Florida HB 17: Damages
Status: Died on Calendar (as of 2019-05-03)
State: Florida · Session: 2019 · Bill: HB 17
Subjects: torts
Sponsors: Civil Justice Subcommittee
Bill Text
CS/HB 17 2026 CODING: Words stricken are deletions; words underlined are additions. hb17-01-c1 Page 1 of 28 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 A bill to be entitled 1 An act relating to criminal offenses against law 2 enforcement officers and other personnel; providing a 3 short title; amending s. 776.051, F.S.; revising a 4 prohibition on the use or threatened use of force to 5 resist arrest or detention; defining the term "acting 6 in good faith"; amending s. 782.065, F.S.; providing 7 for enhanced punishment for manslaughter when 8 committed against specified officers; revising 9 applicability; amending s. 784.07, F.S.; revising the 10 definition of the term "law enforcement officer"; 11 revising provisions concerning assault or battery upon 12 specified officers and other personnel; amending s. 13 843.01, F.S.; revising a provision concerning 14 resisting, obstructing, or opposing specified officers 15 or legally authorized persons; amending s. 921.0022, 16 F.S.; increasing the level on the offense severity 17 ranking chart for committing battery on law 18 enforcement officers and other specified personnel; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. This act may be cited as the "Officer Jason 24 Raynor Act." 25 CS/HB 17 2026 CODING: Words stricken are deletions; words underlined are additions. hb17-01-c1 Page 2 of 28 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 Section 2. Section 776.051, Florida Statutes, is amended 26 to read: 27 776.051 Use or threatened use of force in resisting arrest 28 or detention making an arrest or in the execution of a legal 29 duty; prohibition.— 30 (1) A person is not justified in the use or threatened use 31 of force to resist any an arrest or detention by a law 32 enforcement officer, or to resist a law enforcement officer who 33 is engaged in the performance of his or her official duties as 34 described in s. 943.10(1) execution of a legal duty, if the law 35 enforcement officer was acting in good faith and he or she is 36 known, or reasonably appears, to be a law enforcement officer. 37 As used in this section, the term "acting in good faith" means 38 to make sincere and reasonable efforts to comply with legal 39 requirements, even if the arrest, detention, or other act is 40 later found to have been unlawful. 41 (2) A law enforcement officer, or any person whom the 42 officer has summoned or directed to assist him or her, is not 43 justified in the use of force if the arrest or execution of a 44 legal duty is unlawful and known by him or her to be unlawful. 45 Section 3. Section 782.065, Florida Statutes, is amended 46 to read: 47 782.065 Murder; law enforcement officer, correctional 48 officer, correctional probation officer.—Notwithstanding ss. 49 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 50 CS/HB 17 2026 CODING: Words stricken are deletions; words underlined are additions. hb17-01-c1 Page 3 of 28 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 must shall be sentenced to life imprisonment without eligibility 51 for release upon findings by the trier of fact that, beyond a 52 reasonable doubt: 53 (1) The defendant committed murder in the first degree in 54 violation of s. 782.04(1) and a death sentence was not imposed; 55 murder in the second or third degree in violation of s. 56 782.04(2), (3), or (4); attempted murder in the first or second 57 degree in violation of s. 782.04(1)(a)1. or (2); or attempted 58 felony murder in violation of s. 782.051; or manslaughter in 59 violation of s. 782.07(1); and 60 (2) The victim of any offense described in subsection (1) 61 was a law enforcement officer, part-time law enforcement 62 officer, auxiliary law enforcement officer, correctional 63 officer, part-time correctional officer, auxiliary correctional 64 officer, correctional probation officer, part-time correctional 65 probation officer, or auxiliary correctional probation officer, 66 as those terms are defined in s. 943.10, who was engaged in the 67 performance of his or her official duties as described in s. 68 943.10 lawful performance of a legal duty. 69 Section 4. Paragraph (e) of subsection (1) and subsection 70 (2) of section 784.07, Florida Statutes, are amended to read: 71 784.07 Assault or battery of law enforcement officers and 72 other specified personnel; reclassification of offenses; minimum 73 sentences.— 74 (1) As used in this section, the term: 75 CS/HB 17 2026 CODING: Words stricken are deletions; words underlined are additions. hb17-01-c1 Page 4 of 28 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 (e) "Law enforcement officer" includes a law enforcement 76 officer, a correctional officer, a correctional probation 77 officer, a part-time law enforcement officer, a part-time 78 correctional officer, an auxiliary law enforcement officer, and 79 an auxiliary correctional officer, as those terms are 8
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