Florida Senate - 2021 SB 980 By Senator Perry 8-01290-21 2021980__ 1 A bill to be entitled 2 An act relating to assaults on specified persons; 3 creating s. 341.0611, F.S.; requiring certain public 4 transit providers to post a specified sign concerning 5 the penalty for assaulting a transit worker by a 6 specified date; requiring public transit providers to 7 create and implement a risk reduction program by a 8 specified date; requiring each such program to include 9 conflict deescalation training for public transit 10 employees and agents; authorizing programs to include 11 the deployment of assault mitigation infrastructure 12 and technology on public transit vehicles; providing a 13 declaration of important state interest; amending s. 14 784.07, F.S.; including assault or battery on a public 15 transit employee or agent within specified 16 reclassified offenses; increasing the penalty for 17 assault on specified persons; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 341.0611, Florida Statutes, is created 23 to read: 24 341.0611 Public transit employee and agent safety.— 25 (1) By January 1, 2022, each public transit provider 26 operating regularly scheduled transit service for the general 27 public shall post in at least one conspicuous place at the 28 entrance of each public transit vehicle a yellow sign with the 29 following statement in capital letters in black, boldface type 30 no smaller than 48 points: “ATTENTION: ASSAULTING A TRANSIT 31 WORKER IS A FELONY PUNISHABLE BY UP TO 5 YEARS IN PRISON.” 32 (2) By July 1, 2022, each public transit provider operating 33 regularly scheduled transit service for the general public shall 34 create and implement a risk reduction program. Each risk 35 reduction program must include conflict deescalation training 36 for public transit employees and agents. The risk reduction 37 program may include the deployment of assault mitigation 38 infrastructure and technology on public transit vehicles, 39 including barriers to restrict the unwanted entry of individuals 40 and objects into public transit employees’ and agents’ 41 workstations. 42 Section 2. The Legislature finds that public transit 43 employees and agents may be subject to assault while performing 44 their jobs. The Legislature further finds and declares that this 45 act fulfills an important state interest in protecting the 46 safety of public transit employees and agents by requiring that 47 each public transit provider operating regularly scheduled 48 transit service conspicuously post signage that provides 49 notification of the criminal penalties for assaulting a public 50 transit employee or agent and by creating and implementing a 51 risk reduction program that includes conflict deescalation 52 training. The Legislature further finds that these reasonable 53 measures may reduce or prevent attacks on public transit 54 employees and agents. 55 Section 3. Subsection (2) of section 784.07, Florida 56 Statutes, is amended to read: 57 784.07 Assault or battery of law enforcement officers, 58 firefighters, emergency medical care providers, public transit 59 employees or agents, or other specified officers; 60 reclassification of offenses; minimum sentences.— 61 (2) Whenever any person is charged with knowingly 62 committing an assault or battery upon a law enforcement officer, 63 a firefighter, an emergency medical care provider, a railroad 64 special officer, a traffic accident investigation officer as 65 described in s. 316.640, a nonsworn law enforcement agency 66 employee who is certified as an agency inspector, a blood 67 alcohol analyst, or a breath test operator while such employee 68 is in uniform and engaged in processing, testing, evaluating, 69 analyzing, or transporting a person who is detained or under 70 arrest for DUI, a law enforcement explorer, a traffic infraction 71 enforcement officer as described in s. 316.640, a parking 72 enforcement specialist as defined in s. 316.640, a public 73 transit employee or agent, a person licensed as a security 74 officer as defined in s. 493.6101 and wearing a uniform that 75 bears at least one patch or emblem that is visible at all times 76 that clearly identifies the employing agency and that clearly 77 identifies the person as a licensed security officer, or a 78 security officer employed by the board of trustees of a 79 community college, while the officer, firefighter, emergency 80 medical care provider, railroad special officer, traffic 81 accident investigation officer, traffic infraction enforcement 82 officer, inspector, analyst, operator, law enforcement explorer, 83 parking enforcement specialist, public transit employee or 84 agent, or security officer is engaged in the lawful performance 85 of his or her duties, the offense for which the person is 86 charged shall be reclassified as follows: 87 (a) In the case of assault, from a misdemeanor of the 88 second degree to a felonymisdemeanorof the thirdfirstdegree. 89 (b) In the case of battery, from a misdemeanor of the first 90 degree to a felony of the third degree. 91 (c) In the case of aggravated assault, from a felony of the 92 third degree to a felony of the second degree. Notwithstanding 93 any other provision of law, any person convicted of aggravated 94 assault upon a law enforcement officer shall be sentenced to a 95 minimum term of imprisonment of 3 years. 96 (d) In the case of aggravated battery, from a felony of the 97 second degree to a felony of the first degree. Notwithstanding 98 any other provision of law, any person convicted of aggravated 99 battery of a law enforcement officer shall be sentenced to a 100 minimum term of imprisonment of 5 years. 101 Section 4. This act shall take effect October 1, 2021.