Florida Senate - 2014                                     SB 698
       By Senator Stargel
       15-01101-14                                            2014698__
    1                        A bill to be entitled                      
    2         An act relating to sexual misconduct with students by
    3         authority figures; providing a short title; creating
    4         s. 775.0862, F.S.; providing definitions; providing
    5         for reclassification of specified sexual offenses
    6         committed against a student by an authority figure;
    7         providing for severity ranking of offenses; amending
    8         s. 921.0022, F.S.; providing for application of the
    9         severity ranking chart of the Criminal Punishment
   10         Code; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. This act may be cited as the “Sexual Misconduct
   15  with Students by Authority Figures Act.”
   16         Section 2. Section 775.0862, Florida Statutes, is created
   17  to read:
   18         775.0862 Sexual battery offenses against students by
   19  authority figures; reclassification.—
   20         (1) For purposes of this section, the term:
   21         (a) “Authority figure” means a school officer, a teacher or
   22  other instructional person, an administrator or other school
   23  administrative person, a school volunteer, an educational
   24  support employee, or an education service provider who is
   25  employed by, under contract with, working at, or providing
   26  volunteer services to an educational institution.
   27         (b) “Educational institution” means an entity providing
   28  instructional programs of study by means of regular classes,
   29  activities, or courses, including virtual courses, to students
   30  in early learning programs or in prekindergarten through grade
   31  12.
   32         (c) “Student” means a child who is enrolled in early
   33  learning or prekindergarten through grade 12.
   34         (2) The felony degree of a violation of:
   35         (a) An offense listed in s. 775.21(4)(a)1.; or
   36         (b) An offense listed in s. 943.0435(1)(a)1.a.
   38  shall be, unless the offense falls within s. 794.011(4)(g),
   39  reclassified as provided in this section if the offense is
   40  committed by an authority figure of an educational institution
   41  against a student of the educational institution.
   42         (3)(a) In the case of a felony of the third degree, the
   43  offense is reclassified to a felony of the second degree.
   44         (b) In the case of a felony of the second degree, the
   45  offense is reclassified to a felony of the first degree.
   46         (c) In the case of a felony of the first degree, the
   47  offense is reclassified to a life felony.
   49  For purposes of sentencing under chapter 921 and determining
   50  incentive gain-time eligibility under chapter 944, a felony
   51  offense that is reclassified under this subsection is ranked one
   52  level above the ranking under s. 921.0022 or s. 921.0023 of the
   53  offense committed.
   54         Section 3. Subsection (2) of section 921.0022, Florida
   55  Statutes, is amended to read:
   56         921.0022 Criminal Punishment Code; offense severity ranking
   57  chart.—
   58         (2) The offense severity ranking chart has 10 offense
   59  levels, ranked from least severe, which are level 1 offenses, to
   60  most severe, which are level 10 offenses, and each felony
   61  offense is assigned to a level according to the severity of the
   62  offense. For purposes of determining which felony offenses are
   63  specifically listed in the offense severity ranking chart and
   64  which severity level has been assigned to each of these
   65  offenses, the numerical statutory references in the left column
   66  of the chart and the felony degree designations in the middle
   67  column of the chart are controlling; the language in the right
   68  column of the chart is provided solely for descriptive purposes.
   69  Reclassification of the degree of the felony through the
   70  application of s. 775.0845, s. 775.0861, s. 775.0862, s.
   71  775.087, s. 775.0875, s. 794.023, or any other law that provides
   72  an enhanced penalty for a felony offense, to any offense listed
   73  in the offense severity ranking chart in this section shall not
   74  cause the offense to become unlisted and is not subject to the
   75  provisions of s. 921.0023.
   76         Section 4. This act shall take effect October 1, 2014.