CS/CS/HB 379 2022
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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. 794.051, F.S.; defining conduct 3
prohibited as indecent, lewd, or lascivious touching 4
of certain minors; providing a penalty; providing 5
applicability; amending s. 921.0022, F.S.; ranking the 6
offense on the offense severity ranking chart of the 7
Criminal Punishment Code; providing an effective date. 8
9
Be It Enacted by the Legislature of the S tate of Florida: 10
11
Section 1. Section 794.051, Florida Statutes, is created 12
to read: 13
794.051 Indecent, lewd, or lascivious touching of certain 14
minors.— 15
(1) A person 24 years of age or older who intentionally 16
touches in a lewd or lascivious manner th e breasts, genitals, 17
genital area, or buttocks, or the clothing covering them, of a 18
person 16 or 17 years of age, or forces or entices a person 16 19
or 17 years of age to so touch the perpetrator, commits a felony 20
of the third degree, punishable as provided in s. 775.082, s. 21
775.083, or s. 775.084. 22
(2) This section does not apply to a person 16 or 17 years 23
of age who has had the disability of nonage removed under 24
chapter 743. 25
CS/CS/HB 379 2022
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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
Section 2. Paragraph (d) of subsection (3) of section 26
921.0022, Florida Statut es, is amended to read: 27
921.0022 Criminal Punishment Code; offense severity 28
ranking chart.— 29
(3) OFFENSE SEVERITY RANKING CHART 30
(d) LEVEL 4 31
32
Florida
Statute
Felony
Degree Description
33
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.
34
499.0051(1) 3rd Failure to maintain or deliver
transaction history,
transaction information, or
transaction statements.
35
499.0051(5) 2nd Knowing sale or delivery, or
possession with intent to sell,
contraband prescription drugs.
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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
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517.07(1) 3rd Failure to register securities.
37
517.12(1) 3rd Failure of dealer, associated
person, or issuer of securities
to register.
38
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
39
784.074(1)(c) 3rd Battery of sexually violent
predators facility staff.
40
784.075 3rd Battery on detention or
commitment facility staff.
41
784.078 3rd Battery of facility employee by
throwing, tossing, or expelling
certain fluids or materials.
42
784.08(2)(c) 3rd Battery on a person 65 years of
age or older.
43
784.081(3) 3rd Battery on specified official
or employee.
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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
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784.082(3) 3rd Battery by detained person on
visitor or other detainee.
45
784.083(3) 3rd Battery on code inspector.
46
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
47
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
48
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending custody
proceedings.
49
787.04(3) 3rd Carrying child beyond state
lines with criminal intent to
avoid producing child at
custody hearing or delivering
to designated person.
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787.07 3rd Human smuggling.
51
790.115(1) 3rd Exhibiting firearm or weapon
within 1,000 feet of a school.
52
790.115(2)(b) 3rd Possessing electric weapon or
device, destructive device, or
other weapon on school
property.
53
790.115(2)(c) 3rd Possessing firearm on school
property.
54
794.051(1) 3rd Indecent, lewd, or lascivious
touching of certain minors.
55
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
56
806.135 2nd Destroying or demolishing a
memorial or historic property.
57
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an unoccupied
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structure; unarmed; no assault
or battery.
58
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an unoccupied
conveyance; unarmed; no assault
or battery.
59
810.06 3rd Burglary; possession of tools.
60
810.08(2)(c) 3rd Trespass on property, armed
with firearm or dangerous
weapon.
61
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
or more but less than $20,000.
62
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
63
812.0195(2) 3rd Dealing in stolen property by
use of the Internet; property
stolen $300 or more.
64
817.505(4)(a) 3rd Patient brokering.
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817.563(1) 3rd Sell or deliver substance other
than controlled substance
agreed upon, excluding s.
893.03(5) drugs.
66
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
67
817.625(2)(a) 3rd Fraudulent use of scanning
device, skimming device, or
reencoder.
68
817.625(2)(c) 3rd Possess, sell, or deliver
skimming device.
69
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or cattle.
70
837.02(1) 3rd Perjury in official
proceedings.
71
837.021(1) 3rd Make contradictory statements
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in official proceedings.
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838.022 3rd Official misconduct.
73
839.13(2)(a) 3rd Falsifying records of an
individual in the care and
custody of a state agency.
74
839.13(2)(c) 3rd Falsifying records of the
Department of Children and
Families.
75
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
76
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
77
843.15(1)(a) 3rd Failure to appear while on bail
for felony (bond estreature or
bond jumping).
78
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847.0135(5)(c) 3rd Lewd or lascivious exhibition
using computer; offender less
than 18 years.
79
870.01(3) 2nd Aggravated rioting.
80
870.01(5) 2nd Aggravated inciting a riot.
81
874.05(1)(a) 3rd Encouraging or recruiting
another to join a criminal
gang.
82
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).
83
914.14(2) 3rd Witnesses accepting bribes.
84
914.22(1) 3rd Force, threaten, etc., witness,
victim, or informant.
85
914.23(2) 3rd Retaliation against a witness,
victim, or informant, no bodily
injury.
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916.1085
(2)(c)1.
3rd Introduction of specified
contraband into certain DCF
facilities.
87
918.12 3rd Tampering with jurors.
88
934.215 3rd Use of two-way communications
device to facilitate commission
of a crime.
89
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or other
portable communication device)
into correctional institution.
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951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other device
to aid escape, or cellula r
telephone or other portable
communication device introduced
into county detention facility.
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Section 3. This act shall take effect October 1, 2022. 92