Florida Statutes

Fla. Stat. § 943.10 (2025)

Definitions; ss. 943.085-943.255.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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943.10 Definitions; ss. 943.085-943.255.—The following words and phrases as used in ss. 943.085-943.255 are defined as follows:

(1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; 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. The term includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. The term also includes a special officer employed by a Class I, Class II, or Class III railroad pursuant to s. 354.01.

(2) “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

(3) “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

(4) “Employing agency” means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term includes any private entity that has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility. The term also includes a Class I, Class II, or Class III railroad that employs special officers pursuant to s. 354.01.

(5) “Commission” means the Criminal Justice Standards and Training Commission.

(6) “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, 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.

(7) “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

(8) “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

(9) “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

(10) “Private criminal justice training school” means any private school, corporation, or institution, for profit or not for profit, devoted wholly or in part to instruction, by correspondence or otherwise, in criminal justice services, administration, training, and education, which awards any type of certificate, diploma, degree, or recognition for attendance, graduation, study, or participation to students, enrollees, or participants. This definition applies to all such schools operating wholly or in part within the state, including those chartered, incorporated, or formed outside the state.

(11) “Support personnel” means any person employed or appointed by an employing agency who is not an officer or, as specified by the commission, other professional employee in the criminal justice system.

(12) “Program” means the Criminal Justice Professionalism Program of the Department of Law Enforcement.

(13) “Head of the department” means the Governor and Cabinet, as provided for in ss. 20.201 and 20.03(11).

(14) “Officer” means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.

(15) “Public criminal justice training school” means any academy operated by an employing agency that is certified by the commission to conduct criminal justice training courses.

(16) “Criminal justice training school” means any private or public criminal justice training school certified by the commission.

(17) “Training center director” means a full-time salaried employee of a criminal justice training school who is responsible for the scheduling and general management of criminal justice courses and supervision and evaluation of criminal justice instructors.

(18) “Auxiliary correctional probation officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional probation officer and who, while under the supervision of a full-time or part-time correctional probation officer, has the same authority as a full-time or part-time correctional probation officer for the purpose of providing supervision of offenders in the community.

(19) “Part-time correctional probation officer” means a person who is employed less than full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or in the community.

(20) “Diverse population” means members of a cultural group with common origins, customs, and styles of living. This definition includes both ethnic and religious minorities.

(21) “Criminal justice executive” includes executives of law enforcement, correctional, and correctional probation agencies.

(22) “Special operations forces” means those active and reserve component forces of the military services designated by the Secretary of Defense and specifically organized, trained, and equipped to conduct and support special operations. The term includes, but is not limited to, servicemembers of the United States Army Special Forces and the United States Army 75th Ranger Regiment; the United States Navy SEALs and Special Warfare Combatant-Craft Crewmen; the United States Air Force Combat Control, Pararescue, and Tactical Air Control Party specialists; the United States Marine Corps Critical Skills Operators; and any other component of the United States Special Operations Command approved by the commission.

History.—s. 7, ch. 74-386; s. 4, ch. 78-323; s. 2, ch. 80-71; ss. 4, 24, 25, ch. 81-24; s. 1, ch. 82-46; s. 1, ch. 83-259; s. 2, ch. 83-265; s. 1, ch. 84-156; s. 3, ch. 84-258; ss. 6, 40, ch. 86-183; s. 5, ch. 86-187; ss. 5, 6, ch. 87-186; s. 39, ch. 89-526; s. 47, ch. 91-110; s. 5, ch. 91-429; s. 12, ch. 95-283; s. 1, ch. 97-225; s. 16, ch. 98-94; s. 1042, ch. 2002-387; s. 2, ch. 2007-45; s. 1, ch. 2018-46; s. 129, ch. 2023-8; s. 22, ch. 2023-197.

Notes of Decisions

Cited in 61 cases (3 in the last 5 years), 1982–2025 · leading case: In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018).

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In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). · cites it 26× “§ 943.10, Fla. Stat. "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is…”

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). · cites it 6× “Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited…”

McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998). · cites it 3× “This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law…”

In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008). · cites it 2× “§ 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). · cites it 4× “If requested, give definition of law enforcement officer from § 943.10(14), Fla. Stat. § 776.013(4), Fla.”

Lauranius Pierre v. City of Miramar, Florida, Inc., 537 F. App'x 821 (11th Cir. 2013). · cites it 4× “” See Fla. Stat. § 943.10 (1), (2); 4 cf. Fla. Stat.”

Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002). · cites it 2× “Section 943.10(6) defines a “part-time” law enforcement officer as “any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility…”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 2× “] § 943.10(2), Fla. Stat. “Correctional officer” means any person who is employed full time by the state or any political subdivision thereof; or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection,…”

In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006). · cites it 2× “§ 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.”

Stanford v. State, 415 So. 2d 879 (Fla. 1st DCA 1982). · cites it 12× “151, Florida Statutes (1979), extends only to a “law enforcement officer” as defined in Section 943.10(1), Florida Statutes, is without merit.”

State v. Boatman, 901 So. 2d 222 (Fla. 2d DCA 2005). · cites it 2× “, § 943.10(8), Fla. Stat. (2003) (defining "auxiliary law enforcement officer" and the scope of authority for that position).”

City of Homestead/Preferred Gov't Claims Solutions v. Foust, 242 So. 3d 1169 (Fla. 1st DCA 2018). · cites it 4× “18 refers to subsection 943.10(1), Florida Statutes, which includes only full-time LEOs (auxiliary LEOs are defined in subsection 943.”

Show all 61 citing cases →

— 943.10(1) — 17 cases

City of Homestead/Preferred Gov't Claims Solutions v. Foust, 242 So. 3d 1169 (Fla. 1st DCA 2018). “18 refers to subsection 943.10(1), Florida Statutes, which includes only full-time LEOs (auxiliary LEOs are defined in subsection 943.”

Porter v. State, 582 So. 2d 41 (Fla. 4th DCA 1991).

Stanford v. State, 415 So. 2d 879 (Fla. 1st DCA 1982). “151, Florida Statutes (1979), extends only to a “law enforcement officer” as defined in Section 943.10(1), Florida Statutes, is without merit.”

Florida Police Benevolent Ass'n, Inc. v. DEPT. OF Agric. & Consum. SERVS., 574 So. 2d 120 (Fla. 1991).

M.D. v. State, 65 So. 3d 563 (Fla. 1st DCA 2011).

— 943.10(10) — 1 case

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-03., 253 So. 3d 995 (Fla. 2018).

— 943.10(14) — 18 cases

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). “Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited…”

In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008). “§ 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-07., 257 So. 3d 908 (Fla. 2018). “If requested, give definition of law enforcement officer from § 943.10(14), Fla. Stat. § 776.013(4), Fla.”

In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006). “§ 943.10(14), Fla. Stat. "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). “§ 943.10, Fla. Stat. "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is…”

— 943.10(2) — 4 cases

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). “] § 943.10(2), Fla. Stat. “Correctional officer” means any person who is employed full time by the state or any political subdivision thereof; or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection,…”

State of Florida Dep't of Corr. v. Andrew Junod, 217 So. 3d 200 (Fla. 1st DCA 2017).

Crystal v. State, Dep't of Mgmt. Servs., Div. of Ret., 21 So. 3d 134 (Fla. 1st DCA 2009).

Anderson v. State, 798 So. 2d 764 (Fla. 2d DCA 2001).

— 943.10(4) — 3 cases

M.D. v. State, 65 So. 3d 563 (Fla. 1st DCA 2011).

Raulerson v. State of Florida (Fla. 1st DCA 2025).

MD v. State, 65 So. 3d 563 (Fla. 1st DCA 2011).

— 943.10(5) — 1 case

— 943.10(6) — 3 cases

Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002). “Section 943.10(6) defines a “part-time” law enforcement officer as “any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility…”

Benson v. State, 416 So. 2d 1199 (Fla. 5th DCA 1982).

— 943.10(7) — 1 case

Dean v. Rouillier, 597 So. 2d 961 (Fla. 5th DCA 1992).

— 943.10(8) — 4 cases

State v. Boatman, 901 So. 2d 222 (Fla. 2d DCA 2005). “, § 943.10(8), Fla. Stat. (2003) (defining "auxiliary law enforcement officer" and the scope of authority for that position).”

Riehle v. State, Dep't of High. Saf. & Motor Vehs., 684 So. 2d 823 (Fla. 2d DCA 1996).

Stumpff v. State, 998 So. 2d 1186 (Fla. 4th DCA 2009).

— 943.10(H) — 1 case

In re Amendments To Stand. Jury Instructions in Crim. Cases—Instruction 7.7., 41 So. 3d 853 (Fla. 2010).

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