Florida Senate - 2019 SB 822
By Senator Pizzo
38-01194-19 2019822__
1 A bill to be entitled
2 An act relating to assault or battery; amending s.
3 784.07, F.S.; providing for reclassification of
4 assault or battery offenses committed on certain
5 persons when such persons are engaged in their lawful
6 duties; reenacting ss. 775.0877(1)(d), (e), (f), and
7 (g), 794.056(1), 921.0022(3)(d), 938.08, and 938.085,
8 F.S., relating to criminal transmission of HIV, the
9 Rape Crisis Program Trust Fund, the offense severity
10 ranking chart of the Criminal Punishment Code,
11 additional cost to fund domestic violence programs,
12 and additional cost to fund rape crisis centers,
13 respectively, to incorporate the amendments made by
14 the act; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (2) of section 784.07, Florida
19 Statutes, is amended to read:
20 784.07 Assault or battery of law enforcement officers,
21 firefighters, emergency medical care providers, public transit
22 employees or agents, or other specified officers;
23 reclassification of offenses; minimum sentences.—
24 (2) Whenever any person is charged with knowingly
25 committing an assault or battery upon a law enforcement officer,
26 a firefighter, an emergency medical care provider, a railroad
27 special officer, a traffic accident investigation officer as
28 described in s. 316.640, a nonsworn law enforcement agency
29 employee who is certified as an agency inspector, a blood
30 alcohol analyst, or a breath test operator while such employee
31 is in uniform and engaged in processing, testing, evaluating,
32 analyzing, or transporting a person who is detained or under
33 arrest for DUI, a law enforcement explorer, a traffic infraction
34 enforcement officer as described in s. 316.640, a parking
35 enforcement specialist as defined in s. 316.640, a person
36 licensed as a security officer as defined in s. 493.6101 and
37 wearing a uniform that bears at least one patch or emblem that
38 is visible at all times that clearly identifies the employing
39 agency and that clearly identifies the person as a licensed
40 security officer, or a security officer employed by the board of
41 trustees of a community college, a code enforcement officer as
42 defined in s. 162.21, an employee of a state park or a park
43 operated by a state subdivision, or a lifeguard certified under
44 s. 514.071, while the officer, firefighter, emergency medical
45 care provider, railroad special officer, traffic accident
46 investigation officer, traffic infraction enforcement officer,
47 inspector, analyst, operator, law enforcement explorer, parking
48 enforcement specialist, public transit employee or agent, or
49 security officer, code enforcement officer, park employee, or
50 lifeguard is engaged in the lawful performance of his or her
51 duties, the offense for which the person is charged shall be
52 reclassified as follows:
53 (a) In the case of assault, from a misdemeanor of the
54 second degree to a misdemeanor of the first degree.
55 (b) In the case of battery, from a misdemeanor of the first
56 degree to a felony of the third degree.
57 (c) In the case of aggravated assault, from a felony of the
58 third degree to a felony of the second degree. Notwithstanding
59 any other provision of law, any person convicted of aggravated
60 assault upon a law enforcement officer shall be sentenced to a
61 minimum term of imprisonment of 3 years.
62 (d) In the case of aggravated battery, from a felony of the
63 second degree to a felony of the first degree. Notwithstanding
64 any other provision of law, any person convicted of aggravated
65 battery of a law enforcement officer shall be sentenced to a
66 minimum term of imprisonment of 5 years.
67 Section 2. For the purpose of incorporating the amendment
68 made by this act to section 784.07, Florida Statutes, in
69 references thereto, paragraphs (d), (e), (f), and (g) of
70 subsection (1) of section 775.0877, Florida Statutes, are
71 reenacted to read:
72 775.0877 Criminal transmission of HIV; procedures;
73 penalties.—
74 (1) In any case in which a person has been convicted of or
75 has pled nolo contendere or guilty to, regardless of whether
76 adjudication is withheld, any of the following offenses, or the
77 attempt thereof, which offense or attempted offense involves the
78 transmission of body fluids from one person to another:
79 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
80 relating to assault;
81 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
82 relating to aggravated assault;
83 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
84 relating to battery;
85 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
86 relating to aggravated battery;
87
88 the court shall order the offender to undergo HIV testing, to be
89 performed under the direction of the Department of Health in
90 accordance with s. 381.004, unless the offender has undergone
91 HIV testing voluntarily or pursuant to procedures established in
92 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
93 rule providing for HIV testing of criminal offenders or inmates,
94 subsequent to her or his arrest for an offense enumerated in
95 paragraphs (a)-(n) for which she or he was convicted or to which
96 she or he pled nolo contendere or guilty. The results of an HIV
97 test performed on an offender pursuant to this subsection are
98 not admissible in any criminal proceeding arising out of the
99 alleged offense.
100 Section 3. For the purpose of incorporating the amendment
101 made by this act to section 784.07, Florida Statutes, in a
102 reference thereto, subsection (1) of section 794.056, Florida
103 Statutes, is reenacted to read:
104 794.056 Rape Crisis Program Trust Fund.—
105 (1) The Rape Crisis Program Trust Fund is created within
106 the Department of Health for the purpose of providing funds for
107 rape crisis centers in this state. Trust fund moneys shall be
108 used exclusively for the purpose of providing services for
109 victims of sexual assault. Funds credited to the trust fund
110 consist of those funds collected as an additional court
111 assessment in each case in which a defendant pleads guilty or
112 nolo contendere to, or is found guilty of, regardless of
113 adjudication, an offense provided in s. 775.21(6) and (10)(a),
114 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
115 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
116 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
117 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
118 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
119 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
120 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
121 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
122 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
123 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
124 fund also shall include revenues provided by law, moneys
125 appropriated by the Legislature, and grants from public or
126 private entities.
127 Section 4. For the purpose of incorporating the amendment
128 made by this act to section 784.07, Florida Statutes, in a
129 reference thereto, paragraph (d) of subsection (3) of section
130 921.0022, Florida Statutes, is reenacted to read:
131 921.0022 Criminal Punishment Code; offense severity ranking
132 chart.—
133 (3) OFFENSE SEVERITY RANKING CHART
134 (d) LEVEL 4
135
136 FloridaStatute FelonyDegree Description
137 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
138 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
139 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
140 517.07(1) 3rd Failure to register securities.
141 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
142 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
143 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
144 784.075 3rd Battery on detention or commitment facility staff.
145 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
146 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
147 784.081(3) 3rd Battery on specified official or employee.
148 784.082(3) 3rd Battery by detained person on visitor or other detainee.
149 784.083(3) 3rd Battery on code inspector.
150 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
151 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
152 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
153 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
154 787.07 3rd Human smuggling.
155 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
156 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
157 790.115(2)(c) 3rd Possessing firearm on school property.
158 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
159 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
160 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
161 810.06 3rd Burglary; possession of tools.
162 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
163 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
164 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
165 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
166 817.505(4)(a) 3rd Patient brokering.
167 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
168 817.568(2)(a) 3rd Fraudulent use of personal identification information.
169 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
170 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
171 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
172 837.02(1) 3rd Perjury in official proceedings.
173 837.021(1) 3rd Make contradictory statements in official proceedings.
174 838.022 3rd Official misconduct.
175 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
176 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
177 843.021 3rd Possession of a concealed handcuff key by a person in custody.
178 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
179 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
180 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
181 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
182 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
183 914.14(2) 3rd Witnesses accepting bribes.
184 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
185 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
186 918.12 3rd Tampering with jurors.
187 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
188 Section 5. For the purpose of incorporating the amendment
189 made by this act to section 784.07, Florida Statutes, in a
190 reference thereto, section 938.08, Florida Statutes, is
191 reenacted to read:
192 938.08 Additional cost to fund programs in domestic
193 violence.—In addition to any sanction imposed for a violation of
194 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
195 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
196 784.083, s. 784.085, s. 794.011, or for any offense of domestic
197 violence described in s. 741.28, the court shall impose a
198 surcharge of $201. Payment of the surcharge shall be a condition
199 of probation, community control, or any other court-ordered
200 supervision. The sum of $85 of the surcharge shall be deposited
201 into the Domestic Violence Trust Fund established in s. 741.01.
202 The clerk of the court shall retain $1 of each surcharge that
203 the clerk of the court collects as a service charge of the
204 clerk’s office. The remainder of the surcharge shall be provided
205 to the governing board of the county and must be used only to
206 defray the costs of incarcerating persons sentenced under s.
207 741.283 and provide additional training to law enforcement
208 personnel in combating domestic violence.
209 Section 6. For the purpose of incorporating the amendment
210 made by this act to section 784.07, Florida Statutes, in a
211 reference thereto, section 938.085, Florida Statutes, is
212 reenacted to read:
213 938.085 Additional cost to fund rape crisis centers.—In
214 addition to any sanction imposed when a person pleads guilty or
215 nolo contendere to, or is found guilty of, regardless of
216 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
217 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
218 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
219 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
220 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
221 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
222 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
223 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
224 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
225 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
226 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
227 $151. Payment of the surcharge shall be a condition of
228 probation, community control, or any other court-ordered
229 supervision. The sum of $150 of the surcharge shall be deposited
230 into the Rape Crisis Program Trust Fund established within the
231 Department of Health by chapter 2003-140, Laws of Florida. The
232 clerk of the court shall retain $1 of each surcharge that the
233 clerk of the court collects as a service charge of the clerk’s
234 office.
235 Section 7. This act shall take effect October 1, 2019.