Senate Bill sb0678er

    ENROLLED

    2004 Legislature                                 CS for SB 678



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  2         An act relating to assault or battery on

  3         officials; amending s. 784.081, F.S.; providing

  4         enhanced penalties for the offense of assault,

  5         battery, aggravated assault, or aggravated

  6         battery if the offense is committed upon a

  7         sports official; providing an effective date.

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

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11         Section 1.  Section 784.081, Florida Statutes, is

12  amended to read:

13         784.081  Assault or battery on specified officials or

14  employees; reclassification of offenses.--

15         (1)  For purposes of this section, the term "sports

16  official" means any person who serves as a referee, an umpire,

17  or a linesman, and any person who serves in a similar capacity

18  as a sports official who may be known by another title, which

19  sports official is duly registered by or is a member of a

20  local, state, regional, or national organization that is

21  engaged in part in providing education and training to sports

22  officials.

23         (2)  Whenever a person is charged with committing an

24  assault or aggravated assault or a battery or aggravated

25  battery upon any elected official or employee of: a school

26  district; a private school; the Florida School for the Deaf

27  and the Blind; a university developmental research school; a

28  state university or any other entity of the state system of

29  public education, as defined in s. 1000.04; a sports official;

30  an employee or protective investigator of the Department of

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


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    ENROLLED

    2004 Legislature                                 CS for SB 678



 1  community-based provider and its direct service contract

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

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

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

 5  reclassified as follows:

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

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

 8         (b)(2)  In the case of aggravated assault, from a

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

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

11  the first degree to a felony of the third degree.

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

13  the second degree to a misdemeanor of the first degree.

14         (3)  An assault, aggravated assault, battery, or

15  aggravated battery upon a sports official shall be

16  reclassified pursuant to subsection (2) only if such offense

17  is committed upon the sports official when he or she is

18  actively participating as a sports official in an athletic

19  contest or immediately following such athletic contest.

20         Section 2.  This act shall take effect October 1, 2004.

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