Bill Text: FL H0819 | 2010 | Regular Session | Introduced

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Bill Title: Sexual Misconduct with Students/Authority Figures

Spectrum: Partisan Bill (Republican 8-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal & Civil Justice Appropriations (CGHC) [H0819 Detail]

Download: Florida-2010-H0819-Introduced.html

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HB 819

1	A bill to be entitled
2	An act relating to sexual misconduct with students by
3	authority figures; creating s. 775.0862, F.S.; providing
4	definitions; providing for reclassification of specified
5	sexual offenses committed against students by authority
6	figures; providing for severity ranking of offenses;
7	amending s. 921.0022, F.S.; providing for application of
8	the severity ranking chart of the Criminal Punishment
9	Code; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Section 775.0862, Florida Statutes, is created
14	to read:
15	775.0862 Sexual battery offenses against students by
16	authority figures; reclassification.-
17	(1) For purposes of this section, the term:
18	(a) "Authority figure" means a school officer, a teacher
19	or other instructional person, an administrator or other school
20	administrative person, a school volunteer, an educational
21	support employee, or an education service provider who is
22	employed by, under contract with, working at, or providing
23	volunteer services to an educational institution.
24	(b) "Educational institution" means an entity providing
25	instructional programs of study by means of regular classes,
26	activities, or courses, including virtual courses, to students
27	in early learning programs or in prekindergarten through grade
28	12.
29	(c) "Student" means any early learning or prekindergarten
30	through grade 12 child who is enrolled in an educational
31	institution.
32	(2) The felony degree of any violation of:
33	(a) Any offense listed in s. 775.21(4)(a)1.; or
34	(b) Any offense listed in s. 943.0435(1)(a)1.a.
35
36	shall be, unless the offense falls within s. 794.011(4)(g),
37	reclassified as provided in this section if the offense is
38	committed by an authority figure of any educational institution
39	against a student of any educational institution.
40	(3)(a) In the case of a felony of the third degree, the
41	offense is reclassified to a felony of the second degree.
42	(b) In the case of a felony of the second degree, the
43	offense is reclassified to a felony of the first degree.
44	(c) In the case of a felony of the first degree, the
45	offense is reclassified to a life felony.
46
47	For purposes of sentencing under chapter 921 and determining
48	incentive gain-time eligibility under chapter 944, a felony
49	offense that is reclassified under this subsection is ranked one
50	level above the ranking under s. 921.0022 or s. 921.0023 of the
51	offense committed.
52	Section 2. Subsection (2) of section 921.0022, Florida
53	Statutes, is amended to read:
54	921.0022 Criminal Punishment Code; offense severity
55	ranking chart.-
56	(2) The offense severity ranking chart has 10 offense
57	levels, ranked from least severe, which are level 1 offenses, to
58	most severe, which are level 10 offenses, and each felony
59	offense is assigned to a level according to the severity of the
60	offense. For purposes of determining which felony offenses are
61	specifically listed in the offense severity ranking chart and
62	which severity level has been assigned to each of these
63	offenses, the numerical statutory references in the left column
64	of the chart and the felony degree designations in the middle
65	column of the chart are controlling; the language in the right
66	column of the chart is provided solely for descriptive purposes.
67	Reclassification of the degree of the felony through the
68	application of s. 775.0845, s. 775.0861, s. 775.0862, s.
69	775.087, s. 775.0875, s. 794.023, or any other law that provides
70	an enhanced penalty for a felony offense, to any offense listed
71	in the offense severity ranking chart in this section shall not
72	cause the offense to become unlisted and is not subject to the
73	provisions of s. 921.0023.
74	Section 3. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.