Florida Senate - 2025 CS for SB 1136
By the Committee on Criminal Justice; and Senator Collins
591-02830-25 20251136c1
1 A bill to be entitled
2 An act relating to age as an element of a criminal
3 offense; creating s. 787.001, F.S.; providing that
4 ignorance of a victim’s age, misrepresentation of a
5 victim’s age, and a bona fide belief concerning a
6 victim’s age are not defenses to certain offenses in
7 which the victim’s age is an element of the offense;
8 providing an exception; amending s. 787.025, F.S.;
9 revising the age requirements for committing the
10 offenses relating to luring or enticing a child;
11 providing increased criminal penalties; revising an
12 affirmative defense; amending s. 921.0022, F.S.;
13 ranking offenses on the offense severity ranking chart
14 of the Criminal Punishment Code; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 787.001, Florida Statutes, is created to
20 read:
21 787.001 Victim’s age; ignorance and misrepresentation not
22 defenses.—When, in this chapter, the criminality of conduct
23 depends upon the victim being below a certain age, ignorance of
24 the victim’s age is not a defense. Misrepresentation of a
25 victim’s age by any person or a bona fide belief that a victim
26 is over a specified age is also not a defense. This section does
27 not apply to s. 787.30.
28 Section 2. Subsection (2) and paragraph (b) of subsection
29 (3) of section 787.025, Florida Statutes, are amended to read:
30 787.025 Luring or enticing a child.—
31 (2)(a) A person 18 years of age or older who intentionally
32 lures or entices, or attempts to lure or entice, a child under
33 the age of 16 12 into a structure, dwelling, or conveyance for
34 other than a lawful purpose commits a felony misdemeanor of the
35 third first degree, punishable as provided in s. 775.082, or s.
36 775.083, or s. 775.084.
37 (b) A person 18 years of age or older who, having been
38 previously convicted of a violation of paragraph (a),
39 intentionally lures or entices, or attempts to lure or entice, a
40 child under the age of 16 12 into a structure, dwelling, or
41 conveyance for other than a lawful purpose commits a felony of
42 the second third degree, punishable as provided in s. 775.082,
43 s. 775.083, or s. 775.084.
44 (c) A person 18 years of age or older who, having been
45 previously convicted of a violation of chapter 794, s. 800.04,
46 or s. 847.0135(5), or a violation of a similar law of another
47 jurisdiction, intentionally lures or entices, or attempts to
48 lure or entice, a child under the age of 16 12 into a structure,
49 dwelling, or conveyance for other than a lawful purpose commits
50 a felony of the second third degree, punishable as provided in
51 s. 775.082, s. 775.083, or s. 775.084.
52 (3) It is an affirmative defense to a prosecution under
53 this section that:
54 (b) The person lured or enticed, or attempted to lure or
55 entice, the child under the age of 16 12 into a structure,
56 dwelling, or conveyance for a lawful purpose.
57 Section 3. Paragraph (g) of subsection (3) of section
58 921.0022, Florida Statutes, is amended to read:
59 921.0022 Criminal Punishment Code; offense severity ranking
60 chart.—
61 (3) OFFENSE SEVERITY RANKING CHART
62 (g) LEVEL 7
63
64 FloridaStatute FelonyDegree Description
65 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
66 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
67 316.1935(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.
68 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
69 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
70 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
71 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
72 456.065(2) 3rd Practicing a health care profession without a license.
73 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
74 458.327(1) 3rd Practicing medicine without a license.
75 459.013(1) 3rd Practicing osteopathic medicine without a license.
76 460.411(1) 3rd Practicing chiropractic medicine without a license.
77 461.012(1) 3rd Practicing podiatric medicine without a license.
78 462.17 3rd Practicing naturopathy without a license.
79 463.015(1) 3rd Practicing optometry without a license.
80 464.016(1) 3rd Practicing nursing without a license.
81 465.015(2) 3rd Practicing pharmacy without a license.
82 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
83 467.201 3rd Practicing midwifery without a license.
84 468.366 3rd Delivering respiratory care services without a license.
85 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
86 483.901(7) 3rd Practicing medical physics without a license.
87 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
88 484.053 3rd Dispensing hearing aids without a license.
89 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
90 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
91 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
92 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
93 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
94 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
95 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
96 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
97 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
98 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
99 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
100 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
101 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
102 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
103 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
104 784.048(7) 3rd Aggravated stalking; violation of court order.
105 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
106 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
107 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
108 784.081(1) 1st Aggravated battery on specified official or employee.
109 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
110 784.083(1) 1st Aggravated battery on code inspector.
111 787.025(2)(a) 3rd Luring or enticing a child.
112 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.
113 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.
114 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
115 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
116 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
117 790.16(1) 1st Discharge of a machine gun under specified circumstances.
118 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
119 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
120 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
121 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
122 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
123 794.08(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.
124 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
125 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
126 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
127 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
128 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
129 806.01(2) 2nd Maliciously damage structure by fire or explosive.
130 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
131 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
132 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
133 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
134 812.014(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.
135 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
136 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
137 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
138 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
139 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
140 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
141 812.131(2)(a) 2nd Robbery by sudden snatching.
142 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
143 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
144 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
145 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
146 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
147 817.2341 (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.
148 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
149 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
150 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
151 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
152 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
153 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
154 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
155 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
156 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
157 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
158 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
159 838.015 2nd Bribery.
160 838.016 2nd Unlawful compensation or reward for official behavior.
161 838.021(3)(a) 2nd Unlawful harm to a public servant.
162 838.22 2nd Bid tampering.
163 843.0855(2) 3rd Impersonation of a public officer or employee.
164 843.0855(3) 3rd Unlawful simulation of legal process.
165 843.0855(4) 3rd Intimidation of a public officer or employee.
166 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
167 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
168 872.06 2nd Abuse of a dead human body.
169 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
170 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
171 893.13(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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
172 893.13(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)5., within 1,000 feet of property used for religious services or a specified business site.
173 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
174 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
175 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
176 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
177 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
178 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
179 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
180 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
181 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
182 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
183 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
184 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
185 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
186 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
187 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
188 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
189 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
190 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
191 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
192 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
193 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
194 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
195 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
196 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
197 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
198 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
199 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
200 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
201 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
202 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
203 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
204 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
205 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
206 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
207 Section 4. This act shall take effect October 1, 2025.