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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to indecent, lewd, or lascivious 2
touching; creating s. 784.0355, F.S.; defining conduct 3
prohibited as indecent battery; providing penalties; 4
creating s. 784.036, F.S.; authorizing battery and 5
indecent battery to be charged in a single charging 6
document; specifying the trier of fact may only return 7
a verdict as to a single charge; amending s. 794.05, 8
F.S.; defining conduct prohibited as lewd or 9
lascivious touching of certain minors; providing a 10
penalty; amending s. 921.0022, F.S.; ranking offenses 11
on the offense severity ranking chart of the Criminal 12
Punishment Code; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 784.0355, Florida Statutes, is created 17
to read: 18
784.0355 Indecent battery. — 19
(1) A person commits indecent battery if he or she: 20
(a) Actually and intentionally touches a person 16 years 21
of age or older: 22
1. Against his or her will; and 23
2. On the breasts, genitals, genital area, or buttocks, or 24
on the clothing covering them; or 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Forces a person 16 years of age or older to touch the 26
perpetrator on the breasts, genitals, genital area, or buttocks, 27
or on the clothing covering them. 28
(2)(a) Except as provided in paragraph (b), a person who 29
violates subsection (1) commits a misdemeanor of the first 30
degree, punishable as provided in s. 775.082 or s. 775.083. 31
(b) A person who has a prior conviction for indecent 32
battery and who commits a second or subsequent violation of 33
subsection (1) commits a felony of the third degree, punishable 34
as provided in s. 775.082, s. 775.083, or s. 775.084. 35
Section 2. Section 784.036, Florida Statutes, is created 36
to read: 37
784.036 Charging battery and indecent battery. —38
Notwithstanding any other provision of law, a single indictment 39
or information may, under proper circumstances, charge battery 40
and indecent battery in connection with one course of conduct in 41
separate counts that may be consolidated for trial, but the 42
trier of fact may return a guilty verdict on one or the other, 43
but not both, of the counts. 44
Section 3. Subsections (2), (3), and (4) of section 45
794.05, Florida Statutes, are renumbered as subsections (3), 46
(4), and (5), respectively, and a new subsection (2) is added to 47
that section to read: 48
794.05 Unlawful sexual activity with certain minors ; lewd 49
or lascivious touching of certain minors .— 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) A person 24 years of age or older who intentionally 51
touches in a lewd or lascivious manner the breasts, genitals, 52
genital area, or buttocks, or the clothing covering them, of a 53
person 16 or 17 years of age, or forces or entices a person 16 54
or 17 years of age to so touch the perpetrator, commits a felony 55
of the third degree, pu nishable as provided in s. 775.082, s. 56
775.083, or s. 775.084. 57
Section 4. Paragraphs (c) and (d) of subsection (3) of 58
section 921.0022, Florida Statutes, are amended to read: 59
921.0022 Criminal Punishment Code; offense severity 60
ranking chart.— 61
(3) OFFENSE SEVERITY RANKING CHART 62
(c) LEVEL 3 63
64
Florida
Statute
Felony
Degree Description
65
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
66
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
67
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
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68
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
69
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
70
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
71
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
72
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
73
327.35(2)(b) 3rd Felony BUI.
74
328.05(2) 3rd Possess, sell, or counterfeit
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fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
75
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
76
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
77
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
78
379.2431
(1)(e)6.
3rd Possessing any marine turtle
species or hatchling, or parts
thereof, or the nest of any
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marine turtle species described
in the Marine Turtle Protection
Act.
79
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Tu rtle
Protection Act.
80
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
81
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
82
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
83
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
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materially false/misleading
information.
84
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
85
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
86
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
87
697.08 3rd Equity skimming.
88
784.0355(2)(b) 3rd Indecent battery; second or
subsequent offense.
89
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
90
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
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equipment used in firefighting.
91
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
92
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
93
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
94
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
95
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
96
812.081(2) 3rd Theft of a trade secret.
97
815.04(5)(b) 2nd Computer offense devised to
defraud or obtain property.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
98
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
99
817.233 3rd Burning to defraud insurer.
100
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
101
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
102
817.236 3rd Filing a false motor vehicle
insurance application.
103
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
104
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
105
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
106
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
107
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
108
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
109
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
110
860.15(3) 3rd Overcharging for repairs and
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parts.
111
870.01(2) 3rd Riot.
112
870.01(4) 3rd Inciting a riot.
113
893.13(1)(a)2. 3rd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs).
114
893.13(1)(d)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of
university.
115
893.13(1)(f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(c)10., (3), or (4) drugs
within 1,000 feet of public
housing facility.
116
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
117
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
118
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
119
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
120
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
121
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
122
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
123
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.
124
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
125
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or an
animal if the sole purpose of
writing the prescription is a
monetary benefit for the
practitioner.
126
918.13(1)(a) 3rd Alter, destroy, or conceal
investigation evidence.
127
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
128
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
129
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
130
(d) LEVEL 4 131
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
132
Florida
Statute
Felony
Degree Description
133
316.1935(3)(a) 2nd 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.
134
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
135
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
136
517.07(1) 3rd Failure to register securities.
137
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
138
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
139
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
140
784.075 3rd Battery on detention or
commitment facility staff.
141
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
142
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
143
784.081(3) 3rd Battery on specified official
or employee.
144
784.082(3) 3rd Battery by detained person on
visitor or other detainee.
145
784.083(3) 3rd Battery on code inspector.
146
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
147
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
148
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
149
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
150
787.07 3rd Human smuggling.
151
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
152
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
153
790.115(2)(c)
3rd Possessing firearm on school
property.
154
794.05(2) 3rd Lewd or lascivious touching of
certain minors.
155
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
156
806.135 2nd Destroying or demolishing a
memorial or historic property.
157
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
structure; unarmed; no assault
or battery.
158
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or battery.
159
810.06 3rd Burglary; possession of tools.
160
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
161
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
162
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
163
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
164
817.505(4)(a) 3rd Patient brokering.
165
817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
166
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817.568(2)(a) 3rd Fraudulent use of personal
identification information.
167
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
168
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
169
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
170
837.02(1) 3rd Perjury in official
proceedings.
171
837.021(1) 3rd Make contradictory statements
in official proceedings.
172
838.022 3rd Official misconduct.
173
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
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custody of a state agency.
174
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
175
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
176
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
177
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
178
847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
179
870.01(3) 2nd Aggravated rioting.
180
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870.01(5) 2nd Aggravated inciting a riot.
181
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
182
893.13(2)(a)1. 2nd Purchase of cocaine (or other
s. 893.03(1)(a), (b), or (d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
183
914.14(2) 3rd Witnesses accepting bribes.
184
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
185
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
186
916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
187
918.12 3rd Tampering with jurors.
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188
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
189
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
190
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellular
telephone or other portable
communication device introduced
into county detention facility.
191
Section 5. This act shall take effect October 1, 2022. 192