C.L. v. State, No. 96-1028

CourtCourt of Appeal of Florida (US)
Writing for the CourtSHAHOOD
Citation693 So.2d 713
Parties22 Fla. L. Weekly D1322 C.L., a child, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 96-1028
Decision Date21 May 1997

Page 713

693 So.2d 713
22 Fla. L. Weekly D1322
C.L., a child, Appellant,
v.
STATE of Florida, Appellee.
No. 96-1028.
District Court of Appeal of Florida,
Fourth District.
May 21, 1997.

Page 714

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbra Amron Weisberg, Assistant Attorney General, West Palm Beach, for Appellee.

SHAHOOD, Judge.

Appellant seeks review of a disposition order adjudicating him guilty of battery on a law enforcement officer and resisting without violence. We affirm appellant's conviction on the charge of battery on a law enforcement officer. With respect to the charge of resisting without violence, appellee concedes, and we agree, that the disposition order must be corrected to reflect that appellant was found guilty of a misdemeanor and not a third degree felony as stated in the disposition order.

Appellant, a juvenile, was charged with and found guilty of battery on a law enforcement officer. The officer involved was a Palm Beach County School Board police officer. Succinctly put, the issue presented here is whether a school board police officer is a law enforcement officer within the meaning of section 784.07, Florida Statutes (1995).

Specifically, section 784.07(1)(a), Florida Statutes (1995), states the following:

As used in this section, the term "law enforcement officer" includes a law enforcement officer, 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 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 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.

(Emphasis added).

Section 1.01, Florida Statutes (1995), defines "political subdivision" as follows:

The words "public body," "body politic," or "political subdivision " include counties, cities, towns, villages, special tax school districts, special...

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2 practice notes
  • McLaughlin v. State, No. 91488.
    • United States
    • United States State Supreme Court of Florida
    • December 17, 1998
    ...SHAW, Justice. We have for review McLaughlin v. State, 698 So.2d 296 (Fla. 3d DCA 1997), based on conflict with C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash United States Federal Protection Service officers Martinez and Aho ......
  • J.K. v. State, No. 97-2883
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1998
    ...General, West Palm Beach, for appellee. PER CURIAM. Affirmed on the authority of State v. Hart, 668 So.2d 589 (Fla.1996); C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997); W.J. v. State, 688 So.2d 954 (Fla. 4th DCA STONE, C.J., and KLEIN and GROSS, JJ., concur. ...
2 cases
  • McLaughlin v. State, No. 91488.
    • United States
    • United States State Supreme Court of Florida
    • December 17, 1998
    ...SHAW, Justice. We have for review McLaughlin v. State, 698 So.2d 296 (Fla. 3d DCA 1997), based on conflict with C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash United States Federal Protection Service officers Martinez and Aho ......
  • J.K. v. State, No. 97-2883
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1998
    ...General, West Palm Beach, for appellee. PER CURIAM. Affirmed on the authority of State v. Hart, 668 So.2d 589 (Fla.1996); C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997); W.J. v. State, 688 So.2d 954 (Fla. 4th DCA STONE, C.J., and KLEIN and GROSS, JJ., concur. ...

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