Florida Senate - 2014                              CS for SB 698
       By the Committee on Criminal Justice; and Senator Stargel
       591-03479-14                                           2014698c1
    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 offenses against students by authority
   19  figures; reclassification.—
   20         (1) For purposes of this section, the term:
   21         (a) “Authority figure” means a person over the age of 18
   22  employed by, volunteering at, or under contract with a school.
   23         (b) “School” has the same meaning as provided in s. 1003.01
   24  and includes a private school as defined in s. 1002.01, a
   25  voluntary prekindergarten education program as described in s.
   26  1002.53(3), early learning programs, a public school as
   27  described in s. 402.3025(1), the Florida School for the Deaf and
   28  the Blind, the Florida Virtual School as established under s.
   29  1002.37, and a K-8 Virtual School as established under s.
   30  1002.415, but does not include facilities dedicated exclusively
   31  to the education of adults.
   32         (c) “Student” means a person under the age of 18 who is
   33  enrolled at a school.
   34         (2) The felony degree of a violation of an offense listed
   35  in s. 943.0435(1)(a)1.a. shall be, unless the offense is a
   36  violation of s. 794.011(4)(g) or s. 810.145(8)(a)2.,
   37  reclassified as provided in this section if the offense is
   38  committed by an authority figure of a school against a student
   39  of the school.
   40         (3)(a) In the case of a felony of the third degree, the
   41  offense is reclassified to a felony of the second degree.
   42         (b) In the case of a felony of the second degree, the
   43  offense is reclassified to a felony of the first degree.
   44         (c) In the case of a felony of the first degree, the
   45  offense is reclassified to a life felony.
   47  For purposes of sentencing under chapter 921 and determining
   48  incentive gain-time eligibility under chapter 944, a felony
   49  offense that is reclassified under this subsection is ranked one
   50  level above the ranking under s. 921.0022 or s. 921.0023 of the
   51  offense committed.
   52         Section 3. Subsection (2) of section 921.0022, Florida
   53  Statutes, is amended to read:
   54         921.0022 Criminal Punishment Code; offense severity ranking
   55  chart.—
   56         (2) The offense severity ranking chart has 10 offense
   57  levels, ranked from least severe, which are level 1 offenses, to
   58  most severe, which are level 10 offenses, and each felony
   59  offense is assigned to a level according to the severity of the
   60  offense. For purposes of determining which felony offenses are
   61  specifically listed in the offense severity ranking chart and
   62  which severity level has been assigned to each of these
   63  offenses, the numerical statutory references in the left column
   64  of the chart and the felony degree designations in the middle
   65  column of the chart are controlling; the language in the right
   66  column of the chart is provided solely for descriptive purposes.
   67  Reclassification of the degree of the felony through the
   68  application of s. 775.0845, s. 775.0861, s. 775.0862, s.
   69  775.087, s. 775.0875, s. 794.023, or any other law that provides
   70  an enhanced penalty for a felony offense, to any offense listed
   71  in the offense severity ranking chart in this section shall not
   72  cause the offense to become unlisted and is not subject to the
   73  provisions of s. 921.0023.
   74         Section 4. This act shall take effect October 1, 2014.