Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1238
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2024 .
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The Committee on Criminal Justice (Martin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 800.045, Florida Statutes, is created to
6 read:
7 800.045 Lewd or lascivious grooming.—
8 (1) As used in this section, the term:
9 (a) “Inappropriate communication or conduct” means any
10 verbal, written, or electronic communication or any conduct in
11 which a person describes, depicts, or demonstrates sexual
12 conduct or sexual excitement.
13 (b) “Sexual activity” has the same meaning as in s.
14 800.04(1).
15 (c) “Sexual conduct” and the term “sexual excitement” have
16 the same meanings as in s. 847.001.
17 (d) “Sexual performance” has the same meaning as in s.
18 827.071(1).
19 (2) A person 18 years of age or older who engages in a
20 pattern of inappropriate communication or conduct directed
21 toward a person less than 16 years of age for the purpose of
22 preparing, encouraging, or enticing such person to engage in any
23 unlawful sexual activity, sexual conduct, or sexual performance
24 commits lewd or lascivious grooming, a felony of the third
25 degree, punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 Section 2. Paragraph (c) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity ranking
30 chart.—
31 (3) OFFENSE SEVERITY RANKING CHART
32 (c) LEVEL 3
33
34
35 FloridaStatute FelonyDegree Description
36 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
37 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
38 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
39 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
40 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
41 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
42 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
43 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
44 327.35(2)(b) 3rd Felony BUI.
45 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
46 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
47 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
48 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
49 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
50 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
51 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
52 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
53 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
54 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
55 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
56 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
57 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
58 697.08 3rd Equity skimming.
59 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
60 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
61 800.045(2) 3rd Lewd or lascivious grooming.
62 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
63 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
64 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
65 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
66 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
67 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
68 812.081(2) 3rd Theft of a trade secret.
69 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
70 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
71 817.233 3rd Burning to defraud insurer.
72 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
73 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
74 817.236 3rd Filing a false motor vehicle insurance application.
75 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
76 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
77 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
78 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
79 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
80 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
81 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
82 860.15(3) 3rd Overcharging for repairs and parts.
83 870.01(2) 3rd Riot.
84 870.01(4) 3rd Inciting a riot.
85 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
86 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
87 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
88 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
89 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
90 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
91 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
92 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
93 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
94 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
95 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
96 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
97 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
98 918.13(1) 3rd Tampering with or fabricating physical evidence.
99 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
100 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
101 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
102
103
104
105 ================= T I T L E A M E N D M E N T ================
106 And the title is amended as follows:
107 Delete everything before the enacting clause
108 and insert:
109 A bill to be entitled
110 An act relating to lewd or lascivious grooming;
111 creating s. 800.045, F.S.; providing definitions;
112 creating the offense of lewd or lascivious grooming;
113 providing criminal penalties; amending s. 921.0022,
114 F.S.; ranking the offense on the offense severity
115 ranking chart of the Criminal Punishment Code;
116 providing an effective date.