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Florida Senate - 2025 CS for CS for SB 1136 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Collins 604-03625-25 20251136c2 1 A bill to be entitled 2 An act relating to age as an element of a criminal 3 offense; creating s. 787.001, F.S.; providing that 4 ignorance of a victims age, misrepresentation of a 5 victims age, and a bona fide belief concerning a 6 victims age are not defenses to certain offenses in 7 which the victims age is an element of the offense; 8 providing an exception; amending s. 787.025, F.S.; 9 revising the age requirements for committing the 10 offenses relating to luring or enticing a child; 11 providing increased criminal penalties; revising an 12 affirmative defense; amending s. 921.0022, F.S.; 13 ranking offenses on the offense severity ranking chart 14 of the Criminal Punishment Code; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 787.001, Florida Statutes, is created to 20 read: 21 787.001Victims age; ignorance and misrepresentation not 22 defenses.When, in this chapter, the criminality of conduct 23 depends upon the victim being below a certain age, ignorance of 24 the victims age is not a defense. Misrepresentation of a 25 victims age by any person or a bona fide belief that a victim 26 is over a specified age is also not a defense. This section does 27 not apply to s. 787.30. 28 Section 2.Subsection (2) and paragraph (b) of subsection 29 (3) of section 787.025, Florida Statutes, are amended to read: 30 787.025Luring or enticing a child. 31 (2)(a)A person 18 years of age or older who intentionally 32 lures or entices, or attempts to lure or entice, a child under 33 the age of 14 12 into or out of a structure, dwelling, or 34 conveyance for other than a lawful purpose commits a felony 35 misdemeanor of the third first degree, punishable as provided in 36 s. 775.082, or s. 775.083, or s. 775.084. 37 (b)A person 18 years of age or older who, having been 38 previously convicted of a violation of paragraph (a), 39 intentionally lures or entices, or attempts to lure or entice, a 40 child under the age of 14 12 into or out of a structure, 41 dwelling, or conveyance for other than a lawful purpose commits 42 a felony of the second third degree, punishable as provided in 43 s. 775.082, s. 775.083, or s. 775.084. 44 (c)A person 18 years of age or older who, having been 45 previously convicted of a violation of chapter 794, s. 800.04, 46 or s. 847.0135(5), or a violation of a similar law of another 47 jurisdiction, intentionally lures or entices, or attempts to 48 lure or entice, a child under the age of 14 12 into or out of a 49 structure, dwelling, or conveyance for other than a lawful 50 purpose commits a felony of the second third degree, punishable 51 as provided in s. 775.082, s. 775.083, or s. 775.084. 52 (3)It is an affirmative defense to a prosecution under 53 this section that: 54 (b)The person lured or enticed, or attempted to lure or 55 entice, the child under the age of 14 12 into or out of a 56 structure, dwelling, or conveyance for a lawful purpose. 57 Section 3.Paragraphs (f) and (g) of subsection (3) of 58 section 921.0022, Florida Statutes, are amended to read: 59 921.0022Criminal Punishment Code; offense severity ranking 60 chart. 61 (3)OFFENSE SEVERITY RANKING CHART 62 (f)LEVEL 6 63 64 FloridaStatute FelonyDegree Description 65 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury. 66 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 67 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license. 68 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement. 69 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 70 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 71 775.0875(1) 3rd Taking firearm from law enforcement officer. 72 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 73 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 74 784.041 3rd Felony battery; domestic battery by strangulation. 75 784.048(3) 3rd Aggravated stalking; credible threat. 76 784.048(5) 3rd Aggravated stalking of person under 16. 77 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 78 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 79 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older. 80 784.081(2) 2nd Aggravated assault on specified official or employee. 81 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 82 784.083(2) 2nd Aggravated assault on code inspector. 83 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 84 787.025(2)(a) 3rd Luring or enticing a child. 85 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 86 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 87 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner. 88 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 89 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 90 794.05(1) 2nd Unlawful sexual activity with specified minor. 91 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years. 92 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older. 93 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 94 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 95 810.145(8)(b) 2nd Digital voyeurism; certain minor victims; 2nd or subsequent offense. 96 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 97 812.014(2)(c)5. 3rd Grand theft; third degree; firearm. 98 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 99 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction. 100 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others. 101 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period. 102 812.015(9)(e) 2nd Retail theft; committed with specified number of other persons and use of social media platform. 103 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 104 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 105 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death. 106 817.505(4)(b) 2nd Patient brokering; 10 or more patients. 107 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000. 108 825.102(1) 3rd Abuse of an elderly person or disabled adult. 109 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 110 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 111 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000. 112 827.03(2)(c) 3rd Abuse of a child. 113 827.03(2)(d) 3rd Neglect of a child. 114 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 115 828.126(3) 3rd Sexual activities involving animals. 116 836.05 2nd Threats; extortion. 117 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism. 118 843.12 3rd Aids or assists person to escape. 119 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 120 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 121 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 122 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury. 123 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 124 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony. 125 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 126 944.40 2nd Escapes. 127 944.46 3rd Harboring, concealing, aiding escaped prisoners. 128 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 129 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility. 130 (g)LEVEL 7 131 132 FloridaStatute FelonyDegree Description 133 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 134 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 135 316.1935(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. 136 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 137 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 138 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 139 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 140 456.065(2) 3rd Practicing a health care profession without a license. 141 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 142 458.327(1) 3rd Practicing medicine without a license. 143 459.013(1) 3rd Practicing osteopathic medicine without a license. 144 460.411(1) 3rd Practicing chiropractic medicine without a license. 145 461.012(1) 3rd Practicing podiatric medicine without a license. 146 462.17 3rd Practicing naturopathy without a license. 147 463.015(1) 3rd Practicing optometry without a license. 148 464.016(1) 3rd Practicing nursing without a license. 149 465.015(2) 3rd Practicing pharmacy without a license. 150 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 151 467.201 3rd Practicing midwifery without a license. 152 468.366 3rd Delivering respiratory care services without a license. 153 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 154 483.901(7) 3rd Practicing medical physics without a license. 155 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 156 484.053 3rd Dispensing hearing aids without a license. 157 494.0018(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. 158 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 159 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 160 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 161 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 162 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 163 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 164 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 165 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 166 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 167 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 168 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 169 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 170 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 171 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 172 784.048(7) 3rd Aggravated stalking; violation of court order. 173 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 174 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 175 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 176 784.081(1) 1st Aggravated battery on specified official or employee. 177 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 178 784.083(1) 1st Aggravated battery on code inspector. 179 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 180 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 181 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 182 787.06(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. 183 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 184 790.16(1) 1st Discharge of a machine gun under specified circumstances. 185 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 186 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 187 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 188 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 189 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 190 794.08(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. 191 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 192 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 193 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 194 800.04(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 or older. 195 800.04(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. 196 806.01(2) 2nd Maliciously damage structure by fire or explosive. 197 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 198 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 199 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 200 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 201 812.014(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. 202 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 203 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 204 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 205 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 206 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 207 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 208 812.131(2)(a) 2nd Robbery by sudden snatching. 209 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 210 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 211 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 212 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 213 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 214 817.2341(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. 215 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 216 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 217 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 218 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 219 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 220 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 221 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 222 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 223 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 224 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 225 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 226 838.015 2nd Bribery. 227 838.016 2nd Unlawful compensation or reward for official behavior. 228 838.021(3)(a) 2nd Unlawful harm to a public servant. 229 838.22 2nd Bid tampering. 230 843.0855(2) 3rd Impersonation of a public officer or employee. 231 843.0855(3) 3rd Unlawful simulation of legal process. 232 843.0855(4) 3rd Intimidation of a public officer or employee. 233 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 234 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 235 872.06 2nd Abuse of a dead human body. 236 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 237 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 238 893.13(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. 239 893.13(1)(e)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 property used for religious services or a specified business site. 240 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 241 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 242 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 243 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 244 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 245 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 246 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 247 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 248 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 249 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 250 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 251 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 252 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 253 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 254 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 255 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 256 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 257 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 258 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 259 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 260 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 261 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 262 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 263 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 264 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 265 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 266 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 267 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 268 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 269 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 270 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 271 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 272 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 273 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 274 Section 4.This act shall take effect October 1, 2025.
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