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.