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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to assault or battery on hospital 2
personnel; amending s. 784.07, F.S.; defining the term 3
"hospital personnel"; providing for the 4
reclassification of certain offenses committed against 5
hospital personnel while engaged in the performance of 6
their duties; providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraphs (c) through ( f) of subsection (1) of 11
section 784.07, Florida Statutes, are redesignated as paragraphs 12
(d) through (g), respectively, a new paragraph (c) is added to 13
that subsection, and subsection (2) of that section is amended, 14
to read: 15
784.07 Assault or battery of law enforcement officers and 16
, firefighters, emergency medical care providers, public transit 17
employees or agents, or other specified personnel officers; 18
reclassification of offenses; minimum sentences. — 19
(1) As used in this section, the term: 20
(c) "Hospital personnel" means a health care practitioner 21
as defined in s. 456.001, an employee, an agent, or a volunteer 22
who is employed, under contract, or otherwise authorized by a 23
hospital, as defined in s. 395.002, to perform duties directly 24
associated with the care and treatment rendered by any 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
department of a hospital or with the security thereof. 26
(2) Whenever any person is charged with knowingly 27
committing an assault or battery upon a law enforcement officer, 28
a firefighter, an emergency medical care provid er, hospital 29
personnel, a railroad special officer, a traffic accident 30
investigation officer as described in s. 316.640, a nonsworn law 31
enforcement agency employee who is certified as an agency 32
inspector, a blood alcohol analyst, or a breath test operator 33
while such employee is in uniform and engaged in processing, 34
testing, evaluating, analyzing, or transporting a person who is 35
detained or under arrest for DUI, a law enforcement explorer, a 36
traffic infraction enforcement officer as described in s. 37
316.640, a parking enforcement specialist as defined in s. 38
316.640, a person licensed as a security officer as defined in 39
s. 493.6101 and wearing a uniform that bears at least one patch 40
or emblem that is visible at all times that clearly identifies 41
the employing agency and that clearly identifies the person as a 42
licensed security officer, or a security officer employed by the 43
board of trustees of a community college, while the officer, 44
firefighter, emergency medical care provider, hospital 45
personnel, railroad special officer, traffic accident 46
investigation officer, traffic infraction enforcement officer, 47
inspector, analyst, operator, law enforcement explorer, parking 48
enforcement specialist, public transit employee or agent, or 49
security officer is engaged in the lawfu l performance of his or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
her duties, the offense for which the person is charged shall be 51
reclassified as follows: 52
(a) In the case of assault, from a misdemeanor of the 53
second degree to a misdemeanor of the first degree. 54
(b) In the case of battery, from a misdemeanor of the 55
first degree to a felony of the third degree. Notwithstanding 56
any other provision of law, a person convicted of battery upon a 57
law enforcement officer committed in furtherance of a riot or an 58
aggravated riot prohibited under s. 870.01 shall be sentenced to 59
a minimum term of imprisonment of 6 months. 60
(c) In the case of aggravated assault, from a felony of 61
the third degree to a felony of the second degree. 62
Notwithstanding any other provision of law, any person convicted 63
of aggravated assault upon a law enforcement officer shall be 64
sentenced to a minimum term of imprisonment of 3 years. 65
(d) In the case of aggravated battery, from a felony of 66
the second degree to a felony of the first degree. 67
Notwithstanding any other provision of law, any person convicted 68
of aggravated battery of a law enforcement officer shall be 69
sentenced to a minimum term of imprisonment of 5 years. 70
Section 2. This act shall take effect October 1, 2023. 71