CopyCited 84 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 12941, 2007 WL 1597855
...entire episode is charged in the information. Furthermore, we would have to say
that every one of those violent acts was an act of self-defense in response to the
5
"Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in
§ 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any
administrative aide or supervisor employed by the commission; parole and probation supervisor;
county probation officer; personnel or representative of the Departme...
CopyCited 66 times | Published | Supreme Court of Florida | 1998 WL 873071
...a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; employee or agent of the Department of Corrections who supervises or provides services to inmates; officer of the Parole Commission; and law enforcement personnel of the Game and Fresh Water Fish Commissio...
...w Enforcement. § 747.07, Fla. Stat. (1995) (emphasis added). Chapter 943, Fla. Stat. (1995), entitled "Department of Law Enforcement," contains the key definition of "law enforcement officer." This definition is limited to state and local officers: 943.10 Definitions.......
...upervision, 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. § 943.10, Fla....
...favorably to the accused. §
775.021, Fla. Stat. (1995). Applying the above principles to the present statutes, we note that section
784.07(1)(a) states that "the term `law enforcement officer' includes a law enforcement officer ... [as] defined in s.
943.10." Section
943.10 provides at the outset that "`[l]aw enforcement officer' means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof." The meaning of these *1173 words cannot...
CopyCited 41 times | Published | Supreme Court of Florida
...§ 635:1 (1974); N.Y.Penal Law § 140.20, .25, .30 (1982); Ore.Rev.Stat. § 164.215, 225 (1981); 18 Pa. C.S.A. § 3502 (1973); Tex.Penal Code §
30.02 (1974); Utah Code Ann. § 76-6-202 (1978); Wash. Rev. Code § 9A.52.020, .030 (1981); Wis. Stat. Ann. §
943.10 (1982).
CopyCited 30 times | Published | Supreme Court of Florida | 2008 WL 5194454
...taining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 943.10(14), Fla....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 607, 1989 WL 526
...§§ 30-16-3 to 30-16-4; New York Penal Law §§ 140.20-30; N.C.Gen.Stat. §§ 14-51 to 14-54; Ohio Rev.Code Ann. §§ 2911.11-13; Ok. Stat. tit. 21, §§ 1431-35; Tenn.Code Ann. §§ 39-3-401 to 39-3-404; Texas Penal Code Ann. §
30.02; Wash.Rev.Code §§ 9A.52.020-030; Wis.Stat. §
943.10....
CopyCited 11 times | Published | Supreme Court of Florida | 2006 WL 3741064
...taining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 943.10(14), Fla....
CopyCited 11 times | Published | Supreme Court of Florida
...taining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 943.10(14), Fla....
CopyCited 10 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 16563, 2002 WL 2002408
...e personnel are sworn, in title and authority only, as regular Coral *1326 Gables police officers[,][t]hey derive no benefit as employees of the city and are strictly under the control of university management as a private institution." (Def.Ex. C). Section 943.10(6) defines a "part-time" law enforcement officer as "any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and...
...This is apparently the approach taken in this instance." (White Affid. at ¶ 7). White also opined that UM was not required to register the officers or to pay salary incentives. As to whether the officers appropriately were classified as "part-time", White stated: [Florida Statute] Section 943.10(6) allows the employing agency the discretion to determine which officers should be categorized as "part-time"....
CopyCited 9 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 1, 2010 Fla. LEXIS 2, 2010 WL 26546
...] in accordance with any applicable law or the person using the force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer. If requested, give definition of "law enforcement officer" from § 943.10(14), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1993 WL 52995
...earm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in; (3) A law enforcement or correctional officer as defined in section
943.10, Florida Statutes; (4) A law enforcement agency as defined in Section
934.02, Florida Statutes; (5) Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms lic...
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1991 WL 98040
...minal activity and escaping a police investigation. It does constitute in the court's view evidence of the crime of obstruction under 843. Section
843.02 Fla. Stat. (1989) provides: Whoever shall resist, obstruct, or oppose any officer as defined in §
943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Departme...
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168
...n emergency medical condition exists, and if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. §
812.014(2)(b)4, Fla. Stat., and §
943.10, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 97, 1991 Fla. LEXIS 81, 1991 WL 6541
...The amendments were codified at section
901.15(11), Florida Statutes (Supp. 1988). This new subsection provides that a law enforcement officer may arrest a person without a warrant when: He is employed by the State of Florida as a law enforcement officer as defined in s.
943.10(1), or part-time law enforcement officer as defined in s.
943.10(6), and: (a) He reasonably believes that a felony involving violence has been or is being committed and that the person to be arrested has committed or is committing the felony; (b) While engaged in the exercise of his state law enforcement...
...A felony warrant for the arrest has been issued and is being held for execution by another peace officer. We agree, and neither party disputes, that road guard inspection special officers are "law enforcement officers" as defined in the statute. See § 943.10(1), (6), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 839998
...One of the deputies complied, and a search incident to the arrest revealed marijuana and psilocyn. Mr. Boatman did not dispute that the off-duty auxiliary deputy had the authority to arrest him for the misdemeanor offense of driving while license suspended and to thereafter search him and the vehicle. See, e.g., § 943.10(8), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 493014
...d by Chapter 943 of the Florida Statutes," may receive hazardous pay. Court service officers do not fall within the definition of sworn officers under Chapter 943 because they are not "vested with authority to bear arms and make arrests." Fla. Stat. § 943.10(1)....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...pervision, 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.] § 943.10(2), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; Write N/A if not applicable] _ a. Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; Write N/A if not applicable] _ a. Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; Write N/A if not applicable] _ a. Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; Write N/A if not applicable] _ a. Respondent is a state or local officer as defined in section-
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
CopyCited 4 times | Published | Supreme Court of Florida
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions. § 943.10, Fla....
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions for enhanced penalty. § 943.10, Fla....
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions. § 943.10, Fla....
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions for enhanced penalty. § 943.10, Fla....
...correctional officer] [correctional probation officer] [part-time
correctional probation officer] [auxiliary correctional probation
officer].
(Victim) was engaged in the lawful performance of a legal duty.
Definitions. § 943.10, Fla....
...correctional officer] [auxiliary correctional officer] [correctional probation
officer] [part-time correctional probation officer] [auxiliary correctional
probation officer] engaged in the lawful performance of a legal duty.
Definitions for enhanced penalty. § 943.10, Fla....
...nal
- 38 -
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions for enhanced penalty. § 943.10, Fla....
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions. § 943.10, Fla....
...[part-time correctional officer] [auxiliary correctional officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
Definitions for enhanced penalty. § 943.10, Fla....
...officer] [correctional
probation officer] [part-time correctional probation officer] [auxiliary
correctional probation officer] engaged in the lawful performance of a legal
duty.
- 52 -
Definitions. § 943.10, Fla....
...omission by a caregiver that results in, or could reasonably be expected to
result in, serious physical or [psychological] [mental] injury, or a substantial
risk of death to [a child] [an elderly person] [a disabled adult].
Definitions. As applied to Designated Personnel.
§ 943.10(14), Fla. Stat. See § 943.10, Fla....
...correctional officer] [correctional probation officer] [part-time
correctional probation officer] [auxiliary correctional probation
officer].
(Victim) was engaged in the lawful performance of a legal duty.
Definitions. § 943.10, Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; write N/A if not applicable] a. ___ Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
CopyCited 3 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703
...taining to the prevention and control of fires, who is certified by the Division of State Fire Marshal of the Department of Financial Services, who is a member of a duly constituted fire department of such employer or who is a volunteer firefighter. § 943.10(H), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 5231
...In 2007, the pre-employment physical
requirement was extended to cover correctional officers and correctional probation
officers under §
943.13(6).
2
investigation, of inmates within a correctional institution.” §
943.10(2), Fla....
...Any condition or impairment of health of any Florida state,
municipal, county, port authority, special tax district, or fire control
district firefighter or any law enforcement officer or correctional officer
as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart
disease, or hypertension resulting in total or partial disability or death
shall be presumed to have been accidental and to have been suffered in
the line of duty unless the co...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
...31(1), Fla. Stat. (2002) (defining "law enforcement officer"); §
250.535(1)(e), Fla. Stat. (2002) (defining "law enforcement agency"); §
397.311(17), Fla. Stat. (2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s.
943.10(1)"); §
394.455(16), Fla. Stat. (2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s.
943.10"); §
403.413(2)(c), Fla....
...(2002) (defining "law enforcement"); §
896.101(2)(d), Fla. Stat. (2002) (defining "law enforcement officer"); §
901.1505(1), Fla. Stat. (2002) (defining "federal law enforcement officer"); §
934.02(6), Fla. Stat. (2002) (defining "law enforcement officer"); §
943.10, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 269187
...rrectional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Sec. 943.10,.... Section 943.10(1), Florida Statutes (1995), defines law enforcement officer as follows: (1) "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision ther...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 408313
...rrectional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Sec.
943.10, and any county probation officer; employee or agent of the Department of Corrections who supervises or provides services to inmates; officer of the Parole Commission; and law enforcement personnel of the Game and Fresh Water Fish Commission, the Department of Environmental Protection, or the Department of Law Enforcement. §
784.07(1)(a), Fla. Stat. (1995). Section
943.10(1), in turn, reads: "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make a...
...auxiliary law enforcement officers but does not include support personnel employed by the employing agency. McLaughlin maintains that because Federal Protection Service officers do not fall under the definition of "law enforcement officer" found in section
943.10, it was error to subject him to the enhancement provisions of section
784.07....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 16541, 2009 WL 3645182
...Appellant claimed that his total and permanent disability due to hypertension was presumed to be by accident suffered in-line-of-duty under section
112.18(1), Florida Statutes (2006). Because the Commission applied the incorrect standard specified in section
121.0515, Florida Statutes (2006), rather than section
943.10(2), Florida Statutes (2006), we agree and reverse the Commission's order....
...Section
112.18(1) provides, in pertinent part, that: *136 Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer or correctional officer as defined in s.
943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. (emphasis added). Section
943.10(2), defines "correctional officer" as any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary respon...
...ctional institution; however, the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel. As its sole defense to Appellant's claim, Appellee contends that under section
121.0515(2)(c), contrary to section
943.10(2), a correctional officer must be a special-risk position....
...Therefore, Appellant needed to hold a special-risk position in order to obtain disability benefits in the line of duty. By doing so, Appellee and the Commission erred by ignoring the controlling definition of correctional officer as contained in section
112.18(1). Section
112.18(1) refers to section
943.10(2), not section
121.0515 or any other statute, for the definition of correctional officer. Neither section
112.18(1) nor section
943.10(2) delineates between regular and special-risk classes. Section
943.10(2) clearly defines a "correctional officer" as a person whose primary responsibility is the "supervision, protection, care, custody and control, or investigation" of inmates....
...tion officer is the protection and custody of inmates. A classification officer also investigates inmate activities and inmate disciplinary actions. Therefore, the position of "classification officer" fits the definition of "correctional officer" in section 943.10(2)....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...Accordingly, it is my opinion that a law enforcement officer whose authority to exercise police powers has been suspended would not be subject to the employment restrictions in section
561.25 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section
943.10 (1), Fla....
CopyPublished | Supreme Court of Florida
...local government. [A volunteer law enforcement officer, firefighter, or
emergency medical technician or paramedic engaged by the state or a local
government is also considered a first responder of the state or local
government for purposes of this section.]
§ 943.10(10), Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
enforcement officer pursuant to ch. 943, F.S. Section
943.10(8), F.S., as renumbered by s. 40, ch. 86-183
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
auxiliary law enforcement officers as defined in section
943.10(1) and (8), Florida Statutes. According to
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
duty to assist person in need of care.) 15 Section
943.10(2), F.S. And see, s.
112.531(2), F.S., which
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
through the use of telecommunications technology. Section
943.10(8) defines "auxiliary law enforcement officer"
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active
CopyPublished | Supreme Court of Florida
...ncy medical
condition exists, and if it does, the care, treatment, or surgery by a physician
necessary to relieve or eliminate the emergency medical condition, within the
service capability of the facility.
§
812.014(2)(b)4, Fla. Stat., and §
943.10, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14666, 2000 WL 1675914
...While at the hospital, Williams attempted to escape from his guard. The legislature chose not to define “law enforcement official” in section
944.02(5), and we reject Williams’ suggestion that the term is equivalent to “law enforcement officer” as defined in section
943.10(1), Florida Statutes (1999), or section
784.07(l)(a), Florida Statutes (1999), which would exclude a private security guard....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...es where neither the patient nor any person legally obligated or responsible for the patient is able to pay for the expense of transportation. For purposes of the Baker Act a "[l]aw enforcement officer" means "a law enforcement officer as defined in s. 943.10 ." 9 Section 943.10 (1), Florida Statutes, defines "[l]aw enforcement officer" as "any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof ; who is vested with authority to bear arm...
...ted or employed by the state or a political subdivision thereof. The Supreme Court of Florida in McLaughlin v. State 10 noted that section
784.07 , Florida Statutes, which defined "law enforcement officer" as "those terms are respectively defined in s.
943.10 ," did not embrace United States Federal Protection Service officers since such officers were not state or local officers: "[W]e note that section
784.07 (1)(a) states that "the term `law enforcement officer' includes a law enforcement officer . . . [as] defined in s.
943.10 ." Section
943.10 provides at the outset that "`[l]aw enforcement officer' means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof." The meaning of these words cannot be pla...
CopyPublished | Supreme Court of Florida
...790.233(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comment
This crime does not apply to a state or local officer as defined in Fla. Stat.
943.10(14), holding an active certification, who received or possessed a firearm or
ammunition for use in performing official duties on behalf of the officer’s
employing agency, unless otherwise prohibited by the employing agency.
This instr...
...by the owner of the property or
by a person who had been authorized, licensed, or invited by the owner to be on
the property. See §
790.115(1), Fla. Stat.
This crime does not apply if the defendant was a law enforcement officer as
defined in §
943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 14085, 1992 WL 438314
PER CURIAM. Affirmed. Compare §§
30.07, .09(4), .15, Fla.Stat. (1991) (appointment, powers and duties of deputy sheriffs) with §
943.10(1), Fla.Stat....
CopyPublished | Supreme Court of Florida
give definition of law enforcement officer from §
943.10(14), Fla. Stat. §
776.013(4), Fla
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...Respondent shall not knowingly and intentionally come within 100 feet of Petitioner's motor vehicle at any time, whether or not that vehicle is occupied; g. Other provisions regarding contact;_ 3.Firearms. [Initial all that apply; write N/A if not applicable] a._Respondent is a state or local officer, as defined in section 943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency, and is not prohibited by the court from having in his or her care, possession, or control any firearm or ammunition....
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession, or control any firearm or ammunition. ilnitial ail that apply; write N/A if not applicable] a._Respondent is a state or local officer, as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in ■ performing official duties on behalf of the officer's employing agency, and is not prohibited by the court from...
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5654
...rrectional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Sec. 943.10,_ Section 943.10(1), Florida Statutes (1995), defines law enforcement officer as follows: (1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision...
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
an "employing agency" within the meaning of section
943.10(4), Florida Statutes? You state that the Florida
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...n or device. Section
790.052 (1), Florida Statutes, provides in pertinent part: "All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s.
943.10 (1), (2), (6), (7), (8), or (9) 1 shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they n...
...icer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s.
790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s.
943.10 (1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or firearm license....
...iminal Justice Standards and Training Commission has the right to a carry weapon, concealed or unconcealed, on-duty or off-duty, statewide when authorized by the officer's employing agency. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 943.10 (2), (7) and (9), Fla....
...Stat., provides in pertinent part: "[A]n individual holding an active certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," "correctional officer," or "correctional probation officer" as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section." While s....
...arm as a private citizen under s.
790.06 shall not be liable for the use of the firearm in such capacity. 3 See generally, s.
843.025 , Fla. Stat., making it a felony of the third degree for any person to deprive a correctional officer as defined in s.
943.10 (2), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4782, 1992 WL 86184
...He was acting in his capacity as an auxiliary deputy sheriff performing a nondelegable police power function. The trial court correctly determined as a matter of law Florida Power was not liable for Harris’s negligence, if any, in performing his traffic control duties. AFFIRMED. COBB and COWART, JJ., concur. . Section 943.10(7), Florida Statutes (Supp....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
4 See, s. 3, Ch. 88-183, Laws of Florida. 5 Section
943.10(1), (2), (6), (7), (8) and (9), F.S., respectively
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
officer," reference is made to definitions in section
943.10, Florida Statutes, later in section
901.15 CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...It is a violation of section
790.233,
Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her
care, custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a.____Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds
an active certification, who receives or possesses a firearm or ammunition for use in performing official
duties on behalf of the officer’s employing agency and is not prohibited by the court from having in his
or her care, custody, possession or control a firearm or ammunition....
...It is a violation of Section
790.233, Florida
Statutes, and a first degree misdemeanor, for the Respondent to have in his or her care, custody,
possession or control any firearm or ammunition.
{Initial if applies; write N/A if not applicable}
a. ____Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes,
who holds an active certification, who receives or possesses a firearm or ammunition for use
in performing official duties on behalf of the officer’s employing agency and is not...
..._ .
3. Firearms.
{Initial all that apply; write N/A if not applicable}
a. ____Respondent is a state or local officer, as defined in section 943.10(14), Florida Statutes,
who holds an active certification, who receives or possesses a firearm or ammunition for use in
performing official duties on behalf of the officer’s employing agency, and is not prohibited by the court
fro...
...It is a violation of section
790.233, Florida Statutes,
and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession or
control any firearm or ammunition.
{Initial all that apply; write N/A if not applicable}
a. _____ Respondent is a state or local officer, as defined in section
943.10(14), Florida
Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in
performing official duties on behalf of the officer’s employing agency, and is not prohibited by the court
from ha...
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...provided in that section to carry concealed weapons or firearms. 2 Subsection (5)(b) of the statute, in providing for the payment of certain license fees and costs, states: However, a "law enforcement officer" or "correctional officer" as defined in s. 943.10 (1), (2), (6), (7), (8), and (9) shall be permitted to carry concealed firearms notwithstanding the requirements of this section. Further, a law enforcement or correctional officer as defined in s. 943.10 (1) or (2) shall be exempt from the required fees and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer or correctional officer; ....
...790.01 , F.S., prescribing criminal penalties for a person who carries a concealed weapon, electric weapon or device or firearm on or about his person; however, "[n]othing in this section shall relate to persons licensed as set forth in ss. 790.05 [repealed by Ch. 87-24, Laws of Florida] and
790.06 ." 3 Section
943.10 (1), F.S., defines "law enforcement officer" as: [A]ny person who is elected, appointed, or employed full time by any municipality or the state or any subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. . . . And see, s.
943.10 (2), (6), (7), (8), and (9), F.S., respectively defining "correctional officer," "part-time law enforcement officer," "part-time correctional officer," "auxiliary law enforcement officer," and "auxiliary correctional officer." Cf.,
943.13 ,...
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
3 Section 6, Ch. 81-464, Laws of Florida. 4 Section
943.10(1), F.S. 5 Cf., s. 240.38, F.S. (1990 Supp
CopyPublished | Florida 1st District Court of Appeal | 2011 WL 2535336
...Statutory support for recognizing that school resource officers are law enforcement officers can be found in the statute creating the role of school resource officers. Section
1006.12(1)(a)(1), Florida Statutes (2009), states: School resource officers shall be certified law enforcement officers, as defined in section
943.10(1), who are employed by a law enforcement agency as defined in section
943.10(4)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20410
...Appellant responded negatively and consented to a pat-down search, during which time the pistol was discovered. Officer Amy then arrested, handcuffed and brought appellant and the pistol to deputy sheriff Fedele. Appellant contends that only a full-time law enforcement officer, as defined in Florida Statutes, Section 943.10(1), may conduct a stop and frisk and that an auxiliary officer is without authority to arrest and perform law enforcement functions except under the immediate supervision of the law enforcement officer with whom he is working....
...Appellant’s contention that the statutory authority accorded to a “law enforcement officer” to conduct a “stop and frisk” pursuant to Section
901.151, Florida Statutes (1979), extends only to a “law enforcement officer” as defined in Section
943.10(1), Florida Statutes, is without merit. Section
943.10(1) defines a “law enforcement officer” as any person: ......
...hority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. A “part-time law enforcement officer” is defined in Section 943.10(5), Florida Statutes, as: ....
...Under appellant’s narrow interpretation of “law enforcement officer,” a part-time officer, as well as an auxiliary officer, would be excluded from conducting a “stop and frisk.” We decline the invitation to adopt such a strained interpretation. An “auxiliary law enforcement officer” is defined in Section 943.10(6), Florida Statutes, as: ......
...of a full-time or part-time *881 law enforcement officer, has the authority to arrest and perform law-enforcement functions. An auxiliary officer is accorded the authority, under described conditions, to arrest and perform law enforcement functions. Section 943.10(5), Florida Statutes, supra....
...sser intrusive power to “stop and frisk.” Accordingly, we conclude that the term “law enforcement officer,” as used in Section
901.151, includes an auxiliary officer. The authority of an auxiliary officer, however, is not without limits. See Section
943.10(5), Florida Statutes, supra....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; Write N/A if not applicable] — a. Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency and is not prohibited by the court from hav...
CopyPublished | Supreme Court of Florida
...demeanor, for the Respondent to have in his or her care,
custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a. Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes,
who holds an active certification, who receives or possesses a firearm or ammunition for
use in performing official duties on behalf of the officer’s employing agency and is...
...demeanor, for the Respondent to have in his or her care,
custody, possession or control any firearm or ammunition.
{Initial if applies; write N/A if not applicable}
a. Respondent is a state or local officer as defined in section 943.10(14), Florida Statutes,
who holds an active certification, who receives or possesses a firearm or ammunition for
use in performing official duties on behalf of the officer’s employing agency and is...
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9258, 2015 WL 3760643
...ng that person from
committing acts of domestic violence . . . .” §
790.233(1), Fla. Stat. (2013).
This was erroneous as Mr. Martinez is a law enforcement officer and
section
790.233(1) “does not apply to a state or local officer as defined in
s.
943.10(14),1 holding an active certification, who receives or possesses a
firearm or ammunition for use in performing official duties on behalf of the
officer’s employing agency, unless otherwise prohibited by the employing
agency.” §
790.233(3), Fla....
...or ammunition in Mr. Martinez’s possession.
Affirmed in part, reversed and remanded in part.
TAYLOR and MAY, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
1 Section 943.10(14) defines an “officer” as “any person employed or
appointed as a full-time, part-time, or auxiliary law enforcement officer,
correctional officer, or correctional probation officer.” § 943.10(14), Fla....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...laws of the State of Florida." 5 Including the members of the Florida Citrus Commission, pursuant to s.
601.04 (2)(b), F.S., and the members of the State of Florida Correctional Medical Authority, pursuant to s.
945.602 (1), F.S. 6 See, AGO 84-66. 7 Section
943.10 (1), F.S., defines "Law enforcement officer", in part, to mean "any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arm...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 28711
COWART, Judge. An “auxiliary deputy sheriff” as defined in section
943.10(6), Florida Statutes (1981), is a “law enforcement officer” within the meaning of section
784.07, Florida Statutes (1981), prohibiting the assault or battery of law enforcement officers....
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 99281, 2012 WL 2872762
...The statute specifically refers to the "Fish and Wildlife Conservation Commission and its officers and all law enforcement officers as specified in s.
327.70.” Fla Stat. § 823.1 l(3)(a). Florida Statute Section
327.70 refers to "municipal police officers, and any other law enforcement officer as defined in s.
943.10.” Fla....
...ubdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.” Fla. Stat. § 943.10 (a)....
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 18676
...(2005), which provides: Carrying concealed firearms; off-duty law enforcement officers. (1) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of the superior officers, and may perform those law enforcement functions that they normal...
...However, nothing in this subsection shall be construed to limit the right of a law enforcement officer ... to carry a concealed firearm off duty as a private citizen under the exemption provided in s.
790.06.... Stumpff is such an officer, as is explained in section
943.10(8): "Auxiliary law enforcement officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a fulltim...
...orne by the applicant. However, an individual holding an active *1188 certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," "correctional officer," or "correctional probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section. Stumpff, although inactive, remained an "auxiliary law enforcement officer" under section 943.10(8), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 83
...he dog’s head, as the court found. Section 848.01, Florida Statutes (2014), is entitled “Resisting officer with violence to his or her person” and states: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) ......
...te process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree .... §
843.01, Fla. Stat. Section
943.10, Florida Statutes, (2014), refers to “any person”- in defining who is. a police officer. §
943.10(1),,....
CopyPublished | Florida 1st District Court of Appeal
...Instead, noting that the form for the 1983 physical indicates that it is for "PROPOSED JOB TITLE: Aux. Police Officer," the E/C argues that the physical related to his service as an auxiliary LEO, and section
112.18 does not include auxiliary LEOs. Specifically, section
112.18 refers to subsection
943.10(1), Florida Statutes, which includes only full-time LEOs (auxiliary LEOs are defined in subsection
943.10(8) )....
...REVERSED and REMANDED for further proceedings in accordance with this opinion. B.L. Thomas, C.J., and Makar, J., concur. Section
112.18(1)(a) reads in pertinent part as follows: Any condition or impairment of health of ... any law enforcement officer ... as defined in s.
943.10(1) ......
...xiliary LEO, qualifies for the section
112.18 presumption. By requiring the examination to be "upon entering into any such service" as a "law enforcement officer," it is clear that the statute refers to an examination before hire as a LEO defined by section
943.10(1), meaning a full-time officer....
CopyPublished | Supreme Court of Florida
...condition exists, and if it does, the care, treatment, or surgery by a physician
- 12 -
necessary to relieve or eliminate the emergency medical condition, within the
service capability of the facility.
§
812.014(2)(b)4, Fla. Stat., and §
943.10, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 986, 1990 WL 13534
...1988), which deals with the authority of state law enforcement officers to make *148 warrantless arrests. This new subsection provides: A law enforcement officer may arrest a person without a warrant when: [[Image here]] (11) He is employed by the State of Florida as a law enforcement officer as defined in s. 943.10(1), or part-time law enforcement officer as defined in s....
...It is from the Department’s construction of section
901.15(11), as it pertains to its special officers, that this appeal is taken. The Florida PBA takes the position that section
901.15(11) clearly establishes that an individual employed by the state as a law enforcement officer as defined in section
943.10(1) possesses the authority to arrest without a warrant under the circumstances outlined in section
901.15(ll)(a)-(c), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...ule, they must work a designated number of hours per month. Other duties of the auxiliary police officers include directing traffic, serving as witnesses and generally assisting regular police officers under such officers' supervision and direction. Section 943.10 (8), F.S., as renumbered by s....
...Despite the local policy constraining such officers not to make arrests, these officers have apparently met the statutory requirements for certification as auxiliary law enforcement officers and are authorized "to arrest and perform law enforcement functions" pursuant to s. 943.10 (8), F.S., as renumbered by s....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
if not reimbursed to the employing agency. Section
943.10(1), F. S., defines a police officer to include
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...pervision, 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. Section 943.10 (1), F.S....
CopyPublished | Supreme Court of Florida
...or reasonably should have known that the person
entering or attempting to enter was a law
enforcement officer.
If requested, give definition of “law enforcement officer”
from § 943.10(14), Fla....
...entering or attempting to enter was a law
- 16 -
enforcement officer.
If requested, give definition of “law enforcement officer” from
§ 943.10(14), Fla....
CopyPublished | Supreme Court of Florida
...or reasonably should have known that the person
entering or attempting to enter was a law
enforcement officer.
If requested, give definition of “law enforcement officer”
from § 943.10(14), Fla....
...or reasonably should have known that the person
entering or attempting to enter was a law
enforcement officer.
If requested, give definition of “law enforcement officer” from
§ 943.10(14), Fla....
CopyPublished | Supreme Court of Florida
...It is a violation of section
790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition. [Initial if applies; write N/A if not applicable] a. ___Respondent is a state or local officer as defined in section
943.10(14), Florida Statutes, who holds an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency and is not prohibited by the court from having in his or her care, custody, possession or control a firearm or ammunition....
CopyPublished | Supreme Court of Florida
...CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comments
This crime does not apply to a state or local officer as defined in Fla. Stat.
§
943.10(14), Fla....
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
...790.233(1)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comment
This crime does not apply to a state or local officer as defined in Fla. Stat.
943.10(14), holding an active certification, who received or possessed a firearm or
ammunition for use in performing official duties on behalf of the officer’s
employing agency, unless otherwise prohibited by the employing agency.
This instr...
...by the owner of the property or
by a person who had been authorized, licensed, or invited by the owner to be on
the property. See §
790.115(1), Fla. Stat.
This crime does not apply if the defendant was a law enforcement officer as
defined in §
943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14), Fla....
CopyPublished | Florida 5th District Court of Appeal | 168 L.R.R.M. (BNA) 2591, 2000 Fla. App. LEXIS 10929, 2000 WL 1205626
...Among those kinds of managerial employees expressly mentioned by the statute are “police chiefs, fire chiefs, or directors of public safety of any police, fire or public safety department.” But the statute also says: “Other police officers, as defined in section 943.10(1), may be determined by the commission to be managerial employees of such departments. In making such determinations, the commission shall consider in addition to the criteria established in paragraph (a), the paramilitary organizational structure of the department involved.” Section 943.10(1) references a very broad category of officers: [A]ny person who is elected, appointed or employed full time by any municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arr...
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
State Racing Commission v. McLaughlin, supra. Section
943.10(1), F. S., applicable to the Police Standards
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 11431, 2001 WL 912899
...The trial court correctly denied the motion because, after Hunter was decided, the legislature amended section
784.07, Florida Statutes, to include county correctional officers. See §
784.07(l)(a), Fla. Stat. (2000) (defin *765 ing law enforcement officer to include a correctional officer); §
943.10(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...(establishing Criminal Justice
Professionalism Program); §
943.13, Fla. Stat. (setting out
minimum qualifications, including a certified training
requirement, for any person to be employed as a law enforcement
officer by an “employing agency,” defined by section
943.10(4),
Florida Statutes, to be a governmental entity with constitutional
....
...alderman, and city police officer, as “peace officers”). Law
enforcement officers typically are also peace officers, but not every
peace officer is a law enforcement officer.
24
or statutory authority to employ or appoint such an officer);
§ 943.10(1), (4), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145
...en as a lesser-
included offense.
“Law enforcement officer” is not defined in chapter 812, Florida
Statutes, or in case law interpreting §
812.015(6), Fla. Stat. Trial judges
may consult §
790.01, Fla. Stat., §
934.02, Fla. Stat., and §
943.10, Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...However, the statute does not appear to preclude the mere serving of alcohol under circumstances where the law enforcement officer is not employed by a business licensed under the Beverage Law and there is no sale of alcoholic beverages occurring. Sincerely, Bill McCollum Attorney General BM/tgh 1 Section 943.10 (1), Fla....
CopyPublished | Supreme Court of Florida | 2016 WL 1460587
...ncy medical
condition exists, and if it does, the care, treatment, or surgery by a physician
necessary to relieve or eliminate the emergency medical condition, within the
service capability of the facility.
§
812.014(2)(b)4, Fla. Stat., and §
943.10, Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
the law enforcement officer as an "officer."5 Section
943.10, Florida Statutes, defines "law enforcement
CopyPublished | Supreme Court of Florida
...arrests; and whose primary responsibility is the prevention and detection of
crime or the enforcement of the penal, criminal, traffic, or highway laws of
the state.
Definitions for part-time and auxiliary law enforcement officers can be
found in § 943.10, Fla....
