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The Florida Senate

2014 Florida Statutes

SECTION 0862
Sexual offenses against students by authority figures; reclassification.
F.S. 775.0862
775.0862 Sexual offenses against students by authority figures; reclassification.
(1) As used in this section, the term:
(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, the Florida Virtual School established under s. 1002.37, and a K-8 Virtual School established under s. 1002.415. The term does not include facilities dedicated exclusively to the education of adults.
(c) “Student” means a person younger than 18 years of age who is enrolled at a school.
(2) The felony degree of a violation of an offense listed in s. 943.0435(1)(a)1.a., unless the offense is a violation of s. 794.011(4)(g) or s. 810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.
(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
(c) In the case of a felony of the first degree, the offense is reclassified to a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.s. 2, ch. 2014-202.