G.S. v. State

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…