Florida Senate - 2010                                     SB 238
       
       
       
       By Senator Fasano
       
       
       
       
       11-00390-10                                            2010238__
    1                        A bill to be entitled                      
    2         An act relating to the offense of procuring a person
    3         for prostitution; amending s. 796.03, F.S.; providing
    4         that a person who is 18 years of age or older commits
    5         a felony of the first degree if the victim of such
    6         offense is 16 years of age or younger and is 5 or more
    7         years younger than the person committing the
    8         violation; providing criminal penalties; amending s.
    9         921.0022, F.S.; conforming a cross-reference;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 796.03, Florida Statutes, is amended to
   15  read:
   16         796.03 Procuring person under age of 18 for prostitution.—
   17         (1)Except as provided in subsection (2), a person who
   18  procures for prostitution, or causes to be prostituted, any
   19  person who is under the age of 18 years commits a felony of the
   20  second degree, punishable as provided in s. 775.082, s. 775.083,
   21  or s. 775.084.
   22         (2) A person 18 years of age or older who procures for
   23  prostitution, or causes to be prostituted, any person who is 16
   24  years of age or younger and who is 5 or more years younger than
   25  the person committing the violation commits a felony of the
   26  first degree, punishable as provided in s. 775.082, s. 775.083,
   27  or s. 775.084.
   28         Section 2. Paragraph (g) of subsection (3) of section
   29  921.0022, Florida Statutes, is amended to read:
   30         921.0022 Criminal Punishment Code; offense severity ranking
   31  chart.—
   32         (3) OFFENSE SEVERITY RANKING CHART
   33         (g) LEVEL 7
   34  FloridaStatute     FelonyDegree               Description               
   35  316.027(1)(b)      1st      Accident involving death, failure to stop; leaving scene.
   36  316.193(3)(c)2.    3rd      DUI resulting in serious bodily injury.  
   37  316.1935(3)(b)     1st      Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
   38  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious bodily injury.
   39  402.319(2)         2nd      Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
   40  409.920(2)(b)1.a.  3rd      Medicaid provider fraud; $10,000 or less.
   41  409.920(2)(b)1.b.  2nd      Medicaid provider fraud; more than $10,000, but less than $50,000.
   42  456.065(2)         3rd      Practicing a health care profession without a license.
   43  456.065(2)         2nd      Practicing a health care profession without a license which results in serious bodily injury.
   44  458.327(1)         3rd      Practicing medicine without a license.   
   45  459.013(1)         3rd      Practicing osteopathic medicine without a license.
   46  460.411(1)         3rd      Practicing chiropractic medicine without a license.
   47  461.012(1)         3rd      Practicing podiatric medicine without a license.
   48  462.17             3rd      Practicing naturopathy without a license.
   49  463.015(1)         3rd      Practicing optometry without a license.  
   50  464.016(1)         3rd      Practicing nursing without a license.    
   51  465.015(2)         3rd      Practicing pharmacy without a license.   
   52  466.026(1)         3rd      Practicing dentistry or dental hygiene without a license.
   53  467.201            3rd      Practicing midwifery without a license.  
   54  468.366            3rd      Delivering respiratory care services without a license.
   55  483.828(1)         3rd      Practicing as clinical laboratory personnel without a license.
   56  483.901(9)         3rd      Practicing medical physics without a license.
   57  484.013(1)(c)      3rd      Preparing or dispensing optical devices without a prescription.
   58  484.053            3rd      Dispensing hearing aids without a license.
   59  494.0018(2)        1st      Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
   60  560.123(8)(b)1.    3rd      Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
   61  560.125(5)(a)      3rd      Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
   62  655.50(10)(b)1.    3rd      Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
   63  775.21(10)(a)      3rd      Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
   64  775.21(10)(b)      3rd      Sexual predator working where children regularly congregate.
   65  775.21(10)(g)      3rd      Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
   66  782.051(3)         2nd      Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
   67  782.07(1)          2nd      Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
   68  782.071            2nd      Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
   69  782.072            2nd      Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
   70  784.045(1)(a)1.    2nd      Aggravated battery; intentionally causing great bodily harm or disfigurement.
   71  784.045(1)(a)2.    2nd      Aggravated battery; using deadly weapon. 
   72  784.045(1)(b)      2nd      Aggravated battery; perpetrator aware victim pregnant.
   73  784.048(4)         3rd      Aggravated stalking; violation of injunction or court order.
   74  784.048(7)         3rd      Aggravated stalking; violation of court order.
   75  784.07(2)(d)       1st      Aggravated battery on law enforcement officer.
   76  784.074(1)(a)      1st      Aggravated battery on sexually violent predators facility staff.
   77  784.08(2)(a)       1st      Aggravated battery on a person 65 years of age or older.
   78  784.081(1)         1st      Aggravated battery on specified official or employee.
   79  784.082(1)         1st      Aggravated battery by detained person on visitor or other detainee.
   80  784.083(1)         1st      Aggravated battery on code inspector.    
   81  790.07(4)          1st      Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
   82  790.16(1)          1st      Discharge of a machine gun under specified circumstances.
   83  790.165(2)         2nd      Manufacture, sell, possess, or deliver hoax bomb.
   84  790.165(3)         2nd      Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
   85  790.166(3)         2nd      Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
   86  790.166(4)         2nd      Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
   87  790.23             1st,PBL  Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
   88  794.08(4)          3rd      Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
   89  796.03(1)          2nd      Procuring any person under 18 16 years for prostitution.
   90  800.04(5)(c)1.     2nd      Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
   91  800.04(5)(c)2.     2nd      Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
   92  806.01(2)          2nd      Maliciously damage structure by fire or explosive.
   93  810.02(3)(a)       2nd      Burglary of occupied dwelling; unarmed; no assault or battery.
   94  810.02(3)(b)       2nd      Burglary of unoccupied dwelling; unarmed; no assault or battery.
   95  810.02(3)(d)       2nd      Burglary of occupied conveyance; unarmed; no assault or battery.
   96  810.02(3)(e)       2nd      Burglary of authorized emergency vehicle.
   97  812.014(2)(a)1.    1st      Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
   98  812.014(2)(b)2.    2nd      Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
   99  812.014(2)(b)3.    2nd      Property stolen, emergency medical equipment; 2nd degree grand theft.
  100  812.014(2)(b)4.    2nd      Property stolen, law enforcement equipment from authorized emergency vehicle.
  101  812.0145(2)(a)     1st      Theft from person 65 years of age or older; $50,000 or more.
  102  812.019(2)         1st      Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  103  812.131(2)(a)      2nd      Robbery by sudden snatching.             
  104  812.133(2)(b)      1st      Carjacking; no firearm, deadly weapon, or other weapon.
  105  817.234(8)(a)      2nd      Solicitation of motor vehicle accident victims with intent to defraud.
  106  817.234(9)         2nd      Organizing, planning, or participating in an intentional motor vehicle collision.
  107  817.234(11)(c)     1st      Insurance fraud; property value $100,000 or more.
  108  817.2341(2)(b) & (3)(b)1st      Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  109  825.102(3)(b)      2nd      Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  110  825.103(2)(b)      2nd      Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
  111  827.03(3)(b)       2nd      Neglect of a child causing great bodily harm, disability, or disfigurement.
  112  827.04(3)          3rd      Impregnation of a child under 16 years of age by person 21 years of age or older.
  113  837.05(2)          3rd      Giving false information about alleged capital felony to a law enforcement officer.
  114  838.015            2nd      Bribery.                                 
  115  838.016            2nd      Unlawful compensation or reward for official behavior.
  116  838.021(3)(a)      2nd      Unlawful harm to a public servant.       
  117  838.22             2nd      Bid tampering.                           
  118  847.0135(3)        3rd      Solicitation of a child, via a computer service, to commit an unlawful sex act.
  119  847.0135(4)        2nd      Traveling to meet a minor to commit an unlawful sex act.
  120  872.06             2nd      Abuse of a dead human body.              
  121  874.10             1st,PBL  Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  122  893.13(1)(c)1.     1st      Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  123  893.13(1)(e)1.     1st      Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  124  893.13(4)(a)       1st      Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  125  893.135(1)(a)1.    1st      Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  126  893.135(1)(b)1.a.  1st      Trafficking in cocaine, more than 28 grams, less than 200 grams.
  127  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  128  893.135(1)(d)1.    1st      Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  129  893.135(1)(e)1.    1st      Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  130  893.135(1)(f)1.    1st      Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  131  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  132  893.135(1)(h)1.a.  1st      Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  133  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  134  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  135  893.1351(2)        2nd      Possession of place for trafficking in or manufacturing of controlled substance.
  136  896.101(5)(a)      3rd      Money laundering, financial transactions exceeding $300 but less than $20,000.
  137  896.104(4)(a)1.    3rd      Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  138  943.0435(4)(c)     2nd      Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  139  943.0435(8)        2nd      Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  140  943.0435(9)(a)     3rd      Sexual offender; failure to comply with reporting requirements.
  141  943.0435(13)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  142  943.0435(14)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  143  944.607(9)         3rd      Sexual offender; failure to comply with reporting requirements.
  144  944.607(10)(a)     3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  145  944.607(12)        3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  146  944.607(13)        3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  147  985.4815(10)       3rd      Sexual offender; failure to submit to the taking of a digitized photograph.
  148  985.4815(12)       3rd      Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  149  985.4815(13)       3rd      Sexual offender; failure to report and reregister; failure to respond to address verification.
  150         Section 3. This act shall take effect July 1, 2010.