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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5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Paul offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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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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