Florida Senate - 2009 CS for SB 1892 By the Committee on Criminal Justice; and Senator Crist 591-05192-09 20091892c1 1 A bill to be entitled 2 An act relating to sexual misconduct with students by 3 authority figures; creating s. 775.0862, F.S.; 4 providing definitions; providing for reclassification 5 of specified sexual offenses committed against 6 students by an authority figure; providing for 7 severity ranking of offenses; amending s. 921.0022, 8 F.S.; providing for application of the severity 9 ranking chart of the Criminal Punishment Code; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 775.0862, Florida Statutes, is created 15 to read: 16 775.0862 Sexual battery offenses against students by 17 authority figures; reclassification.— 18 (1) For purposes of this section, the term: 19 (a) “Authority figure” means a school officer, a teacher or 20 other instructional person, an administrator or other school 21 administrative person, a school volunteer, an educational 22 support employee, or an education service provider who is 23 employed by, under contract with, working at, or providing 24 volunteer services to an educational institution. 25 (b) “Educational institution” means an entity providing 26 instructional programs of study by means of regular classes, 27 activities, or courses, including virtual courses, to students 28 in early learning programs or in prekindergarten through grade 29 12. 30 (c) “Student” means any early learning or prekindergarten 31 through grade 12 child who is enrolled in an educational 32 institution. 33 (2) The felony degree of any violation of: 34 (a) Any offense listed in s. 775.21(4)(a)1.; or 35 (b) Any offense listed in s. 943.0435(1)(a)1.a. 36 37 shall be, unless the offense falls within s. 794.011(4)(g), 38 reclassified as provided in this section if the offense is 39 committed by an authority figure of any educational institution 40 against a student of any educational institution. 41 (3)(a) In the case of a felony of the third degree, the 42 offense is reclassified to a felony of the second degree. 43 (b) In the case of a felony of the second degree, the 44 offense is reclassified to a felony of the first degree. 45 (c) In the case of a felony of the first degree, the 46 offense is reclassified to a life felony. 47 48 For purposes of sentencing under chapter 921 and determining 49 incentive gain-time eligibility under chapter 944, a felony 50 offense that is reclassified under this subsection is ranked one 51 level above the ranking under s. 921.0022 or s. 921.0023 of the 52 offense committed. 53 Section 2. Subsection (2) of section 921.0022, Florida 54 Statutes, is amended to read: 55 921.0022 Criminal Punishment Code; offense severity ranking 56 chart.— 57 (2) The offense severity ranking chart has 10 offense 58 levels, ranked from least severe, which are level 1 offenses, to 59 most severe, which are level 10 offenses, and each felony 60 offense is assigned to a level according to the severity of the 61 offense. For purposes of determining which felony offenses are 62 specifically listed in the offense severity ranking chart and 63 which severity level has been assigned to each of these 64 offenses, the numerical statutory references in the left column 65 of the chart and the felony degree designations in the middle 66 column of the chart are controlling; the language in the right 67 column of the chart is provided solely for descriptive purposes. 68 Reclassification of the degree of the felony through the 69 application of s. 775.0845, s. 775.0861, s. 775.0862, s. 70 775.087, s. 775.0875, s. 794.023, or any other law that provides 71 an enhanced penalty for a felony offense, to any offense listed 72 in the offense severity ranking chart in this section shall not 73 cause the offense to become unlisted and is not subject to the 74 provisions of s. 921.0023. 75 Section 3. This act shall take effect October 1, 2009.