Florida Statute 943.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

View Entire Chapter

F.S. 943.10

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.

F.S. 943.10 on Google Scholar

F.S. 943.10 on Casetext

Amendments to 943.10

Arrestable Offenses / Crimes under Fla. Stat. 943.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.10.

Annotations, Discussions, Cases:

Cases Citing Statute 943.10

Total Results: 20

City of Tampa v. Foottit, Foottit

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: law enforcement officer as defined in s. 943.10 is not liable for injury, death, or property damage

Nicol Maslo v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-21

Snippet: law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Court: Supreme Court of Florida | Date Filed: 2021-06-17

Snippet: a state or local officer as defined in section 943.10(14), Florida Statutes, who holds

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: facility. § 812.014(2)(b)4, Fla. Stat., and § 943.10, Fla. Stat. “Law enforcement equipment”

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-01

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: enforcement officer” from § 943.10(14), Fla. Stat. § 776.013(4), Fla. Stat

K.O., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 267 So. 3d 427

Snippet: obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) . . . in the

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 765

Snippet: officer as defined in Fla. Stat. § 943.10(14), Fla. Stat., holding an active certification

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-07 – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Snippet: “law enforcement officer” from § 943.10(14), Fla. Stat. § 776.013(4), Fla. Stat

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-07.

Court: Supreme Court of Florida | Date Filed: 2018-11-21

Citation: 257 So. 3d 908

Snippet: give definition of law enforcement officer from § 943.10(14), Fla. Stat. § 776.013(4), Fla

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-02.

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1316

Snippet: facility. § 812.014(2)(b)4, Fla. Stat., and § 943.10, Fla. Stat. "Law enforcement equipment"

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 995

Snippet: government for purposes of this section.] § 943.10(10), Fla. Stat. "Law enforcement officer"

Graves v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 248 So. 3d 1238

Snippet: enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

Court: Supreme Court of Florida | Date Filed: 2018-02-08

Citation: 236 So. 3d 282

Snippet: performance of a legal duty. Definitions. § 943.10, Fla. Stat. "Law enforcement officer"

City of Homestead/Preferred Gov't Claims Solutions v. Foust

Court: District Court of Appeal of Florida | Date Filed: 2018-01-26

Citation: 242 So. 3d 1169

Snippet: Specifically, section 112.18 refers to subsection 943.10(1), Florida Statutes, which includes only full-time

State of Florida Department of Corr. v. Andrew Junod

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 200, 2017 Fla. App. LEXIS 5231

Snippet: of inmates within a correctional institution.” § 943.10(2), Fla. Stat. (2009) (defining correctional officers)

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Snippet: auxiliary law enforcement officers can be found in § 943.10, Fla. Stat.

Gangapersad Ramroop v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-30

Citation: 214 So. 3d 657, 42 Fla. L. Weekly Supp. 381, 2017 WL 1177635, 2017 Fla. LEXIS 691

Snippet: probation officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

Court: Supreme Court of Florida | Date Filed: 2017-03-09

Citation: 213 So. 3d 680

Snippet: £ 943.10Í14), Fla. Stat. See £ 943.10■ Fla. Stat. for further definitions

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-04

Citation: 211 So. 3d 55, 2017 Fla. App. LEXIS 83

Snippet: obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) ... personnel

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 1055, 2016 WL 1460708

Snippet: document and the evidence. Element 3g: See fe §§_ 943.10(1), (2), (3), (6), (7), (8), (9), Fla. Stat., for