Amendments to 784.081

1. S.G. v. State

   29 So. 3d 383 (Fla. Dist. Ct. App. 2010)   Cited 4 times

   Section 784.081 (2)(c) of the Florida Statutes (2008) reclassifies the crime of battery from a misdemeanor of the first degree to a felony of the third degree when the battery is committed upon

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2. G.W. v. State

   106 So. 3d 83 (Fla. Dist. Ct. App. 2013)   Cited 3 times

   We first note that the Legislature has broad authority, under its police power, to enact laws which “promote the public health, safety, morals, and general welfare” of its citizens. Div. of Pari–Mutuel Wagering Dep't of Bus. Regulation v. Fla. Horse Council, Inc., 464 So.2d 128, 130 (Fla.1985). It cannot be said that section 784.081 serves no legitimate government purpose. The Florida Legislature, in the exercise of its police power, determined that it was necessary and appropriate to provide educators with additional protection from crimes of violence. It declared its intent when it enacted section 784.081, as it pertains to school district employees. The Florida Legislature stated, in pertinent part:

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3. Polite v. State

   973 So. 2d 1107 (Fla. 2007)   Cited 53 times

   Although section 784.081 has been subsequently amended, see ch. 2001-68, § 11, ch. 2002-387, § 1037, ch. 2004-41, § 19, ch. 2004-276, § 1, ch. 2004-350, § 48, Laws of Fla., these amendments did not revise the language cited above or the principles for which this statute is cited.

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4. W.T.D. v. State

   906 So. 2d 333 (Fla. Dist. Ct. App. 2005)   Cited 2 times

   As the State concedes, there is no offense of attempted battery on a school employee. Florida Statutes section 784.081 reclassified assault, aggravated assault, battery or aggravated battery against school officials and employees and enhanced the punishment for each offense. For example, under section 784.081(2), the offense of battery upon a school district employee is reclassified from a first degree misdemeanor to a third degree felony. In Merritt, however, the Florida Supreme Court held that a similar statute, Florida Statutes section 784.07, which enhances the punishment for assault, aggravated assault, battery and aggravated battery committed against law enforcement and other specified public officers, does not create new substantive offenses and, by its plain language, does not apply to "attempts" to commit the enumerated crimes. The court stated:

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5. C.L.P. v. State

   138 So. 3d 1121 (Fla. Dist. Ct. App. 2014)

   As we previously held in W.T.D. v. State, 906 So.2d 333, 334 (Fla. 4th DCA 2005), section 784.081 does not create the offense of attempted battery on a school employee but rather acts as an enhancement statute. Where the offense of assault, aggravated assault, battery, or aggravated battery is committed against a school official or employee, section 784.081 reclassifies the offense to a felony or misdemeanor of a higher degree and enhances the penalty for each. Id.

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6. Hopkins v. State

   105 So. 3d 470 (Fla. 2012)   Cited 10 times

   • Motion to dismiss

   A hearing was held on the motion to dismiss. While Hopkins relied on the First District's decision in T.C., which held that the battery by detainee offense under section 784.082 was inapplicable to juveniles held in juvenile facilities, the State did not rely on any case law in support of the charge. Finding section 784.082 “clear and unambiguous,” the trial court maintained that a “juvenile detention facility” was an “other detention facility” under the statute. The trial court reached this same conclusion when it read section 784.082in pari materia with “detention center or facility,” as defined in chapters 984 and 985, to mean: “a facility used pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law.” §§ 984.03(19), 985.03(19), Fla. Stat. (2007). In addition, the trial court found significant the language used in the preamble to chapter 96–293, which enacted section 784.082: “Whereas, with the rising incidence of crime, especially juvenile crime....” Ch. 96–293, preamble, § 4, Laws of Fla. (emphasis added). As noted by the trial judge, section 784.081, Florida…

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7. State v. J.C

   916 So. 2d 847 (Fla. Dist. Ct. App. 2005)   Cited 8 times

   Additional cost to fund rape crisis centers. — In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, or s. 794.011, the court shall impose a surcharge of $151.

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8. W.E.R. v. School Board of Polk County

   749 So. 2d 540 (Fla. Dist. Ct. App. 2000)   Cited 1 times

   230.23015. Students violating § 784.081; expulsion or placement in alternative school setting

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9. McNeil v. State

   162 So. 3d 274 (Fla. Dist. Ct. App. 2015)   Cited 4 times

   938.085 Additional cost to fund rape crisis centers.—In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, ors. 794.011, the court shall impose a surcharge of $151. Payment of the surcharge shall be a condition of probation, community control, or any other court-ordered supervision.

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10. H.W. v. State

    79 So. 3d 143 (Fla. Dist. Ct. App. 2012)   Cited 2 times

    H.W. was charged with assault on a specified official or employee, pursuant to sections 784.011(1) and 784.081(2). Section 784.011(1) of the Florida Statutes (2009) states:

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