E.P. v. State

District Court of Appeal of Florida

E.P. v. State

462 So. 2d 559, 10 Fla. L. Weekly 197, 1985 Fla. App. LEXIS 14402

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1985

DocketNo. 83-2241

StatusPublished

Cited by1 cases

This text of 462 So. 2d 559 (E.P. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E.P. v. State, 462 So. 2d 559, 10 Fla. L. Weekly 197, 1985 Fla. App. LEXIS 14402 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

The adjudication of delinquency for the offense of battery on a law enforcement officer, under Section 784.07(l)(a), (2), Florida Statutes (1983), is affirmed upon a holding that a security officer employed by the Dade County School Board is a law enforcement officer within the meaning of the above-stated statute. We reach this conclusion based on the following, briefly stated, legal analysis.

First, a law enforcement officer, as defined under Section 784.07(l)(a), Florida Statutes (1983), includes those persons who fall within the generic class of law enforcement officers; for guidance in determining which individuals fall within this generic class, one may look to Section 790.001(8)(a), Florida Statutes (1983). Soverino v. State, 356 So.2d 269, 273 (Fla.1978). Second, a law enforcement officer, as defined by Section 790.001(8)(a), Florida Statutes (1983), includes a school board employee having the legal authority to make arrests. Third, a security officer employed by the Dade County School Board has the legal authority to make arrests and carry concealed weapons under Chapter 70-519, Laws of Florida (1970), which was retained as a valid regulation of the Dade County School Board by Chapter 71-29(4), Laws of Florida (1971).

It therefore follows that the adjudication of delinquency for the offense of battery on a law enforcement officer, to wit: a security officer of the Dade County School Board, was properly entered below. Moreover, no attack is made on the adjudication of delinquency for the offenses of trespass and battery also entered below. The adjudication of delinquency under review is therefore in all respects

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The adjudication of delinquency for the offense of battery on a law enforcement officer, under Section 784.07(l)(a), (2), Florida Statutes (1983), is affirmed upon a holding that a security officer employed by the Dade County School Board is a law enforcement officer within the meaning of the above-stated statute. We reach this conclusion based on the following, briefly stated, legal analysis.

First, a law enforcement officer, as defined under Section 784.07(l)(a), Florida Statutes (1983), includes those persons who fall within the generic class of law enforcement officers; for guidance in determining which individuals fall within this generic class, one may look to Section 790.001(8)(a), Florida Statutes (1983). Soverino v. State, 356 So.2d 269, 273 (Fla.1978). Second, a law enforcement officer, as defined by Section 790.001(8)(a), Florida Statutes (1983), includes a school board employee having the legal authority to make arrests. Third, a security officer employed by the Dade County School Board has the legal authority to make arrests and carry concealed weapons under Chapter 70-519, Laws of Florida (1970), which was retained as a valid regulation of the Dade County School Board by Chapter 71-29(4), Laws of Florida (1971).

It therefore follows that the adjudication of delinquency for the offense of battery on a law enforcement officer, to wit: a security officer of the Dade County School Board, was properly entered below. Moreover, no attack is made on the adjudication of delinquency for the offenses of trespass and battery also entered below. The adjudication of delinquency under review is therefore in all respects

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

462 So. 2d 559, 10 Fla. L. Weekly 197, 1985 Fla. App. LEXIS 14402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ep-v-state-fladistctapp-1985.

Opinion

Related

Cite This Page — Counsel Stack