784.078
Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
History.—s. 2, ch. 2001-244; s. 16, ch. 2014-191; s. 94, ch. 2015-2; s. 12, ch. 2024-84.
Notes of Decisions
Cited in 5
cases, 2003–2018 · leading case: Hopkins v. State
Hopkins v. State (2012)
“Under section 784.078, Florida Statutes (2007), the battery of a facility employee, a third-degree felony, occurs when 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…”
Standard Jury Instructions in Criminal Cases-Submission 2002-1 (2003)
“20 BATTERY ON FACILITY EMPLOYEE § 784.078, Fla.Stat. To prove the crime of Battery on a Facility Employee, the State must prove the following five elements beyond a reasonable doubt: L (Defendant) was detained in a facility.”
Lanier v. State (2008)
“07(2)(b), Florida Statutes (2002), battery on a facility employee, in violation of section 784.078, Florida Statutes (2002), and threatening a public servant, in violation of section 838.”
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11. (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11 (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
— 784.078(1) — 3 cases
Hopkins v. State (2012)
“Under section 784.078, Florida Statutes (2007), the battery of a facility employee, a third-degree felony, occurs when 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…”
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11. (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11 (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
— 784.078(2) — 2 cases
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-11. (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
In Re: Standard Jury Instructions in Criminal Cases - Report 2017-11 (2018)
“20 (Battery on Facility Employee) is amended to reflect the language in section 784.078, Florida Statutes (2018) (Battery of facility employee by throwing, tossing, or expelling certain fluids or materials).”
— 784.078(3)(a) — 1 case
Hopkins v. State (2012)
“Under section 784.078, Florida Statutes (2007), the battery of a facility employee, a third-degree felony, occurs when 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…”
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.