The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The JCC held that Sargent could not rely upon his initial pre-employment physical examination in May 2012-the only one BCSO ever required-because it was performed when he applied for a part-time correctional officer position rather than a full-time correctional officer position. The JCC's conclusion was based on the definition of "correctional officer," which-for purposes of sections 943.085-943.255, Florida Statutes-is defined in relevant part as "any person who is appointed or employed full time by the state or any political subdivision thereof . . . and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution[, ]" but not including "any secretarial, clerical, or professionally trained personnel." Id. § 943.10(2) (emphasis added). For like purposes, a "part-time correctional officer" is defined similarly but is limited to those who "employed or appointed less than full time" by their respective agencies. Id. § 943.10(7).
Per Curiam. DENIED. See Fla. R. App. P. 9.100(h) (conditioning issuance of order to show cause in writ proceedings on the Court's finding that "the petition demonstrates a preliminary basis for relief [or] a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal"); § 776.032(1), Fla. Stat. (2019) (excluding from stand-your-ground immunity acts of force used or threatened against "a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer").
DENIED. See Fla. R. App. P. 9.100(h) (conditioning issuance of order to show cause in writ proceedings on the Court's finding that "the petition demonstrates a preliminary basis for relief [or] a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal"); § 776.032(1), Fla. Stat. (2019) (excluding from stand-your-ground immunity acts of force used or threatened against "a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer").
A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.
A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, as those terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a servicemember as defined in s. 250.01.
AFFIRMED . See § 112.18(1)(b), Fla. Stat. (2018) (providing for an occupational causation presumption for any condition or impairment of health caused by heart disease or hypertension suffered by a law enforcement officer as defined in section 943.10, Florida Statutes ); § 943.10(1), Fla. Stat. (2018) (defining "law enforcement officer" as a person employed full-time by a political subdivision of the state, who is "vested with authority to bear arms and make arrests," and who is primarily responsible for "the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state").
A law enforcement officer is defined as "any person who is elected, appointed, or employed full time by any municipality . . . who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state." Fla. Stat. § 943.10( 1). Furthermore, all law enforcement officers are required to demonstrate proficiency in firearms. Fla. Stat. § 943.12(16). If an officer fails to demonstrate proficiency under the required firearms qualifications standard, he or she "shall not perform the duties of a sworn officer." Fla. Admin. Code Rule 11B-27.00212(14)(a). Here, it is undisputed that Plaintiff was unable to use a firearm, an essential function of a sworn law enforcement officer, and thus, an accommodation regarding such inability would not be reasonable. See Frazier v. Simmons, 254 F.3d 1247, 1261 (10th Cir. 2001) (concluding that the ability to carry a firearm was essential to job of an investigator and that reassigning functions that may require the use of a firearm was not a reasonable accommodation); Heard v. Union City, No…
Our analysis begins with review of the three statutes at the core of this dispute. Initially, section 790.115(2)(a) establishes the general prohibition against carrying firearms on school campuses. It provides, "[a] person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school ...." § 790.115(2)(a), Fla. Stat. (2019). The statute exempts from the prohibition "any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14)." § 790.115(3), Fla. Stat. (2019). The statute has remained unaltered since 2006.
(1) Whoever shall, willfully and with intent to defraud, obtain or attempt to obtain goods, products, merchandise, or services from any health care provider in this state, as defined in s. 641.19(14), including a person who, during a declared public health emergency as defined in s. 381.00315, willfully and with intent to defraud, claims that he or she has contracted a communicable disease, to obtain or attempt to obtain such goods, products, merchandise, or services or falsely reports that he or she has contracted a communicable disease to a law enforcement officer as defined in s. 943.10, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Second, Liss attempts to allege a custom by listing fourteen prior incidents allegedly involving excessive force. (Doc. 45 ¶ 46b). This Court has previously found that alleging a list of similar, prior incidents of excessive force is sufficient to allege a custom of excessive force at the motion to dismiss stage. See Blessing v. Williams, No. 3:19-CV-731-J-32MCR, 2020 WL 1065116, at *5 (M.D. Fla. Mar. 5, 2020) (relying on Mims v. Williams, No. 3:19-cv-260-J-20JRK (M.D. Fla. Jan. 29, 2020); Wilson v. Williams, No. 3:19-cv-822-J-34PDB, 2019 WL 6324265, at *4 (M.D. Fla. Nov. 26, 2019); Martinez v. Williams, No. 3:17-cv-1319-J-20MCR (M.D. Fla. Sept. 26, 2019)). However, Blessing, and the cases it relies upon, are distinguishable. In those cases, the plaintiffs alleged excessive force by JSO patrol officers during an arrest, and the list of prior excessive force incidents had "the common link [of] alleged use of excessive force in arresting individuals who [we]re not resisting." Wilson, 2019 WL 6324265, at *4. Here, Liss alleges excessive force against him by correctional officers at the pretrial detention facility but lists incidents of alleged excessive force by patrol officers in…
. . . Section 843.02 provides: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . . § 943.10(14),Fla. . . .
. . . . § 943.10(1) (West 1982). . . .
. . . If requested, give definition of law enforcement officer from § 943.10(14), Fla. . . . If requested, give definition of law enforcement officer from § 943.10(14), Fla. . . .
. . . Stat., and § 943.10, Fla. Stat. . . .
. . . .] § 943.10(10), Fla. Stat. . . .
. . . . § 943.10(1m). . . . Stat. § 943.10(1m). . . . Stat. § 943.10(1m) is considerably broader than the "generic burglary" definition adopted in Taylor . . . . Charging documents for both Franklin and Sahm show they were charged with and convicted under § 943.10 . . . Stat. § 943.10(1m)(a) & (e). . . .
. . . convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10 . . .
. . . . § 943.10(1m)(a), qualify as convictions for violent felonies under the federal Armed Career Criminal . . . Stat. § 943.10(1m)(a). . . . The last subsection, § 943.10(1m)(f), is a little different, covering "a room within any of the above . . . We conclude that the remaining subsections in § 943.10(1m) are distinct and divisible. . . . Stat. § 943.10(1)(a)-(f) to § 943.10(1m)(a)-(f), but the language remained the same. . . .
. . . . § 943.10 (1977); Wyo. Stat. Ann . § 6-3-301 (1985). . . . Stat. § 943.10 ; Wyo. Stat. Ann. § 6-1-104(a)(v). . . .
. . . . § 943.10, Fla. Stat. . . . Definitions. § 943.10, Fla. Stat. . . . Definitions. § 943.10, Fla. Stat. . . . Definitions. § 943.10, Fla. Stat. . . . As applied to Designated Personnel. § 943.10(14), Fla. Stat. See § 943.10, Fla. . . .
. . . Specifically, section 112.18 refers to subsection 943.10(1), Florida Statutes, which includes only full-time . . . LEOs (auxiliary LEOs are defined in subsection 943.10(8) ). . . . follows: Any condition or impairment of health of ... any law enforcement officer ... as defined in s. 943.10 . . . officer," it is clear that the statute refers to an examination before hire as a LEO defined by section 943.10 . . .
. . . appointed Police Officer and is empowered to execute all duties of the office as prescribed by F.S.S. 943.10 . . . Stat. § 943.10(1). . . . .
. . . .” § 943.10(2), Fla. Stat. (2009) (defining correctional officers). . . . control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10 . . .
. . . correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10 . . .
. . . See £ 943.10■ Fla. . . .
. . . . § 943.10(lm)(a), a subsection of the Wisconsin burglary statute: 943.10(lm) Whoever intentionally enters . . . Without question, § 943.10(lm), viewed as a whole, encompasses a broader range of conduct than generic . . . It must be modified if entry involved any of the other places listed in § 943.10(l)(a) through (f).” . . . For these reasons, we conclude that subsections (a)-(f) of § 943.10(lm) list the locational elements . . . On appeal, Lamb does not argue that the various subsections of § 943.10(lm) are indivisible. . . .
. . . states: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . . Section 943.10, Florida Statutes, (2014), refers to “any person”- in defining who is. a police officer . . . . § 943.10(1),,. . . .
. . . Id. at § 943.10(2). . . .
. . . . § 943.10 (West 2005) Some of the foregoing offenses may not constitute “generic” burglary because they . . . State, 63 Wis.2d 412, 217 N.W.2d 317, 319 (1974) ("To constitute the crime of burglary under sec. 943.10 . . .
. . . . § 943.10. . . .
. . . . § 943.10(1m)(a). . . . Stat. § 943.10(1m)(a), qualified as a crime of violence under § 4B1.2(a)(2) of the Guidelines. . . . The defendants have prior convictions for burglary in violation of section 943.10(1m)(a) of the Wisconsin . . . Section 943.10(1m) provides: Whoever intentionally enters any of the following places without the consent . . .
. . . Stat., and § 943.10, Fla. Stat. . . .
. . . Element 3g: See fe §§_ 943.10(1), (2), (3), (6), (7), (8), (9), Fla. . . .
. . . . § 943.10(lm)(a). . . . Stat. § 943.10(lm)(a). . . .
. . . enforcement. officers, correctional officers, and correctional probation officers, as defined in s.943.10 . . .
. . . correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10 . . .
. . . force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10 . . .
. . . enforcement officer and section 790.233(1) “does not apply to a state or local officer as defined in s. 943.10 . . . Section 943.10(14) defines an "officer” as "any person employed or appointed as a full-time, part-time . . . , or auxiliary law enforcement officer, correctional officer, or correctional probation officer.” § 943.10 . . .
. . . . § 943.10(lm). . . .
. . . Stat., and § 943.10, Fla. . . .
. . . .; 943.10(1), Fla. Stat. . . . detection of crime” or “enforcement of the ... laws of this state.” §§ 112.531(1); 316.1906(l)(d)l.; 943.10 . . .
. . . Lesser-Included Offenses Comments Element 3g: See s. 943.10(1), (2), (3), (6), (7), (8), (9) for the . . .
. . . control district firefighter or any law enforcement officer or correctional officer as defined in s.943.10 . . .
. . . Stat. 943.10(14), holding an active certification, who received or possessed a firearm or ammunition . . .
. . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . . Trial judges may consult sections 790.001, 934.02, and 943.10 in deciding whether and how to define “ . . .
. . . .] § 943.10(2), Fla. Stat. . . .
. . . force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10 . . .
. . . any law enforcement officer, correctional officer, or correctional probation officer as defined in s.943.10 . . .
. . . . § 943.10(1), (2); cf. Fla. . . . Stat. § 943.10(1), (2). . . . Fla.1998-31 (1998) (based on the powers and duties set forth in section 943.10, law enforcement officers . . . Stat. § 943.10(1). . . . Stat. § 943.10(2). . . . .
. . . . §§ 943.10, 943.01, though Dabel was acquitted. Cherry’s direct appeal is still pending. . . .
. . . _Respondent is a state or local officer, as defined in section 943.10(14), Florida Statutes, who holds . . . _Respondent is a state or local officer, as defined in section 943.10(14), Florida Statutes, who holds . . .
. . . The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10 . . .
. . . Saeger was convicted of two counts of burglary as a party to the crime, contrary to Sections 943.10(lm . . .
. . . control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10 . . .
. . . Section 843.02 states as follows: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . 327.70 refers to "municipal police officers, and any other law enforcement officer as defined in s. 943.10 . . . Stat. § 943.10(a). . . .
. . . states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . . — whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), . . .
. . . . § 943.10(lm)(a), and vehicular fleeing, id. § 346.04(3). . . .
. . . states: School resource officers shall be certified law enforcement officers, as defined in section 943.10 . . . (1), who are employed by a law enforcement agency as defined in section 943.10(4). . . .
. . . force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10 . . .
. . . The statute says: “officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the . . .
. . . . § 943.10(lm)(a). . . .
. . . . § 943.10(H), Fla. . . .
. . . . § 943.10(2)(a); and armed robbery with threat of force, Wis. . . .
. . . . § 943.10 (burglary). Finally, Mr. . . . Under Wisconsin Statute Section 943.10, a person who intentionally enters any building or dwelling "without . . .
. . . control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10 . . .
. . . the incorrect standard specified in section 121.0515, Florida Statutes (2006), rather than section 943.10 . . . Section 943.10(2), defines “correctional officer” as any person who is appointed or employed full time . . . Neither section 112.18(1) nor section 943.10(2) delineates between regular and special-risk classes. . . . Section 943.10(2) clearly defines a “correctional officer” as a person whose primary responsibility is . . . , the position of “classification officer” fits the definition of “correctional officer” in section 943.10 . . .
. . . . § 943.10(2)(a), conspiracy to commit armed robbery, id. § 943.32(2), child abuse, id. § 948.03(2)(b . . .
. . . enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10 . . .
. . . force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10 . . .
. . . Section 843.02 makes it a misdemeanor to “resist, obstruct, or oppose any officer as defined in s. 943.10 . . . under section 843.02, modifies not only any “other person,” but also “any officer as defined in s. 943.10 . . . entirety, section 843.02 provides: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10 . . . Stumpff is such an officer, as is explained in section 943.10(8): “Auxiliary law enforcement officer” . . . enforcement officer,” “correctional officer,” or “correctional probation officer” as defined in s. 943.10 . . . Stumpff, although inactive, remained an “auxiliary law enforcement officer” under section 943.10(8), . . .
. . . . § 943.10(14), Fla. Stat. . . .
. . . . — Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), . . .
. . . states in pertinent part that: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . , unless the person against whom such force was used is a law enforcement officer, as defined in s. 943.10 . . .
. . . condition or impairment of health of any Florida ... municipal ... firefighter ... as defined in s. 943.10 . . .
. . . statute states in relevant part: “Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . pleaded nolo contendere to one count of burglary with intent to commit a felony, in violation of section 943.10 . . .
. . . . §§ 943.10(1) and 939.05. 2. . . . Stat. § 943.10(l)(a). 3. April 1, 2000: Two counts of Breaking and Entering in violation of Mich. . . . Stat. § 943.10 (1997), which defines burglary, provides: (1) Whoever intentionally enters any of the . . . Thomson was charged with two counts under § 943.10(1). . . . Section 943.10(l)(a) clearly places buildings, occupied or not, and dwellings on equal footing. . . .
. . . provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . .
. . . . § 943.10(lm)(a), which criminalizes the entry of “any building or dwelling” where entry is made “without . . .
. . . Fla¡ Stat. (2002) (defining “law enforcement officer” as “a law enforcement officer as defined in s. 943.10 . . . Stat. (2002) (defining “law enforcement officer” as “a law enforcement officer as defined in s. 943.10 . . . Stat. (2002) (defining “law enforcement officer”); § 943.10, Fla. . . .
. . . "Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in § 943.10(1) . . .
. . . violence to his or her person Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . . — Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1),(2),(3),(6),(7), . . .
. . . . — Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . .
. . . provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . . his or her person,” states: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . communication” states: It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10 . . . (1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined . . . in s. 943.10(3) of her or his weapon or radio or to. otherwise deprive the officer of the means to defend . . .
. . . violence to his or her person Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . . § 943.10(1), and two counts of criminal damage to property, Wis. Stat. § 943.01(1). . . .
. . . control district firefighter or any law enforcement officer or correctional officer as defined in s. 943.10 . . . district firefighter or any state law enforcement officer or correctional officer as defined in s. 943.10 . . .
. . . provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . .
. . . See, e.g., § 943.10(8), Fla. . . .
. . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . .
. . . This statute provides that: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10 . . .
. . . person Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . .
. . . the term of supervision, upon the direction of the correctional probation officer as defined in s. 943.10 . . .
. . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . .
. . . . §§ 843.02; 943.10, Fla. Stat. (2001). . . .
. . . Section 943.10(6) defines a “part-time” law enforcement officer as “any person employed or appointed . . . the officers appropriately were classified as “part-time”, White stated: [Florida Statute] Section 943.10 . . .
. . . . § 943.10 ("building or dwelling, [several types of vehicles and portions of vehicles], or [a] room . . .
. . . Stat. (2000) (defin ing law enforcement officer to include a correctional officer); § 943.10(2), Fla. . . .
. . . Williams’ suggestion that the term is equivalent to “law enforcement officer” as defined in section 943.10 . . .
. . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . . Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds . . . Respondent is a state or local officer as defined in section- 943.10(14), Florida Statutes, who holds . . .
. . . But the statute also says: “Other police officers, as defined in section 943.10(1), may be determined . . . Section 943.10(1) references a very broad category of officers: [A]ny person who is elected, appointed . . .
. . . pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 . . .
. . . . § 943.10(1). . . .