775.0862 Sexual offenses against students by authority figures; reclassification.

285 words·~1 min read·/fl/title-xlvi/chapter-775/775-0862

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section, the term:

(a)“Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.

(b)“School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01 , a voluntary prekindergarten education program as described in s. 1002.53 (3), early learning programs, a public school as described in s. 402.3025 (1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 . The term does not include facilities dedicated exclusively to the education of adults.

(c)“Student” means a person younger than 18 years of age who is enrolled at a school.

(2)The felony degree of a violation of an offense listed in s. 943.0435 (1)(h)1.a., unless the offense is a violation of s. 794.011 (4)(e)7. or s. 810.145 (8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.

(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b)In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

(c)In the case of a felony of the first degree, the offense is reclassified to a life felony.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.