Florida Statutes

Fla. Stat. § 784.07 (2025)

Assault or battery of law enforcement officers and other specified personnel; reclassification of offenses; minimum sentences.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(h) “Utility worker” means a person who bears at least one patch, emblem, organizational identification, or other clear marking that is intended to be plainly visible, that identifies the employing or contracting utility, and that clearly identifies the person as a utility worker under contract with or employed by an entity that owns, operates, leases, or controls a plant, property, or facility for the generation, transmission, distribution, or furnishing to or for the public, of electricity, natural or manufactured gas or propane, water, wastewater, telephone, or communications service, including two or more utilities rendering joint service.

(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, a security officer employed by the board of trustees of a community college, or a utility worker engaged in work on critical infrastructure as defined in s. 812.141(1), 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, security officer, or utility worker 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; s. 1, ch. 2025-73.

Arrestable Offenses under F.S. 784.07

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§784.07(3)BATTERYNO OFFENSE-SENTENCING ONLYF · 3rd

§784.07(3)BATTERYREMOVE SENTENCING ONLYF · 3rd

§784.07(2a)SIMPLE ASSLTASSAULT ON SPECIFIED PERSONNELM · 1st

§784.07(2b)BATTERYBATTERY ON SPECIFIED PERSONNELF · 3rd

§784.07(2c)ASSAULTRENUMBERED. SEE REC # 8505F · 2nd

§784.07(2c)ASSAULTRENUMBERED. SEE REC # 9998F · 2nd

§784.07(2c)AGGRAV ASSAULTAGGRAV ASSAULT ON SPECIFIED PERSONNELF · 2nd

§784.07(2d)AGGRAV BATTERYAGGRAV BATTERY ON SPECIFIED PERSONNELF · 1st

Notes of Decisions

Cited in 369 cases (21 in the last 5 years), 1978–2025 · leading case: State v. Barnum, 921 So. 2d 513 (Fla. 2006).

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State v. Barnum, 921 So. 2d 513 (Fla. 2006). · cites it 32× “The issue presented in Thompson was "whether knowledge of the victim's status as a law enforcement officer is an element of attempted murder of a law enforcement officer under subsection (3) of section 784.07, Florida Statutes (1993)." Thompson, 695 So.”

Gangapersad Ramroop v. State of Florida, 214 So. 3d 657 (Fla. 2017). · cites it 30× “This' Court concluded that “knowledge of the victim’s status as a law enforcement officer is a necessary element of the offense” defined in section 784.07, Florida Statutes (1993), and reversed the defendant’s conviction for attempted felony murder.”

Mills v. State, 822 So. 2d 1284 (Fla. 2002). · cites it 28× “In Merritt , we held that section 784.07, Florida Statutes (1995) [2] (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…”

Soverino v. State, 356 So. 2d 269 (Fla. 1978). · cites it 28× “NOTES [1] § 784.07, Fla. Stat. (Supp. 1976), reads: "Assault or battery of law enforcement officers or fire fighters; reclassification of offenses.”

Polite v. State, 973 So. 2d 1107 (Fla. 2007). · cites it 13× “("Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer.”

Thompson v. State, 695 So. 2d 691 (Fla. 1997). · cites it 16× “The issue in this case is whether knowledge of the victim's status as a law enforcement officer is an element of attempted murder of a law enforcement officer under subsection (3) of section 784.07, Florida Statutes (1993). [2] We answer this question in the affirmative and hold…”

Merritt v. State, 712 So. 2d 384 (Fla. 1998). · cites it 17× “Section 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and defining any criminal offense.”

State v. Hearns, 961 So. 2d 211 (Fla. 2007). · cites it 5× “See § 784.07, Fla. Stat. (1985). Section 784.”

Spurgeon v. State, 114 So. 3d 1042 (Fla. 5th DCA 2013). · cites it 17× “Here, the court’s construction of section 784.07(1)(a), that the statute *1046 “does not require the hospital be defined as in 395, but that the physicians, employees, agents or volunteers of hospitals are as defined in 395,” is problematic.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). · cites it 18× “065 and was based on a construction of Fla. Stat. § 784.07 , which explicitly contains a knowledge requirement.”

McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998). · cites it 8× “4th DCA 1997), which held that a Palm Beach County School Board police officer is a law enforcement officer within the meaning of section 784.07, Florida Statutes (1995). In fact, the majority opinion does not even mention C.”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 8× “§ 784.07(2)(a), Fla. Stat. To prove the crime of Assault on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed…”

Show all 369 citing cases →

— 784.07(1)(a) — 10 cases

McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998). “4th DCA 1997), which held that a Palm Beach County School Board police officer is a law enforcement officer within the meaning of section 784.07, Florida Statutes (1995). In fact, the majority opinion does not even mention C.”

Spurgeon v. State, 114 So. 3d 1042 (Fla. 5th DCA 2013). “Here, the court’s construction of section 784.07(1)(a), that the statute *1046 “does not require the hospital be defined as in 395, but that the physicians, employees, agents or volunteers of hospitals are as defined in 395,” is problematic.”

Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007).

McLaughlin v. State, 698 So. 2d 296 (Fla. 3d DCA 1997).

Isaac v. State, 626 So. 2d 1082 (Fla. 1st DCA 1993).

— 784.07(1)(b) — 1 case

Pruitt v. State, 363 So. 2d 552 (Fla. 1978).

— 784.07(2) — 66 cases

Polite v. State, 973 So. 2d 1107 (Fla. 2007). “("Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer.”

Merritt v. State, 712 So. 2d 384 (Fla. 1998). “Section 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and defining any criminal offense.”

Mills v. State, 822 So. 2d 1284 (Fla. 2002). “In Merritt , we held that section 784.07, Florida Statutes (1995) [2] (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…”

Gangapersad Ramroop v. State of Florida, 214 So. 3d 657 (Fla. 2017). “This' Court concluded that “knowledge of the victim’s status as a law enforcement officer is a necessary element of the offense” defined in section 784.07, Florida Statutes (1993), and reversed the defendant’s conviction for attempted felony murder.”

Thompson v. State, 695 So. 2d 691 (Fla. 1997). “The issue in this case is whether knowledge of the victim's status as a law enforcement officer is an element of attempted murder of a law enforcement officer under subsection (3) of section 784.07, Florida Statutes (1993). [2] We answer this question in the affirmative and hold…”

— 784.07(2)(B) — 2 cases

St. Louis v. Martin (Glades & Baker Cnty.) (M.D. Fla. 2020).

Cameron v. United States (S.D. Fla. 2023).

— 784.07(2)(a) — 8 cases

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “§ 784.07(2)(a), Fla. Stat. To prove the crime of Assault on a [Law Enforcement Officer] [Firefighter] [Emergency Medical Care Provider] [Traffic Accident Investigation Officer] [Traffic Infraction Enforcement Officer] [Parking Enforcement Specialist] [Security Officer employed…”

In Re Stand. Jury Inst. in Crim. Cases-Report No. 2008-05, 994 So. 2d 1038 (Fla. 2008).

D.J.D., a child v. State, 143 So. 3d 1115 (Fla. 4th DCA 2014).

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-05, 157 So. 3d 1027 (Fla. 2015).

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016).

— 784.07(2)(b) — 63 cases

Ramirez v. State, 113 So. 3d 105 (Fla. 5th DCA 2013).

State v. Hearns, 961 So. 2d 211 (Fla. 2007). “See § 784.07, Fla. Stat. (1985). Section 784.”

Merritt v. State, 712 So. 2d 384 (Fla. 1998). “Section 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and defining any criminal offense.”

— 784.07(2)(c) — 33 cases

Jones v. State, 872 So. 2d 938 (Fla. 5th DCA 2004).

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992).

Darst v. State, 816 So. 2d 680 (Fla. 5th DCA 2002).

Merritt v. State, 712 So. 2d 384 (Fla. 1998). “Section 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and defining any criminal offense.”

— 784.07(2)(d) — 16 cases

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992).

In Re Stand. Jury Inst. in Crim. Cases-Report No. 2008-05, 994 So. 2d 1038 (Fla. 2008).

Bright v. State, 760 So. 2d 287 (Fla. 5th DCA 2000).

Austin v. State, 852 So. 2d 898 (Fla. 5th DCA 2003).

— 784.07(2)(e) — 6 cases

Drumwright v. State, 743 So. 2d 1120 (Fla. 5th DCA 1999).

Tyron Terrance Roberts v. State, 152 So. 3d 669 (Fla. 4th DCA 2014).

Henry v. State, 857 So. 2d 344 (Fla. 2d DCA 2003).

State v. Andrews, 875 So. 2d 686 (Fla. 4th DCA 2004).

Oliveira v. State, 765 So. 2d 90 (Fla. 4th DCA 2000).

— 784.07(2X3) — 1 case

Ramroop v. State, 174 So. 3d 584 (Fla. 5th DCA 2015).

— 784.07(3) — 51 cases

State v. Barnum, 921 So. 2d 513 (Fla. 2006). “The issue presented in Thompson was "whether knowledge of the victim's status as a law enforcement officer is an element of attempted murder of a law enforcement officer under subsection (3) of section 784.07, Florida Statutes (1993)." Thompson, 695 So.”

Polite v. State, 973 So. 2d 1107 (Fla. 2007). “("Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer.”

Grinage v. State, 641 So. 2d 1362 (Fla. 5th DCA 1994).

— 784.07(3)(b) — 1 case

Mastay v. McDonough, 928 So. 2d 512 (Fla. 1st DCA 2006).

— 784.07(8) — 1 case

Ramroop v. State, 174 So. 3d 584 (Fla. 5th DCA 2015).

— 784.07(c) — 2 cases

Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000).

— 784.07(c)(b) — 1 case

Cameron v. United States (S.D. Fla. 2023).

— 784.07(l)(a) — 8 cases

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-05, 157 So. 3d 1027 (Fla. 2015).

C.L. v. State, 693 So. 2d 713 (Fla. 4th DCA 1997).

Hunter v. State, 376 So. 2d 438 (Fla. 1st DCA 1979).

E.P. v. State, 462 So. 2d 559 (Fla. 3d DCA 1985).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.