Florida Senate - 2025                                    SB 1446
       
       
        
       By Senator McClain
       
       
       
       
       
       9-01652-25                                            20251446__
    1                        A bill to be entitled                      
    2         An act relating to assault or battery of contractors
    3         performing state functions; amending s. 784.07, F.S.;
    4         defining the term “contractor performing state
    5         functions”; providing for the reclassification of
    6         certain offenses committed against contractors
    7         performing state functions while engaged in the
    8         performance of their duties; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present paragraphs (a) through (g) of subsection
   14  (1) of section 784.07, Florida Statutes, are redesignated as
   15  paragraphs (b) through (h), respectively, a new paragraph (a) is
   16  added to that subsection, and subsection (2) of that section is
   17  amended, to read:
   18         784.07 Assault or battery of law enforcement officers and
   19  other specified personnel; reclassification of offenses; minimum
   20  sentences.—
   21         (1) As used in this section, the term:
   22         (a) “Contractor performing state functions” means any
   23  person employed by a business entity that has a contract with
   24  the state to perform a function on behalf of the state
   25  government, including, but not limited to, functions related to
   26  construction, debris removal, landscaping, and infrastructure
   27  maintenance.
   28         (2) Whenever any person is charged with knowingly
   29  committing an assault or battery upon a law enforcement officer,
   30  a firefighter, an emergency medical care provider, hospital
   31  personnel, a railroad special officer, a traffic accident
   32  investigation officer as described in s. 316.640, a nonsworn law
   33  enforcement agency employee who is certified as an agency
   34  inspector, a blood alcohol analyst, or a breath test operator
   35  while such employee is in uniform and engaged in processing,
   36  testing, evaluating, analyzing, or transporting a person who is
   37  detained or under arrest for DUI, a law enforcement explorer, a
   38  traffic infraction enforcement officer as described in s.
   39  316.640, a parking enforcement specialist as defined in s.
   40  316.640, a person licensed as a security officer as defined in
   41  s. 493.6101 and wearing a uniform that bears at least one patch
   42  or emblem that is visible at all times that clearly identifies
   43  the employing agency and that clearly identifies the person as a
   44  licensed security officer, or a security officer employed by the
   45  board of trustees of a community college, or a contractor
   46  performing state functions, while the officer, firefighter,
   47  emergency medical care provider, hospital personnel, railroad
   48  special officer, traffic accident investigation officer, traffic
   49  infraction enforcement officer, inspector, analyst, operator,
   50  law enforcement explorer, parking enforcement specialist, public
   51  transit employee or agent, or security officer, or contractor is
   52  engaged in the lawful performance of his or her duties, the
   53  offense for which the person is charged shall be reclassified as
   54  follows:
   55         (a) In the case of assault, from a misdemeanor of the
   56  second degree to a misdemeanor of the first degree.
   57         (b) In the case of battery, from a misdemeanor of the first
   58  degree to a felony of the third degree. Notwithstanding any
   59  other provision of law, a person convicted of battery upon a law
   60  enforcement officer committed in furtherance of a riot or an
   61  aggravated riot prohibited under s. 870.01 shall be sentenced to
   62  a minimum term of imprisonment of 6 months.
   63         (c) In the case of aggravated assault, from a felony of the
   64  third degree to a felony of the second degree. Notwithstanding
   65  any other provision of law, any person convicted of aggravated
   66  assault upon a law enforcement officer shall be sentenced to a
   67  minimum term of imprisonment of 3 years.
   68         (d) In the case of aggravated battery, from a felony of the
   69  second degree to a felony of the first degree. Notwithstanding
   70  any other provision of law, any person convicted of aggravated
   71  battery of a law enforcement officer shall be sentenced to a
   72  minimum term of imprisonment of 5 years.
   73         Section 2. This act shall take effect July 1, 2025.