Florida Senate - 2020                                    SB 1866
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01452-20                                           20201866__
    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 upon certain
    5         persons while they are engaged in the lawful
    6         performance of their duties; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 784.07, Florida
   12  Statutes, is amended to read:
   13         784.07 Assault or battery of law enforcement officers,
   14  firefighters, emergency medical care providers, public transit
   15  employees or agents, or other specified officers;
   16  reclassification of offenses; minimum sentences.—
   17         (2) Whenever any person is charged with knowingly
   18  committing an assault or battery upon a law enforcement officer,
   19  a firefighter, an emergency medical care provider, a railroad
   20  special officer, a traffic accident investigation officer as
   21  described in s. 316.640, a nonsworn law enforcement agency
   22  employee who is certified as an agency inspector, a blood
   23  alcohol analyst, or a breath test operator while such employee
   24  is in uniform and engaged in processing, testing, evaluating,
   25  analyzing, or transporting a person who is detained or under
   26  arrest for DUI, a law enforcement explorer, a traffic infraction
   27  enforcement officer as described in s. 316.640, a parking
   28  enforcement specialist as defined in s. 316.640, a person
   29  licensed as a security officer as defined in s. 493.6101 and
   30  wearing a uniform that bears at least one patch or emblem that
   31  is visible at all times that clearly identifies the employing
   32  agency and that clearly identifies the person as a licensed
   33  security officer, or a security officer employed by the board of
   34  trustees of a community college, a code enforcement officer as
   35  defined in s. 162.21, an employee of a state park or a park
   36  operated by a political subdivision, or a lifeguard certified
   37  under s. 514.071, while the officer, firefighter, emergency
   38  medical care provider, railroad special officer, traffic
   39  accident investigation officer, traffic infraction enforcement
   40  officer, inspector, analyst, operator, law enforcement explorer,
   41  parking enforcement specialist, public transit employee or
   42  agent, or security officer, code enforcement officer, park
   43  employee, or lifeguard is engaged in the lawful performance of
   44  his or her duties, the offense for which the person is charged
   45  shall be reclassified as follows:
   46         (a) In the case of assault, from a misdemeanor of the
   47  second degree to a misdemeanor of the first degree.
   48         (b) In the case of battery, from a misdemeanor of the first
   49  degree to a felony of the third degree.
   50         (c) In the case of aggravated assault, from a felony of the
   51  third degree to a felony of the second degree. Notwithstanding
   52  any other provision of law, any person convicted of aggravated
   53  assault upon a law enforcement officer shall be sentenced to a
   54  minimum term of imprisonment of 3 years.
   55         (d) In the case of aggravated battery, from a felony of the
   56  second degree to a felony of the first degree. Notwithstanding
   57  any other provision of law, any person convicted of aggravated
   58  battery of a law enforcement officer shall be sentenced to a
   59  minimum term of imprisonment of 5 years.
   60         Section 2. This act shall take effect October 1, 2020.