Florida 2024 Regular Session

Florida House Bill H0713 Latest Draft

Bill / Introduced Version Filed 12/04/2023

                               
 
HB 713  	2024 
 
 
 
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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 battery offenses; amending s. 2 
784.085, F.S.; expanding the coverage prohibitions on 3 
battery involving contact with bodily substances; 4 
providing criminal penalties; amending s. 921.0022, 5 
F.S.; conforming provisions to changes made by the 6 
act; providing an effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Section 784.085, Florida Statutes, is am ended 11 
to read: 12 
 784.085  Battery of child by throwing, tossing, projecting, 13 
or expelling certain fluids or materials. — 14 
 (1)  It is unlawful for any person, except a child as 15 
defined in this section, to knowingly cause or attempt to cause 16 
a person child to come into contact with blood, seminal fluid, 17 
or urine or feces by throwing, tossing, projecting, or expelling 18 
such fluid or material. 19 
 (2)  Any person, except a child as defined in this section, 20 
who violates this section commits battery of a child, a felony 21 
of the third degree, punishable as provided in s. 775.082, s. 22 
775.083, or s. 775.084. 23 
 (3)  As used in this section, the term "child" means a 24 
person under 18 years of age. 25     
 
HB 713  	2024 
 
 
 
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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 
 
 
 
 26 
 Section 2.  Paragraph (d) of subsection (3) of section 27 
921.0022, Florida Statu tes, is amended to read: 28 
 921.0022  Criminal Punishment Code; offense severity 29 
ranking chart.— 30 
 (3)  OFFENSE SEVERITY RANKING CHART 31 
 (d)  LEVEL 4 32 
 33 
Florida 
Statute 
Felony 
Degree Description 
 34 
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. 
 35 
499.0051(1) 3rd Failure to maintain or deliver 
transaction history, 
transaction information, or 
transaction statements. 
 36 
499.0051(5) 2nd Knowing sale or delivery, or 
possession with intent to sell,     
 
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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 
 
 
 
contraband prescription drugs. 
 37 
517.07(1) 3rd Failure to register securities. 
 38 
517.12(1) 3rd Failure of dealer or associated 
person of a dealer of 
securities to register. 
 39 
784.031 	3rd Battery by strangulation. 
 40 
784.07(2)(b) 3rd Battery of law enforcement 
officer, firefighter, etc. 
 41 
784.074(1)(c) 3rd Battery of sexually violent 
predators facility staff. 
 42 
784.075 	3rd Battery on detention or 
commitment facility staff. 
 43 
784.078 	3rd Battery of facility employee by 
throwing, tossing, or expelling 
certain fluids or materials. 
 44 
784.08(2)(c) 3rd Battery on a person 65 years of 
age or older.     
 
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 45 
784.081(3) 3rd Battery on specified official 
or employee. 
 46 
784.082(3) 3rd Battery by detained person on 
visitor or other detainee. 
 47 
784.083(3) 3rd Battery on code inspector. 
 48 
784.085 	3rd Battery of child by throwing, 
tossing, projecting, or 
expelling certain fluids or 
materials. 
 49 
787.03(1) 3rd Interference with custody; 
wrongly takes minor from 
appointed guardian. 
 50 
787.04(2) 3rd Take, entice, or remove child 
beyond state limits with 
criminal intent pending custody 
proceedings. 
 51 
787.04(3) 3rd Carrying child beyond state 
lines with criminal intent to     
 
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avoid producing child at 
custody hearing or delivering 
to designated person. 
 52 
787.07 	3rd Human smuggling. 
 53 
790.115(1) 3rd Exhibiting firearm or weapon 
within 1,000 feet of a school. 
 54 
790.115(2)(b) 3rd Possessing electric weapon or 
device, destructive device, or 
other weapon on school 
property. 
 55 
790.115(2)(c) 3rd Possessing firearm on school 
property. 
 56 
794.051(1) 3rd Indecent, lewd, or lascivious 
touching of certain minors. 
 57 
800.04(7)(c) 3rd Lewd or lascivious exhibition; 
offender less than 18 years. 
 58 
806.135 	2nd Destroying or demolishing a 
memorial or historic property.     
 
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 59 
810.02(4)(a) 3rd Burglary, or attempted 
burglary, of an unoccupied 
structure; unarmed; no assault 
or battery. 
 60 
810.02(4)(b) 3rd Burglary, or attempted 
burglary, of an unoccupied 
conveyance; unarmed; no assault 
or battery. 
 61 
810.06 	3rd Burglary; possession of tools. 
 62 
810.08(2)(c) 3rd Trespass on property, armed 
with firearm or dangerous 
weapon. 
 63 
812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 
or more but less than $20,000. 
 64 
812.014 
  (2)(c)4. & 
  6.-10. 
3rd Grand theft, 3rd degree; 
specified items. 
 65 
812.0195(2) 3rd Dealing in stolen property by     
 
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use of the Internet; property 
stolen $300 or more. 
 66 
817.505(4)(a) 3rd Patient brokering. 
 67 
817.563(1) 3rd Sell or deliver substance other 
than controlled substance 
agreed upon, excluding s. 
893.03(5) drugs. 
 68 
817.568(2)(a) 3rd Fraudulent use of personal 
identification information. 
 69 
817.5695(3)(c) 3rd Exploitation of person 65 years 
of age or older, value less 
than $10,000. 
 70 
817.625(2)(a) 3rd Fraudulent use of scanning 
device, skimming device, or 
reencoder. 
 71 
817.625(2)(c) 3rd Possess, sell, or deliver 
skimming device. 
 72 
828.125(1) 2nd Kill, maim, or cause great     
 
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bodily harm or permanent 
breeding disability to any 
registered horse or cattle. 
 73 
836.14(2) 3rd Person who commits theft of a 
sexually explicit image with 
intent to promote it. 
 74 
836.14(3) 3rd Person who willfully possesses 
a sexually explicit image with 
certain knowledge, intent, and 
purpose. 
 75 
837.02(1) 3rd Perjury in official 
proceedings. 
 76 
837.021(1) 3rd Make contradictory statements 
in official proceedings. 
 77 
838.022 	3rd Official misconduct. 
 78 
839.13(2)(a) 3rd Falsifying records of an 
individual in the care and 
custody of a state agency. 
 79     
 
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839.13(2)(c) 3rd Falsifying records of the 
Department of Children and 
Families. 
 80 
843.021 	3rd Possession of a concealed 
handcuff key by a person in 
custody. 
 81 
843.025 	3rd Deprive law enforcement, 
correctional, or correctional 
probation officer of means of 
protection or communication. 
 82 
843.15(1)(a) 3rd Failure to appear while on bail 
for felony (bond estreature or 
bond jumping). 
 83 
843.19(2) 2nd Injure, disable, or kill 
police, fire, or SAR canine or 
police horse. 
 84 
847.0135(5)(c) 3rd Lewd or lascivious exhibition 
using computer; offender less 
than 18 years. 
 85     
 
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870.01(3) 2nd Aggravated rioting. 
 86 
870.01(5) 2nd Aggravated inciting a riot. 
 87 
874.05(1)(a) 3rd Encouraging or recruiting 
another to join a criminal 
gang. 
 88 
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). 
 89 
914.14(2) 3rd Witnesses accepting bribes. 
 90 
914.22(1) 3rd Force, threaten, etc., witness, 
victim, or informant. 
 91 
914.23(2) 3rd Retaliation against a witness, 
victim, or informant, no bodily 
injury. 
 92 
916.1085 
  (2)(c)1. 
3rd Introduction of specified 
contraband into certain DCF 
facilities.     
 
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918.12 	3rd Tampering with jurors. 
 94 
934.215 	3rd Use of two-way communications 
device to facilitate commission 
of a crime. 
 95 
944.47(1)(a)6. 3rd Introduction of contraband 
(cellular telephone or other 
portable communication device) 
into correctional institution. 
 96 
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. 
 97 
 Section 3.  This act shall take effect October 1, 2024. 98