G.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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G.S., a juvenile, was convicted of third-degree felony battery on detention facility staff after admitting to battery against two employees at the Florida Keys Children Shelter (FKCS). The Third District Court of Appeal reversed, holding that FKCS is a shelter—not a detention or commitment facility—and therefore does not qualify under the statute authorizing enhancement of simple battery to felony battery.
The court held that FKCS is a shelter, not a detention or commitment facility as defined in Section 784.075, and therefore does not fall within the statute's scope. The enhancement of the simple battery charge to a third-degree felony was improper, and the conviction must be reduced to simple battery.
[1] A battery on staff of a detention or commitment facility is a third-degree felony under Section 784.075, Florida Statutes (1998).
[2] The definition of "staff member" under Section 784.075, Florida Statutes (1998), includes persons employed by the Department of Juvenile Justice, persons employed at faci…
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Establishes the principle governing interpretation of the enhancement statute
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Join FLexlaw to unlock all legal intelligenceG.S. was removed from his home by the Department of Children and Families and placed in the Florida Keys Children Shelter (FKCS). While at FKCS, G.S. …
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PER CURIAM.
Respondent, G.S. (“respondent”), appeals his enhanced conviction and sentence of third-degree felony battery on a detention or commitment facility staff member in violation of Section 784.075, Florida Statutes (1998). We reverse, finding the charge of simple battery should not have been enhanced to a third-degree felony because the victims were not employees of a facility listed in Section 784.075.
The respondent was removed from his home by the Department of Children and Families (“DCF”) and was placed in the Florida Keys Children Shelter (“FKCS”). The respondent admitted that he committed a battery on two FKCS staff members while residing in the FKCS facility. Based on this admission, the trial court enhanced the respondent’s conviction from a misdemeanor simple battery to a third-degree felony pursuant to Section 784.075. Section 784.075 states:
Battery on detention or commitment facility staff.
— A person who commits a battery on an intake counselor or case manager, as defined in s. 984.02(31) or s. 985.03(30), on other staff of a detention center or facility as defined in s. 984.03(19), or on a staff member of a commitment facility as defined in s. 985.03(45), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.
§ 784.075, Fla. Stat. (1998).
The respondent appeals his conviction and sentence asserting that FKCS is not a facility listed in Section 784.075 and, therefore, the trial court erred in enhancing the misdemeanor simple battery to a third-degree felony. The state contends that the enhancement was proper because FKCS operates under a contract with the Department of Juvenile Justice and, therefore, FKCS falls within the purview of Section 784.075. -
Penal statutes are to be strictly construed. See § 775.021, Fla. Stat. (1998); McLaughlin v. State, 721 So. 2d 1170 (Fla.1998). FKCS is a shelter. The statute’s title makes it clear that the statute only pertains to batteries committed on detention or commitment facility staff. A shelter, even if operating under a contract with the Department of Juvenile Justice, is not one of the listed facilities stated in Section 784.075. Accordingly, we reverse finding the battery that occurred did not fall within one of the specific facilities as defined in the statute. See § 775.021, Fla. Stat. (1998).
Reversed and remanded with directions to reduce the respondent’s conviction to simple battery and sentence the respondent accordingly.
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M.A.M. v. Vurro, 2 So. 3d 388 (Fla. 2d DCA 2009)…ll be strictly construed” and that any ambiguities “shall be construed most favorably to the accused”); see also A.M.P. v. State, 927 So. 2d 97, 100 (Fla. 5th DCA 2006) (applying rule of lenity in section 775.021(1) in juvenile case); G.S. v. State, 761 So. 2d 1229, 1230 (Fla. 3d DCA 2000) (applying strict construction provision of section 775.021(1) in juvenile case). Here, the twenty-one-day clock on M.A.M.’s detention began running on October 9, the day on which M.A.M. was first brought into court for a de…
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L.L.P. v. State, 920 So. 2d 105 (Fla. 5th DCA 2006)…minimal, and it plainly is inadequate to prove that the victim and defendant were in a detention or commitment facility. The trial court may have known what the facility was, but it was nevertheless not part of the State’s proof. See G.S. v. State, 761 So. 2d 1229 (Fla. 3d DCA 2000). Accordingly, we reverse and remand with instructions to reduce the conviction to simple battery. REVERSED and REMANDED. GRIFFIN, THOMPSON and MONACO, JJ., concur. . Section 784.07, Fla. Stat. (2004).…
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J.D. v. State, 920 So. 2d 209 (Fla. 4th DCA 2006)…r the rule of lenity, see section 775.021(1), Florida Statutes, any ambiguity must be resolved in favor of J.D. We thus reverse J.D.’s conviction and remand with directions that the conviction be reduced to one for simple battery. See G.S. v. State, 761 So. 2d 1229 (Fla. 3d DCA 2000). STEVENSON, C.J., WARNER and HAZOURI, JJ., concur. . We note that while J.D.'s counsel moved for a judgment of acquittal, in juvenile cases, it is appropriate to move for dismissal of the charges pursuant to Florida Rule of Juve…
Authorities Cited
- McLAUGHLIN v. State, 721 So. 2d 1170 (Fla. 1998)