| 1 | A bill to be entitled |
| 2 | An act relating to offenses against officers; amending s. |
| 3 | 776.051, F.S.; providing that a person is not justified in |
| 4 | resisting with violence a law enforcement officer who is |
| 5 | engaged in the execution of a legal duty, regardless of a |
| 6 | specified later finding by a court; providing that a |
| 7 | person is not justified in using force if a law |
| 8 | enforcement officer acts in good faith and is known or |
| 9 | appears to be a law enforcement officer; amending s. |
| 10 | 784.07, F.S.; providing for reclassification of certain |
| 11 | offenses against certain officers who are engaged in the |
| 12 | performance of duties; amending s. 843.01, F.S.; providing |
| 13 | criminal penalties for resisting with violence an officer |
| 14 | who is executing a legal duty; amending s. 843.02, F.S.; |
| 15 | providing criminal penalties for resisting without |
| 16 | violence an officer who is executing a legal duty; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 776.051, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 776.051 Use of force in resisting or making an arrest or |
| 24 | the execution of a legal duty; prohibition.-- |
| 25 | (1) A person is not justified in the use of force to |
| 26 | resist an arrest by a law enforcement officer or to resist a law |
| 27 | enforcement officer who is engaged in the execution of a legal |
| 28 | duty, regardless of whether a court later finds that the action |
| 29 | of the law enforcement officer was unlawful, if the law |
| 30 | enforcement officer was acting in good faith and he or she who |
| 31 | is known, or reasonably appears, to be a law enforcement |
| 32 | officer. |
| 33 | (2) A law enforcement officer, or any person whom the |
| 34 | officer has summoned or directed to assist him or her, is not |
| 35 | justified in the use of force if the arrest or execution of a |
| 36 | legal duty is unlawful and known by him or her to be unlawful. |
| 37 | Section 2. Subsection (2) of section 784.07, Florida |
| 38 | Statutes, is amended to read: |
| 39 | 784.07 Assault or battery of law enforcement officers, |
| 40 | firefighters, emergency medical care providers, public transit |
| 41 | employees or agents, or other specified officers; |
| 42 | reclassification of offenses; minimum sentences.-- |
| 43 | (2) Whenever any person is charged with knowingly |
| 44 | committing an assault or battery upon a law enforcement officer, |
| 45 | a firefighter, an emergency medical care provider, a traffic |
| 46 | accident investigation officer as described in s. 316.640, a |
| 47 | nonsworn law enforcement agency employee who is certified as an |
| 48 | agency inspector, blood alcohol analyst, or a breath test |
| 49 | operator while such employee is in uniform and engaged in |
| 50 | processing, testing, evaluating, analyzing, or transporting a |
| 51 | person who is detained or under arrest for DUI, a traffic |
| 52 | infraction enforcement officer as described in s. 316.640, a |
| 53 | parking enforcement specialist as defined in s. 316.640, a |
| 54 | person licensed as a security officer as defined in s. 493.6101 |
| 55 | and wearing a uniform that bears at least one patch or emblem |
| 56 | that is visible at all times that clearly identifies the |
| 57 | employing agency and that clearly identifies the person as a |
| 58 | licensed security officer, or a security officer employed by the |
| 59 | board of trustees of a community college, while the officer, |
| 60 | firefighter, emergency medical care provider, intake officer, |
| 61 | traffic accident investigation officer, traffic infraction |
| 62 | enforcement officer, inspector, analyst, operator, parking |
| 63 | enforcement specialist, public transit employee or agent, or |
| 64 | security officer is engaged in the lawful performance of his or |
| 65 | her duties, the offense for which the person is charged shall be |
| 66 | reclassified as follows: |
| 67 | (a) In the case of assault, from a misdemeanor of the |
| 68 | second degree to a misdemeanor of the first degree. |
| 69 | (b) In the case of battery, from a misdemeanor of the |
| 70 | first degree to a felony of the third degree. |
| 71 | (c) In the case of aggravated assault, from a felony of |
| 72 | the third degree to a felony of the second degree. |
| 73 | Notwithstanding any other provision of law, any person convicted |
| 74 | of aggravated assault upon a law enforcement officer shall be |
| 75 | sentenced to a minimum term of imprisonment of 3 years. |
| 76 | (d) In the case of aggravated battery, from a felony of |
| 77 | the second degree to a felony of the first degree. |
| 78 | Notwithstanding any other provision of law, any person convicted |
| 79 | of aggravated battery of a law enforcement officer shall be |
| 80 | sentenced to a minimum term of imprisonment of 5 years. |
| 81 | Section 3. Section 843.01, Florida Statutes, is amended to |
| 82 | read: |
| 83 | 843.01 Resisting officer with violence to his or her |
| 84 | person.--Whoever knowingly and willfully resists, obstructs, or |
| 85 | opposes any officer as defined in s. 943.10(1), (2), (3), (6), |
| 86 | (7), (8), or (9); member of the Parole Commission or any |
| 87 | administrative aide or supervisor employed by the commission; |
| 88 | parole and probation supervisor; county probation officer; |
| 89 | personnel or representative of the Department of Law |
| 90 | Enforcement; or other person legally authorized to execute |
| 91 | process in the execution of legal process or in the lawful |
| 92 | execution of any legal duty, by offering or doing violence to |
| 93 | the person of such officer or legally authorized person, commits |
| 94 | is guilty of a felony of the third degree, punishable as |
| 95 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 96 | Section 4. Section 843.02, Florida Statutes, is amended to |
| 97 | read: |
| 98 | 843.02 Resisting officer without violence to his or her |
| 99 | person.--Whoever shall resist, obstruct, or oppose any officer |
| 100 | as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); |
| 101 | member of the Parole Commission or any administrative aide or |
| 102 | supervisor employed by the commission; county probation officer; |
| 103 | parole and probation supervisor; personnel or representative of |
| 104 | the Department of Law Enforcement; or other person legally |
| 105 | authorized to execute process in the execution of legal process |
| 106 | or in the lawful execution of any legal duty, without offering |
| 107 | or doing violence to the person of the officer, commits shall be |
| 108 | guilty of a misdemeanor of the first degree, punishable as |
| 109 | provided in s. 775.082 or s. 775.083. |
| 110 | Section 5. This act shall take effect July 1, 2008. |