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.