Florida/Georgia Personal Injury & Workers Compensation

...hyperbole, and he was talking metaphorically. Viewing the evidence in the light most favorable to the State, we conclude that the trial court did not err in denying Mr. Jones's motion for judgment of acquittal. See Andrews, 390 So. 3d at 237. Section 836.12(2)(a), Florida Statutes (2023), provides that it is unlawful to willfully and knowingly threaten a law enforcement officer with death or serious bodily harm....

...Before SCALES, HENDON, and MILLER, JJ. MILLER, J. In these consolidated cases, petitioners seek second-tier certiorari review of appellate decisions by the circuit court affirming their respective convictions and sentences imposed by the county court for violations of section 836.12(2), Florida Statutes (2019)....

...Thus, we find no departure from the essential requirements of law and deny the writs. BACKGROUND After uttering certain menacing statements, each petitioner was charged by information with one count of threatening a law enforcement officer. 2 Petitioners argued in the trial court that section 836.12, Florida Statutes (2019), is unconstitutionally overbroad, contending the legislature’s 1 “[A] law should not be invalidated for overbreadth unless it reaches a substantial number of impermissible applications.” New York v....

...ice.’” Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003) (citation omitted). ANALYSIS As due process was clearly afforded below, we focus our review on whether, in upholding section 836.12, Florida Statutes, the circuit court departed from clearly established constitutional law....

...It further noted the requisite scienter “is satisfied if the defendant transmits a communication 12 for the purpose of issuing a threat, or with knowledge that the communication will be viewed as a threat.” Id. at 723, 135 S. Ct. at 2012. III. Section 836.12, Florida Statutes It is against this background that we examine whether the circuit court departed from the essential requirements of law in deeming the text of the challenged statute constitutionally compliant. Section 836.12(2), Florida Statutes, signed into law in 2016, provides, in relevant part: Any person who threatens a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, or an elected...

...of the law in tacitly determining the statute is subject to a constitutionally viable limiting construction. Under the plain language of the statue, only a perpetrator who “threatens” another with “death or serious bodily harm” is subject to punishment. § 836.12(2), Fla....

...The more significant amendments to the instructions are discussed below. New instruction 8.22(a) (Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official]), instructs upon the new misdemeanor crime in section 836.12(2), Florida Statutes (2016), enacted in chapter 2016-156, section 3, Laws of Florida....

...an assistant state attorney, a firefighter, a judge, or an elected official, or a family member of such persons, with death or serious bodily harm commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 836.12(2), Fla....

...for Petitioner -5-  APPENDIX 8.22(a) THREAT TO [KILL] [DO SERIOUS BODILY HARM TO] A [PUBLIC OFFICIAL] [FAMILY MEMBER OF A PUBLIC OFFICIAL] § 836.12(2), Fla....

...3. (Defendant) knew (victim) was a[n] [family member of a[n]] [law enforcement officer] [state attorney] [assistant state attorney] [firefighter] [judge] [elected official]. Definitions. Give if applicable. § 836.12(1)(a), Fla....

...Stat. “Family member” means: 1. An individual related to another individual by blood or marriage; or 2. An individual who stands in loco parentis to another individual. “In loco parentis” means in place of a parent. § 836.12(1)(b), Fla....

...ion, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. § 836.12(1)(b)2, Fla....

...of Compliance issued by the Division of State Fire Marshal under Florida law. Give if applicable if the jury finds the defendant guilty of Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official]. § 836.12(3), Fla....

...contendere is entered. -7-  Lesser Included Offenses THREAT TO [KILL] [DO SERIOUS BODILY HARM TO] A [PUBLIC OFFICIAL] [FAMILY MEMBER OF A PUBLIC OFFICIAL] — 836.12(2) CATEGORY ONE CATEGORY TWO FLA....

...Assault 784.011 8.11 Attempt 777.04(1) 5.1 Comments *It is not clear whether Assault on a Law Enforcement Officer can be a lesser included offense of § 836.12(2), Fla....

...Stat., because both crimes are first degree misdemeanors. Practitioners may wish to review Sanders v. State, 944 So. 2d 203 (Fla. 2006) and Carle v. State, 983 So. 2d 693 (Fla. 1st DCA 2008). This instruction can be used for the felony crime in § 836.12(3), Fla. Stat., which is based on a prior conviction for § 836.12(2), Fla....

...as an element of a crime.”) (citing Staples v. United States, 511 U.S. 600, 605–06 (1994)), superseded by statute, § 893.101, Fla. Stat. (2011), as recognized in State v. Adkins, 96 So. 3d 412 (Fla. 2012). In considering mens rea in a similar statute, section 836.12, Florida Statutes (2021), the Third District concluded that the intent component must be read into the statute. Romero v. State, 314 So. 3d 699, 706 (Fla. 3d DCA 2021). Section 836.12(2) provides criminal sanctions for “[a]ny person who threatens a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, or an elected official, or a family member of such persons, with death o...

...The more significant amendments to the instructions are discussed below. New instruction 8.22(a) (Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official]), instructs upon the new misdemeanor crime in section 836.12(2), Florida Statutes (2016), enacted in chapter 2016-156, section 3, Laws of Florida....

...an assistant state attorney, a firefighter, a judge, or an elected official, or a family member of such persons, with death or serious bodily harm commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 836.12(2), Fla....

...for Petitioner -5-  APPENDIX 8.22(a) THREAT TO [KILL] [DO SERIOUS BODILY HARM TO] A [PUBLIC OFFICIAL] [FAMILY MEMBER OF A PUBLIC OFFICIAL] § 836.12(2), Fla....

...3. (Defendant) knew (victim) was a[n] [family member of a[n]] [law enforcement officer] [state attorney] [assistant state attorney] [firefighter] [judge] [elected official]. Definitions. Give if applicable. § 836.12(1)(a), Fla....

...Stat. “Family member” means: 1. An individual related to another individual by blood or marriage; or 2. An individual who stands in loco parentis to another individual. “In loco parentis” means in place of a parent. § 836.12(1)(b), Fla....

...ion, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. § 836.12(1)(b)2, Fla....

...of Compliance issued by the Division of State Fire Marshal under Florida law. Give if applicable if the jury finds the defendant guilty of Threat to [Kill] [Do Serious Bodily Harm to] a [Public Official] [Family Member of a Public Official]. § 836.12(3), Fla....

...contendere is entered. -7-  Lesser Included Offenses THREAT TO [KILL] [DO SERIOUS BODILY HARM TO] A [PUBLIC OFFICIAL] [FAMILY MEMBER OF A PUBLIC OFFICIAL] — 836.12(2) CATEGORY ONE CATEGORY TWO FLA....

...Assault 784.011 8.11 Attempt 777.04(1) 5.1 Comments *It is not clear whether Assault on a Law Enforcement Officer can be a lesser included offense of § 836.12(2), Fla....

...Stat., because both crimes are first degree misdemeanors. Practitioners may wish to review Sanders v. State, 944 So. 2d 203 (Fla. 2006) and Carle v. State, 983 So. 2d 693 (Fla. 1st DCA 2008). This instruction can be used for the felony crime in § 836.12(3), Fla. Stat., which is based on a prior conviction for § 836.12(2), Fla....