Florida 2024 Regular Session

Florida House Bill H1135 Latest Draft

Bill / Comm Sub Version Filed 02/21/2024

                               
 
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A bill to be entitled 1 
An act relating to lewd or lascivious grooming; 2 
creating s. 800.045, F.S.; providing definitions; 3 
creating the offense of lewd or lascivious grooming; 4 
providing criminal penalties; providing applicability; 5 
amending s. 921.0022, F.S.; ranking the offense on the 6 
offense severity ranking chart of the Criminal 7 
Punishment Code; providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Section 800.045, Florida Statutes, is created 12 
to read: 13 
 800.045  Lewd or lascivious grooming. — 14 
 (1)  As used in this section, the term: 15 
 (a)  "Inappropriate communication or conduct" means any 16 
verbal, written, or electronic communication or any conduct in 17 
which a person describes, depicts, or demonstrates sexual 18 
conduct or sexual excitement. 19 
 (b)  "Sexual activity" has the same meaning as in s. 20 
800.04(1). 21 
 (c)  "Sexual conduct" and the term "sexual excitement" have 22 
the same meanings as in s. 847.001. 23 
 (d)  "Sexual performance" has the same meaning as in s. 24 
827.071(1). 25     
 
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 (2)  A person 18 years of age or older who, with lewd or 26 
lascivious intent, engages in a pattern of inappropriate 27 
communication or conduct directed toward a person less than 16 28 
years of age for the purpose of preparing, encouraging, or 29 
enticing such person to engage in any unlawful sexual activity, 30 
unlawful sexual conduct, or unlawful sexual performance commits 31 
lewd or lascivious grooming, a felony of the third degree, 32 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 33 
 (3)  This section does not apply to any act of medical 34 
diagnosis or treatment or to an educational conversation by a 35 
parent, caregiver, counselor, or educator that is intended for 36 
the purpose of sexual education and not intended to elicit 37 
sexual excitement. 38 
 Section 2.  Paragraph (c) of subsection (3) of section 39 
921.0022, Florida Statutes, is amended to read: 40 
 921.0022  Criminal Punishment Code; offense severity 41 
ranking chart.— 42 
 (3)  OFFENSE SEVERIT Y RANKING CHART 43 
 (c)  LEVEL 3 44 
 45 
Florida 
Statute 
Felony 
Degree Description 
 46 
119.10(2)(b) 3rd Unlawful use of confidential 
information from police     
 
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reports. 
 47 
316.066 
  (3)(b)-(d) 
3rd Unlawfully obtaining or using 
confidential crash reports. 
 48 
316.193(2)(b) 3rd Felony DUI, 3rd conviction. 
 49 
316.1935(2) 3rd Fleeing or attempting to elude 
law enforcement officer in 
patrol vehicle with siren and 
lights activated. 
 50 
319.30(4) 3rd Possession by junkyard of motor 
vehicle with identification 
number plate removed. 
 51 
319.33(1)(a) 3rd Alter or forge any certificate 
of title to a motor vehicle or 
mobile home. 
 52 
319.33(1)(c) 3rd Procure or pass title on stolen 
vehicle. 
 53 
319.33(4) 3rd With intent to defraud, 
possess, sell, etc., a blank,     
 
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forged, or unlawfully obtained 
title or registration. 
 54 
327.35(2)(b) 3rd Felony BUI. 
 55 
328.05(2) 3rd Possess, sell, or counterfeit 
fictitious, stolen, or 
fraudulent titles or bills of 
sale of vessels. 
 56 
328.07(4) 3rd Manufacture, exchange, or 
possess vessel with counterfeit 
or wrong ID number. 
 57 
376.302(5) 3rd Fraud related to reimbursement 
for cleanup expenses under the 
Inland Protection Trust Fund. 
 58 
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     
 
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violation of the Marine Turtle 
Protection Act. 
 59 
379.2431 
  (1)(e)6. 
3rd Possessing any marine turtle 
species or hatchling, or parts 
thereof, or the nest of any 
marine turtle species described 
in the Marine Turtle Protection 
Act. 
 60 
379.2431 
  (1)(e)7. 
3rd Soliciting to commit or 
conspiring to commit a 
violation of the Marine Turtle 
Protection Act. 
 61 
400.9935(4)(a) 
  or (b) 
3rd Operating a clinic, or offering 
services requiring licensure, 
without a license. 
 62 
400.9935(4)(e) 3rd Filing a false license 
application or other required 
information or failing to 
report information. 
 63 
440.1051(3) 3rd False report of workers'     
 
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compensation fraud or 
retaliation for making such a 
report. 
 64 
501.001(2)(b) 2nd Tampers with a consumer product 
or the container using 
materially false/misleading 
information. 
 65 
624.401(4)(a) 3rd Transacting insurance without a 
certificate of authority. 
 66 
624.401(4)(b)1. 3rd Transacting insurance without a 
certificate of authority; 
premium collected less than 
$20,000. 
 67 
626.902(1)(a) & 
  (b) 
3rd Representing an unauthorized 
insurer. 
 68 
697.08 	3rd Equity skimming. 
 69 
790.15(3) 3rd Person directs another to 
discharge firearm from a 
vehicle.     
 
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 70 
794.053 	3rd Lewd or lascivious written 
solicitation of a person 16 or 
17 years of age by a person 24 
years of age or older. 
 71 
800.045(2) 3rd Lewd or lascivious grooming. 
 72 
806.10(1) 3rd Maliciously injure, destroy, or 
interfere with vehicles or 
equipment used in firefighting . 
 73 
806.10(2) 3rd Interferes with or assaults 
firefighter in performance of 
duty. 
 74 
810.09(2)(c) 3rd Trespass on property other than 
structure or conveyance armed 
with firearm or dangerous 
weapon. 
 75 
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 
less than $10,000. 
 76 
812.0145(2)(c) 3rd Theft from person 65 years of     
 
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age or older; $300 or more but 
less than $10,000. 
 77 
812.015(8)(b) 3rd Retail theft with intent to 
sell; conspires with others. 
 78 
812.081(2) 3rd Theft of a trade secret. 
 79 
815.04(4)(b) 2nd Computer offense devised to 
defraud or obtain property. 
 80 
817.034(4)(a)3. 3rd Engages in scheme to defraud 
(Florida Communications Fraud 
Act), property valued at less 
than $20,000. 
 81 
817.233 	3rd Burning to defraud insurer. 
 82 
817.234 
  (8)(b) & (c) 
3rd Unlawful solicitation of 
persons involved in motor 
vehicle accidents. 
 83 
817.234(11)(a) 3rd Insurance fraud; property value 
less than $20,000. 
 84     
 
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817.236 	3rd Filing a false motor vehicle 
insurance application. 
 85 
817.2361 3rd Creating, marketing, or 
presenting a false or 
fraudulent motor vehicle 
insurance card. 
 86 
817.413(2) 3rd Sale of used goods of $1,000 or 
more as new. 
 87 
817.49(2)(b)1. 3rd Willful making of a false 
report of a crime causing great 
bodily harm, permanent 
disfigurement, or permanent 
disability. 
 88 
831.28(2)(a) 3rd Counterfeiting a payment 
instrument with intent to 
defraud or possessing a 
counterfeit payment instrument 
with intent to defraud. 
 89 
831.29 	2nd Possession of instruments for 
counterfeiting driver licenses     
 
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or identification cards. 
 90 
836.13(2) 3rd Person who promotes an altered 
sexual depiction of an 
identifiable person without 
consent. 
 91 
838.021(3)(b) 3rd Threatens unlawful harm to 
public servant. 
 92 
860.15(3) 3rd Overcharging for repairs and 
parts. 
 93 
870.01(2) 3rd Riot. 
 94 
870.01(4) 3rd Inciting a riot. 
 95 
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). 
 96 
893.13(1)(d)2. 2nd Sell, manufacture, or deliver     
 
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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. 
 97 
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., 
(2)(c)10., (3), or (4) drugs 
within 1,000 feet of public 
housing facility. 
 98 
893.13(4)(c) 3rd Use or hire of minor; deliver 
to minor other controlled 
substances. 
 99 
893.13(6)(a) 3rd Possession of any control led 
substance other than felony 
possession of cannabis. 
 100 
893.13(7)(a)8. 3rd Withhold information from 
practitioner regarding previous     
 
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receipt of or prescription for 
a controlled substance. 
 101 
893.13(7)(a)9. 3rd Obtain or attempt to obtain 
controlled substance by fraud, 
forgery, misrepresentation, 
etc. 
 102 
893.13(7)(a)10. 3rd Affix false or forged label to 
package of controlled 
substance. 
 103 
893.13(7)(a)11. 3rd Furnish false or fraudulent 
material information on any 
document or record required by 
chapter 893. 
 104 
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.     
 
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 105 
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. 
 106 
893.13(8)(a)3. 3rd Knowingly write a prescription 
for a controlled substance for 
a fictitious person. 
 107 
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. 
 108 
918.13(1) 3rd Tampering with or fabricating 
physical evidence. 
 109 
944.47 
  (1)(a)1. & 2. 
3rd Introduce contraband to 
correctional facility.     
 
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 110 
944.47(1)(c) 2nd Possess contraband while upon 
the grounds of a correctional 
institution. 
 111 
985.721 	3rd Escapes from a juvenile 
facility (secure detention or 
residential commitment 
facility). 
 112 
 Section 3.  This act shall take effect October 1, 2024. 113