CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Paul offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 825.1025, Florida Statutes, is

18  amended to read:

19         825.1025  Lewd or lascivious offenses committed upon or

20  in the presence of an elderly person or disabled person

21  adult.--

22         (1)  As used in this section, "sexual activity" means

23  the oral, anal, or vaginal penetration by, or union with, the

24  sexual organ of another or the anal or vaginal penetration of

25  another by any other object; however, sexual activity does not

26  include an act done for a bona fide medical purpose.

27         (2)(a)  "Lewd or lascivious battery upon an elderly

28  person or disabled person adult" occurs when a person

29  encourages, forces, or entices an elderly person or disabled

30  person adult to engage in sadomasochistic abuse, sexual

31  bestiality, prostitution, or any other act involving sexual

                                  1

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  activity, when the person knows or reasonably should know that

  2  the elderly person or disabled person adult either lacks the

  3  capacity to consent or fails to give consent.

  4         (b)  A person who commits lewd or lascivious battery

  5  upon an elderly person or disabled person adult commits a

  6  felony of the second degree, punishable as provided in s.

  7  775.082, s. 775.083, or s. 775.084.

  8         (3)(a)  "Lewd or lascivious molestation of an elderly

  9  person or disabled person adult" occurs when a person

10  intentionally touches in a lewd or lascivious manner the

11  breasts, genitals, genital area, or buttocks, or the clothing

12  covering them, of an elderly person or disabled person adult

13  when the person knows or reasonably should know that the

14  elderly person or disabled person adult either lacks the

15  capacity to consent or fails to give consent.

16         (b)  A person who commits lewd or lascivious

17  molestation of an elderly person or disabled person adult

18  commits a felony of the third degree, punishable as provided

19  in s. 775.082, s. 775.083, or s. 775.084.

20         (4)(a)  "Lewd or lascivious exhibition in the presence

21  of an elderly person or disabled person adult" occurs when a

22  person, in the presence of an elderly person or disabled

23  person adult:

24         1.  Intentionally masturbates;

25         2.  Intentionally exposes his or her genitals in a lewd

26  or lascivious manner; or

27         3.  Intentionally commits any other lewd or lascivious

28  act that does not involve actual physical or sexual contact

29  with the elderly person or disabled person adult, including

30  but not limited to, sadomasochistic abuse, sexual bestiality,

31  or the simulation of any act involving sexual activity,

                                  2

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1

  2  when the person knows or reasonably should know that the

  3  elderly person or disabled person adult either lacks the

  4  capacity to consent or fails to give consent to having such

  5  act committed in his or her presence.

  6         (b)  A person who commits a lewd or lascivious

  7  exhibition in the presence of an elderly person or disabled

  8  person adult commits a felony of the third degree, punishable

  9  as provided in s. 775.082, s. 775.083, or s. 775.084.

10         Section 2.  Paragraphs (g) and (h) of subsection (3) of

11  section 921.0022, Florida Statutes, as amended by section 2 of

12  chapter 2001-358, Laws of Florida, are amended to read:

13         921.0022  Criminal Punishment Code; offense severity

14  ranking chart.--

15         (3)  OFFENSE SEVERITY RANKING CHART

16

17  Florida           Felony

18  Statute           Degree             Description

19

20

21                              (g)  LEVEL 7

22  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

23                              injury.

24  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

25                              bodily injury.

26  402.319(2)         2nd      Misrepresentation and negligence

27                              or intentional act resulting in

28                              great bodily harm, permanent

29                              disfiguration, permanent

30                              disability, or death.

31  409.920(2)         3rd      Medicaid provider fraud.

                                  3

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  456.065(2)         3rd      Practicing a health care

  2                              profession without a license.

  3  456.065(2)         2nd      Practicing a health care

  4                              profession without a license

  5                              which results in serious bodily

  6                              injury.

  7  458.327(1)         3rd      Practicing medicine without a

  8                              license.

  9  459.013(1)         3rd      Practicing osteopathic medicine

10                              without a license.

11  460.411(1)         3rd      Practicing chiropractic medicine

12                              without a license.

13  461.012(1)         3rd      Practicing podiatric medicine

14                              without a license.

15  462.17             3rd      Practicing naturopathy without a

16                              license.

17  463.015(1)         3rd      Practicing optometry without a

18                              license.

19  464.016(1)         3rd      Practicing nursing without a

20                              license.

21  465.015(2)         3rd      Practicing pharmacy without a

22                              license.

23  466.026(1)         3rd      Practicing dentistry or dental

24                              hygiene without a license.

25  467.201            3rd      Practicing midwifery without a

26                              license.

27  468.366            3rd      Delivering respiratory care

28                              services without a license.

29  483.828(1)         3rd      Practicing as clinical laboratory

30                              personnel without a license.

31

                                  4

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  483.901(9)         3rd      Practicing medical physics

  2                              without a license.

  3  484.013(1)(c)      3rd      Preparing or dispensing optical

  4                              devices without a prescription.

  5  484.053            3rd      Dispensing hearing aids without a

  6                              license.

  7  494.0018(2)        1st      Conviction of any violation of

  8                              ss. 494.001-494.0077 in which the

  9                              total money and property

10                              unlawfully obtained exceeded

11                              $50,000 and there were five or

12                              more victims.

13  560.123(8)(b)1.    3rd      Failure to report currency or

14                              payment instruments exceeding

15                              $300 but less than $20,000 by

16                              money transmitter.

17  560.125(5)(a)      3rd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments exceeding

20                              $300 but less than $20,000.

21  655.50(10)(b)1.    3rd      Failure to report financial

22                              transactions exceeding $300 but

23                              less than $20,000 by financial

24                              institution.

25  782.051(3)         2nd      Attempted felony murder of a

26                              person by a person other than the

27                              perpetrator or the perpetrator of

28                              an attempted felony.

29  782.07(1)          2nd      Killing of a human being by the

30                              act, procurement, or culpable

31                              negligence of another

                                  5

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1                              (manslaughter).

  2  782.071            2nd      Killing of human being or viable

  3                              fetus by the operation of a motor

  4                              vehicle in a reckless manner

  5                              (vehicular homicide).

  6  782.072            2nd      Killing of a human being by the

  7                              operation of a vessel in a

  8                              reckless manner (vessel

  9                              homicide).

10  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

11                              causing great bodily harm or

12                              disfigurement.

13  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

14                              weapon.

15  784.045(1)(b)      2nd      Aggravated battery; perpetrator

16                              aware victim pregnant.

17  784.048(4)         3rd      Aggravated stalking; violation of

18                              injunction or court order.

19  784.07(2)(d)       1st      Aggravated battery on law

20                              enforcement officer.

21  784.074(1)(a)      1st      Aggravated battery on sexually

22                              violent predators facility staff.

23  784.08(2)(a)       1st      Aggravated battery on a person 65

24                              years of age or older.

25  784.081(1)         1st      Aggravated battery on specified

26                              official or employee.

27  784.082(1)         1st      Aggravated battery by detained

28                              person on visitor or other

29                              detainee.

30  784.083(1)         1st      Aggravated battery on code

31                              inspector.

                                  6

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  790.07(4)          1st      Specified weapons violation

  2                              subsequent to previous conviction

  3                              of s. 790.07(1) or (2).

  4  790.16(1)          1st      Discharge of a machine gun under

  5                              specified circumstances.

  6  790.166(3)         2nd      Possessing, selling, using, or

  7                              attempting to use a hoax weapon

  8                              of mass destruction.

  9  796.03             2nd      Procuring any person under 16

10                              years for prostitution.

11  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

12                              victim less than 12 years of age;

13                              offender less than 18 years.

14  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

15                              victim 12 years of age or older

16                              but less than 16 years; offender

17                              18 years or older.

18  806.01(2)          2nd      Maliciously damage structure by

19                              fire or explosive.

20  810.02(3)(a)       2nd      Burglary of occupied dwelling;

21                              unarmed; no assault or battery.

22  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

23                              unarmed; no assault or battery.

24  810.02(3)(d)       2nd      Burglary of occupied conveyance;

25                              unarmed; no assault or battery.

26  812.014(2)(a)      1st      Property stolen, valued at

27                              $100,000 or more; cargo stolen

28                              valued at $50,000, or more;

29                              property stolen while causing

30                              other property damage; 1st degree

31                              grand theft.

                                  7

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  812.014(2)(b)2.    2nd      Property stolen, emergency

  2                              medical equipment; 2nd degree

  3                              grand theft.

  4  812.019(2)         1st      Stolen property; initiates,

  5                              organizes, plans, etc., the theft

  6                              of property and traffics in

  7                              stolen property.

  8  812.131(2)(a)      2nd      Robbery by sudden snatching.

  9  812.133(2)(b)      1st      Carjacking; no firearm, deadly

10                              weapon, or other weapon.

11  817.234(11)(c)     1st      Insurance fraud; property value

12                              $100,000 or more.

13  825.102(3)(b)      2nd      Neglecting an elderly person or

14                              disabled adult causing great

15                              bodily harm, disability, or

16                              disfigurement.

17  825.1025(2)        2nd      Lewd or lascivious battery upon

18                              an elderly person or disabled

19                              adult.

20  825.103(2)(b)      2nd      Exploiting an elderly person or

21                              disabled adult and property is

22                              valued at $20,000 or more, but

23                              less than $100,000.

24  827.03(3)(b)       2nd      Neglect of a child causing great

25                              bodily harm, disability, or

26                              disfigurement.

27  827.04(3)          3rd      Impregnation of a child under 16

28                              years of age by person 21 years

29                              of age or older.

30  837.05(2)          3rd      Giving false information about

31                              alleged capital felony to a law

                                  8

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1                              enforcement officer.

  2  872.06             2nd      Abuse of a dead human body.

  3  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

  4                              cocaine (or other drug prohibited

  5                              under s. 893.03(1)(a), (1)(b),

  6                              (1)(d), (2)(a), (2)(b), or

  7                              (2)(c)4.) within 1,000 feet of a

  8                              child care facility or school.

  9  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

10                              cocaine or other drug prohibited

11                              under s. 893.03(1)(a), (1)(b),

12                              (1)(d), (2)(a), (2)(b), or

13                              (2)(c)4., within 1,000 feet of

14                              property used for religious

15                              services or a specified business

16                              site.

17  893.13(4)(a)       1st      Deliver to minor cocaine (or

18                              other s. 893.03(1)(a), (1)(b),

19                              (1)(d), (2)(a), (2)(b), or

20                              (2)(c)4. drugs).

21  893.135(1)(a)1.    1st      Trafficking in cannabis, more

22                              than 25 lbs., less than 2,000

23                              lbs.

24  893.135

25   (1)(b)1.a.        1st      Trafficking in cocaine, more than

26                              28 grams, less than 200 grams.

27  893.135

28   (1)(c)1.a.        1st      Trafficking in illegal drugs,

29                              more than 4 grams, less than 14

30                              grams.

31

                                  9

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11  893.135

12   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

13                              grams or more, less than 14

14                              grams.

15  893.135

16   (1)(h)1.a.        1st      Trafficking in

17                              gamma-hydroxybutyric acid (GHB),

18                              1 kilogram or more, less than 5

19                              kilograms.

20  893.135

21   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

22                              kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

26                              10 grams or more, less than 200

27                              grams.

28  896.101(5)(a)      3rd      Money laundering, financial

29                              transactions exceeding $300 but

30                              less than $20,000.

31

                                  10

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  896.104(4)(a)1.    3rd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions exceeding $300 but

  5                              less than $20,000.

  6                              (h)  LEVEL 8

  7  316.193

  8   (3)(c)3.a.        2nd      DUI manslaughter.

  9  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

10  560.123(8)(b)2.    2nd      Failure to report currency or

11                              payment instruments totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by money transmitter.

14  560.125(5)(b)      2nd      Money transmitter business by

15                              unauthorized person, currency or

16                              payment instruments totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  655.50(10)(b)2.    2nd      Failure to report financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000 by financial

23                              institutions.

24  777.03(2)(a)       1st      Accessory after the fact, capital

25                              felony.

26  782.04(4)          2nd      Killing of human without design

27                              when engaged in act or attempt of

28                              any felony other than arson,

29                              sexual battery, robbery,

30                              burglary, kidnapping, aircraft

31                              piracy, or unlawfully discharging

                                  11

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1                              bomb.

  2  782.051(2)         1st      Attempted felony murder while

  3                              perpetrating or attempting to

  4                              perpetrate a felony not

  5                              enumerated in s. 782.04(3).

  6  782.071(1)(b)      1st      Committing vehicular homicide and

  7                              failing to render aid or give

  8                              information.

  9  782.072(2)         1st      Committing vessel homicide and

10                              failing to render aid or give

11                              information.

12  790.161(3)         1st      Discharging a destructive device

13                              which results in bodily harm or

14                              property damage.

15  794.011(5)         2nd      Sexual battery, victim 12 years

16                              or over, offender does not use

17                              physical force likely to cause

18                              serious injury.

19  800.04(4)          2nd      Lewd or lascivious battery.

20  806.01(1)          1st      Maliciously damage dwelling or

21                              structure by fire or explosive,

22                              believing person in structure.

23  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

24  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

25                              or dangerous weapon.

26  810.02(2)(c)       1st      Burglary of a dwelling or

27                              structure causing structural

28                              damage or $1,000 or more property

29                              damage.

30  812.13(2)(b)       1st      Robbery with a weapon.

31  812.135(2)         1st      Home-invasion robbery.

                                  12

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  825.102(2)         2nd      Aggravated abuse of an elderly

  2                              person or disabled adult.

  3  825.1025(2)        2nd      Lewd or lascivious battery upon

  4                              an elderly person or disabled

  5                              adult.

  6  825.103(2)(a)      1st      Exploiting an elderly person or

  7                              disabled adult and property is

  8                              valued at $100,000 or more.

  9  837.02(2)          2nd      Perjury in official proceedings

10                              relating to prosecution of a

11                              capital felony.

12  837.021(2)         2nd      Making contradictory statements

13                              in official proceedings relating

14                              to prosecution of a capital

15                              felony.

16  860.121(2)(c)      1st      Shooting at or throwing any

17                              object in path of railroad

18                              vehicle resulting in great bodily

19                              harm.

20  860.16             1st      Aircraft piracy.

21  893.13(1)(b)       1st      Sell or deliver in excess of 10

22                              grams of any substance specified

23                              in s. 893.03(1)(a) or (b).

24  893.13(2)(b)       1st      Purchase in excess of 10 grams of

25                              any substance specified in s.

26                              893.03(1)(a) or (b).

27  893.13(6)(c)       1st      Possess in excess of 10 grams of

28                              any substance specified in s.

29                              893.03(1)(a) or (b).

30  893.135(1)(a)2.    1st      Trafficking in cannabis, more

31                              than 2,000 lbs., less than 10,000

                                  13

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1                              lbs.

  2  893.135

  3   (1)(b)1.b.        1st      Trafficking in cocaine, more than

  4                              200 grams, less than 400 grams.

  5  893.135

  6   (1)(c)1.b.        1st      Trafficking in illegal drugs,

  7                              more than 14 grams, less than 28

  8                              grams.

  9  893.135

10   (1)(d)1.b.        1st      Trafficking in phencyclidine,

11                              more than 200 grams, less than

12                              400 grams.

13  893.135

14   (1)(e)1.b.        1st      Trafficking in methaqualone, more

15                              than 5 kilograms, less than 25

16                              kilograms.

17  893.135

18   (1)(f)1.b.        1st      Trafficking in amphetamine, more

19                              than 28 grams, less than 200

20                              grams.

21  893.135

22   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

23                              grams or more, less than 28

24                              grams.

25  893.135

26   (1)(h)1.b.        1st      Trafficking in

27                              gamma-hydroxybutyric acid (GHB),

28                              5 kilograms or more, less than 10

29                              kilograms.

30  893.135

31   (1)(i)1.b.        1st      Trafficking in 1,4-Butanediol, 5

                                  14

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1                              kilograms or more, less than 10

  2                              kilograms.

  3  893.135

  4   (1)(j)2.b.        1st      Trafficking in Phenethylamines,

  5                              200 grams or more, less than 400

  6                              grams.

  7  895.03(1)          1st      Use or invest proceeds derived

  8                              from pattern of racketeering

  9                              activity.

10  895.03(2)          1st      Acquire or maintain through

11                              racketeering activity any

12                              interest in or control of any

13                              enterprise or real property.

14  895.03(3)          1st      Conduct or participate in any

15                              enterprise through pattern of

16                              racketeering activity.

17  896.101(5)(b)      2nd      Money laundering, financial

18                              transactions totaling or

19                              exceeding $20,000, but less than

20                              $100,000.

21  896.104(4)(a)2.    2nd      Structuring transactions to evade

22                              reporting or registration

23                              requirements, financial

24                              transactions totaling or

25                              exceeding $20,000 but less than

26                              $100,000.

27         Section 3.  This act shall take effect July 1, 2002.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                  15

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 163, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         On page 1, line 2,

  2  remove:  entire title

  3

  4  and insert:

  5         An act relating to sexual offenses; amending s.

  6         825.1025, F.S.; providing for the crime of lewd

  7         or lascivious offenses committed upon or in the

  8         presence of an elderly person or disabled

  9         person; providing penalties; amending s.

10         921.0022, F.S., relating to the offense

11         severity ranking chart of the criminal

12         punishment code; revising punishment for lewd

13         or lascivious battery upon an elderly person or

14         disabled adult; providing an effective date.

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    File original & 9 copies    03/13/02
    hcp0006                     09:35 am         00163-0071-054371