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3 | 3 | | HB 175 2025 |
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9 | 9 | | Page 1 of 6 |
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10 | 10 | | 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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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to criminal offenses against law 2 |
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16 | 16 | | enforcement officers and other personnel; providing a 3 |
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17 | 17 | | short title; amending s. 776.051, F.S.; revising a 4 |
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18 | 18 | | prohibition on the use or threatened use of force to 5 |
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19 | 19 | | resist arrest or detention; amending s. 782.065, F.S.; 6 |
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20 | 20 | | providing for enhanced punishment for additional 7 |
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21 | 21 | | offenses when committed against specified officers; 8 |
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22 | 22 | | revising applicability; amending s. 784.07, F.S .; 9 |
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23 | 23 | | revising the definition of the term "law enforcement 10 |
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24 | 24 | | officer"; revising provisions concerning assault or 11 |
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25 | 25 | | battery upon specified officers; amending s. 843.01, 12 |
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26 | 26 | | F.S.; revising a provision concerning resisting, 13 |
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27 | 27 | | obstructing, or opposing specified officers; p roviding 14 |
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28 | 28 | | an effective date. 15 |
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29 | 29 | | 16 |
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30 | 30 | | Be It Enacted by the Legislature of the State of Florida: 17 |
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31 | 31 | | 18 |
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32 | 32 | | Section 1. This act may be cited as the "Officer Jason 19 |
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33 | 33 | | Raynor Act." 20 |
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34 | 34 | | Section 2. Section 776.051, Florida Statutes, is amended 21 |
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35 | 35 | | to read: 22 |
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36 | 36 | | 776.051 Use or threa tened use of force in resisting arrest 23 |
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37 | 37 | | or detention making an arrest or in the execution of a legal 24 |
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38 | 38 | | duty; prohibition.— 25 |
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40 | 40 | | HB 175 2025 |
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46 | 46 | | Page 2 of 6 |
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47 | 47 | | 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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51 | 51 | | (1) A person is not justified in the use or threatened use 26 |
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52 | 52 | | of force to resist any an arrest or detention by a law 27 |
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53 | 53 | | enforcement officer, or to resist a law enforcement officer who 28 |
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54 | 54 | | is engaged in the performance of his or her official duties as 29 |
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55 | 55 | | described in s. 943.10(1), if who is engaged in the execution of 30 |
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56 | 56 | | a legal duty, if the law enforcement officer was acting in good 31 |
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57 | 57 | | faith and he or she is known, or reasonably appears, to be a law 32 |
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58 | 58 | | enforcement officer. 33 |
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59 | 59 | | (2) A law enforcement officer, or any person whom the 34 |
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60 | 60 | | officer has summoned or directed to assist him or her, is not 35 |
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61 | 61 | | justified in the use of force if the arrest or execution of a 36 |
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62 | 62 | | legal duty is unlawful and known by him or her to be unlawful. 37 |
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63 | 63 | | Section 3. Section 782.065, Florida Statutes, is amended 38 |
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64 | 64 | | to read: 39 |
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65 | 65 | | 782.065 Murder; law enforcement officer, correctional 40 |
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66 | 66 | | officer, correctional probation officer. —Notwithstanding ss. 41 |
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67 | 67 | | 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 42 |
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68 | 68 | | shall be sentenced to life imprisonment without eligibility for 43 |
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69 | 69 | | release upon findings by the trier of fact that, beyond a 44 |
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70 | 70 | | reasonable doubt: 45 |
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71 | 71 | | (1) The defendant committed murder in the first degree in 46 |
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72 | 72 | | violation of s. 782.04(1) and a death sentence was not imposed; 47 |
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73 | 73 | | murder in the second or third degree in violation of s. 48 |
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74 | 74 | | 782.04(2), (3), or (4); attempted murder in the first or second 49 |
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75 | 75 | | degree in violation of s. 782.04(1)(a)1. or (2); or attempted 50 |
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84 | 84 | | 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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88 | 88 | | felony murder in violation of s. 782.051 ; or manslaughter in 51 |
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89 | 89 | | violation of s. 782.07 ; and 52 |
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90 | 90 | | (2) The victim of any offense described in subsection (1) 53 |
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91 | 91 | | was a law enforcement officer, part -time law enforcement 54 |
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92 | 92 | | officer, auxiliary law enforcement officer, correctional 55 |
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93 | 93 | | officer, part-time correctional officer, auxiliary correctional 56 |
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94 | 94 | | officer, correctional probation officer, part -time correctional 57 |
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95 | 95 | | probation officer, or auxiliary correctional probation officer, 58 |
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96 | 96 | | as those terms are defined in s. 943.10, who was engaged in the 59 |
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97 | 97 | | performance of his or her official duties as described in s. 60 |
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98 | 98 | | 943.10 engaged in the lawful performance of a legal duty . 61 |
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99 | 99 | | Section 4. Paragraph (e) of subsection (1) and subsection 62 |
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100 | 100 | | (2) of section 784.07, Florida Statutes, are amended to read: 63 |
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101 | 101 | | 784.07 Assault or bat tery of law enforcement officers and 64 |
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102 | 102 | | other specified personnel; reclassification of offenses; minimum 65 |
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103 | 103 | | sentences.— 66 |
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104 | 104 | | (1) As used in this section, the term: 67 |
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105 | 105 | | (e) "Law enforcement officer" includes a law enforcement 68 |
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106 | 106 | | officer, a correctional officer, a correctional probation 69 |
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107 | 107 | | officer, a part-time law enforcement officer, a part -time 70 |
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108 | 108 | | correctional officer, an auxiliary law enforcement officer, and 71 |
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109 | 109 | | an auxiliary correctional officer, as those terms are 72 |
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110 | 110 | | respectively defined i n s. 943.10, and any county probation 73 |
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111 | 111 | | officer; an employee or agent of the Department of Corrections 74 |
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112 | 112 | | who supervises or provides services to inmates; an officer of 75 |
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121 | 121 | | 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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125 | 125 | | the Florida Commission on Offender Review; a federal law 76 |
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126 | 126 | | enforcement officer as defined in s. 901.1505; and law 77 |
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127 | 127 | | enforcement personnel of the Fish and Wildlife Conservation 78 |
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128 | 128 | | Commission, the Department of Environmental Protection, or the 79 |
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129 | 129 | | Department of Law Enforcement. The duties and responsibilities 80 |
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130 | 130 | | of these respective positions are described in s. 9 43.10. 81 |
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131 | 131 | | (2) Whenever any person is charged with knowingly 82 |
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132 | 132 | | committing an assault or battery upon a law enforcement officer, 83 |
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133 | 133 | | a firefighter, an emergency medical care provider, hospital 84 |
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134 | 134 | | personnel, a railroad special officer, a traffic accident 85 |
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135 | 135 | | investigation officer as described in s. 316.640, a nonsworn law 86 |
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136 | 136 | | enforcement agency employee who is certified as an agency 87 |
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137 | 137 | | inspector, a blood alcohol analyst, or a breath test operator 88 |
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138 | 138 | | while such employee is in uniform and engaged in processing, 89 |
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139 | 139 | | testing, evaluating, ana lyzing, or transporting a person who is 90 |
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140 | 140 | | detained or under arrest for DUI, a law enforcement explorer, a 91 |
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141 | 141 | | traffic infraction enforcement officer as described in s. 92 |
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142 | 142 | | 316.640, a parking enforcement specialist as defined in s. 93 |
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143 | 143 | | 316.640, a person licensed as a sec urity officer as defined in 94 |
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144 | 144 | | s. 493.6101 and wearing a uniform that bears at least one patch 95 |
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145 | 145 | | or emblem that is visible at all times that clearly identifies 96 |
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146 | 146 | | the employing agency and that clearly identifies the person as a 97 |
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147 | 147 | | licensed security officer, or a secu rity officer employed by the 98 |
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148 | 148 | | board of trustees of a community college, while the officer, 99 |
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149 | 149 | | firefighter, emergency medical care provider, hospital 100 |
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157 | 157 | | Page 5 of 6 |
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158 | 158 | | 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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162 | 162 | | personnel, railroad special officer, traffic accident 101 |
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163 | 163 | | investigation officer, traffic infraction enforcement off icer, 102 |
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164 | 164 | | inspector, analyst, operator, law enforcement explorer, parking 103 |
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165 | 165 | | enforcement specialist, public transit employee or agent, or 104 |
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166 | 166 | | security officer is engaged in the performance of his or her 105 |
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167 | 167 | | official duties is engaged in the lawful performance of his or 106 |
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168 | 168 | | her duties, the offense for which the person is charged shall be 107 |
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169 | 169 | | reclassified as follows: 108 |
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170 | 170 | | (a) In the case of assault, from a misdemeanor of the 109 |
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171 | 171 | | second degree to a misdemeanor of the first degree. 110 |
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172 | 172 | | (b) In the case of battery, from a misdemeanor of the 111 |
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173 | 173 | | first degree to a felony of the third degree. Notwithstanding 112 |
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174 | 174 | | any other provision of law, a person convicted of battery upon a 113 |
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175 | 175 | | law enforcement officer committed in furtherance of a riot or an 114 |
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176 | 176 | | aggravated riot prohibited under s. 870.01 shall be sentenced to 115 |
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177 | 177 | | a minimum term of imprisonment of 6 months. 116 |
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178 | 178 | | (c) In the case of aggravated assault, from a felony of 117 |
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179 | 179 | | the third degree to a felony of the second degree. 118 |
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180 | 180 | | Notwithstanding any other provision of law, any person convicted 119 |
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181 | 181 | | of aggravated assault upon a law enforce ment officer shall be 120 |
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182 | 182 | | sentenced to a minimum term of imprisonment of 3 years. 121 |
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183 | 183 | | (d) In the case of aggravated battery, from a felony of 122 |
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184 | 184 | | the second degree to a felony of the first degree. 123 |
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185 | 185 | | Notwithstanding any other provision of law, any person convicted 124 |
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186 | 186 | | of aggravated battery of a law enforcement officer shall be 125 |
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195 | 195 | | 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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199 | 199 | | sentenced to a minimum term of imprisonment of 5 years. 126 |
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200 | 200 | | Section 5. Subsection (1) of section 843.01, Florida 127 |
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201 | 201 | | Statutes, is amended to read: 128 |
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202 | 202 | | 843.01 Resisting, obstructing, or opposing by offering or 129 |
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203 | 203 | | doing violence to legally authorized person, police canine, or 130 |
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204 | 204 | | police horse.— 131 |
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205 | 205 | | (1) Whoever knowingly and willfully resists, obstructs, or 132 |
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206 | 206 | | opposes any officer as defined in s. 943.10(1), (2), (3), (6), 133 |
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207 | 207 | | (7), (8), or (9); member of the Florida Commission on Offender 134 |
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208 | 208 | | Review or any administrative aide or supervisor employed by the 135 |
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209 | 209 | | commission; parole and probation supervisor; county probation 136 |
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210 | 210 | | officer; personnel or representative of the Department of Law 137 |
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211 | 211 | | Enforcement; or other person legally authorized to execu te 138 |
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212 | 212 | | process in the execution of legal process or engaged in the 139 |
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213 | 213 | | performance of his or her official duties as described in s. 140 |
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214 | 214 | | 943.10 in the lawful execution of any legal duty , by offering or 141 |
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215 | 215 | | doing violence to the person of such officer or legally 142 |
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216 | 216 | | authorized person, commits a felony of the third degree, 143 |
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217 | 217 | | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 144 |
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218 | 218 | | Section 6. This act shall take effect October 1, 2025. 145 |
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