Florida 2023 2023 Regular Session

Florida House Bill H0431 Introduced / Bill

Filed 01/24/2023

                       
 
HB 431  	2023 
 
 
 
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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 solicitation of minors to commit 2 
lewd or lascivious acts; amending s. 800.04, F.S.; 3 
prohibiting a person 24 years of age or older from 4 
soliciting a person 16 or 17 years of age in writing 5 
to commit a lewd or lascivious act; providing criminal 6 
penalties; amending s. 921.0022, F.S.; ranking an 7 
offense on the offense severity ranking chart of the 8 
Criminal Punishment Code; providing an effect ive date. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Subsection (8) of section 800.04, Florida 13 
Statutes, is renumbered as subsection (9), and a new subsection 14 
(8) is added to that section, to read: 15 
 800.04  Lewd or lasci vious offenses committed upon or in 16 
the presence of persons less than 16 years of age. — 17 
 (8)  LEWD OR LASCIVIOUS SOLICITATION. —A person 24 years of 18 
age or older who solicits a person who is 16 or 17 years of age 19 
in writing to commit a lewd or lascivious ac t commits a felony 20 
of the third degree, punishable as provided in s. 775.082, s. 21 
775.083, or s. 775.084. 22 
 Section 2.  Paragraph (g) of subsection (3) of section 23 
921.0022, Florida Statutes, is amended to read: 24 
 921.0022  Criminal Punishment Code; offense severity 25     
 
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ranking chart.— 26 
 (3)  OFFENSE SEVERITY RANKING CHART 27 
 (g)  LEVEL 7 28 
 29 
Florida 
Statute 
Felony 
Degree Description 
 30 
316.027(2)(c) 1st Accident involving death, 
failure to stop; leaving scene. 
 31 
316.193(3)(c)2. 3rd DUI resulting in serious bodily 
injury. 
 32 
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. 
 33 
327.35(3)(c)2. 3rd Vessel BUI resulting in serious 
bodily injury. 
 34     
 
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402.319(2) 2nd Misrepresentation and 
negligence or intentional act 
resulting in great bodily harm, 
permanent disfiguration, 
permanent disability, or death. 
 35 
409.920 
  (2)(b)1.a. 
3rd Medicaid provider fraud; 
$10,000 or less. 
 36 
409.920 
  (2)(b)1.b. 
2nd Medicaid provider fraud; more 
than $10,000, but less than 
$50,000. 
 37 
456.065(2) 3rd Practicing a health care 
profession without a license. 
 38 
456.065(2) 2nd Practicing a health care 
profession without a license 
which results in serious bodily 
injury. 
 39 
458.327(1) 3rd Practicing medicine without a 
license. 
 40 
459.013(1) 3rd Practicing osteopathic medicine     
 
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without a license. 
 41 
460.411(1) 3rd Practicing chiropractic 
medicine without a license. 
 42 
461.012(1) 3rd Practicing podiatric medicine 
without a license. 
 43 
462.17 	3rd Practicing naturopathy without 
a license. 
 44 
463.015(1) 3rd Practicing optometry without a 
license. 
 45 
464.016(1) 3rd Practicing nursing without a 
license. 
 46 
465.015(2) 3rd Practicing pharmacy without a 
license. 
 47 
466.026(1) 3rd Practicing dentistry or dental 
hygiene without a license. 
 48 
467.201 	3rd Practicing midwifery without a 
license.     
 
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 49 
468.366 	3rd Delivering respiratory care 
services without a license. 
 50 
483.828(1) 3rd Practicing as clinical 
laboratory personnel without a 
license. 
 51 
483.901(7) 3rd Practicing medical physics 
without a license. 
 52 
484.013(1)(c) 3rd Preparing or dispensing optical 
devices without a prescription. 
 53 
484.053 	3rd Dispensing hearing aids without 
a license. 
 54 
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. 
 55 
560.123(8)(b)1. 3rd Failure to report currency or     
 
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payment instruments exceeding 
$300 but less than $20,000 by a 
money services business. 
 56 
560.125(5)(a) 3rd Money services business by 
unauthorized person, currency 
or payment instruments 
exceeding $300 but less than 
$20,000. 
 57 
655.50(10)(b)1. 3rd Failure to report financial 
transactions exceeding $300 but 
less than $20,000 by financial 
institution. 
 58 
775.21(10)(a) 3rd Sexual predator; failure to 
register; failure to renew 
driver license or 
identification card; other 
registration violations. 
 59 
775.21(10)(b) 3rd Sexual predator working where 
children regularly congregate. 
 60 
775.21(10)(g) 3rd Failure to report or providing     
 
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false information about a 
sexual predator; harbor or 
conceal a sexual predator. 
 61 
782.051(3) 2nd Attempted felony murder of a 
person by a person other than 
the perpetrator or the 
perpetrator of an attempted 
felony. 
 62 
782.07(1) 2nd Killing of a human being by the 
act, procurement, or culpable 
negligence of another 
(manslaughter). 
 63 
782.071 	2nd Killing of a human being or 
unborn child by the operation 
of a motor vehicle in a 
reckless manner (vehicular 
homicide). 
 64 
782.072 	2nd Killing of a human being by the 
operation of a vessel in a 
reckless manner (vessel 
homicide).     
 
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 65 
784.045(1)(a)1. 2nd Aggravated battery; 
intentionally causing great 
bodily harm or disfigurement. 
 66 
784.045(1)(a)2. 2nd Aggravated battery; using 
deadly weapon. 
 67 
784.045(1)(b) 2nd Aggravated battery; perpetrator 
aware victim pregnant. 
 68 
784.048(4) 3rd Aggravated stalking; violation 
of injunction or court order. 
 69 
784.048(7) 3rd Aggravated stalking; violation 
of court order. 
 70 
784.07(2)(d) 1st Aggravated battery on law 
enforcement officer. 
 71 
784.074(1)(a) 1st Aggravated battery on sexually 
violent predators facility 
staff. 
 72 
784.08(2)(a) 1st Aggravated battery on a person     
 
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65 years of age or older. 
 73 
784.081(1) 1st Aggravated battery on specified 
official or employee. 
 74 
784.082(1) 1st Aggravated battery by detained 
person on visitor or other 
detainee. 
 75 
784.083(1) 1st Aggravated battery on code 
inspector. 
 76 
787.06(3)(a)2. 1st Human trafficking using 
coercion for labor and services 
of an adult. 
 77 
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. 
 78 
790.07(4) 1st Specified weapons violation 
subsequent to previous 
conviction of s. 790.07(1) or     
 
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(2). 
 79 
790.16(1) 1st Discharge of a machine gun 
under specified circumstances. 
 80 
790.165(2) 2nd Manufacture, sell, possess, or 
deliver hoax bomb. 
 81 
790.165(3) 2nd Possessing, displaying, or 
threatening to use any hoax 
bomb while committing or 
attempting to commit a felony. 
 82 
790.166(3) 2nd Possessing, selling, using, or 
attempting to use a hoax weapon 
of mass destruction. 
 83 
790.166(4) 2nd Possessing, displaying, or 
threatening to use a hoax 
weapon of mass destruction 
while committing or attempting 
to commit a felony. 
 84 
790.23 1st,PBL Possession of a firearm by a 
person who qualifies for the     
 
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penalty enhancements provided 
for in s. 874.04. 
 85 
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. 
 86 
796.05(1) 1st Live on earnings of a 
prostitute; 2nd offense. 
 87 
796.05(1) 1st Live on earnings of a 
prostitute; 3rd and subsequent 
offense. 
 88 
800.04(5)(c)1. 2nd Lewd or lascivious molestation; 
victim younger than 12 years of 
age; offender younger than 18 
years of age. 
 89 
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     
 
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or older. 
 90 
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. 
 91 
800.04(8) 3rd Lewd or lascivious written 
solicitation of 16 or 17 year 
old. 
 92 
806.01(2) 2nd Maliciously damage structure by 
fire or explosive. 
 93 
810.02(3)(a) 2nd Burglary of occupied dwelling; 
unarmed; no assault or battery. 
 94 
810.02(3)(b) 2nd Burglary of unoccupied 
dwelling; unarmed; no assault 
or battery. 
 95 
810.02(3)(d) 2nd Burglary of occupied 
conveyance; unarmed; no assault     
 
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or battery. 
 96 
810.02(3)(e) 2nd Burglary of authorized 
emergency vehicle. 
 97 
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. 
 98 
812.014(2)(b)2. 2nd Property stolen, cargo val ued 
at less than $50,000, grand 
theft in 2nd degree. 
 99 
812.014(2)(b)3. 2nd Property stolen, emergency 
medical equipment; 2nd degree 
grand theft. 
 100 
812.014(2)(b)4. 2nd Property stolen, law 
enforcement equipment from 
authorized emergency vehicle. 
 101     
 
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812.0145(2)(a) 1st Theft from person 65 years of 
age or older; $50,000 or more. 
 102 
812.019(2) 1st Stolen property; initiates, 
organizes, plans, etc., the 
theft of property and traffics 
in stolen property. 
 103 
812.131(2)(a) 2nd Robbery by sudden snatching. 
 104 
812.133(2)(b) 1st Carjacking; no firearm, deadly 
weapon, or other weapon. 
 105 
817.034(4)(a)1. 1st Communications fraud, value 
greater than $50,000. 
 106 
817.234(8)(a) 2nd Solicitation of motor vehicle 
accident victims with intent to 
defraud. 
 107 
817.234(9) 2nd Organizing, planning, or 
participating in an intentional 
motor vehicle collision. 
 108 
817.234(11)(c) 1st Insurance fraud; property value     
 
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$100,000 or more. 
 109 
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. 
 110 
817.418(2)(a) 3rd Offering for sale or 
advertising personal protective 
equipment with intent to 
defraud. 
 111 
817.504(1)(a) 3rd Offering or advertising a 
vaccine with intent to defraud. 
 112 
817.535(2)(a) 3rd Filing false lien or other 
unauthorized document. 
 113 
817.611(2)(b) 2nd Traffic in or possess 15 to 49 
counterfeit credit cards or 
related documents. 
 114     
 
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825.102(3)(b) 2nd Neglecting an elderly person or 
disabled adult causing great 
bodily harm, disability, or 
disfigurement. 
 115 
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. 
 116 
827.03(2)(b) 2nd Neglect of a child causing 
great bodily harm, disability, 
or disfigurement. 
 117 
827.04(3) 3rd Impregnation of a child under 
16 years of age by person 21 
years of age or older. 
 118 
837.05(2) 3rd Giving false information about 
alleged capital felony to a law 
enforcement officer. 
 119 
838.015 	2nd Bribery. 
 120 
838.016 	2nd Unlawful compensation or reward     
 
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for official behavior. 
 121 
838.021(3)(a) 2nd Unlawful harm to a public 
servant. 
 122 
838.22 	2nd Bid tampering. 
 123 
843.0855(2) 3rd Impersonation of a public 
officer or employee. 
 124 
843.0855(3) 3rd Unlawful simulation of legal 
process. 
 125 
843.0855(4) 3rd Intimidation of a public 
officer or employee. 
 126 
847.0135(3) 3rd Solicitation of a child, via a 
computer service, to commit an 
unlawful sex act. 
 127 
847.0135(4) 2nd Traveling to meet a minor to 
commit an unlawful sex act. 
 128 
872.06 	2nd Abuse of a dead human body. 
 129     
 
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874.05(2)(b) 1st Encouraging or recruiting 
person under 13 to join a 
criminal gang; second or 
subsequent offense. 
 130 
874.10 1st,PBL Knowingly initiates, organizes, 
plans, finances, directs, 
manages, or supervises criminal 
gang-related activity. 
 131 
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. 
 132 
893.13(1)(e)1. 1st Sell, manufacture, or deliver 
cocaine or other drug 
prohibited under s.     
 
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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. 
 133 
893.13(4)(a) 1st Use or hire of minor; deliver 
to minor other controlled 
substance. 
 134 
893.135(1)(a)1. 1st Trafficking in cannabis, more 
than 25 lbs., less than 2,000 
lbs. 
 135 
893.135 
  (1)(b)1.a. 
1st Trafficking in cocaine, more 
than 28 grams, less than 200 
grams. 
 136 
893.135 
  (1)(c)1.a. 
1st Trafficking in illegal drugs, 
more than 4 grams, less than 14 
grams. 
 137 
893.135 
  (1)(c)2.a. 
1st Trafficking in hydrocodon e, 28 
grams or more, less than 50 
grams.     
 
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 138 
893.135 
  (1)(c)2.b. 
1st Trafficking in hydrocodone, 50 
grams or more, less than 100 
grams. 
 139 
893.135 
  (1)(c)3.a. 
1st Trafficking in oxycodone, 7 
grams or more, less than 14 
grams. 
 140 
893.135 
  (1)(c)3.b. 
1st Trafficking in oxycodone, 14 
grams or more, less than 25 
grams. 
 141 
893.135 
  (1)(c)4.b.(I) 
1st Trafficking in fentanyl, 4 
grams or more, less than 14 
grams. 
 142 
893.135 
  (1)(d)1.a. 
1st Trafficking in phencyclidine, 
28 grams or more, less than 200 
grams. 
 143 
893.135(1)(e)1. 1st Trafficking in methaqualone, 
200 grams or more, less than 5 
kilograms. 
 144     
 
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893.135(1)(f)1. 1st Trafficking in amphetamine, 14 
grams or more, less than 28 
grams. 
 145 
893.135 
  (1)(g)1.a. 
1st Trafficking in flunitrazepam, 4 
grams or more, less than 14 
grams. 
 146 
893.135 
  (1)(h)1.a. 
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1 
kilogram or more, less than 5 
kilograms. 
 147 
893.135 
  (1)(j)1.a. 
1st Trafficking in 1,4-Butanediol, 
1 kilogram or more, less than 5 
kilograms. 
 148 
893.135 
  (1)(k)2.a. 
1st Trafficking in Phenethylamines, 
10 grams or more, less than 200 
grams. 
 149 
893.135 
  (1)(m)2.a. 
1st Trafficking in synthetic 
cannabinoids, 280 grams or 
more, less than 500 grams. 
 150     
 
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893.135 
  (1)(m)2.b. 
1st Trafficking in synthetic 
cannabinoids, 500 grams or 
more, less than 1,000 grams. 
 151 
893.135 
  (1)(n)2.a. 
1st Trafficking in n-benzyl 
phenethylamines, 14 grams or 
more, less than 100 grams. 
 152 
893.1351(2) 2nd Possession of place for 
trafficking in or manufacturing 
of controlled substance. 
 153 
896.101(5)(a) 3rd Money laundering, financial 
transactions exceeding $300 but 
less than $20,000. 
 154 
896.104(4)(a)1. 3rd Structuring transactions to 
evade reporting or registration 
requirements, financial 
transactions exceeding $300 but 
less than $20,000. 
 155 
943.0435(4)(c) 2nd Sexual offender vacating 
permanent residence; failure to 
comply with reporting     
 
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requirements. 
 156 
943.0435(8) 2nd Sexual offender; remains in 
state after indicating intent 
to leave; failure to comply 
with reporting requirements. 
 157 
943.0435(9)(a) 3rd Sexual offender; failure to 
comply with reporting 
requirements. 
 158 
943.0435(13) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 159 
943.0435(14) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 160 
944.607(9) 3rd Sexual offender; failure to 
comply with reporting 
requirements.     
 
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 161 
944.607(10)(a) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 162 
944.607(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 163 
944.607(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 164 
985.4815(10) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 165 
985.4815(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 166     
 
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985.4815(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 167 
 168 
 Section 3.  This act shall take effect October 1, 2023. 169