Arrestable Offenses / Crimes under Fla. Stat. 784.081
S784.081 1 - AGGRAV BATTERY - ON ELEC OFF EDUCATION DCF OR CONTRACT EMPLOYEE - F: F
S784.081 2a - AGGRAV BATTERY - AGG BATTERY PUBLIC/PRIVATE EDUCATION EMPLOYEE - F: F
S784.081 2a - AGGRAV BATTERY - AGG BATT SPORTS OFFICIAL DURING/AFTER CONTEST - F: F
S784.081 2a - AGGRAV BATTERY - AGG BATT DCFS EMPLOYEE/PROTECTIVE INVESTIGATOR - F: F
S784.081 2a - AGGRAV BATTERY - AGG BATTERY ON EMP OF COMMUNITY-BASED PROVIDER - F: F
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 10002 - F: S
S784.081 2b - AGGRAV ASSAULT - AGG ASSLT SPORTS OFFICIAL DURING/AFTER CONTEST - F: S
S784.081 2b - AGGRAV ASSAULT - AGG ASSLT ON PUBLIC/PRIVATE EDUCATION EMPLOYEE - F: S
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 10001 - F: S
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 10000 - F: S
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 9999 - F: S
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 10004 - F: S
S784.081 2b - ASSAULT - RENUMBERED. SEE REC # 10003 - F: S
CopyCited 65 times | Published | Supreme Court of Florida | 2007 WL 2790770
...We acknowledge the Third District's observation "that when the legislature determines that knowledge of an officer's status is an element of an offense, it has expressly included such a condition." Polite,
933 So.2d at 591. The Third District referred to section
784.081(2), Florida Statutes (2000), which reclassifies the offense of assault or battery upon any employee of the state system of education "when the person committing the offense knows or has reason to know the identity or position or emplo...
...equire such knowledge. See Thompson,
695 So.2d at 692. We note that section
784.07(3) has been amended since 1993 and no longer includes the offense of attempted murder of a law enforcement officer. See §
784.07(3), Fla. Stat. (2006). [11] Although section
784.081 has been subsequently amended, see ch....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2001 WL 1335267
...Neimand, Assistant Attorney General, Fort Lauderdale, and Steven A. Halim, Legal Intern, Nova Southeastern University, Shepard Broad Law Center, Fort Lauderdale, for appellee. *1292 GROSS, J. We affirm appellant's conviction for battery on a school board employee. § 784.081(3), Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799
...In addition, the trial court found significant the language used in the preamble to chapter 96-293, which enacted section
784.082: “Whereas, with the rising incidence of crime, especially juvenile crime.... ” Ch. 96-293, preamble, § 4, Laws of Fla. (emphasis added). As noted by the trial judge, section
784.081, Florida Statutes (2007), was also created by chapter 96-293. Section
784.081 also reclassifies assaults and batteries committed against school district employees and officials, among others. §
784.081, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627460
...State,
808 So.2d 1276, 1277 (Fla. 4th DCA 2002). In considering the similar offense of assaulting a school board employee, the court stated: Appellant was charged under section 231.06, Florida Statutes (1995), a statute which was repealed on October 1, 1996, and replaced with section
784.081, Florida Statutes (2000)....
...Fed.2d 415 (2005). [8] Section 231.06, Florida Statutes (1995), states that "[W]henever any student . . . commits an assault or battery upon any . . . employee of a school district . . . the offense for which the person is charged shall be classified. . . ." Section 784.081, Florida Statutes (2000), provides: Whenever a person is charged with committing an assault or aggravated assault or battery or aggravated battery upon any ....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1062200
...hat the trial court erred in entering a single commitment order for the three offenses. We find merit to both points and reverse. We agree with B.L.L.'s assertion that the evidence did not show that B.L.L. had the intent to strike a school employee. Section 784.081, Florida Statutes (1997), reclassifies the offense of simple battery from a misdemeanor of the first degree to a felony of the third degree when the victim of the battery is an employee of a school district and "the person committing...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...were charged with battery. §
784.03, Fla. Stat. (2004). J.G. was also charged with assault and obstructing or resisting an officer without violence. §§
784.011,
843.02, Fla. Stat. (2004). T.N. was charged with battery on a school board employee. §
784.081, Fla....
...State,
898 So.2d 84 (Fla. 5th DCA 2004). Section
938.08 provides: Additional cost to fund programs in domestic violence. In addition to any sanction imposed for a violation of s.
784.011, s.
784.021, s.
784.03, s.
784.041, s.
784.045, s.
784.048, s.
784.07, s.
784.08, s.
784.081, s....
...Section
938.085 provides: Additional cost to fund rape crisis centers.In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s.
784.011, s.
784.021, s.
784.03, s.
784.041, s.
784.045, s.
784.048, s.
784.07, s.
784.08, s.
784.081, s....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1823469
...2d DCA 1986), this court observed that disorderly conduct is not a lesser-included offense of the charged crimes of battery or criminal mischief, because each crime contains separate and distinct elements that the other does not. Here, the State was required to prove, under section 784.081, Florida Statutes (2001), that C.R.C....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 1556198
...Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. STEVENSON, C.J. W.T.D. timely appeals his conviction for attempted battery on a school employee in violation of section 784.081, Florida Statutes (2003)....
...was adjudicated delinquent for the offenses of attempted battery on a school employee and disrupting a school function. He was initially charged in a petition for delinquency with attempted aggravated battery but, in an amended petition, was charged with attempted battery on a school employee in violation of section 784.081....
...The trial court rejected the renewed argument and entered adjudication of delinquency for attempted battery on a school employee, a purported third degree felony, and imposed a Level 6 commitment. As the State concedes, there is no offense of attempted battery on a school employee. Florida Statutes section 784.081 reclassified assault, aggravated assault, battery or aggravated battery against school officials and employees and enhanced the punishment for each offense. For example, under section 784.081(2), the offense of battery upon a school district employee is reclassified from a first degree misdemeanor to a third degree felony....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 WL 667956
...Accordingly, we reverse. The defendant was charged with committing the crime of battery in violation of section
784.03 of the Florida Statutes (2008), a first degree misdemeanor. The State sought to reclassify the charge to a third degree felony pursuant to section
784.081(2) of the Florida Statutes (2008) based on the fact that the victim of the defendant's crime was a school employee....
...Accordingly, the defendant's adjudication of delinquency for battery on a school employee is reversed, and the case is remanded for the trial court to enter judgment on the battery charge and to sentence the defendant accordingly. REVERSED and REMANDED. ORFINGER and EVANDER, JJ., concur. NOTES [1] Section 784.081(2)(c) of the Florida Statutes (2008) reclassifies the crime of battery from a misdemeanor of the first degree to a felony of the third degree when the battery is committed upon any elected official or employee of: a school district; a...
...irect service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim. . . . See § 784.081(2) Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 2518
...Accordingly, we reverse. The defendant was charged with committing the crime of battery in violation of section
784.03 of the Florida Statutes (2008), a first degree misdemeanor. The State sought to reclassify the charge to a third degree felony pursuant to section
784.081(2) of the Florida Statutes (2008) based on the fact that the victim of the defendant’s crime was a school employee....
...Accordingly, the defendant’s adjudication of delinquency for battery on a school employee is reversed, and the case is remanded for the trial court to enter judgment on the battery charge and to sentence the defendant accordingly. REVERSED and REMANDED. ORFINGER and EVANDER, JJ., concur. . Section 784.081(2)(c) of the Florida Statutes (2008) reclassifies the crime of battery from a misdemeanor of the first degree to a felony of the third degree when the battery is committed upon any elected official or employee of: a school district; a...
...s direct service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim.... See § 784.081(2) Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 9770
...t the trial court erred in entering a single commitment order for the three offenses. We find merit to both points and reverse. We agree with B.L.L.’s assertion that the evidence did not show that B.L.L. had the intent to strike a school employee. Section 784.081, Florida Statutes (1997), reclassifies the offense of simple battery from a misdemeanor of the first degree to a felony of the third degree when the victim of the battery is an employee of a school district and “the person committin...
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13194, 2015 WL 5165545
...while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim....” §
784.074(1), Fla. Stat. (2013) (emphasis added). The same is true when the victim is a specified official or employee under section
784.081 or a code inspector under section
784.083. §§
784.081(2),
784.083, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 15289
GROSS, J. We affirm appellant’s conviction for battery on a school board employee. § 784.081(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1908823, 2014 Fla. App. LEXIS 7106
...The appellant, C.L.P., appeals his adjudication of delinquency and disposition of time served. He was found guilty of attempted battery on a school board employee, an offense the trial judge designated a first-degree misdemeanor under an incorrect interpretation of section
784.081, Florida Statutes (2012). On appeal, C.L.P. *1122 argues that the offense of attempted battery on a school employee does not exist. We agree. As we previously held in W.T.D. v. State,
906 So.2d 333, 334 (Fla. 4th DCA 2005), section
784.081 does not create the offense of attempted battery on a school employee but rather acts as an enhancement statute. Where the offense of assault, aggravated assault, battery, or aggravated battery is committed against a school official or employee, section
784.081 reclassifies the offense to a felony or misdemeanor of a higher degree and enhances the penalty for each....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 2376, 2002 WL 342139
...We affirm because the error, which is being raised for the first time on appeal, could have been cured if it had been raised in the trial court. There was, accordingly, no prejudice. Appellant was charged under section 231.06, Florida Statutes (1995), a statute which was repealed on October 1, 1996, and replaced with section 784.081, Florida Statutes (2000)....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 11026
STEVENSON, C.J. W.T.D. timely appeals his conviction for attempted battery on a school employee in violation of section 784.081, Florida Statutes (2003)....
...was adjudicated delinquent for the offenses of attempted battery on a school employee and disrupting a school function. He was initially charged in a petition for delinquency with attempted aggravated battery but, in an amended petition, was charged with attempted battery on a school employee in violation of section 784.081....
...The trial court rejected the renewed argument and entered adjudication of delinquency for attempted battery on a school employee, a purported third degree felony, and imposed a Level 6 commitment. As the State concedes, there is no offense of attempted battery on a school employee. Florida Statutes section 784.081 reclassified assault, aggravated assault, battery or aggravated battery against school officials and employees and enhanced the punishment for each offense. For example, under section 784.081(2), the offense of battery upon a school district employee is reclassified from a first degree misdemeanor to a third degree felony....
CopyPublished | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 1750, 2013 WL 440559
FERNANDEZ, J. In these consolidated appeals, juveniles G.W., R.H., and T.L. challenge the constitutionality of section 784.081, Florida Statutes (2010), asserting that the sentencing enhancement contemplated in the statute violates the equal protection clauses of the United States Constitution and the Florida Constitution....
...when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged shall be reclassified as follows: (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. See § 784.081(2)(c), Fla....
...We first note that the Legislature has broad authority, under its police power, to enact laws which “promote the public health, safety, morals, and general welfare” of its citizens. Div. of Pari-Mutuel Wagering Dep’t of Bus. Regulation v. Fla. Horse Council, Inc.,
464 So.2d 128, 130 (Fla.1985). It cannot be said that section
784.081 serves no legitimate government purpose. The Florida Legislature, in the exercise of its police power, determined that it was necessary and appropriate to provide educators with additional protection from crimes of violence. It declared its intent when it enacted section
784.081, as it pertains to school district employees....
...gainst teachers and other educators by enhancing the penalties for assaults and batteries committed against educators, .... See 1996 Fla. Sess. Law Serv. Ch. 96-293. It likewise cannot be said that the Legislature was unreasonable in its belief that section 784.081 would promote the Legislature’s stated purpose as it pertains to elected officials or school district employees....
...assaults and batteries would serve as a deterrent. Furthermore, it is common knowledge that the reach of educators extends far beyond school boundaries and transcends into the very lives of students and their families. It thus stands to reason that section 784.081 offers greater protection to educators and thereby rightfully promotes the “public health, safety, morals, and general welfare” of the citizens of this state. We therefore conclude that there is no constitutional infirmity to section 784.081(2)(c), and affirm the adjudication of delinquency in each of the consolidated appeals, as well as the orders placing R.H and T.L....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 12792
...were charged with battery. §
784.03, Fla. Stat. (2004). J.G. was also charged with assault and obstructing or resisting an officer without violence. §§
784.011,
843.02, Fla. Stat. (2004). T.N. was charged with battery on a school board employee. §
784.081, Fla....
...State,
898 So.2d 84 (Fla. 5th DCA 2004). Section
938.08 provides: Additional cost to fund programs in domestic violence. — In addition to any sanction imposed for a violation of s.
784.011, s.
784.021, s.
784.03, s.
784.041, s.
784.045, s.
784.048, s.
784.07, s.
784.08, s.
784.081, s....
...— In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s.
784.011, s.
784.021, s.
784.03, s.
784.041, s.
784.045, s.
784.048, s.
784.07, s.
784.08, s.
784.081, s....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 4815
...2d DCA 1986), this court observed that disorderly conduct is not a lesser-included offense of the charged crimes of battery or criminal mischief, because each crime contains separate and distinct elements that the other does not. Here, the State was required to prove, under section 784.081, Florida Statutes (2001), that C.R.C....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 5764
...of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. §
776.08, Fla. Stat. (2004) (emphasis added). Battery on a school board employee is a third-degree felony. §
784.081(2)(e), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 1041995
...of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. §
776.08, Fla. Stat. (2004) (emphasis added). Battery on a school board employee is a third-degree felony. §
784.081(2)(c), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 1415189, 2014 Fla. App. LEXIS 5431
...utes (1997), which required that the offender “knew or should have known that the victim was pregnant”); S.G.,
29 So.3d at 384 (stating that the first-degree misdemeanor battery conviction could not be reclassified to a third-degree felony under section
784.081(2)(c), Florida Statutes (2008), which required that the offender knew or had reason to know the identity or position or employment of the victim)....
