Senate Bill sb0934e1

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    CS for SB 934                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to sexual offenses; amending s.

  3         825.1025, F.S.; providing for the crime of lewd

  4         or lascivious offenses committed upon or in the

  5         presence of an elderly person or disabled

  6         person; providing penalties; amending s.

  7         921.0022, F.S., relating to the offense

  8         severity ranking chart of the criminal

  9         punishment code; revising punishment for lewd

10         or lascivious battery upon an elderly person or

11         disabled adult; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 825.1025, Florida Statutes, is

16  amended to read:

17         825.1025  Lewd or lascivious offenses committed upon or

18  in the presence of an elderly person or disabled person

19  adult.--

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

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

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

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

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

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

26  person or disabled person adult" occurs when a person

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

28  person adult to engage in sadomasochistic abuse, sexual

29  bestiality, prostitution, or any other act involving sexual

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

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    CS for SB 934                                  First Engrossed



  1  the elderly person or disabled person adult either lacks the

  2  capacity to consent or fails to give consent.

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

  4  upon an elderly person or disabled person adult commits a

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

  6  775.082, s. 775.083, or s. 775.084.

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

  8  person or disabled person adult" occurs when a person

  9  intentionally touches in a lewd or lascivious manner the

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

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

12  when the person knows or reasonably should know that the

13  elderly person or disabled person adult either lacks the

14  capacity to consent or fails to give consent.

15         (b)  A person who commits lewd or lascivious

16  molestation of an elderly person or disabled person adult

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

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

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

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

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

22  person adult:

23         1.  Intentionally masturbates;

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

25  or lascivious manner; or

26         3.  Intentionally commits any other lewd or lascivious

27  act that does not involve actual physical or sexual contact

28  with the elderly person or disabled person adult, including

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

30  or the simulation of any act involving sexual activity,

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    CS for SB 934                                  First Engrossed



  1  when the person knows or reasonably should know that the

  2  elderly person or disabled person adult either lacks the

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

  4  act committed in his or her presence.

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

  6  exhibition in the presence of an elderly person or disabled

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

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

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

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

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

12         921.0022  Criminal Punishment Code; offense severity

13  ranking chart.--

14         (3)  OFFENSE SEVERITY RANKING CHART

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16  Florida           Felony

17  Statute           Degree             Description

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19

20                              (g)  LEVEL 7

21  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

22                              injury.

23  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

24                              bodily injury.

25  402.319(2)         2nd      Misrepresentation and negligence

26                              or intentional act resulting in

27                              great bodily harm, permanent

28                              disfiguration, permanent

29                              disability, or death.

30  409.920(2)         3rd      Medicaid provider fraud.

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    CS for SB 934                                  First Engrossed



  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.

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  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.

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    CS for SB 934                                  First Engrossed



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

  2                              act, procurement, or culpable

  3                              negligence of another

  4                              (manslaughter).

  5  782.071            2nd      Killing of human being or viable

  6                              fetus by the operation of a motor

  7                              vehicle in a reckless manner

  8                              (vehicular homicide).

  9  782.072            2nd      Killing of a human being by the

10                              operation of a vessel in a

11                              reckless manner (vessel

12                              homicide).

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

14                              causing great bodily harm or

15                              disfigurement.

16  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

17                              weapon.

18  784.045(1)(b)      2nd      Aggravated battery; perpetrator

19                              aware victim pregnant.

20  784.048(4)         3rd      Aggravated stalking; violation of

21                              injunction or court order.

22  784.07(2)(d)       1st      Aggravated battery on law

23                              enforcement officer.

24  784.074(1)(a)      1st      Aggravated battery on sexually

25                              violent predators facility staff.

26  784.08(2)(a)       1st      Aggravated battery on a person 65

27                              years of age or older.

28  784.081(1)         1st      Aggravated battery on specified

29                              official or employee.

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    CS for SB 934                                  First Engrossed



  1  784.082(1)         1st      Aggravated battery by detained

  2                              person on visitor or other

  3                              detainee.

  4  784.083(1)         1st      Aggravated battery on code

  5                              inspector.

  6  790.07(4)          1st      Specified weapons violation

  7                              subsequent to previous conviction

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

  9  790.16(1)          1st      Discharge of a machine gun under

10                              specified circumstances.

11  790.166(3)         2nd      Possessing, selling, using, or

12                              attempting to use a hoax weapon

13                              of mass destruction.

14  796.03             2nd      Procuring any person under 16

15                              years for prostitution.

16  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

17                              victim less than 12 years of age;

18                              offender less than 18 years.

19  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              18 years or older.

23  806.01(2)          2nd      Maliciously damage structure by

24                              fire or explosive.

25  810.02(3)(a)       2nd      Burglary of occupied dwelling;

26                              unarmed; no assault or battery.

27  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

28                              unarmed; no assault or battery.

29  810.02(3)(d)       2nd      Burglary of occupied conveyance;

30                              unarmed; no assault or battery.

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    CS for SB 934                                  First Engrossed



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

  2                              $100,000 or more; cargo stolen

  3                              valued at $50,000, or more;

  4                              property stolen while causing

  5                              other property damage; 1st degree

  6                              grand theft.

  7  812.014(2)(b)2.    2nd      Property stolen, emergency

  8                              medical equipment; 2nd degree

  9                              grand theft.

10  812.019(2)         1st      Stolen property; initiates,

11                              organizes, plans, etc., the theft

12                              of property and traffics in

13                              stolen property.

14  812.131(2)(a)      2nd      Robbery by sudden snatching.

15  812.133(2)(b)      1st      Carjacking; no firearm, deadly

16                              weapon, or other weapon.

17  817.234(11)(c)     1st      Insurance fraud; property value

18                              $100,000 or more.

19  825.102(3)(b)      2nd      Neglecting an elderly person or

20                              disabled adult causing great

21                              bodily harm, disability, or

22                              disfigurement.

23  825.1025(2)        2nd      Lewd or lascivious battery upon

24                              an elderly person or disabled

25                              adult.

26  825.103(2)(b)      2nd      Exploiting an elderly person or

27                              disabled adult and property is

28                              valued at $20,000 or more, but

29                              less than $100,000.

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    CS for SB 934                                  First Engrossed



  1  827.03(3)(b)       2nd      Neglect of a child causing great

  2                              bodily harm, disability, or

  3                              disfigurement.

  4  827.04(3)          3rd      Impregnation of a child under 16

  5                              years of age by person 21 years

  6                              of age or older.

  7  837.05(2)          3rd      Giving false information about

  8                              alleged capital felony to a law

  9                              enforcement officer.

10  872.06             2nd      Abuse of a dead human body.

11  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

12                              cocaine (or other drug prohibited

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

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

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

16                              child care facility or school.

17  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

18                              cocaine or other drug prohibited

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

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

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

22                              property used for religious

23                              services or a specified business

24                              site.

25  893.13(4)(a)       1st      Deliver to minor cocaine (or

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

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

28                              (2)(c)4. drugs).

29  893.135(1)(a)1.    1st      Trafficking in cannabis, more

30                              than 25 lbs., less than 2,000

31                              lbs.


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    CS for SB 934                                  First Engrossed



  1  893.135

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

  3                              28 grams, less than 200 grams.

  4  893.135

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

  6                              more than 4 grams, less than 14

  7                              grams.

  8  893.135

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

10                              more than 28 grams, less than 200

11                              grams.

12  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

13                              than 200 grams, less than 5

14                              kilograms.

15  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

16                              than 14 grams, less than 28

17                              grams.

18  893.135

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

20                              grams or more, less than 14

21                              grams.

22  893.135

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

24                              gamma-hydroxybutyric acid (GHB),

25                              1 kilogram or more, less than 5

26                              kilograms.

27  893.135

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

29                              kilogram or more, less than 5

30                              kilograms.

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    CS for SB 934                                  First Engrossed



  1  893.135

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

  3                              10 grams or more, less than 200

  4                              grams.

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

  6                              transactions exceeding $300 but

  7                              less than $20,000.

  8  896.104(4)(a)1.    3rd      Structuring transactions to evade

  9                              reporting or registration

10                              requirements, financial

11                              transactions exceeding $300 but

12                              less than $20,000.

13                              (h)  LEVEL 8

14  316.193

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

16  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

17  560.123(8)(b)2.    2nd      Failure to report currency or

18                              payment instruments totaling or

19                              exceeding $20,000, but less than

20                              $100,000 by money transmitter.

21  560.125(5)(b)      2nd      Money transmitter business by

22                              unauthorized person, currency or

23                              payment instruments totaling or

24                              exceeding $20,000, but less than

25                              $100,000.

26  655.50(10)(b)2.    2nd      Failure to report financial

27                              transactions totaling or

28                              exceeding $20,000, but less than

29                              $100,000 by financial

30                              institutions.

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    CS for SB 934                                  First Engrossed



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

  2                              felony.

  3  782.04(4)          2nd      Killing of human without design

  4                              when engaged in act or attempt of

  5                              any felony other than arson,

  6                              sexual battery, robbery,

  7                              burglary, kidnapping, aircraft

  8                              piracy, or unlawfully discharging

  9                              bomb.

10  782.051(2)         1st      Attempted felony murder while

11                              perpetrating or attempting to

12                              perpetrate a felony not

13                              enumerated in s. 782.04(3).

14  782.071(1)(b)      1st      Committing vehicular homicide and

15                              failing to render aid or give

16                              information.

17  782.072(2)         1st      Committing vessel homicide and

18                              failing to render aid or give

19                              information.

20  790.161(3)         1st      Discharging a destructive device

21                              which results in bodily harm or

22                              property damage.

23  794.011(5)         2nd      Sexual battery, victim 12 years

24                              or over, offender does not use

25                              physical force likely to cause

26                              serious injury.

27  800.04(4)          2nd      Lewd or lascivious battery.

28  806.01(1)          1st      Maliciously damage dwelling or

29                              structure by fire or explosive,

30                              believing person in structure.

31  810.02(2)(a)       1st,PBL  Burglary with assault or battery.


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    CS for SB 934                                  First Engrossed



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

  2                              or dangerous weapon.

  3  810.02(2)(c)       1st      Burglary of a dwelling or

  4                              structure causing structural

  5                              damage or $1,000 or more property

  6                              damage.

  7  812.13(2)(b)       1st      Robbery with a weapon.

  8  812.135(2)         1st      Home-invasion robbery.

  9  825.102(2)         2nd      Aggravated abuse of an elderly

10                              person or disabled adult.

11  825.1025(2)        2nd      Lewd or lascivious battery upon

12                              an elderly person or disabled

13                              adult.

14  825.103(2)(a)      1st      Exploiting an elderly person or

15                              disabled adult and property is

16                              valued at $100,000 or more.

17  837.02(2)          2nd      Perjury in official proceedings

18                              relating to prosecution of a

19                              capital felony.

20  837.021(2)         2nd      Making contradictory statements

21                              in official proceedings relating

22                              to prosecution of a capital

23                              felony.

24  860.121(2)(c)      1st      Shooting at or throwing any

25                              object in path of railroad

26                              vehicle resulting in great bodily

27                              harm.

28  860.16             1st      Aircraft piracy.

29  893.13(1)(b)       1st      Sell or deliver in excess of 10

30                              grams of any substance specified

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


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    CS for SB 934                                  First Engrossed



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

  2                              any substance specified in s.

  3                              893.03(1)(a) or (b).

  4  893.13(6)(c)       1st      Possess in excess of 10 grams of

  5                              any substance specified in s.

  6                              893.03(1)(a) or (b).

  7  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

  9                              lbs.

10  893.135

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

12                              200 grams, less than 400 grams.

13  893.135

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

15                              more than 14 grams, less than 28

16                              grams.

17  893.135

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

19                              more than 200 grams, less than

20                              400 grams.

21  893.135

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

23                              than 5 kilograms, less than 25

24                              kilograms.

25  893.135

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

27                              than 28 grams, less than 200

28                              grams.

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    CS for SB 934                                  First Engrossed



  1  893.135

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

  3                              grams or more, less than 28

  4                              grams.

  5  893.135

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

  7                              gamma-hydroxybutyric acid (GHB),

  8                              5 kilograms or more, less than 10

  9                              kilograms.

10  893.135

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

12                              kilograms or more, less than 10

13                              kilograms.

14  893.135

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

16                              200 grams or more, less than 400

17                              grams.

18  895.03(1)          1st      Use or invest proceeds derived

19                              from pattern of racketeering

20                              activity.

21  895.03(2)          1st      Acquire or maintain through

22                              racketeering activity any

23                              interest in or control of any

24                              enterprise or real property.

25  895.03(3)          1st      Conduct or participate in any

26                              enterprise through pattern of

27                              racketeering activity.

28  896.101(5)(b)      2nd      Money laundering, financial

29                              transactions totaling or

30                              exceeding $20,000, but less than

31                              $100,000.


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    CS for SB 934                                  First Engrossed



  1  896.104(4)(a)2.    2nd      Structuring transactions to evade

  2                              reporting or registration

  3                              requirements, financial

  4                              transactions totaling or

  5                              exceeding $20,000 but less than

  6                              $100,000.

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

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