Senate Bill 1768
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Florida Senate - 1999 SB 1768
By Senator Dyer
14-627A-99
1 A bill to be entitled
2 An act relating to criminal offenses; amending
3 s. 775.085, F.S.; providing enhanced penalties
4 for offenses committed against a child or an
5 older adult; deleting provisions that limit the
6 imposition of enhanced penalties for an offense
7 against an older adult to those offenses that
8 evidence prejudice based on the victim's
9 advanced age; amending s. 777.04, F.S.;
10 providing that it is a second-degree felony to
11 solicit a minor to commit an offense prohibited
12 by law; specifying elements of the offense;
13 providing for ranking the offense for purposes
14 of sentencing under the sentencing guidelines;
15 requiring that a sentence of imprisonment
16 imposed for the offense of soliciting a minor
17 be served consecutively to any other sentence
18 imposed for an offense committed during the
19 course of the same criminal transaction;
20 amending s. 921.0022, F.S., relating to the
21 offense severity ranking chart; providing for
22 ranking the offense of soliciting a minor to
23 commit an offense prohibited by law; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 775.085, Florida Statutes, 1998
29 Supplement, is amended to read:
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1 775.085 Offense committed against a child or older
2 adult; evidencing prejudice while committing offense; enhanced
3 penalties.--
4 (1)(a) The penalty for any felony or misdemeanor shall
5 be reclassified as provided in this subsection if the victim
6 of the felony or misdemeanor is a minor under 16 years of age
7 or a person 65 years of age or older or if the commission of
8 such felony or misdemeanor evidences prejudice based on the
9 race, color, ancestry, ethnicity, religion, sexual
10 orientation, national origin, or mental or physical
11 disability, or advanced age of the victim:
12 1. A misdemeanor of the second degree shall be
13 punishable as if it were a misdemeanor of the first degree.
14 2. A misdemeanor of the first degree shall be
15 punishable as if it were a felony of the third degree.
16 3. A felony of the third degree shall be punishable as
17 if it were a felony of the second degree.
18 4. A felony of the second degree shall be punishable
19 as if it were a felony of the first degree.
20 5. A felony of the first degree shall be punishable as
21 if it were a life felony.
22 (b) As used in paragraph (a), the term:
23 1. "mental or physical disability" means that the
24 victim suffers from a condition of physical or mental
25 incapacitation due to a developmental disability, organic
26 brain damage, or mental illness, and has one or more physical
27 or mental limitations that restrict the victim's ability to
28 perform the normal activities of daily living.
29 2. "Advanced age" means that the victim is older than
30 65 years of age.
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1 (2) A person or organization that establishes by clear
2 and convincing evidence that it has been coerced, intimidated,
3 or threatened in violation of this section has a civil cause
4 of action for treble damages, an injunction, or any other
5 appropriate relief in law or in equity. Upon prevailing in
6 such civil action, the plaintiff may recover reasonable
7 attorney's fees and costs.
8 (3) It is an essential element of a violation of this
9 section that the record reflect that the defendant perceived,
10 knew, or had reasonable grounds to know or perceive that the
11 victim was within the class or age group delineated in this
12 section.
13 Section 2. Subsections (2) and (4) of section 777.04,
14 Florida Statutes, as amended by section 17 of chapter 97-194,
15 Laws of Florida, are amended to read:
16 777.04 Attempts, solicitation, and conspiracy.--
17 (2)(a) A person who solicits another to commit an
18 offense prohibited by law and, in the course of such
19 solicitation, commands, encourages, hires, or requests another
20 person to engage in specific conduct that constitutes which
21 would constitute such offense or an attempt to commit such
22 offense, commits the offense of criminal solicitation, ranked
23 for purposes of sentencing as provided in subsection (4).
24 (b) Notwithstanding paragraph (a), it is a felony of
25 the second degree for a person to solicit a minor to commit an
26 offense prohibited by law and, in the course of such
27 solicitation, to command, encourage, hire, or request the
28 minor to engage in specific conduct that constitutes an
29 offense prohibited by law or an attempt to commit an offense
30 prohibited by law. For purposes of sentencing under chapter
31 921, the offense of solicitation of a minor shall be ranked at
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Florida Senate - 1999 SB 1768
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1 level 7 under the sentencing guidelines, unless the offense
2 solicited is ranked in level 8 or level 9, in which case the
3 offense shall be ranked at one level below the ranking of the
4 offense solicited. A sentence of imprisonment imposed for the
5 offense of solicitation of a minor shall be served
6 consecutively to any other sentence imposed for an offense
7 committed during the course of the same criminal transaction
8 or episode.
9 (4)(a) Except as otherwise provided in ss. 828.125(2),
10 849.25(4), 893.135(5), and 921.0022, the offense of criminal
11 attempt, criminal solicitation, or criminal conspiracy is
12 ranked, for purposes of sentencing under chapter 921 and
13 determining incentive gain-time eligibility under chapter 944,
14 one level below the ranking under s. 921.0022 or s. 921.0023
15 of the offense attempted, solicited, or conspired to. If the
16 criminal attempt, criminal solicitation, or criminal
17 conspiracy is of an offense ranked in level 1 or level 2 under
18 s. 921.0022 or s. 921.0023, such offense is a misdemeanor of
19 the first degree, punishable as provided in s. 775.082 or s.
20 775.083.
21 (b) If the offense attempted, solicited, or conspired
22 to is a capital felony, the offense of criminal attempt,
23 criminal solicitation, or criminal conspiracy is a felony of
24 the first degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 (c) Except as otherwise provided in s. 893.135(5), if
27 the offense attempted, solicited, or conspired to is a life
28 felony or a felony of the first degree, the offense of
29 criminal attempt, criminal solicitation, or criminal
30 conspiracy is a felony of the second degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 (d) Except as otherwise provided in s. 828.125(2) or
2 s. 849.25(4), if the offense attempted, solicited, or
3 conspired to is a:
4 1. Felony of the second degree;
5 2. Burglary that is a felony of the third degree; or
6 3. Felony of the third degree ranked in level 3, 4, 5,
7 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
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9 the offense of criminal attempt, criminal solicitation, or
10 criminal conspiracy is a felony of the third degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 (e) Except as otherwise provided in s. 849.25(4) or
14 paragraph (d), if the offense attempted, solicited, or
15 conspired to is a felony of the third degree, the offense of
16 criminal attempt, criminal solicitation, or criminal
17 conspiracy is a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 (f) If the offense attempted, solicited, or conspired
20 to is a misdemeanor of the first or second degree, the offense
21 of criminal attempt, criminal solicitation, or criminal
22 conspiracy is a misdemeanor of the second degree, punishable
23 as provided in s. 775.082 or s. 775.083.
24 Section 3. Paragraphs (g), (h), and (i) of subsection
25 (3) of section 921.0022, Florida Statutes, 1998 Supplement,
26 are amended to read:
27 921.0022 Criminal Punishment Code; offense severity
28 ranking chart.--
29 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
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5 (g) LEVEL 7
6 316.193(3)(c)2. 3rd DUI resulting in serious bodily
7 injury.
8 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
9 bodily injury.
10 409.920(2) 3rd Medicaid provider fraud.
11 494.0018(2) 1st Conviction of any violation of
12 ss. 494.001-494.0077 in which the
13 total money and property
14 unlawfully obtained exceeded
15 $50,000 and there were five or
16 more victims.
17 777.04(2)(b) 2nd Soliciting a minor to commit an
18 offense ranked at level 7 or
19 lower.
20 782.051(3) 2nd Attempted felony murder of a
21 person by a person other than the
22 perpetrator or the perpetrator of
23 an attempted felony.
24 782.07(1) 2nd Killing of a human being by the
25 act, procurement, or culpable
26 negligence of another
27 (manslaughter).
28 782.071 3rd Killing of human being or viable
29 fetus by the operation of a motor
30 vehicle in a reckless manner
31 (vehicular homicide).
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1 782.072 3rd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 784.083(1) 1st Aggravated battery on code
24 inspector.
25 790.07(4) 1st Specified weapons violation
26 subsequent to previous conviction
27 of s. 790.07(1) or (2).
28 790.16(1) 1st Discharge of a machine gun under
29 specified circumstances.
30 796.03 2nd Procuring any person under 16
31 years for prostitution.
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1 800.04 2nd Handle, fondle, or assault child
2 under 16 years in lewd,
3 lascivious, or indecent manner.
4 806.01(2) 2nd Maliciously damage structure by
5 fire or explosive.
6 810.02(3)(a) 2nd Burglary of occupied dwelling;
7 unarmed; no assault or battery.
8 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
9 unarmed; no assault or battery.
10 810.02(3)(d) 2nd Burglary of occupied conveyance;
11 unarmed; no assault or battery.
12 812.014(2)(a) 1st Property stolen, valued at
13 $100,000 or more; property stolen
14 while causing other property
15 damage; 1st degree grand theft.
16 812.019(2) 1st Stolen property; initiates,
17 organizes, plans, etc., the theft
18 of property and traffics in
19 stolen property.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 825.102(3)(b) 2nd Neglecting an elderly person or
23 disabled adult causing great
24 bodily harm, disability, or
25 disfigurement.
26 825.1025(2) 2nd Lewd or lascivious battery upon
27 an elderly person or disabled
28 adult.
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1 825.103(2)(b) 2nd Exploiting an elderly person or
2 disabled adult and property is
3 valued at $20,000 or more, but
4 less than $100,000.
5 827.03(3)(b) 2nd Neglect of a child causing great
6 bodily harm, disability, or
7 disfigurement.
8 827.04(4) 3rd Impregnation of a child under 16
9 years of age by person 21 years
10 of age or older.
11 837.05(2) 3rd Giving false information about
12 alleged capital felony to a law
13 enforcement officer.
14 872.06 2nd Abuse of a dead human body.
15 893.13(1)(c)1. 1st Sell, manufacture, or deliver
16 cocaine (or other drug prohibited
17 under s. 893.03(1)(a), (1)(b),
18 (1)(d), (2)(a), or (2)(b)) within
19 1,000 feet of a child care
20 facility or school.
21 893.13(1)(e) 1st Sell, manufacture, or deliver
22 cocaine or other drug prohibited
23 under s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), or (2)(b), within
25 1,000 feet of property used for
26 religious services or a specified
27 business site.
28 893.13(4)(a) 1st Deliver to minor cocaine (or
29 other s. 893.03(1)(a), (1)(b),
30 (1)(d), (2)(a), or (2)(b) drugs).
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1 893.135(1)(a)1. 1st Trafficking in cannabis, more
2 than 50 lbs., less than 2,000
3 lbs.
4 893.135
5 (1)(b)1.a. 1st Trafficking in cocaine, more than
6 28 grams, less than 200 grams.
7 893.135
8 (1)(c)1.a. 1st Trafficking in illegal drugs,
9 more than 4 grams, less than 14
10 grams.
11 893.135
12 (1)(d)1. 1st Trafficking in phencyclidine,
13 more than 28 grams, less than 200
14 grams.
15 893.135(1)(e)1. 1st Trafficking in methaqualone, more
16 than 200 grams, less than 5
17 kilograms.
18 893.135(1)(f)1. 1st Trafficking in amphetamine, more
19 than 14 grams, less than 28
20 grams.
21 893.135
22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
23 grams or more, less than 14
24 grams.
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
29 777.03(2)(a) 1st Accessory after the fact, capital
30 felony.
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1 777.04(2)(b) 2nd Soliciting a minor to commit an
2 offense ranked at level 9.
3 782.04(4) 2nd Killing of human without design
4 when engaged in act or attempt of
5 any felony other than arson,
6 sexual battery, robbery,
7 burglary, kidnapping, aircraft
8 piracy, or unlawfully discharging
9 bomb.
10 782.051(2) 1st Attempted felony murder while
11 perpetrating or attempting to
12 perpetrate a felony not
13 enumerated in s. 782.04(3).
14 782.071(2) 2nd Committing vehicular homicide and
15 failing to render aid or give
16 information.
17 782.072(2) 2nd Committing vessel homicide and
18 failing to render aid or give
19 information.
20 790.161(3) 1st Discharging a destructive device
21 which results in bodily harm or
22 property damage.
23 794.011(5) 2nd Sexual battery, victim 12 years
24 or over, offender does not use
25 physical force likely to cause
26 serious injury.
27 806.01(1) 1st Maliciously damage dwelling or
28 structure by fire or explosive,
29 believing person in structure.
30 810.02(2)(a) 1st,PBL Burglary with assault or battery.
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1 810.02(2)(b) 1st,PBL Burglary; armed with explosives
2 or dangerous weapon.
3 810.02(2)(c) 1st Burglary of a dwelling or
4 structure causing structural
5 damage or $1,000 or more property
6 damage.
7 812.13(2)(b) 1st Robbery with a weapon.
8 812.135(2) 1st Home-invasion robbery.
9 825.102(2) 2nd Aggravated abuse of an elderly
10 person or disabled adult.
11 825.103(2)(a) 1st Exploiting an elderly person or
12 disabled adult and property is
13 valued at $100,000 or more.
14 827.03(2) 2nd Aggravated child abuse.
15 837.02(2) 2nd Perjury in official proceedings
16 relating to prosecution of a
17 capital felony.
18 837.021(2) 2nd Making contradictory statements
19 in official proceedings relating
20 to prosecution of a capital
21 felony.
22 860.121(2)(c) 1st Shooting at or throwing any
23 object in path of railroad
24 vehicle resulting in great bodily
25 harm.
26 860.16 1st Aircraft piracy.
27 893.13(1)(b) 1st Sell or deliver in excess of 10
28 grams of any substance specified
29 in s. 893.03(1)(a) or (b).
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1 893.13(2)(b) 1st Purchase in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.13(6)(c) 1st Possess in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.135(1)(a)2. 1st Trafficking in cannabis, more
8 than 2,000 lbs., less than 10,000
9 lbs.
10 893.135
11 (1)(b)1.b. 1st Trafficking in cocaine, more than
12 200 grams, less than 400 grams.
13 893.135
14 (1)(c)1.b. 1st Trafficking in illegal drugs,
15 more than 14 grams, less than 28
16 grams.
17 893.135
18 (1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135
22 (1)(e)1.b. 1st Trafficking in methaqualone, more
23 than 5 kilograms, less than 25
24 kilograms.
25 893.135
26 (1)(f)1.b. 1st Trafficking in amphetamine, more
27 than 28 grams, less than 200
28 grams.
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1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 895.03(1) 1st Use or invest proceeds derived
6 from pattern of racketeering
7 activity.
8 895.03(2) 1st Acquire or maintain through
9 racketeering activity any
10 interest in or control of any
11 enterprise or real property.
12 895.03(3) 1st Conduct or participate in any
13 enterprise through pattern of
14 racketeering activity.
15 (i) LEVEL 9
16 316.193
17 (3)(c)3.b. 1st DUI manslaughter; failing to
18 render aid or give information.
19 777.04(2)(b) 2nd Soliciting a minor to commit an
20 offense ranked at level 10.
21 782.04(1) 1st Attempt, conspire, or solicit to
22 commit premeditated murder.
23 782.04(3) 1st,PBL Accomplice to murder in
24 connection with arson, sexual
25 battery, robbery, burglary, and
26 other specified felonies.
27 782.051(1) 1st Attempted felony murder while
28 perpetrating or attempting to
29 perpetrate a felony enumerated in
30 s. 782.04(3).
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1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 782.07(3) 1st Aggravated manslaughter of a
4 child.
5 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
6 reward or as a shield or hostage.
7 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
8 or facilitate commission of any
9 felony.
10 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
11 interfere with performance of any
12 governmental or political
13 function.
14 787.02(3)(a) 1st False imprisonment; child under
15 age 13; perpetrator also commits
16 child abuse, sexual battery,
17 lewd, or lascivious act, etc.
18 790.161 1st Attempted capital destructive
19 device offense.
20 794.011(2) 1st Attempted sexual battery; victim
21 less than 12 years of age.
22 794.011(2) Life Sexual battery; offender younger
23 than 18 years and commits sexual
24 battery on a person less than 12
25 years.
26 794.011(4) 1st Sexual battery; victim 12 years
27 or older, certain circumstances.
28 794.011(8)(b) 1st Sexual battery; engage in sexual
29 conduct with minor 12 to 18 years
30 by person in familial or
31 custodial authority.
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1 812.13(2)(a) 1st,PBL Robbery with firearm or other
2 deadly weapon.
3 812.133(2)(a) 1st,PBL Carjacking; firearm or other
4 deadly weapon.
5 847.0145(1) 1st Selling, or otherwise
6 transferring custody or control,
7 of a minor.
8 847.0145(2) 1st Purchasing, or otherwise
9 obtaining custody or control, of
10 a minor.
11 859.01 1st Poisoning food, drink, medicine,
12 or water with intent to kill or
13 injure another person.
14 893.135 1st Attempted capital trafficking
15 offense.
16 893.135(1)(a)3. 1st Trafficking in cannabis, more
17 than 10,000 lbs.
18 893.135
19 (1)(b)1.c. 1st Trafficking in cocaine, more than
20 400 grams, less than 150
21 kilograms.
22 893.135
23 (1)(c)1.c. 1st Trafficking in illegal drugs,
24 more than 28 grams, less than 30
25 kilograms.
26 893.135
27 (1)(d)1.c. 1st Trafficking in phencyclidine,
28 more than 400 grams.
29 893.135
30 (1)(e)1.c. 1st Trafficking in methaqualone, more
31 than 25 kilograms.
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1 893.135
2 (1)(f)1.c. 1st Trafficking in amphetamine, more
3 than 200 grams.
4 Section 4. This act shall take effect October 1, 1999.
5
6 *****************************************
7 SENATE SUMMARY
8 Requires that the penalty imposed for a felony or
misdemeanor be reclassified to a more severe penalty if
9 the victim of the offense is a child under 16 years of
age or an adult 65 years of age or older. Provides that
10 it is a second-degree felony for a person to solicit a
minor to commit an offense and, in the course of the
11 solicitation, to command, encourage, hire, or request the
minor to engage in conduct that is an offense prohibited
12 by law or is an attempt to commit an offense prohibited
by law. Provides that the offense of soliciting a minor
13 to commit an offense is ranked at level 7 in the
sentencing guidelines, except that, if the offense
14 solicited is ranked in level 9 or level 10, soliciting a
minor is ranked at one level below the ranking of the
15 offense solicited. Requires that a sentence of
imprisonment imposed for soliciting a minor to commit an
16 offense be served consecutively to any other sentence
imposed for an offense committed during the same criminal
17 episode.
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