The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.078

784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.—

(1) As used in this section, the term “facility” means a state correctional institution defined in s. 944.02(8); a private correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice.

(2)(a) As used in this section, the term “employee” includes any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs, pursuant to part II of chapter 946.

(b) “Employee” includes any person who is a parole examiner with the Florida Commission on Offender Review.

(3)(a) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material.

(b) Any person who violates paragraph (a) commits battery of a facility employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 2001-244; s. 16, ch. 2014-191; s. 94, ch. 2015-2.

F.S. 784.078 on Google Scholar

F.S. 784.078 on Casetext

Amendments to 784.078

Arrestable Offenses / Crimes under Fla. Stat. 784.078

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.078 - BATTERY - RENUMBERED. SEE REC # 8824 - F: T

S784.078 3 - BATTERY - RENUMBERED. SEE REC # 7449 - F: T

S784.078 3a - BATTERY - DETENTION FACILITY EMP W FLUIDS MATERIALS - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 930 (Fla. 2018)

. . . Last, instruction 8.20 (Battery on Facility Employee) is amended to reflect the language in section 784.078 . . . intentionally touched or struck" language that is used in other battery statutes, but is not found in section 784.078 . . . . 8.20 BATTERY ON FACILITY EMPLOYEE (THROWING, TOSSING, OR EXPELLING CERTAIN FLUIDS OR MATERIALS) § 784.078 . . . Definitions . § 784.078(1), Fla. Stat. . . . Lesser Included Offenses BATTERY ON FACILITY EMPLOYEE - 784.078 CATEGORY ONE CATEGORY TWO FLA. . . .

HOPKINS, v. STATE, 105 So. 3d 470 (Fla. 2012)

. . . See §§ 784.076, 784.085, 784.078, Fla. Stat. (2007). . . . Under section 784.078, Florida Statutes (2007), the battery of a facility employee, a third-degree felony . . . s] or attempts] to cause such employee to come into contact with [specified fluids or materials]. § 784.078 . . . facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice. § 784.078 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . providing for reclassification of assaults and batteries on designated classes: “784.074, 784.075, 784.076, 784.078 . . .

LANIER, v. STATE, 983 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . section 784.07(2)(b), Florida Statutes (2002), battery on a facility employee, in violation of section 784.078 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . for reclassification of assaults and batteries on designated classes: §§ 784.074, 784.075, 784.076, 784.078 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 850 So. 2d 1272 (Fla. 2003)

. . . instruction for battery on an employee of a correctional facility 8.20 BATTERY ON FACILITY EMPLOYEE § 784.078 . . . Lesser Included Offenses BATTERY ON FACILITY EMPLOYEE — 784.078 CATEGORY ONE CATEGORY TWO FLA. . . .