CopyCited 6 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799
...strued together to harmonize the statutes and to give effect to the Legislature’s intent.” Fla. Dep’t of State v. Martin,
916 So.2d 763, 768 (Fla.2005). For this analysis, we discuss three other battery statutes contained in chapter 784. See §§
784.076,
784.085,
784.078, Fla. Stat. (2007). Pursuant to section
784.076, “A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree. ...” §
784.076, Fla. Stat. (2007) (emphasis added). 6 Exactly one year after the enactment of section
784.076 — which was expressly restricted to juveniles — the Legislature, in enacting section
784.082, decided against being so restrictive by using the word “person.” See ch....
...ice. §
784.075, Fla. Stat. (2007) (emphasis added). Notably, section
784.075 went into effect on May 15, 1993, and therefore, prior to the Legislature’s enactment of section
784.082. See ch. 93-230, § 13, Laws of Fla. . "Health services” under section
784.076 is defined as "preventive, diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services.” Id.
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 1870, 2006 WL 348701
...We note that while J.D.'s counsel moved for a judgment of acquittal, in juvenile cases, it is appropriate to move for dismissal of the charges pursuant to Florida Rule of Juvenile Procedure 8.110(k). . The evidence before the trial court could have likely sustained a conviction for viola *211 tion of section 784.076, Florida Statutes, which makes battery by a person "committed to or detained by the Department of Juvenile Justice” upon "a person who provides health services" a third degree felony....
