| 1 | A bill to be entitled |
| 2 | An act relating to assault or battery; amending s. |
| 3 | 784.081, F.S.; providing for reclassification of specified |
| 4 | assault or battery offenses when committed against persons |
| 5 | licensed, registered, certified, or regulated under |
| 6 | provisions relating to psychological and clinical, |
| 7 | counseling, and psychotherapy services practicing their |
| 8 | professions; providing an effective date. |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
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| 12 | Section 1. Subsection (2) of section 784.081, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 784.081 Assault or battery on specified officials or |
| 15 | employees; reclassification of offenses.- |
| 16 | (2) Whenever a person is charged with committing an |
| 17 | assault or aggravated assault or a battery or aggravated battery |
| 18 | upon any elected official or employee of: a school district; a |
| 19 | private school; the Florida School for the Deaf and the Blind; a |
| 20 | university lab school; a state university or any other entity of |
| 21 | the state system of public education, as defined in s. 1000.04; |
| 22 | a sports official; an employee or protective investigator of the |
| 23 | Department of Children and Family Services; an employee of a |
| 24 | lead community-based provider and its direct service contract |
| 25 | providers; a person licensed, registered, certified, or |
| 26 | regulated by chapter 490 or chapter 491 while engaged in the |
| 27 | practice of his or her profession; or an employee of the |
| 28 | Department of Health or its direct service contract providers, |
| 29 | when the person committing the offense knows or has reason to |
| 30 | know the identity or position or employment of the victim, the |
| 31 | offense for which the person is charged shall be reclassified as |
| 32 | follows: |
| 33 | (a) In the case of aggravated battery, from a felony of |
| 34 | the second degree to a felony of the first degree. |
| 35 | (b) In the case of aggravated assault, from a felony of |
| 36 | the third degree to a felony of the second degree. |
| 37 | (c) In the case of battery, from a misdemeanor of the |
| 38 | first degree to a felony of the third degree. |
| 39 | (d) In the case of assault, from a misdemeanor of the |
| 40 | second degree to a misdemeanor of the first degree. |
| 41 | Section 2. This act shall take effect July 1, 2011. |