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F.S. 784.07 on Google Scholar

F.S. 784.07 on Casetext

Amendments to 784.07


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
F.S. 784.07 Florida Statutes and Case Law
784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.—
(1) As used in this section, the term:
(a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof.
(b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
(c) “Law enforcement explorer” means any person who is a current member of a law enforcement agency’s explorer program and who is performing functions other than those required to be performed by sworn law enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents.
(d) “Law enforcement officer” includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Florida Commission on Offender Review; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.
(e) “Public transit employees or agents” means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).
(f) “Railroad special officer” means a person employed by a Class I, Class II, or Class III railroad and appointed or pending appointment by the Governor pursuant to s. 354.01.
(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a railroad special officer, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. Notwithstanding any other provision of law, a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under s. 870.01 shall be sentenced to a minimum term of imprisonment of 6 months.
(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
(3) Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
(a) A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
(b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(4) For purposes of sentencing under chapter 921, a felony violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed.
History.—s. 1, ch. 76-75; s. 1, ch. 77-174; s. 22, ch. 79-8; s. 1, ch. 80-43; s. 1, ch. 85-33; s. 39, ch. 88-122; s. 2, ch. 88-177; s. 3, ch. 88-373; ss. 52, 55, 57, ch. 88-381; s. 43, ch. 89-526; s. 3, ch. 91-174; s. 12, ch. 93-230; s. 472, ch. 94-356; s. 20, ch. 95-184; s. 1, ch. 96-293; s. 57, ch. 96-388; s. 32, ch. 97-280; s. 1, ch. 98-97; s. 96, ch. 99-3; s. 4, ch. 99-188; s. 227, ch. 99-245; s. 315, ch. 99-248; ss. 1, 2, ch. 2002-209; s. 1, ch. 2006-127; s. 1, ch. 2007-112; s. 1, ch. 2009-102; s. 3, ch. 2010-117; s. 27, ch. 2012-88; s. 2, ch. 2013-114; s. 15, ch. 2014-191; s. 13, ch. 2019-141; s. 9, ch. 2021-6.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 784.07 on Google Scholar

F.S. 784.07 on Casetext

Amendments to 784.07


Arrestable Offenses / Crimes under Fla. Stat. 784.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

784.07 2a - SIMPLE ASSLT - ON OFFICER FIREFIGHTER EMT ETC - M: F
784.07 2b - BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: T
784.07 2c - ASSAULT - ON OFFICER FIREFIGHTER EMT ETC - F: S
784.07 2d - AGGRAV BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: F

Civil Citations / Citable Offenses under S784.07
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 784.07.

Annotations, Discussions, Cases:

  1. Merritt v. State

    712 So. 2d 384 (Fla. 1998)   Cited 36 times
    Merritt argues here that the First District's reasoning inFredericks applies to this case, and thus we should find that the absence of the offense of attempted battery of a law enforcement officer from the language of section 784.07(2) indicates that the offense does not exist. We agree that section 784.07(2), Florida Statutes (1995), does not include the offenses of attempted battery or attempted aggravated assault. Thus, neither attempted battery nor attempted aggravated assault can be reclassified based upon section 784.07(2).
    PAGE 385

  2. Tillman v. State

    934 So. 2d 1263 (Fla. 2006)   Cited 80 times
    Section 784.07 enhances the penalties for crimes against law enforcement officers and other enumerated classes of public servants by reclassifying the crimes of assault and battery committed against these persons. The reclassification from misdemeanor to felony or from a lower degree of felony to a higher degree increases the authorized sentences for the crimes. Section 784.07 provides in pertinent part:
    PAGE 1268

  3. State v. Hearns

    961 So. 2d 211 (Fla. 2007)   Cited 164 times
    § 784.07(2)(b) (emphasis added). The underlying conduct required for simple battery and BOLEO is identical. The only differences are the status of the victim and the penalty imposed.
    PAGE 214

  4. Polite v. State

    973 So. 2d 1107 (Fla. 2007)   Cited 53 times
    Additionally, this Court previously held that knowledge of an officer's status was also an essential element of attempted murder of a law enforcement officer under the 1993 version of section 784.07(3). See State v. Barnum, 921 So.2d 513, 517 (Fla. 2005), cert. denied, ___ U.S. ___, 127 S.Ct. 493, 166 L.Ed.2d 365 (2006); Thompson, 695 So.2d at 692. Although the 1993 version of section 784.07(3) did not include specific language regarding knowledge of the officer's status, we nevertheless concluded that if the underlying crime of battery required the defendant to know of the officer's status then the greater offense of attempted murder of an officer should also require such knowledge. See Thompson, 695 So.2d at 692. We note that section 784.07(3) has been amended since 1993 and no longer includes the offense of attempted murder of a law enforcement officer. See § 784.07(3), Fla. Stat. (2006).
    PAGE 1115

  5. State v. Iacovone

    660 So. 2d 1371 (Fla. 1995)   Cited 76 times
    § 784.07(3), Fla. Stat. (1991).

  6. Mills v. State

    822 So. 2d 1284 (Fla. 2002)   Cited 38 times
    In Merritt, we held that section 784.07, Florida Statutes (1995) (providing for reclassification of offenses and minimum sentences for assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers) did not apply to the offense of attempted battery of a law enforcement officer. See id. at 385 ("We agree that section 784.07(2), Florida Statutes (1995), does not include the offenses of attempted battery or attempted aggravated assault. Thus, neither attempted battery nor attempted aggravated assault can be reclassified based upon section 784.07(2)."). In so doing, we explained:
    PAGE 1286

  7. Thompson v. State

    695 So. 2d 691 (Fla. 1997)   Cited 48 times
    On appeal, Thompson alleged the trial court erred by denying his requested jury instruction that knowledge of the victim's status as a law enforcement officer is an element of attempted murder of a lawenforcement officer under section 784.07(3), Florida Statutes (1993). The Third District Court of Appeal held there was no error because the statute simply provides for enhancement and does not require that the defendant had knowledge that the victim was a law enforcement officer. The decision of the district court in this case directly conflicts with the decision of the Fifth District Court of Appeal in Grinage v. State, which found that section 784.07(3) created a new substantive offense and that knowledge of the victim's status as an officer was a necessary element of that offense. Grinage, 641 So.2d at 1365. This Court granted conflict review.
    PAGE 692

  8. Soverino v. State

    356 So. 2d 269 (Fla. 1978)   Cited 53 times
    Sections 843.01 and 784.07 will frequently overlap, and a prosecutor is imbued again with the discretion to decide under which statute he wishes to charge. Although appellant is correct in noting that Section 843.01 contains different elements which must be proven, it does not necessarily follow that Section 784.07 falls outside the legislative authority to denominate conduct as criminal. For the reasons heretofore stated, the legislature was well within its reach in enacting the challenged statute. In those situations where an accused may be charged under either statute but the elements of Section 843.01 are difficult to prove, Section 784.07 effectively "closes the gap" by permitting prosecution under the latter statute.
    PAGE 273

  9. Spurgeon v. State

    114 So. 3d 1042 (Fla. Dist. Ct. App. 2013)   Cited 5 times
    See§§ 784.03, 784.07(1)(a), and 784.07(2)(b), Fla. Stat. (2011).
    PAGE 1044

  10. Rodriguez v. State

    964 So. 2d 833 (Fla. Dist. Ct. App. 2007)   Cited 16 times
    Mrs. Rodriguez's trial was held in January 2005. She was convicted of resisting an officer with violence, § 843.01, Fla. Stat. (2003), for her attack on the deputy when he was attempting to detain her husband; and battery on a law enforcement officer, § 784.07, Fla. Stat. (2003), for shoving the deputy as he entered the yard, or for the incident that also resulted in the charge for resisting an officer. See State v. Henriquez, 485 So.2d 414, 415-16 (Fla. 1986). An element of both crimes is that the law enforcement officer must be lawfully executing a legal duty when the obstruction or the battery takes place. § 843.01 (requiring that the officer be "in the lawful execution of any legal duty"); § 784.07(2) (specifying that the officer be "engaged in the lawful performance of his or her duties").
    PAGE 836