HB 1449

1
A bill to be entitled
2An act relating to assault or battery of law enforcement
3officers or firefighters; amending s. 784.07, F.S.;
4increasing the mandatory minimum term of imprisonment for
5battery of a law enforcement officer or firefighter with a
6firearm or destructive device; increasing the mandatory
7minimum term of imprisonment for such a battery while
8possessing a semiautomatic firearm and its high-capacity
9detachable box magazine or a machine gun; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (3) of section 784.07, Florida
15Statutes, is amended to read:
16     784.07  Assault or battery of law enforcement officers,
17firefighters, emergency medical care providers, public transit
18employees or agents, or other specified officers;
19reclassification of offenses; minimum sentences.-
20     (3)(a)  Except as provided in paragraph (b), any person who
21is convicted of a battery under paragraph (2)(b) and, during the
22commission of the offense, such person possessed:
23     1.(a)  A "firearm" or "destructive device" as those terms
24are defined in s. 790.001, shall be sentenced to a minimum term
25of imprisonment of 3 years.
26     2.(b)  A semiautomatic firearm and its high-capacity
27detachable box magazine, as defined in s. 775.087(3), or a
28machine gun as defined in s. 790.001, shall be sentenced to a
29minimum term of imprisonment of 8 years.
30     (b)  Any person who is convicted of a battery under
31paragraph (2)(b) on a law enforcement officer or a firefighter
32and, during the commission of the offense, such person used:
33     1.  A "firearm" or "destructive device" as those terms are
34defined in s. 790.001, shall be sentenced to a minimum term of
35imprisonment of 20 years.
36     2.  A semiautomatic firearm and its high-capacity
37detachable box magazine, as defined in s. 775.087(3), or a
38machine gun as defined in s. 790.001, shall be sentenced to a
39minimum term of imprisonment of 25 years.
40
41Notwithstanding s. 948.01, adjudication of guilt or imposition
42of sentence shall not be suspended, deferred, or withheld, and
43the defendant is not eligible for statutory gain-time under s.
44944.275 or any form of discretionary early release, other than
45pardon or executive clemency, or conditional medical release
46under s. 947.149, prior to serving the minimum sentence.
47     Section 2.  This act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.