HB 525 Summary

• Revises the definition of "mentally incapacitated" in Florida sexual battery law to mean temporarily incapable of appraising or controlling one's own conduct due to influence of narcotic, anesthetic, or intoxicating substance administered without consent or any other act committed without consent.

• Establishes first-degree felony charges for sexual battery against persons without consent under specified circumstances, with penalties up to life imprisonment or as provided in sentencing statutes.

• Adds enhanced penalties requiring first-degree felony charges with potential life sentences when offender has prior convictions for kidnapping, lewd acts, child abuse, elder abuse, or prior sexual battery violations involving minors.

• Modifies circumstance (4)(e) to specify that victims who are mentally incapacitated are protected when offenders knowingly administer substances that incapacitate victims, or when offenders have reason to believe or actual knowledge of the victim's mental incapacity.

• Takes effect October 1, 2022.