| 1 | Representative Garcia offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 57-100 and insert: |
| 5 | (e) "Ocean lifeguard" means a lifeguard employed along the |
| 6 | coastal or intracoastal beaches and shores of the state to help |
| 7 | prevent injury or drowning of persons. |
| 8 | (f)(d) "Public transit employees or agents" means bus |
| 9 | operators, train operators, revenue collectors, security |
| 10 | personnel, equipment maintenance personnel, or field |
| 11 | supervisors, who are employees or agents of a transit agency as |
| 12 | described in s. 812.015(1)(l). |
| 13 | (2) Whenever any person is charged with knowingly |
| 14 | committing an assault or battery upon a law enforcement officer, |
| 15 | a firefighter, an emergency medical care provider, a traffic |
| 16 | accident investigation officer as described in s. 316.640, a |
| 17 | nonsworn law enforcement agency employee who is certified as an |
| 18 | agency inspector, blood alcohol analyst, or a breath test |
| 19 | operator while such employee is in uniform and engaged in |
| 20 | processing, testing, evaluating, analyzing, or transporting a |
| 21 | person who is detained or under arrest for DUI, a law |
| 22 | enforcement explorer, a traffic infraction enforcement officer |
| 23 | as described in s. 316.640, a parking enforcement specialist as |
| 24 | defined in s. 316.640, a person licensed as a security officer |
| 25 | as defined in s. 493.6101 and wearing a uniform that bears at |
| 26 | least one patch or emblem that is visible at all times that |
| 27 | clearly identifies the employing agency and that clearly |
| 28 | identifies the person as a licensed security officer, or a |
| 29 | security officer employed by the board of trustees of a |
| 30 | community college, or an ocean lifeguard while the officer, |
| 31 | firefighter, emergency medical care provider, intake officer, |
| 32 | traffic accident investigation officer, traffic infraction |
| 33 | enforcement officer, inspector, analyst, operator, law |
| 34 | enforcement explorer, parking enforcement specialist, public |
| 35 | transit employee or agent, or security officer, or ocean |
| 36 | lifeguard is engaged in the lawful performance of his or her |
| 37 | duties, the offense for which the person is charged shall be |
| 38 | reclassified as follows: |
| 39 | (a) In the case of assault, from a misdemeanor of the |
| 40 | second degree to a misdemeanor of the first degree. |
| 41 | (b) In the case of battery, from a misdemeanor of the |
| 42 | first degree to a felony of the third degree. |
| 43 | (c) In the case of aggravated assault, from a felony of |
| 44 | the third degree to a felony of the second degree. |
| 45 | Notwithstanding any other provision of law, any person convicted |
| 46 | of aggravated assault upon a law enforcement officer shall be |
| 47 | sentenced to a minimum term of imprisonment of 3 years. |
| 48 | (d) In the case of aggravated battery, from a felony of |
| 49 | the second degree to a felony of the first degree. |
| 50 | Notwithstanding any other provision of law, any person convicted |
| 51 | of aggravated battery of a law enforcement officer shall be |
| 52 | sentenced to a minimum term of imprisonment of 5 years. |
| 53 | Section 2. Paragraph (a) of subsection (3) of section |
| 54 | 435.04, Florida Statutes, is amended to read: |
| 55 | 435.04 Level 2 screening standards.-- |
| 56 | (3) The security background investigations conducted under |
| 57 | this section for employees of the Department of Juvenile Justice |
| 58 | must ensure that no persons subject to the provisions of this |
| 59 | section have been found guilty of, regardless of adjudication, |
| 60 | or entered a plea of nolo contendere or guilty to, any offense |
| 61 | prohibited under any of the following provisions of the Florida |
| 62 | Statutes or under any similar statute of another jurisdiction: |
| 63 | (a) Section 784.07, relating to assault or battery of law |
| 64 | enforcement officers, firefighters, emergency medical care |
| 65 | providers, public transit employees or agents, or other |
| 66 | specified persons officers. |
| 67 |
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| 68 | The Department of Juvenile Justice may not remove a |
| 69 | disqualification from employment or grant an exemption to any |
| 70 | person who is disqualified under this section for any offense |
| 71 | disposed of during the most recent 7-year period. |
| 72 | Section 3. Subsection (15) of section 901.15, Florida |
| 73 | Statutes, is amended to read: |
| 74 | 901.15 When arrest by officer without warrant is |
| 75 | lawful.--A law enforcement officer may arrest a person without a |
| 76 | warrant when: |
| 77 | (15) There is probable cause to believe that the person |
| 78 | has committed assault upon a law enforcement officer, a |
| 79 | firefighter, an emergency medical care provider, public transit |
| 80 | employee employees or agent agents, or other specified person |
| 81 | officers as set forth in s. 784.07 or has committed assault or |
| 82 | battery upon any employee of a receiving facility as defined in |
| 83 | s. 394.455 who is engaged in the lawful performance of his or |
| 84 | her duties. |
| 85 | Section 4. Paragraph (b) of subsection (3) of section |
| 86 | 943.051, Florida Statutes, is amended to read: |
| 87 | 943.051 Criminal justice information; collection and |
| 88 | storage; fingerprinting.-- |
| 89 | (3) |
| 90 | (b) A minor who is charged with or found to have committed |
| 91 | the following offenses shall be fingerprinted and the |
| 92 | fingerprints shall be submitted to the department: |
| 93 | 1. Assault, as defined in s. 784.011. |
| 94 | 2. Battery, as defined in s. 784.03. |
| 95 | 3. Carrying a concealed weapon, as defined in s. |
| 96 | 790.01(1). |
| 97 | 4. Unlawful use of destructive devices or bombs, as |
| 98 | defined in s. 790.1615(1). |
| 99 | 5. Negligent treatment of children, as defined in s. |
| 100 | 827.05. |
| 101 | 6. Assault or battery on a law enforcement officer, a |
| 102 | firefighter, or other specified persons officers, as defined in |
| 103 | s. 784.07(2)(a) and (b). |
| 104 | 7. Open carrying of a weapon, as defined in s. 790.053. |
| 105 | 8. Exposure of sexual organs, as defined in s. 800.03. |
| 106 | 9. Unlawful possession of a firearm, as defined in s. |
| 107 | 790.22(5). |
| 108 | 10. Petit theft, as defined in s. 812.014(3). |
| 109 | 11. Cruelty to animals, as defined in s. 828.12(1). |
| 110 | 12. Arson, as defined in s. 806.031(1). |
| 111 | 13. Unlawful possession or discharge of a weapon or |
| 112 | firearm at a school-sponsored event or on school property as |
| 113 | defined in s. 790.115. |
| 114 | Section 5. Paragraph (b) of subsection (1) of section |
| 115 | 985.11, Florida Statutes, is amended to read: |
| 116 | 985.11 Fingerprinting and photographing.-- |
| 117 | (1) |
| 118 | (b) A child who is charged with or found to have committed |
| 119 | one of the following offenses shall be fingerprinted, and the |
| 120 | fingerprints shall be submitted to the Department of Law |
| 121 | Enforcement as provided in s. 943.051(3)(b): |
| 122 | 1. Assault, as defined in s. 784.011. |
| 123 | 2. Battery, as defined in s. 784.03. |
| 124 | 3. Carrying a concealed weapon, as defined in s. |
| 125 | 790.01(1). |
| 126 | 4. Unlawful use of destructive devices or bombs, as |
| 127 | defined in s. 790.1615(1). |
| 128 | 5. Negligent treatment of children, as defined in former |
| 129 | s. 827.05. |
| 130 | 6. Assault on a law enforcement officer, a firefighter, or |
| 131 | other specified persons officers, as defined in s. 784.07(2)(a). |
| 132 | 7. Open carrying of a weapon, as defined in s. 790.053. |
| 133 | 8. Exposure of sexual organs, as defined in s. 800.03. |
| 134 | 9. Unlawful possession of a firearm, as defined in s. |
| 135 | 790.22(5). |
| 136 | 10. Petit theft, as defined in s. 812.014. |
| 137 | 11. Cruelty to animals, as defined in s. 828.12(1). |
| 138 | 12. Arson, resulting in bodily harm to a firefighter, as |
| 139 | defined in s. 806.031(1). |
| 140 | 13. Unlawful possession or discharge of a weapon or |
| 141 | firearm at a school-sponsored event or on school property as |
| 142 | defined in s. 790.115. |
| 143 |
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| 144 | A law enforcement agency may fingerprint and photograph a child |
| 145 | taken into custody upon probable cause that such child has |
| 146 | committed any other violation of law, as the agency deems |
| 147 | appropriate. Such fingerprint records and photographs shall be |
| 148 | retained by the law enforcement agency in a separate file, and |
| 149 | these records and all copies thereof must be marked "Juvenile |
| 150 | Confidential." These records are not available for public |
| 151 | disclosure and inspection under s. 119.07(1) except as provided |
| 152 | in ss. 943.053 and 985.04(2), but shall be available to other |
| 153 | law enforcement agencies, criminal justice agencies, state |
| 154 | attorneys, the courts, the child, the parents or legal |
| 155 | custodians of the child, their attorneys, and any other person |
| 156 | authorized by the court to have access to such records. In |
| 157 | addition, such records may be submitted to the Department of Law |
| 158 | Enforcement for inclusion in the state criminal history records |
| 159 | and used by criminal justice agencies for criminal justice |
| 160 | purposes. These records may, in the discretion of the court, be |
| 161 | open to inspection by anyone upon a showing of cause. The |
| 162 | fingerprint and photograph records shall be produced in the |
| 163 | court whenever directed by the court. Any photograph taken |
| 164 | pursuant to this section may be shown by a law enforcement |
| 165 | officer to any victim or witness of a crime for the purpose of |
| 166 | identifying the person who committed such crime. |
| 167 |
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| 168 | ----------------------------------------------------- |
| 169 | T I T L E A M E N D M E N T |
| 170 | Remove lines 2-5 and insert: |
| 171 | An act relating to assault or battery on certain persons; |
| 172 | amending s. 784.07, F.S.; defining the terms "law |
| 173 | enforcement explorer" and "ocean lifeguard"; providing for |
| 174 | reclassification of certain offenses against law |
| 175 | enforcement explorers and ocean lifeguards; amending ss. |
| 176 | 435.04, 901.15, 943.051, and 985.11, F.S.; conforming |
| 177 | provisions; reenacting s. |