Florida 2025 Regular Session

Florida House Bill H0175 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to criminal offenses against law 2
1616 enforcement officers and other personnel; providing a 3
1717 short title; amending s. 776.051, F.S.; revising a 4
1818 prohibition on the use or threatened use of force to 5
1919 resist arrest or detention; amending s. 782.065, F.S.; 6
2020 providing for enhanced punishment for additional 7
2121 offenses when committed against specified officers; 8
2222 revising applicability; amending s. 784.07, F.S .; 9
2323 revising the definition of the term "law enforcement 10
2424 officer"; revising provisions concerning assault or 11
2525 battery upon specified officers; amending s. 843.01, 12
2626 F.S.; revising a provision concerning resisting, 13
2727 obstructing, or opposing specified officers; p roviding 14
2828 an effective date. 15
2929 16
3030 Be It Enacted by the Legislature of the State of Florida: 17
3131 18
3232 Section 1. This act may be cited as the "Officer Jason 19
3333 Raynor Act." 20
3434 Section 2. Section 776.051, Florida Statutes, is amended 21
3535 to read: 22
3636 776.051 Use or threa tened use of force in resisting arrest 23
3737 or detention making an arrest or in the execution of a legal 24
3838 duty; prohibition.— 25
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4747 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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5151 (1) A person is not justified in the use or threatened use 26
5252 of force to resist any an arrest or detention by a law 27
5353 enforcement officer, or to resist a law enforcement officer who 28
5454 is engaged in the performance of his or her official duties as 29
5555 described in s. 943.10(1), if who is engaged in the execution of 30
5656 a legal duty, if the law enforcement officer was acting in good 31
5757 faith and he or she is known, or reasonably appears, to be a law 32
5858 enforcement officer. 33
5959 (2) A law enforcement officer, or any person whom the 34
6060 officer has summoned or directed to assist him or her, is not 35
6161 justified in the use of force if the arrest or execution of a 36
6262 legal duty is unlawful and known by him or her to be unlawful. 37
6363 Section 3. Section 782.065, Florida Statutes, is amended 38
6464 to read: 39
6565 782.065 Murder; law enforcement officer, correctional 40
6666 officer, correctional probation officer. —Notwithstanding ss. 41
6767 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 42
6868 shall be sentenced to life imprisonment without eligibility for 43
6969 release upon findings by the trier of fact that, beyond a 44
7070 reasonable doubt: 45
7171 (1) The defendant committed murder in the first degree in 46
7272 violation of s. 782.04(1) and a death sentence was not imposed; 47
7373 murder in the second or third degree in violation of s. 48
7474 782.04(2), (3), or (4); attempted murder in the first or second 49
7575 degree in violation of s. 782.04(1)(a)1. or (2); or attempted 50
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8484 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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8888 felony murder in violation of s. 782.051 ; or manslaughter in 51
8989 violation of s. 782.07 ; and 52
9090 (2) The victim of any offense described in subsection (1) 53
9191 was a law enforcement officer, part -time law enforcement 54
9292 officer, auxiliary law enforcement officer, correctional 55
9393 officer, part-time correctional officer, auxiliary correctional 56
9494 officer, correctional probation officer, part -time correctional 57
9595 probation officer, or auxiliary correctional probation officer, 58
9696 as those terms are defined in s. 943.10, who was engaged in the 59
9797 performance of his or her official duties as described in s. 60
9898 943.10 engaged in the lawful performance of a legal duty . 61
9999 Section 4. Paragraph (e) of subsection (1) and subsection 62
100100 (2) of section 784.07, Florida Statutes, are amended to read: 63
101101 784.07 Assault or bat tery of law enforcement officers and 64
102102 other specified personnel; reclassification of offenses; minimum 65
103103 sentences.— 66
104104 (1) As used in this section, the term: 67
105105 (e) "Law enforcement officer" includes a law enforcement 68
106106 officer, a correctional officer, a correctional probation 69
107107 officer, a part-time law enforcement officer, a part -time 70
108108 correctional officer, an auxiliary law enforcement officer, and 71
109109 an auxiliary correctional officer, as those terms are 72
110110 respectively defined i n s. 943.10, and any county probation 73
111111 officer; an employee or agent of the Department of Corrections 74
112112 who supervises or provides services to inmates; an officer of 75
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121121 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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125125 the Florida Commission on Offender Review; a federal law 76
126126 enforcement officer as defined in s. 901.1505; and law 77
127127 enforcement personnel of the Fish and Wildlife Conservation 78
128128 Commission, the Department of Environmental Protection, or the 79
129129 Department of Law Enforcement. The duties and responsibilities 80
130130 of these respective positions are described in s. 9 43.10. 81
131131 (2) Whenever any person is charged with knowingly 82
132132 committing an assault or battery upon a law enforcement officer, 83
133133 a firefighter, an emergency medical care provider, hospital 84
134134 personnel, a railroad special officer, a traffic accident 85
135135 investigation officer as described in s. 316.640, a nonsworn law 86
136136 enforcement agency employee who is certified as an agency 87
137137 inspector, a blood alcohol analyst, or a breath test operator 88
138138 while such employee is in uniform and engaged in processing, 89
139139 testing, evaluating, ana lyzing, or transporting a person who is 90
140140 detained or under arrest for DUI, a law enforcement explorer, a 91
141141 traffic infraction enforcement officer as described in s. 92
142142 316.640, a parking enforcement specialist as defined in s. 93
143143 316.640, a person licensed as a sec urity officer as defined in 94
144144 s. 493.6101 and wearing a uniform that bears at least one patch 95
145145 or emblem that is visible at all times that clearly identifies 96
146146 the employing agency and that clearly identifies the person as a 97
147147 licensed security officer, or a secu rity officer employed by the 98
148148 board of trustees of a community college, while the officer, 99
149149 firefighter, emergency medical care provider, hospital 100
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158158 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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162162 personnel, railroad special officer, traffic accident 101
163163 investigation officer, traffic infraction enforcement off icer, 102
164164 inspector, analyst, operator, law enforcement explorer, parking 103
165165 enforcement specialist, public transit employee or agent, or 104
166166 security officer is engaged in the performance of his or her 105
167167 official duties is engaged in the lawful performance of his or 106
168168 her duties, the offense for which the person is charged shall be 107
169169 reclassified as follows: 108
170170 (a) In the case of assault, from a misdemeanor of the 109
171171 second degree to a misdemeanor of the first degree. 110
172172 (b) In the case of battery, from a misdemeanor of the 111
173173 first degree to a felony of the third degree. Notwithstanding 112
174174 any other provision of law, a person convicted of battery upon a 113
175175 law enforcement officer committed in furtherance of a riot or an 114
176176 aggravated riot prohibited under s. 870.01 shall be sentenced to 115
177177 a minimum term of imprisonment of 6 months. 116
178178 (c) In the case of aggravated assault, from a felony of 117
179179 the third degree to a felony of the second degree. 118
180180 Notwithstanding any other provision of law, any person convicted 119
181181 of aggravated assault upon a law enforce ment officer shall be 120
182182 sentenced to a minimum term of imprisonment of 3 years. 121
183183 (d) In the case of aggravated battery, from a felony of 122
184184 the second degree to a felony of the first degree. 123
185185 Notwithstanding any other provision of law, any person convicted 124
186186 of aggravated battery of a law enforcement officer shall be 125
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195195 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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199199 sentenced to a minimum term of imprisonment of 5 years. 126
200200 Section 5. Subsection (1) of section 843.01, Florida 127
201201 Statutes, is amended to read: 128
202202 843.01 Resisting, obstructing, or opposing by offering or 129
203203 doing violence to legally authorized person, police canine, or 130
204204 police horse.— 131
205205 (1) Whoever knowingly and willfully resists, obstructs, or 132
206206 opposes any officer as defined in s. 943.10(1), (2), (3), (6), 133
207207 (7), (8), or (9); member of the Florida Commission on Offender 134
208208 Review or any administrative aide or supervisor employed by the 135
209209 commission; parole and probation supervisor; county probation 136
210210 officer; personnel or representative of the Department of Law 137
211211 Enforcement; or other person legally authorized to execu te 138
212212 process in the execution of legal process or engaged in the 139
213213 performance of his or her official duties as described in s. 140
214214 943.10 in the lawful execution of any legal duty , by offering or 141
215215 doing violence to the person of such officer or legally 142
216216 authorized person, commits a felony of the third degree, 143
217217 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 144
218218 Section 6. This act shall take effect October 1, 2025. 145