Florida Statute 784.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.07

784.07 Assault or battery of law enforcement officers and other specified personnel; 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) “Hospital personnel” means a health care practitioner as defined in s. 456.001, an employee, an agent, or a volunteer who is employed, under contract, or otherwise authorized by a hospital, as defined in s. 395.002, to perform duties directly associated with the care and treatment rendered by any department of a hospital or with the security thereof.

(d) “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.

(e) “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.

(f) “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).

(g) “Railroad special officer” means a person employed by a Class I, Class II, or Class III railroad 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, hospital personnel, 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, hospital personnel, 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; s. 1, ch. 2023-128; s. 21, ch. 2023-197; s. 4, ch. 2024-69.

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

S784.07 2a - SIMPLE ASSLT - ON OFFICER FIREFIGHTER EMT ETC - M: F

S784.07 2b - BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: T

S784.07 2c - ASSAULT - RENUMBERED. SEE REC # 8505 - F: S

S784.07 2c - ASSAULT - AGG ASSAULT ON OFFICER FIREFIGHTER EMT ETC - F: S

S784.07 2d - AGGRAV BATTERY - ON OFFICER FIREFIGHTER EMT ETC - F: F

S784.07 3 - BATTERY - NO OFFENSE-SENTENCING ONLY - F: T

S784.07 3 - BATTERY - REMOVE SENTENCING ONLY - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 784.07

Total Results: 20

Ricardo Bryan v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: victims were correctional officers. §§ 784.03, 784.07(2)(b), Fla. Stat. (2017); see also Ramroop v. State…3d 657, 663 (Fla. 2017) (explaining that section 784.07 is a reclassification statute, not an enhancement

Nicol Maslo v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-21T00:00:00-07:00

Snippet: firearm. See § 784.021(1), Fla. Stat. (2023); § 784.07(1)(e), Fla. Stat. (2023); § 775.087(4), Fla. Stat

In Re: Amendments to Florida Rules of Criminal Procedure - 2023 Legislation

Court: Fla. | Date Filed: 2023-11-22T00:00:00-08:00

Snippet: the primary offense is a violation of subsection 784.07(3) or 775.0875(1), Florida Statutes, or the Law

JAMIE PERRY ZAGARELLA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: battery on a law enforcement office under section 784.07(2)(b), Florida Statutes (2021). We reverse the

R.A., A JUVENILE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: which to base a guilty verdict.”). Section 784.07(2)(b), Florida Statutes, enhances the crime of …2d 1284, 1290 (Fla. 2002) (finding that section 784.07 is an enhancement statute rather than a statute…Supreme Court instructs that when evaluating section 784.07, “courts must apply the legal standards governing…enforcement officer in violation of sections 784.03 and 784.07(2)(b), Florida Statutes (2021), and resisting …ANALYSIS I. Lawful Performance Prong of Section 784.07(2), Florida Statutes The outcome

GEORGE CALVIN DELANCY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-29T23:53:00-08:00

Snippet: 174 (Fla. 5th DCA 1991) (“Pursuant to section 784.07, Florida Statutes (1988 Supp.), the attempted

GEORGE CALVIN DELANCY v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-30T00:53:00-07:00

Snippet: 174 (Fla. 5th DCA 1991) (“Pursuant to section 784.07, Florida Statutes (1988 Supp.), the attempted

ERICK LESLIE BATTA vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-12T00:00:00-07:00

Snippet: Statutes (2006), and an enhancement under section 784.07, Florida Statutes (2006), may be committed by a

KELLY GARRICK v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-24T00:53:00-07:00

Snippet: consecutive sentences can be imposed under section 784.07, Florida Statutes, because it is a reclassification

Theron Sapp v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-22T00:53:00-07:00

Snippet: aggravated battery charge was a first-degree felony. § 784.07(2)(d), Fla. Stat. And because Sapp was a habitual

NICO GALLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-10T00:53:00-07:00

Snippet: maximum penalty of five years’ imprisonment. See §§ 784.07(2)(b), 806.13(1)(b)3., 843.01, Fla. Stat. (2017

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11

Court: Fla. | Date Filed: 2018-12-27T23:53:00-08:00

Snippet: ETC. § 784.07(2)(b), Fla. Stat. To prove the crime of …other types of victims, insert definitions from § 784.07(1)(a), Fla. Stat., as appropriate. …OFFICER, FIREFIGHTER, ETC. — 784.07(2)(b) CATEGORY ONE CATEGORY FLA…(holding that a conviction for a violation of § 784.07(2), Florida Statutes, had to be vacated because

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11.

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 930

Snippet: ENFORCEMENT OFFICER, FIREFIGHTER, ETC. § 784.07(2)(b), Fla. Stat. To prove the crime of …other types of victims, insert definitions from § 784.07(1)(a), Fla. Stat., as appropriate. Lesser…ON LAW ENFORCEMENT OFFICER, FIREFIGHTER, ETC. - 784.07(2)(b) CATEGORY ONE CATEGORY FLA. STAT. INS. NO.…(holding that a conviction for a violation of § 784.07(2), Florida Statutes, had to be vacated because

Sweeting v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-11T23:53:00-08:00

Snippet: enforcement officer in violation of sections 784.03 and 784.07(2)(b), Florida Statutes (2016). On March

James Mobley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-16T00:53:00-07:00

Snippet: from sections 316.1935(6), 775.087(2)(a), and 784.07(3), that require the imposition of mandatory minimum

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 494

Snippet: If the primary offense is a violation of section 784.07(3) or 775.0875(1) , Florida Statutes,

W.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: W.T.’s convictions are affirmed. See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. State, 245 So

W.T. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:00:00-07:00

Citation: 255 So. 3d 509

Snippet: x27;s convictions are affirmed. See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. State, 245 So

WILL TWIGG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: lawful performance of his or her duties,” section 784.07 of the Florida Statutes reclassifies the offense…first degree to a felony of the third degree.” § 784.07(2), (2)(b), Fla. Stat. (2015). Based on the…emergency department or the security thereof. § 784.07(1)(a), Fla. Stat. (2015) (spacing and numbering…the Fifth District clarified that because section 784.07 is penal in nature, the definition of “emergency…engaged in the performance of his or her duties.” § 784.07(1)(a), Fla. Stat. (2015). The definition section

WILL TWIGG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-01T00:53:00-07:00