Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 486
       
       
       
       
       
       
                                Ì216534&Î216534                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 794.053, Florida Statutes, is created to
    6  read:
    7         794.053 Lewd or lascivious written solicitation of certain
    8  minors.—
    9         (1) A person 24 years of age or older who solicits a person
   10  who is 16 or 17 years of age in writing to commit a lewd or
   11  lascivious act commits a felony of the third degree, punishable
   12  as provided in s. 775.082, s. 775.083, or s. 775.084.
   13         Section 2. Paragraph (c) of subsection (3) of section
   14  921.0022, Florida Statutes, is amended to read:
   15         921.0022 Criminal Punishment Code; offense severity ranking
   16  chart.—
   17         (3) OFFENSE SEVERITY RANKING CHART
   18         (c) LEVEL 3
   19  
   20  FloridaStatute           FelonyDegree         Description          
   21  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
   22  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
   23  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
   24  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   25  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
   26  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
   27  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
   28  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   29  327.35(2)(b)                 3rd     Felony BUI.                   
   30  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   31  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   32  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   33  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.
   34  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.
   35  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   36  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
   37  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
   38  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
   39  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
   40  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
   41  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
   42  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
   43  697.08                       3rd     Equity skimming.              
   44  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
   45  794.053                      3rd     Lewd or lascivious written solicitation of 16 or 17 year old.
   46  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
   47  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
   48  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
   49  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
   50  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
   51  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
   52  812.081(2)                   3rd     Theft of a trade secret.      
   53  815.04(4)(b)                 2nd     Computer offense devised to defraud or obtain property.
   54  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
   55  817.233                      3rd     Burning to defraud insurer.   
   56  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
   57  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
   58  817.236                      3rd     Filing a false motor vehicle insurance application.
   59  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
   60  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
   61  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
   62  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
   63  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
   64  836.13(2)                    3rd     Person who promotes an altered sexual depiction of an identifiable person without consent.
   65  
   66  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
   67  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
   68  860.15(3)                    3rd     Overcharging for repairs and parts.
   69  870.01(2)                    3rd     Riot.                         
   70  870.01(4)                    3rd     Inciting a riot.              
   71  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).
   72  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.
   73  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.
   74  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
   75  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
   76  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
   77  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
   78  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
   79  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
   80  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.
   81  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.
   82  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
   83  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.
   84  918.13(1)                    3rd     Tampering with or fabricating physical evidence.
   85  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
   86  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
   87  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
   88  
   89         Section 3. This act shall take effect October 1, 2023.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete everything before the enacting clause
   94  and insert:
   95                        A bill to be entitled                      
   96         An act relating to solicitation of minors to commit
   97         lewd or lascivious acts; creating s. 794.053, F.S.;
   98         prohibiting a person 24 years of age or older from
   99         soliciting a person 16 or 17 years of age in writing
  100         to commit a lewd or lascivious act; providing criminal
  101         penalties; amending s. 921.0022, F.S.; ranking an
  102         offense on the offense severity chart of the Criminal
  103         Punishment Code; providing an effective date.
  104