1997 Florida Code
TITLE XLVI CRIMES
Chapter 775 Definitions; General Penalties; Registration Of Criminals  
775.0823   Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.

1775.0823  Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.--Any provision of law to the contrary notwithstanding, the Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer's duty as a law enforcement or correctional officer, the state attorney's or assistant state attorney's duty as a prosecutor or investigator, or the justice's or judge's duty as a judicial officer, as follows:

(1)  For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.

(2)  For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to the sentencing guidelines.

(3)  For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to the sentencing guidelines.

(4)  For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to the sentencing guidelines.

(5)  For murder in the third degree as described in s. 782.04(4), a sentence pursuant to the sentencing guidelines.

(6)  For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to the sentencing guidelines.

(7)  For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to the sentencing guidelines.

(8)  For kidnapping as described in s. 787.01, a sentence pursuant to the sentencing guidelines.

(9)  For aggravated battery as described in s. 784.045, a sentence pursuant to the sentencing guidelines.

(10)  For aggravated assault as described in s. 784.021, a sentence pursuant to the sentencing guidelines.

Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

History.--s. 3, ch. 89-100; s. 1, ch. 90-77; s. 16, ch. 93-406; s. 17, ch. 95-184; s. 11, ch. 97-194.

1Note.--Section 11, ch. 97-194, amended s. 775.0823, effective October 1, 1998, to read:

775.0823  Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.--Any provision of law to the contrary notwithstanding, the Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer's duty as a law enforcement or correctional officer, the state attorney's or assistant state attorney's duty as a prosecutor or investigator, or the justice's or judge's duty as a judicial officer, as follows:

(1)  For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.

(2)  For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to the Criminal Punishment Code.

(3)  For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to the Criminal Punishment Code.

(4)  For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to the Criminal Punishment Code.

(5)  For murder in the third degree as described in s. 782.04(4), a sentence pursuant to the Criminal Punishment Code.

(6)  For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to the Criminal Punishment Code.

(7)  For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to the Criminal Punishment Code.

(8)  For kidnapping as described in s. 787.01, a sentence pursuant to the Criminal Punishment Code.

(9)  For aggravated battery as described in s. 784.045, a sentence pursuant to the Criminal Punishment Code.

(10)  For aggravated assault as described in s. 784.021, a sentence pursuant to the Criminal Punishment Code.


Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.