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Senate unanimously adopts bill toughening penalties for violence against law enforcement
Summary
The Senate passed Senate Bill 234 after sponsors and colleagues agreed on an amendment defining "good faith" in officer conduct and increasing penalties for manslaughter of an officer; final vote was 37-0.
Senate Bill 234, a measure clarifying when force may not be used against law enforcement and increasing penalties for manslaughter of an officer, passed the Florida Senate April 3 by a vote of 37-0.
Sponsor Senator Leake said the bill responds to the 2021 shooting of a Daytona Beach officer and aims to prevent defendants from appealing to claims of unlawful detention to justify violence. "This legislation provides that a person may not lawfully use force or violence to resist a law enforcement officer in an arrest or detention," Senator Leake said on the floor as he explained the bill and its effect on chapter 776.051.
The bill amends statutory language the sponsor described as changing the current requirement that an officer be engaged in the "lawful performance of a legal duty" to a requirement that the officer be "engaged in the performance of his or her official duties." It also adds manslaughter against a law enforcement officer to the list of offenses for which the court must sentence a convicted defendant to life imprisonment without eligibility for release, the sponsor said.
Senator Leake offered and the Senate adopted an amendment that, he said, defines "good faith" for officers' performance of duties. Colleagues praised the change as a negotiated improvement. "By including good faith and the definition for it, we set a standard," Senator Russan said during debate. Leader Pizzo also thanked the sponsor for aligning offense levels and penalties.
Senate action: the Secretary unlocked the board, senators voted, and the clerk announced the result: "37 yays, 0 nays, Mister President." The amendment was adopted on the floor before the final passage vote.
Discussion vs. decision: floor debate focused on statutory wording, the definition of good faith, and aligning offense levels and penalties. The amendment altered statutory definitions and was adopted; the bill then passed on a recorded roll call.
The bill will be certified to the House for further action.
