CS/HB 337

1
A bill to be entitled
2An act relating to offenses against officers; amending s.
3776.051, F.S.; providing that a person is not justified in
4resisting with violence a law enforcement officer who is
5engaged in the execution of a legal duty, regardless of a
6specified later finding by a court; providing that a
7person is not justified in using force if a law
8enforcement officer acts in good faith and is known or
9appears to be a law enforcement officer; amending s.
10784.07, F.S.; providing for reclassification of certain
11offenses against certain officers who are engaged in the
12performance of duties; amending s. 843.01, F.S.; providing
13criminal penalties for resisting with violence an officer
14who is executing a legal duty; amending s. 843.02, F.S.;
15providing criminal penalties for resisting without
16violence an officer who is executing a legal duty;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 776.051, Florida Statutes, is amended
22to read:
23     776.051  Use of force in resisting or making an arrest or
24the execution of a legal duty; prohibition.--
25     (1)  A person is not justified in the use of force to
26resist an arrest by a law enforcement officer or to resist a law
27enforcement officer who is engaged in the execution of a legal
28duty, regardless of whether a court later finds that the action
29of the law enforcement officer was unlawful, if the law
30enforcement officer was acting in good faith and he or she who
31is known, or reasonably appears, to be a law enforcement
32officer.
33     (2)  A law enforcement officer, or any person whom the
34officer has summoned or directed to assist him or her, is not
35justified in the use of force if the arrest or execution of a
36legal duty is unlawful and known by him or her to be unlawful.
37     Section 2.  Subsection (2) of section 784.07, Florida
38Statutes, is amended to read:
39     784.07  Assault or battery of law enforcement officers,
40firefighters, emergency medical care providers, public transit
41employees or agents, or other specified officers;
42reclassification of offenses; minimum sentences.--
43     (2)  Whenever any person is charged with knowingly
44committing an assault or battery upon a law enforcement officer,
45a firefighter, an emergency medical care provider, a traffic
46accident investigation officer as described in s. 316.640, a
47nonsworn law enforcement agency employee who is certified as an
48agency inspector, blood alcohol analyst, or a breath test
49operator while such employee is in uniform and engaged in
50processing, testing, evaluating, analyzing, or transporting a
51person who is detained or under arrest for DUI, a traffic
52infraction enforcement officer as described in s. 316.640, a
53parking enforcement specialist as defined in s. 316.640, a
54person licensed as a security officer as defined in s. 493.6101
55and wearing a uniform that bears at least one patch or emblem
56that is visible at all times that clearly identifies the
57employing agency and that clearly identifies the person as a
58licensed security officer, or a security officer employed by the
59board of trustees of a community college, while the officer,
60firefighter, emergency medical care provider, intake officer,
61traffic accident investigation officer, traffic infraction
62enforcement officer, inspector, analyst, operator, parking
63enforcement specialist, public transit employee or agent, or
64security officer is engaged in the lawful performance of his or
65her duties, the offense for which the person is charged shall be
66reclassified as follows:
67     (a)  In the case of assault, from a misdemeanor of the
68second degree to a misdemeanor of the first degree.
69     (b)  In the case of battery, from a misdemeanor of the
70first degree to a felony of the third degree.
71     (c)  In the case of aggravated assault, from a felony of
72the third degree to a felony of the second degree.
73Notwithstanding any other provision of law, any person convicted
74of aggravated assault upon a law enforcement officer shall be
75sentenced to a minimum term of imprisonment of 3 years.
76     (d)  In the case of aggravated battery, from a felony of
77the second degree to a felony of the first degree.
78Notwithstanding any other provision of law, any person convicted
79of aggravated battery of a law enforcement officer shall be
80sentenced to a minimum term of imprisonment of 5 years.
81     Section 3.  Section 843.01, Florida Statutes, is amended to
82read:
83     843.01  Resisting officer with violence to his or her
84person.--Whoever knowingly and willfully resists, obstructs, or
85opposes any officer as defined in s. 943.10(1), (2), (3), (6),
86(7), (8), or (9); member of the Parole Commission or any
87administrative aide or supervisor employed by the commission;
88parole and probation supervisor; county probation officer;
89personnel or representative of the Department of Law
90Enforcement; or other person legally authorized to execute
91process in the execution of legal process or in the lawful
92execution of any legal duty, by offering or doing violence to
93the person of such officer or legally authorized person, commits
94is guilty of a felony of the third degree, punishable as
95provided in s. 775.082, s. 775.083, or s. 775.084.
96     Section 4.  Section 843.02, Florida Statutes, is amended to
97read:
98     843.02  Resisting officer without violence to his or her
99person.--Whoever shall resist, obstruct, or oppose any officer
100as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
101member of the Parole Commission or any administrative aide or
102supervisor employed by the commission; county probation officer;
103parole and probation supervisor; personnel or representative of
104the Department of Law Enforcement; or other person legally
105authorized to execute process in the execution of legal process
106or in the lawful execution of any legal duty, without offering
107or doing violence to the person of the officer, commits shall be
108guilty of a misdemeanor of the first degree, punishable as
109provided in s. 775.082 or s. 775.083.
110     Section 5.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.