Florida Statute 784.78 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.078

784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.—

(1) As used in this section, the term “facility” means a state correctional institution defined in s. 944.02(8); a contractor-operated correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice.

(2)(a) As used in this section, the term “employee” includes any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs, pursuant to part II of chapter 946.

(b) “Employee” includes any person who is a parole examiner with the Florida Commission on Offender Review.

(3)(a) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material.

(b) Any person who violates paragraph (a) commits battery of a facility employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 2001-244; s. 16, ch. 2014-191; s. 94, ch. 2015-2; s. 12, ch. 2024-84.

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Amendments to 784.078

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.078

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.078 - BATTERY - RENUMBERED. SEE REC # 8824 - F: T

S784.078 3 - BATTERY - RENUMBERED. SEE REC # 7449 - F: T

S784.078 3a - BATTERY - DETENTION FACILITY EMP W FLUIDS MATERIALS - F: T

Cases Citing Statute 784.078

Total Results: 5

Hopkins v. State

105 So. 3d 470, 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799

Supreme Court of Florida | Filed: Sep 13, 2012 | Docket: 60227855

Cited 6 times | Published

Fla. Stat. (2007) (emphasis added). Under section 784.078, Florida Statutes (2007), the battery of a

Lanier v. State

983 So. 2d 658, 2008 WL 2120798

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1670504

Cited 5 times | Published

battery on a facility employee, in violation of section 784.078, Florida Statutes (2002), and threatening a

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

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498562

Published

Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility

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

260 So. 3d 930

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439937

Published

Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility

Standard Jury Instructions in Criminal Cases-Submission 2002-1

850 So. 2d 1272, 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321

Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 64824176

Published

correctional facility 8.20 BATTERY ON FACILITY EMPLOYEE § 784.078, Fla.Stat. To prove the crime of Battery on a