Florida Senate - 2016                                     SB 214
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00281-16                                            2016214__
    1                        A bill to be entitled                      
    2         An act relating to offenses committed on real estate
    3         agents; creating s. 775.0863, F.S.; providing
    4         definitions; providing applicability; providing for
    5         reclassification of specified offenses committed on
    6         real estate brokers, broker associates, or sales
    7         associates; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 775.0863, Florida Statutes, is created
   12  to read:
   13         775.0863 Assault or battery on a real estate broker, broker
   14  associate, or sales associate; reclassification of offenses.—
   15         (1) For purposes of this section, the terms “broker,”
   16  “broker associate,” and “sales associate” shall have the same
   17  meanings as provided in s. 475.01. This section applies to a
   18  broker, broker associate, or sales associate while he or she is
   19  engaged in the act of showing or holding an open house of real
   20  property.
   21         (2) Whenever a person is charged with knowingly committing
   22  an assault, a battery, or a sexual battery in violation of s.
   23  794.011 on a broker, broker associate, or sales associate, the
   24  offense for which the person is charged shall be reclassified as
   25  follows:
   26         (a) A misdemeanor of the second degree shall be
   27  reclassified as a misdemeanor of the first degree.
   28         (b) A misdemeanor of the first degree shall be reclassified
   29  as a felony of the third degree.
   30         (c) A felony of the third degree shall be reclassified as a
   31  felony of the second degree.
   32         (d) A felony of the second degree shall be reclassified as
   33  a felony of the first degree.
   34         (e) A felony of the first degree shall be reclassified as a
   35  life felony.
   36  
   37  For purposes of sentencing under chapter 921 and determining
   38  incentive gain-time eligibility under chapter 944, a felony
   39  offense that is reclassified under this subsection is ranked one
   40  level above the ranking under s. 921.0022 or s. 921.0023 of the
   41  offense committed.
   42         Section 2. This act shall take effect October 1, 2016.