Florida Senate - 2021                              CS for SB 980
       
       
        
       By the Committee on Criminal Justice; and Senator Perry
       
       
       
       
       
       591-02345-21                                           2021980c1
    1                        A bill to be entitled                      
    2         An act relating to battery upon public transit
    3         workers; creating s. 341.0611, F.S.; requiring certain
    4         public transit providers to post a specified sign
    5         concerning the penalty for committing a battery upon a
    6         transit worker by a specified date; requiring public
    7         transit providers to create and implement a risk
    8         reduction program by a specified date; requiring each
    9         such program to include conflict deescalation training
   10         for public transit employees and agents; authorizing
   11         programs to include the deployment of battery
   12         mitigation infrastructure and technology on public
   13         transit vehicles; providing a declaration of important
   14         state interest; amending s. 784.07, F.S.; including
   15         assault or battery on a public transit employee or
   16         agent within specified reclassified offenses;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 341.0611, Florida Statutes, is created
   22  to read:
   23         341.0611Public transit employee and agent safety.—
   24         (1)By January 1, 2022, each public transit provider
   25  operating regularly scheduled transit service for the general
   26  public shall post in at least one conspicuous place at the
   27  entrance of each public transit vehicle a yellow sign with the
   28  following statement in capital letters in black, boldface type
   29  no smaller than 48 points: “ATTENTION: COMMITTING A BATTERY UPON
   30  A TRANSIT WORKER IS A CRIME PUNISHABLE BY UP TO 5 YEARS IN
   31  PRISON.”
   32         (2) By July 1, 2022, each public transit provider operating
   33  regularly scheduled transit service for the general public shall
   34  create and implement a risk reduction program. Each risk
   35  reduction program must include conflict deescalation training
   36  for public transit employees and agents. The risk reduction
   37  program may include the deployment of battery mitigation
   38  infrastructure and technology on public transit vehicles,
   39  including barriers to restrict the unwanted entry of individuals
   40  and objects into public transit employees’ and agents’
   41  workstations.
   42         Section 2. The Legislature finds that public transit
   43  employees and agents may be subject to battery while performing
   44  their jobs. The Legislature further finds and declares that this
   45  act fulfills an important state interest in protecting the
   46  safety of public transit employees and agents by requiring that
   47  each public transit provider operating regularly scheduled
   48  transit service conspicuously post signage that provides
   49  notification of the criminal penalties for committing a battery
   50  upon a public transit employee or agent and by creating and
   51  implementing a risk reduction program that includes conflict
   52  deescalation training. The Legislature further finds that these
   53  reasonable measures may reduce or prevent attacks on public
   54  transit employees and agents.
   55         Section 3. Subsection (2) of section 784.07, Florida
   56  Statutes, is amended to read:
   57         784.07 Assault or battery of law enforcement officers,
   58  firefighters, emergency medical care providers, public transit
   59  employees or agents, or other specified officers;
   60  reclassification of offenses; minimum sentences.—
   61         (2) Whenever any person is charged with knowingly
   62  committing an assault or battery upon a law enforcement officer,
   63  a firefighter, an emergency medical care provider, a railroad
   64  special officer, a traffic accident investigation officer as
   65  described in s. 316.640, a nonsworn law enforcement agency
   66  employee who is certified as an agency inspector, a blood
   67  alcohol analyst, or a breath test operator while such employee
   68  is in uniform and engaged in processing, testing, evaluating,
   69  analyzing, or transporting a person who is detained or under
   70  arrest for DUI, a law enforcement explorer, a traffic infraction
   71  enforcement officer as described in s. 316.640, a parking
   72  enforcement specialist as defined in s. 316.640, a public
   73  transit employee or agent, a person licensed as a security
   74  officer as defined in s. 493.6101 and wearing a uniform that
   75  bears at least one patch or emblem that is visible at all times
   76  that clearly identifies the employing agency and that clearly
   77  identifies the person as a licensed security officer, or a
   78  security officer employed by the board of trustees of a
   79  community college, while the officer, firefighter, emergency
   80  medical care provider, railroad special officer, traffic
   81  accident investigation officer, traffic infraction enforcement
   82  officer, inspector, analyst, operator, law enforcement explorer,
   83  parking enforcement specialist, public transit employee or
   84  agent, or security officer is engaged in the lawful performance
   85  of his or her duties, the offense for which the person is
   86  charged shall be reclassified as follows:
   87         (a) In the case of assault, from a misdemeanor of the
   88  second degree to a misdemeanor of the first degree.
   89         (b) In the case of battery, from a misdemeanor of the first
   90  degree to a felony of the third degree.
   91         (c) In the case of aggravated assault, from a felony of the
   92  third degree to a felony of the second degree. Notwithstanding
   93  any other provision of law, any person convicted of aggravated
   94  assault upon a law enforcement officer shall be sentenced to a
   95  minimum term of imprisonment of 3 years.
   96         (d) In the case of aggravated battery, from a felony of the
   97  second degree to a felony of the first degree. Notwithstanding
   98  any other provision of law, any person convicted of aggravated
   99  battery of a law enforcement officer shall be sentenced to a
  100  minimum term of imprisonment of 5 years.
  101         Section 4. This act shall take effect October 1, 2021.