| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to assault or battery; amending s. 784.07, |
| 7 | F.S.; providing for reclassification of an assault or |
| 8 | battery on a licensed security officer or specified non- |
| 9 | sworn law enforcement agency employee; providing |
| 10 | applicability; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 784.07, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 784.07 Assault or battery of law enforcement officers, |
| 17 | firefighters, emergency medical care providers, public transit |
| 18 | employees or agents, or other specified officers; |
| 19 | reclassification of offenses; minimum sentences.-- |
| 20 | (2) Whenever any person is charged with knowingly |
| 21 | committing an assault or battery upon a law enforcement officer, |
| 22 | a firefighter, an emergency medical care provider, a traffic |
| 23 | accident investigation officer as described in s. 316.640, a |
| 24 | non-sworn law enforcement agency employee who is certified as an |
| 25 | agency inspector, blood alcohol analyst, or a breath test |
| 26 | operator while such employee is in uniform and engaged in |
| 27 | processing, testing, evaluating, analyzing, or transporting a |
| 28 | person who is detained or under arrest for DUI, a traffic |
| 29 | infraction enforcement officer as described in s. 316.640, a |
| 30 | parking enforcement specialist as defined in s. 316.640, a |
| 31 | person licensed as a security officer as defined in s. 493.6101 |
| 32 | and wearing a uniform that bears at least one patch or emblem |
| 33 | that is visible at all times that clearly identifies the |
| 34 | employing agency and that clearly identifies the person as a |
| 35 | licensed security officer, or a security officer employed by the |
| 36 | board of trustees of a community college, while the officer, |
| 37 | firefighter, emergency medical care provider, intake officer, |
| 38 | traffic accident investigation officer, traffic infraction |
| 39 | enforcement officer, inspector, analyst, operator, parking |
| 40 | enforcement specialist, public transit employee or agent, or |
| 41 | security officer is engaged in the lawful performance of his or |
| 42 | her duties, the offense for which the person is charged shall be |
| 43 | reclassified as follows: |
| 44 | (a) In the case of assault, from a misdemeanor of the |
| 45 | second degree to a misdemeanor of the first degree. |
| 46 | (b) In the case of battery, from a misdemeanor of the |
| 47 | first degree to a felony of the third degree. |
| 48 | (c) In the case of aggravated assault, from a felony of |
| 49 | the third degree to a felony of the second degree. |
| 50 | Notwithstanding any other provision of law, any person convicted |
| 51 | of aggravated assault upon a law enforcement officer shall be |
| 52 | sentenced to a minimum term of imprisonment of 3 years. |
| 53 | (d) In the case of aggravated battery, from a felony of |
| 54 | the second degree to a felony of the first degree. |
| 55 | Notwithstanding any other provision of law, any person convicted |
| 56 | of aggravated battery of a law enforcement officer shall be |
| 57 | sentenced to a minimum term of imprisonment of 5 years. |
| 58 | Section 2. This act shall take effect July 1, 2006, and |
| 59 | shall apply to offenses committed on or after that date. |