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Florida Statute 784.081 | Lawyer Caselaw & Research
F.S. 784.081 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
F.S. 784.081
784.081 Assault or battery on specified officials or employees; reclassification of offenses.
(1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local, state, regional, or national organization that is engaged in part in providing education and training to sports officials.
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and the Blind; a university lab school; a state university or any other entity of the state system of public education, as defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and Families; an employee of a lead community-based provider and its direct service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
(b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
(c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively participating as a sports official in an athletic contest or immediately following such athletic contest.
History.s. 3, ch. 96-293; s. 293, ch. 99-8; s. 11, ch. 2001-68; s. 1037, ch. 2002-387; s. 19, ch. 2004-41; s. 1, ch. 2004-276; s. 48, ch. 2004-350; s. 299, ch. 2014-19.

F.S. 784.081 on Google Scholar

F.S. 784.081 on Casetext

Amendments to 784.081


Arrestable Offenses / Crimes under Fla. Stat. 784.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.081 1 - AGGRAV BATTERY - ON ELEC OFF EDUCATION DCF OR CONTRACT EMPLOYEE - F: F
S784.081 2 - ASSAULT - ON ELEC OFF EDUCATION DCF OR CONTRACT EMPLOYEE - F: S
S784.081 2a - AGGRAV BATTERY - ON PUBLIC OR PRIVATE EDUCATION EMPLOYEE - F: F
S784.081 2a - AGGRAV BATTERY - ON SPORTS OFFICIAL DURING OR AFTER CONTEST - F: F
S784.081 2a - AGGRAV BATTERY - ON DCFS EMPLOYEE OR PROTECTIVE INVESTIGATOR - F: F
S784.081 2a - AGGRAV BATTERY - ON EMPLOYEE OF COMMUNITY AND CONTRACT PROVIDER - F: F
S784.081 2a - AGGRAV BATTERY - ON ELECTED OFFICIAL - F: F
S784.081 2a - AGGRAV BATTERY - ON DEPART HEALTH EMPLOY DURING AFTER CONTEST - F: F
S784.081 2b - ASSAULT - ON PUBLIC OR PRIVATE EDUCATION EMPLOYEE - F: S
S784.081 2b - ASSAULT - ON SPORTS OFFICIAL DURING OR AFTER CONTEST - F: S
S784.081 2b - ASSAULT - ON DCFS EMPLOYEE OR PROTECTIVE INVESTIGATOR - F: S
S784.081 2b - ASSAULT - ON EMPLOYEE OF COMMUNITY AND CONTRACT PROVIDER - F: S
S784.081 2b - ASSAULT - ON ELECTED OFFICIAL - F: S
S784.081 2b - ASSAULT - ON DEPART HEALTH EMPLOY DURING AFTER CONTEST - F: S
S784.081 2c - BATTERY - ON PUBLIC OR PRIVATE EDUCATION EMPLOYEE - F: T
S784.081 2c - BATTERY - ON SPORTS OFFICIAL DURING OR AFTER CONTEST - F: T
S784.081 2c - BATTERY - ON DCFS EMPLOYEE OR PROTECTIVE INVESTIGATOR - F: T
S784.081 2c - BATTERY - ON EMPLOYEE OF COMMUNITY AND CONTRACT PROVIDER - F: T
S784.081 2c - BATTERY - ON ELECTED OFFICIAL - F: T
S784.081 2c - BATTERY - ON DEPART HEALTH EMPLOY DURING AFTER CONTEST - F: T
S784.081 2d - SIMPLE ASSLT - ON PUBLIC OR PRIVATE EDUCATION EMPLOYEE - M: F
S784.081 2d - SIMPLE ASSLT - ON SPORTS OFFICIAL DURING OR AFTER CONTEST - M: F
S784.081 2d - SIMPLE ASSLT - ON DCFS EMPLOYEE OR PROTECTIVE INVESTIGATOR - M: F
S784.081 2d - SIMPLE ASSLT - ON EMPLOYEE OF COMMUNITY AND CONTRACT PROVIDER - M: F
S784.081 2d - SIMPLE ASSLT - ON ELECTED OFFICIAL - M: F
S784.081 2d - SIMPLE ASSLT - ON DEPART HEALTH EMPLOY DURING AFTER CONTEST - M: F
S784.081 3 - BATTERY - ON ELEC OFF EDUCATION DCF OR CONTRACT EMPLOYEE - F: T
S784.081 4 - SIMPLE ASSLT - ON ELEC OFF EDUCATION DCF OR CONTRACT EMPLOYEE - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

T. K. a v. STATE, 245 So. 3d 960 (Fla. App. Ct. 2018)

. . . See §§ 784.03(1)(a)(1), 784.081(2)(c), Fla. Stat. (2016). . . .

MCNEIL, v. STATE, 215 So. 3d 55 (Fla. 2017)

. . . 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 . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . The same is true when the victim is a specified official or employee under section 784.081 or a code . . . inspector under section 784.083. §§ 784.081(2), 784.083, Fla. . . .

McNEIL, v. STATE, 162 So. 3d 274 (Fla. Dist. Ct. App. 2015)

. . . 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 . . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 157 So. 3d 1027 (Fla. 2015)

. . . .-078,- 784.081784.082, 784083, and 784Q85t See Spurgeon v. . . .

C. L. P. a v. STATE, 138 So. 3d 1121 (Fla. Dist. Ct. App. 2014)

. . . the trial judge designated a first-degree misdemeanor under an incorrect interpretation of section 784.081 . . . State, 906 So.2d 333, 334 (Fla. 4th DCA 2005), section 784.081 does not create the offense of attempted . . . assault, battery, or aggravated battery is committed against a school official or employee, section 784.081 . . .

CRITTENDEN, v. STATE, 137 So. 3d 1170 (Fla. Dist. Ct. App. 2014)

. . . first-degree misdemeanor battery conviction could not be reclassified to a third-degree felony under section 784.081 . . .

G. W. a v. STATE, 106 So. 3d 83 (Fla. Dist. Ct. App. 2013)

. . . these consolidated appeals, juveniles G.W., R.H., and T.L. challenge the constitutionality of section 784.081 . . . See § 784.081(2)(c), Fla. Stat. (2010). . . . It cannot be said that section 784.081 serves no legitimate government purpose. . . . It declared its intent when it enacted section 784.081, as it pertains to school district employees. . . . We therefore conclude that there is no constitutional infirmity to section 784.081(2)(c), and affirm . . .

HOPKINS, v. STATE, 105 So. 3d 470 (Fla. 2012)

. . . As noted by the trial judge, section 784.081, Florida Statutes (2007), was also created by chapter 96 . . . Section 784.081 also reclassifies assaults and batteries committed against school district employees . . . and officials, among others. § 784.081, Fla. . . .

H. W. a v. STATE, 79 So. 3d 143 (Fla. Dist. Ct. App. 2012)

. . . and adjudicating him guilty of assault on a school administrator, contrary to sections 784.011 and 784.081 . . . . was charged with assault on a specified official or employee, pursuant to sections 784.011(1) and 784.081 . . .

M. W. v. STATE, 51 So. 3d 1220 (Fla. Dist. Ct. App. 2011)

. . . M.W. had committed the delinquent acts of assault on a specified official under sections 784.011 and 784.081 . . .

S. G. A v. STATE, 29 So. 3d 383 (Fla. Dist. Ct. App. 2010)

. . . The State sought to reclassify the charge to a third degree felony pursuant to section 784.081(2) of . . . Section 784.081(2)(c) of the Florida Statutes (2008) reclassifies the crime of battery from a misdemeanor . . . See § 784.081(2) Fla. Stat. (2008). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . reclassification of assaults and batteries on designated classes: “784.074, 784.075, 784.076, 784.078, 784.081 . . .

POLITE, v. STATE, 973 So. 2d 1107 (Fla. 2007)

. . . The Third District referred to section 784.081(2), Florida Statutes (2000), which reclassifies the offense . . . Although section 784.081 has been subsequently amended, see ch. 2001-68, § 11, ch. 2002-387, § 1037, . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . reclassification of assaults and batteries on designated classes: §§ 784.074, 784.075, 784.076, 784.078, 784.081 . . .

POLITE, v. STATE, 933 So. 2d 587 (Fla. Dist. Ct. App. 2006)

. . . Florida Statutes (1995), a statute which was repealed on October 1, 1996, and replaced with section 784.081 . . . Section 784.081, Florida Statutes (2000), provides: Whenever a person is charged with committing an assault . . .

STATE v. L. L., 933 So. 2d 3 (Fla. Dist. Ct. App. 2006)

. . . . § 784.081(2)(e), Fla. Stat. (2004). . . .

STATE v. J. C. J. G. E. G. T. N. C. C., 916 So. 2d 847 (Fla. Dist. Ct. App. 2005)

. . . . § 784.081, Fla. Stat. (2004). The juveniles all admitted to the offenses as charged. . . . 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 . . . 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 . . .

W. T. D. a v. STATE, 906 So. 2d 333 (Fla. Dist. Ct. App. 2005)

. . . W.T.D. timely appeals his conviction for attempted battery on a school employee in violation of section 784.081 . . . an amended petition, was charged with attempted battery on a school employee in violation of section 784.081 . . . Florida Statutes section 784.081 reclassified assault, aggravated assault, battery or aggravated battery . . . For example, under section 784.081(2), the offense of battery upon a school district employee is reclassified . . .

C. R. C. v. STATE, 842 So. 2d 235 (Fla. Dist. Ct. App. 2003)

. . . Here, the State was required to prove, under section 784.081, Florida Statutes (2001), that C.R.C. actually . . .

J. D. C. v. STATE, 841 So. 2d 642 (Fla. Dist. Ct. App. 2003)

. . . See §§ 784.081(3), (4), 843.02, Fla. Stat. (2000). . . .

T. S. a v. STATE, 808 So. 2d 1276 (Fla. Dist. Ct. App. 2002)

. . . Florida Statutes (1995), a statute which was repealed on October 1, 1996, and replaced with section 784.081 . . .

T. H. a v. STATE, 797 So. 2d 1291 (Fla. Dist. Ct. App. 2001)

. . . . § 784.081(3), Fla. Stat. (2000). . . .

B. L. L. a v. STATE, 764 So. 2d 837 (Fla. Dist. Ct. App. 2000)

. . . Section 784.081, Florida Statutes (1997), reclassifies the offense of simple battery from a misdemeanor . . .

W. E. R. v. SCHOOL BOARD OF POLK COUNTY, N. L. J. v., 749 So. 2d 540 (Fla. Dist. Ct. App. 2000)

. . . has reason to know the identity or position or employment of the victim, ...” as specified in section 784.081 . . . Students violating s. 784.081; expulsion or placement in alternative school setting Notwithstanding any . . . school board shall adopt rules providing that any student found to have committed a violation of s. 784.081 . . . Section 784.081 reclassifies assaults and batteries on specified public officials and includes an increased . . . interpretation of section 6.23 of the Code of Student Conduct is at variance with sections 230.23015 and 784.081 . . .

D. A. B. a v. STATE, 700 So. 2d 129 (Fla. Dist. Ct. App. 1997)

. . . Because the delinquency petition failed to allege an element of the offense as specified in section 784.081 . . .