HB 819

1
A bill to be entitled
2An act relating to sexual misconduct with students by
3authority figures; creating s. 775.0862, F.S.; providing
4definitions; providing for reclassification of specified
5sexual offenses committed against students by authority
6figures; providing for severity ranking of offenses;
7amending s. 921.0022, F.S.; providing for application of
8the severity ranking chart of the Criminal Punishment
9Code; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 775.0862, Florida Statutes, is created
14to read:
15     775.0862  Sexual battery offenses against students by
16authority figures; reclassification.-
17     (1)  For purposes of this section, the term:
18     (a)  "Authority figure" means a school officer, a teacher
19or other instructional person, an administrator or other school
20administrative person, a school volunteer, an educational
21support employee, or an education service provider who is
22employed by, under contract with, working at, or providing
23volunteer services to an educational institution.
24     (b)  "Educational institution" means an entity providing
25instructional programs of study by means of regular classes,
26activities, or courses, including virtual courses, to students
27in early learning programs or in prekindergarten through grade
2812.
29     (c)  "Student" means any early learning or prekindergarten
30through grade 12 child who is enrolled in an educational
31institution.
32     (2)  The felony degree of any violation of:
33     (a)  Any offense listed in s. 775.21(4)(a)1.; or
34     (b)  Any offense listed in s. 943.0435(1)(a)1.a.
35
36shall be, unless the offense falls within s. 794.011(4)(g),
37reclassified as provided in this section if the offense is
38committed by an authority figure of any educational institution
39against a student of any educational institution.
40     (3)(a)  In the case of a felony of the third degree, the
41offense is reclassified to a felony of the second degree.
42     (b)  In the case of a felony of the second degree, the
43offense is reclassified to a felony of the first degree.
44     (c)  In the case of a felony of the first degree, the
45offense is reclassified to a life felony.
46
47For purposes of sentencing under chapter 921 and determining
48incentive gain-time eligibility under chapter 944, a felony
49offense that is reclassified under this subsection is ranked one
50level above the ranking under s. 921.0022 or s. 921.0023 of the
51offense committed.
52     Section 2.  Subsection (2) of section 921.0022, Florida
53Statutes, is amended to read:
54     921.0022  Criminal Punishment Code; offense severity
55ranking chart.-
56     (2)  The offense severity ranking chart has 10 offense
57levels, ranked from least severe, which are level 1 offenses, to
58most severe, which are level 10 offenses, and each felony
59offense is assigned to a level according to the severity of the
60offense. For purposes of determining which felony offenses are
61specifically listed in the offense severity ranking chart and
62which severity level has been assigned to each of these
63offenses, the numerical statutory references in the left column
64of the chart and the felony degree designations in the middle
65column of the chart are controlling; the language in the right
66column of the chart is provided solely for descriptive purposes.
67Reclassification of the degree of the felony through the
68application of s. 775.0845, s. 775.0861, s. 775.0862, s.
69775.087, s. 775.0875, s. 794.023, or any other law that provides
70an enhanced penalty for a felony offense, to any offense listed
71in the offense severity ranking chart in this section shall not
72cause the offense to become unlisted and is not subject to the
73provisions of s. 921.0023.
74     Section 3.  This act shall take effect October 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.