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A bill to be entitled

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An act relating to offenses against officers; amending s.

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776.051, F.S.; providing that a person is not justified in

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resisting with violence a law enforcement officer who is

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engaged in the execution of a legal duty, regardless of a

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specified later finding by a court; providing that a

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person is not justified in using force if a law

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enforcement officer acts in good faith and is known or

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appears to be a law enforcement officer; amending s.

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784.07, F.S.; providing for reclassification of certain

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offenses against certain officers who are engaged in the

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performance of duties; amending s. 843.01, F.S.; providing

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criminal penalties for resisting with violence an officer

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who is executing a legal duty; amending s. 843.02, F.S.;

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providing criminal penalties for resisting without

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violence an officer who is executing a legal duty;

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providing an effective date.

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

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     Section 1.  Section 776.051, Florida Statutes, is amended to

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read:

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     776.051 Use of force in resisting arrest or making an

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arrest or in the execution of a legal duty; prohibition.--

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     (1)  A person is not justified in the use of force to resist

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an arrest by a law enforcement officer or to resist a law

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enforcement officer who is engaged in the execution of a legal

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duty, regardless of whether a court later finds that the action

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of the law enforcement officer was unlawful, if the law

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enforcement officer was acting in good faith and he or she who is

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known, or reasonably appears, to be a law enforcement officer.

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     (2)  A law enforcement officer, or any person whom the

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officer has summoned or directed to assist him or her, is not

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justified in the use of force if the arrest or execution of a

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legal duty is unlawful and known by him or her to be unlawful.

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     Section 2.  Subsection (2) of section 784.07, Florida

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Statutes, is amended to read:

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     784.07  Assault or battery of law enforcement officers,

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firefighters, emergency medical care providers, public transit

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employees or agents, or other specified officers;

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reclassification of offenses; minimum sentences.--

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     (2)  Whenever any person is charged with knowingly

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committing an assault or battery upon a law enforcement officer,

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a firefighter, an emergency medical care provider, a traffic

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accident investigation officer as described in s. 316.640, a

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nonsworn law enforcement agency employee who is certified as an

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agency inspector, blood alcohol analyst, or a breath test

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operator while such employee is in uniform and engaged in

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processing, testing, evaluating, analyzing, or transporting a

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person who is detained or under arrest for DUI, a traffic

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infraction enforcement officer as described in s. 316.640, a

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parking enforcement specialist as defined in s. 316.640, a person

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licensed as a security officer as defined in s. 493.6101 and

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wearing a uniform that bears at least one patch or emblem that is

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visible at all times that clearly identifies the employing agency

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and that clearly identifies the person as a licensed security

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officer, or a security officer employed by the board of trustees

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of a community college, while the officer, firefighter, emergency

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medical care provider, intake officer, traffic accident

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investigation officer, traffic infraction enforcement officer,

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inspector, analyst, operator, parking enforcement specialist,

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public transit employee or agent, or security officer is engaged

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in the lawful performance of his or her duties, the offense for

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which the person is charged shall be reclassified as follows:

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     (a)  In the case of assault, from a misdemeanor of the

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second degree to a misdemeanor of the first degree.

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     (b)  In the case of battery, from a misdemeanor of the first

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degree to a felony of the third degree.

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     (c)  In the case of aggravated assault, from a felony of the

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third degree to a felony of the second degree. Notwithstanding

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any other provision of law, any person convicted of aggravated

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assault upon a law enforcement officer shall be sentenced to a

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minimum term of imprisonment of 3 years.

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     (d)  In the case of aggravated battery, from a felony of the

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second degree to a felony of the first degree. Notwithstanding

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any other provision of law, any person convicted of aggravated

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battery of a law enforcement officer shall be sentenced to a

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minimum term of imprisonment of 5 years.

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     Section 3.  Section 843.01, Florida Statutes, is amended to

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read:

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     843.01  Resisting officer with violence to his or her

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person.--Whoever knowingly and willfully resists, obstructs, or

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opposes any officer as defined in s. 943.10(1), (2), (3), (6),

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(7), (8), or (9); member of the Parole Commission or any

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administrative aide or supervisor employed by the commission;

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parole and probation supervisor; county probation officer;

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personnel or representative of the Department of Law Enforcement;

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or other person legally authorized to execute process in the

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execution of legal process or in the lawful execution of any

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legal duty, by offering or doing violence to the person of such

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officer or legally authorized person, commits is guilty of a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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     Section 4.  Section 843.02, Florida Statutes, is amended to

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read:

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     843.02  Resisting officer without violence to his or her

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person.--Whoever shall resist, obstruct, or oppose any officer as

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defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member

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of the Parole Commission or any administrative aide or supervisor

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employed by the commission; county probation officer; parole and

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probation supervisor; personnel or representative of the

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Department of Law Enforcement; or other person legally authorized

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to execute process in the execution of legal process or in the

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lawful execution of any legal duty, without offering or doing

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violence to the person of the officer, commits shall be guilty of

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a misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 5.  This act shall take effect July 1, 2008.