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