C.M.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2008-06-06
No. 5D07-2431
ORFINGER and COHEN, JJ., concur.
983 So. 2d 704 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A minor was convicted of battery on a law enforcement officer and resisting arrest with violence after fighting with a school resource officer who detained her for being tardy. The appellate court affirmed, holding that the officer was lawfully executing his duties as a school resource officer when he detained the student at the direction of school administration.


Holding

The school resource officer was lawfully executing his duties as a school resource officer when he detained the student at the direction of school administration, as officers in this role are statutorily bound to enforce school board policies and maintain decorum under the direction of school principals.


Headnotes

[1] A school resource officer is engaged in the lawful execution of a legal duty when acting at the direction of a school administrator to enforce school rules.

[2] School resource officers are statutorily bound to abide by district school board policies and coordinate activities with the school principal.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“School resource officers perform a unique mission. They are certified law enforcement officers who are assigned to work at schools under cooperative agreements between their law enforcement agencies and school boards.”

Establishes the statutory framework and unique role of school resource officers in the law enforcement context.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

An administrative dean at Colonial High School directed appellant to come to him for being tardy to class. After appellant refused and displayed her m…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
TORPY, J.

TORPY, J.

Appellant challenges her convictions for battery on a law enforcement officer and resisting arrest with violence. The sole issue on appeal is whether the law enforcement officer, who was working as a school resource officer, was executing a legal duty at the time he encountered and detained Appellant on school grounds.1 We conclude that the officer was executing a legal duty and affirm Appellant’s convictions.

An administrative dean at Colonial High School noticed Appellant running across the courtyard on her way to class. The dean realized that Appellant would be tardy and directed her to come to him so that he could issue her a late pass. After three such requests, Appellant displayed her middle finger to the dean and entered the school building.

The dean radioed to the school resource officer, Deputy Faine, and asked him to stop Appellant and send her back to him. Deputy Faine encountered Appellant and directed her to stop, using both verbal-and nonverbal commands, but she kept walking towards him. When Appellant attempted to walk around Deputy Faine, he grabbed her around the waist, at which time Appellant began to fight with the deputy. During the altercation, Appellant hit Deputy Faine with her fists and kicked him in the chest, stomach and neck.

Citing our decision in J.A.S.R. v. State, 967 So. 2d 1050 (Fla. 5th DCA 2007), Appellant urges that the trial court should have granted her motion for judgment of acquittal because the deputy was not engaged in the lawful execution of his duties at the time that he detained her. J.A.S.R. involved a police officer who had been working an off-duty assignment at Wet ’N Wild.2 Although the officer was in uniform, he was not enforcing the law or otherwise executing any of his law enforcement duties at the time of the encounter. Here, the deputy was assigned as a school resource officer and was engaged in the execution of his duties as such at the time of the incident. School resource officers perform a unique mission. They are certified law enforcement officers who are assigned to work at schools under cooperative agreements between their law enforcement agencies and school boards. § 1006.12(l)(a), (b), Fla. Stat. (2007). They are statutorily bound to “abide by district school board policies” and “consult with and coordinate activities through the school principal....” Id. In this capacity, resource officers are called upon to perform many duties not traditional to the law enforcement function, such as instructing students, serving as mentors and assisting administrators in maintaining decorum and enforcing school board policy and rules. At the time Deputy Faine encoun-. tered Appellant, he was acting at the direction of a school administrator in enforcing school rules. Clearly, he was engaged in the lawful execution of his legal duty as a school resource officer. Accordingly, Appellant’s convictions are affirmed.

AFFIRMED.

ORFINGER and COHEN, JJ., concur. . The statute dealing with battery on a law enforcement officer requires that the officer be "engaged in the lawful performance of his or her duties.” The statutory provisions dealing with resisting a law enforcement officer require that the officer be "in the lawful execution of any legal duty.” §§ 843.01-.02, Fla. Stat. (2007). These elements are functionally identical so we make no distinction in our opinion. See Tillman v. State, 934 So. 2d 1263, 1266 (Fla.2006).

. J.A.S.R. emphasized that the officer's off-duty status was not significant, only the nature of the task that he was executing at the time.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Optavis O. Oliver v. State, 10 So. 3d 704 (Fla. 5th DCA 2009)
    …84 So. 2d 1276, 1277 (Fla. 5th DCA 2008) (holding that unless it is apparent that defects in postconviction claims cannot be remedied by amendment, the trial court must allow a defendant to amend his motion to correct deficiencies); Vasser v. State, 983 So. 2d 704 (Fla. 5th DCA 2008); Pierre v. State, 973 So. 2d 547, 548 (Fla. 5th DCA 2008). Accordingly, the pertinent part of the order is reversed and this case is remanded with instructions that the trial court strike claim two with leave to amend “in a speci…
  • State v. A.R.R., 113 So. 3d 942 (Fla. 5th DCA 2013)
    …rule 3.190(d) are not available in juvenile proceedings as the juvenile rules provide greater flexibility to the court and the parties. D.K.D. v. State, 470 So. 2d 1387, 1389 (Fla.1985). . These duties are "functionally identical.” C.M.M. v. State, 983 So. 2d 704, 705 n. 1 (Fla. 5th DCA 2008). . Judge Torpy went on to explain: Police officers wear many hats: criminal investigator, first aid provider, social worker, crisis intervener, family counselor, youth mentor and peacemaker, to name a few. They are ch…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw