Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1416
       
       
       
       
       
       
                                Ì921370{Î921370                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2020           .                                
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       The Committee on Criminal Justice (Perry) recommended the
       following:
       
    1         Senate Amendment to Amendment (111654) 
    2  
    3         Delete lines 30 - 48
    4  and insert:
    5         Section 3. Subsection (2) of section 784.07, Florida
    6  Statutes, is amended to read:
    7         784.07 Assault or battery of law enforcement officers,
    8  firefighters, emergency medical care providers, public transit
    9  employees or agents, or other specified officers;
   10  reclassification of offenses; minimum sentences.—
   11         (2) Whenever any person is charged with knowingly
   12  committing an assault or battery upon a law enforcement officer,
   13  a firefighter, an emergency medical care provider, a railroad
   14  special officer, a traffic accident investigation officer as
   15  described in s. 316.640, a nonsworn law enforcement agency
   16  employee who is certified as an agency inspector, a blood
   17  alcohol analyst, or a breath test operator while such employee
   18  is in uniform and engaged in processing, testing, evaluating,
   19  analyzing, or transporting a person who is detained or under
   20  arrest for DUI, a law enforcement explorer, a traffic infraction
   21  enforcement officer as described in s. 316.640, a parking
   22  enforcement specialist as defined in s. 316.640, a public
   23  transit employee or agent, a person licensed as a security
   24  officer as defined in s. 493.6101 and wearing a uniform that
   25  bears at least one patch or emblem that is visible at all times
   26  that clearly identifies the employing agency and that clearly
   27  identifies the person as a licensed security officer, or a
   28  security officer employed by the board of trustees of a
   29  community college, while the officer, firefighter, emergency
   30  medical care provider, railroad special officer, traffic
   31  accident investigation officer, traffic infraction enforcement
   32  officer, inspector, analyst, operator, law enforcement explorer,
   33  parking enforcement specialist, public transit employee or
   34  agent, or security officer is engaged in the lawful performance
   35  of his or her duties, the offense for which the person is
   36  charged shall be reclassified as follows:
   37         (a) In the case of assault, from a misdemeanor of the
   38  second degree to a felony misdemeanor of the third first degree.
   39         (b) In the case of battery, from a misdemeanor of the first
   40  degree to a felony of the third degree.
   41         (c) In the case of aggravated assault, from a felony of the
   42  third degree to a felony of the second degree. Notwithstanding
   43  any other provision of law, any person convicted of aggravated
   44  assault upon a law enforcement officer shall be sentenced to a
   45  minimum term of imprisonment of 3 years.
   46         (d) In the case of aggravated battery, from a felony of the
   47  second degree to a felony of the first degree. Notwithstanding
   48  any other provision of law, any person convicted of aggravated
   49  battery of a law enforcement officer shall be sentenced to a
   50  minimum term of imprisonment of 5 years.