Florida Senate - 2024                             CS for SB 1238
       
       
        
       By the Committee on Criminal Justice; and Senator Martin
       
       
       
       
       
       591-02653-24                                          20241238c1
    1                        A bill to be entitled                      
    2         An act relating to lewd or lascivious grooming;
    3         creating s. 800.045, F.S.; providing definitions;
    4         creating the offense of lewd or lascivious grooming;
    5         providing criminal penalties; amending s. 921.0022,
    6         F.S.; ranking the offense on the offense severity
    7         ranking chart of the Criminal Punishment Code;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 800.045, Florida Statutes, is created to
   13  read:
   14         800.045Lewd or lascivious grooming.—
   15         (1)As used in this section, the term:
   16         (a)“Inappropriate communication or conduct” means any
   17  verbal, written, or electronic communication or any conduct in
   18  which a person describes, depicts, or demonstrates sexual
   19  conduct or sexual excitement.
   20         (b)“Sexual activity” has the same meaning as in s.
   21  800.04(1).
   22         (c)“Sexual conduct” and the term “sexual excitement” have
   23  the same meanings as in s. 847.001.
   24         (d)“Sexual performance” has the same meaning as in s.
   25  827.071(1).
   26         (2)A person 18 years of age or older who engages in a
   27  pattern of inappropriate communication or conduct directed
   28  toward a person less than 16 years of age for the purpose of
   29  preparing, encouraging, or enticing such person to engage in any
   30  unlawful sexual activity, sexual conduct, or sexual performance
   31  commits lewd or lascivious grooming, a felony of the third
   32  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   33  775.084.
   34         Section 2. Paragraph (c) of subsection (3) of section
   35  921.0022, Florida Statutes, is amended to read:
   36         921.0022 Criminal Punishment Code; offense severity ranking
   37  chart.—
   38         (3) OFFENSE SEVERITY RANKING CHART
   39         (c) LEVEL 3
   40  
   41  FloridaStatute    FelonyDegree           Description            
   42  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   43  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   44  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   45  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   46  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   47  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   48  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   49  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   50  327.35(2)(b)         3rd   Felony BUI.                       
   51  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   52  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   53  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   54  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.
   55  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.
   56  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   57  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   58  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
   59  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
   60  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
   61  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
   62  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
   63  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
   64  697.08               3rd   Equity skimming.                  
   65  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
   66  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.
   67  800.045(2)           3rd   Lewd or lascivious grooming.      
   68  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
   69  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
   70  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
   71  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
   72  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
   73  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
   74  812.081(2)           3rd   Theft of a trade secret.          
   75  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
   76  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
   77  817.233              3rd   Burning to defraud insurer.       
   78  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
   79  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
   80  817.236              3rd   Filing a false motor vehicle insurance application.
   81  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
   82  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
   83  817.49(2)(b)1.       3rd   Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
   84  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
   85  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
   86  836.13(2)            3rd   Person who promotes an altered sexual depiction of an identifiable person without consent.
   87  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
   88  860.15(3)            3rd   Overcharging for repairs and parts.
   89  870.01(2)            3rd   Riot.                             
   90  870.01(4)            3rd   Inciting a riot.                  
   91  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).
   92  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.
   93  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.
   94  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
   95  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
   96  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
   97  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
   98  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
   99  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  100  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.
  101  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.
  102  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  103  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.
  104  918.13(1)            3rd   Tampering with or fabricating physical evidence.
  105  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  106  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  107  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  108         Section 3. This act shall take effect October 1, 2024.