| 1 | A bill to be entitled |
| 2 | An act relating to assault or battery of law enforcement |
| 3 | officers or firefighters; amending s. 784.07, F.S.; |
| 4 | increasing the mandatory minimum term of imprisonment for |
| 5 | battery of a law enforcement officer or firefighter with a |
| 6 | firearm or destructive device; increasing the mandatory |
| 7 | minimum term of imprisonment for such a battery while |
| 8 | possessing a semiautomatic firearm and its high-capacity |
| 9 | detachable box magazine or a machine gun; providing an |
| 10 | 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 (3) 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 | (3)(a) Except as provided in paragraph (b), any person who |
| 21 | is convicted of a battery under paragraph (2)(b) and, during the |
| 22 | commission of the offense, such person possessed: |
| 23 | 1.(a) A "firearm" or "destructive device" as those terms |
| 24 | are defined in s. 790.001, shall be sentenced to a minimum term |
| 25 | of imprisonment of 3 years. |
| 26 | 2.(b) A semiautomatic firearm and its high-capacity |
| 27 | detachable box magazine, as defined in s. 775.087(3), or a |
| 28 | machine gun as defined in s. 790.001, shall be sentenced to a |
| 29 | minimum term of imprisonment of 8 years. |
| 30 | (b) Any person who is convicted of a battery under |
| 31 | paragraph (2)(b) on a law enforcement officer or a firefighter |
| 32 | and, during the commission of the offense, such person used: |
| 33 | 1. A "firearm" or "destructive device" as those terms are |
| 34 | defined in s. 790.001, shall be sentenced to a minimum term of |
| 35 | imprisonment of 20 years. |
| 36 | 2. A semiautomatic firearm and its high-capacity |
| 37 | detachable box magazine, as defined in s. 775.087(3), or a |
| 38 | machine gun as defined in s. 790.001, shall be sentenced to a |
| 39 | minimum term of imprisonment of 25 years. |
| 40 |
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| 41 | Notwithstanding s. 948.01, adjudication of guilt or imposition |
| 42 | of sentence shall not be suspended, deferred, or withheld, and |
| 43 | the defendant is not eligible for statutory gain-time under s. |
| 44 | 944.275 or any form of discretionary early release, other than |
| 45 | pardon or executive clemency, or conditional medical release |
| 46 | under s. 947.149, prior to serving the minimum sentence. |
| 47 | Section 2. This act shall take effect October 1, 2011. |