term of imprisonment of 8 years.

 3  

 4  Notwithstanding s. 948.01, adjudication of guilt or imposition

 5  of sentence may not be suspended, deferred, or withheld, and

 6  the defendant is ineligible for statutory gain-time under s.

 7  944.275 or any form of discretionary early release, other than

 8  pardon, executive clemency, or conditional medical release

 9  under s. 947.149, prior to serving the minimum sentence.

10         Section 2.  Section 784.081, Florida Statutes, is

11  amended to read:

12         784.081  Assault or battery on specified officials or

13  employees; reclassification of offenses.--Whenever a person is

14  charged with committing an assault or aggravated assault or a

15  battery or aggravated battery upon any elected official or

16  employee of: a school district; a private school; the Florida

17  School for the Deaf and the Blind; a university developmental

18  research school; a state university or any other entity of the

19  state system of public education, as defined in s. 1000.04; a

20  municipal or county parks or recreation department; an

21  employee or protective investigator of the Department of

22  Children and Family Services; or an employee of a lead

23  community-based provider and its direct service contract

24  providers, when the person committing the offense knows or has

25  reason to know the identity or position or employment of the

26  victim, the offense for which the person is charged shall be

27  reclassified as follows:

28         (1)  In the case of aggravated battery, from a felony

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

30         (2)  In the case of aggravated assault, from a felony

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

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    Florida Senate - 2004                                   SB 228
    12-318-04




 1         (3)  In the case of battery, from a misdemeanor of the

 2  first degree to a felony of the third degree.

 3         (4)  In the case of assault, from a misdemeanor of the

 4  second degree to a misdemeanor of the first degree.

 5         Section 3.  This act shall take effect October 1, 2004.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides enhanced sanctions for an assault, battery,
      aggravated assault, or aggravated battery that is
10    committed against a security officer who is licensed by
      the Department of Agriculture and Consumer Services or
11    against an investigator employed by the Bureau of
      Regulation and Enforcement of the Department of
12    Agriculture and Consumer Services. Requires that a person
      convicted of violating the act be sentenced to certain
13    minimum terms of imprisonment. Provides additional
      minimum terms of imprisonment if a person convicted under
14    the act possessed a firearm or other destructive device
      while committing the offense. Prohibits the court from
15    suspending or withholding adjudication of guilt or
      imposition of sentence. Provides for the reclassification
16    of the offense when an assault or battery is committed
      against an employee of a municipal or county parks or
17    recreation department. (See bill for details.)

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