Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1604
Ì249990KÎ249990
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2024 .
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The Committee on Criminal Justice (Book) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 810.145, Florida Statutes, is amended to
6 read:
7 810.145 Digital Video voyeurism.—
8 (1) As used in this section, the term:
9 (a) “Broadcast” means electronically transmitting a visual
10 image or visual recording with the intent that it be viewed by
11 another person.
12 (b) “Family or household member” has the same meaning as in
13 s. 741.28.
14 (c)(b) “Imaging device” means any mechanical, digital, or
15 electronic viewing device; still camera; camcorder; motion
16 picture camera; or any other instrument, equipment, or format
17 capable of recording, storing, or transmitting visual images of
18 another person.
19 (d) “Position of authority or trust” means a position
20 occupied by a person 18 years of age or older who is a relative,
21 caregiver, coach, employer, or other person who, by reason of
22 his or her relationship with the victim, is able to exercise
23 undue influence over him or her or exploit his or her trust.
24 (e)(d) “Privately exposing the body” means exposing a
25 sexual organ.
26 (f)(c) “Place and time when a person has a Reasonable
27 expectation of privacy” means circumstances under which a place
28 and time when a reasonable person would believe that he or she
29 could fully disrobe in privacy, without being concerned that the
30 person’s undressing was being viewed, recorded, or broadcasted
31 by another, including, but not limited to, the interior of a
32 residential dwelling, bathroom, changing room, fitting room,
33 dressing room, or tanning booth.
34 (2)(a) A person commits the offense of digital video
35 voyeurism if that person:
36 1.(a) For his or her own amusement, entertainment, sexual
37 arousal, gratification, or profit, or for the purpose of
38 degrading, exploiting, or abusing another person, intentionally
39 uses or installs an imaging device to secretly view, broadcast,
40 or record a person, without that person’s knowledge and consent,
41 who is dressing, undressing, or privately exposing the body, at
42 a place and time when that person has a reasonable expectation
43 of privacy;
44 2.(b) For the amusement, entertainment, sexual arousal,
45 gratification, or profit of another, or on behalf of another,
46 intentionally permits the use or installation of an imaging
47 device to secretly view, broadcast, or record a person, without
48 that person’s knowledge and consent, who is dressing,
49 undressing, or privately exposing the body, at a place and time
50 when that person has a reasonable expectation of privacy; or
51 3.(c) For the amusement, entertainment, sexual arousal,
52 gratification, or profit of oneself or another, or on behalf of
53 oneself or another, intentionally uses an imaging device to
54 secretly view, broadcast, or record under or through the
55 clothing being worn by another person, without that person’s
56 knowledge and consent, for the purpose of viewing the body of,
57 or the undergarments worn by, that person.
58 (b) A person who is under 19 years of age and who violates
59 this subsection commits a misdemeanor of the first degree,
60 punishable as provided in s. 775.082 or s. 775.083.
61 (c) A person who is 19 years of age or older and who
62 violates this subsection commits a felony of the third degree,
63 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
64 (3)(a) A person commits the offense of digital video
65 voyeurism dissemination if that person, knowing or having reason
66 to believe that an image or recording was created in a manner
67 described in subsection (2) this section, intentionally
68 disseminates, distributes, or transfers the image or recording
69 to another person for the purpose of the amusement,
70 entertainment, sexual arousal, or gratification of any person,
71 or profit, or for the purpose of degrading, exploiting, or
72 abusing another person.
73 (b) A person who violates this subsection commits a felony
74 of the third degree, punishable as provided in s. 775.082, s.
75 775.083, or s. 775.084.
76 (4) A person commits the offense of commercial digital
77 video voyeurism dissemination if that person:
78 (a) Knowing or having reason to believe that an image or
79 recording was created in a manner described in subsection (2)
80 this section, sells the image or recording for consideration to
81 another person; or
82 (b) Having created the image or recording in a manner
83 described in subsection (2) this section, disseminates,
84 distributes, or transfers the image or recording to another
85 person for that person to sell the image or recording to others.
86 (c) A person who violates this subsection commits a felony
87 of the third degree, punishable as provided in s. 775.082, s.
88 775.083, or s. 775.084.
89 (5) This section does not apply to any:
90 (a) Law enforcement agency conducting surveillance for a
91 law enforcement purpose;
92 (b) Security system when a written notice is conspicuously
93 posted on the premises stating that a video surveillance system
94 has been installed for the purpose of security for the premises;
95 (c) Video surveillance device that is installed in such a
96 manner that the presence of the device is clearly and
97 immediately obvious; or
98 (d) Dissemination, distribution, or transfer of images or
99 recordings subject to this section by a provider of an
100 electronic communication service as defined in 18 U.S.C. s.
101 2510(15), or a provider of a remote computing service as defined
102 in 18 U.S.C. s. 2711(2). For purposes of this section, the
103 exceptions to the definition of “electronic communication” set
104 forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not
105 apply, but are included within the definition of the term.
106 (6) Each instance of the viewing, broadcasting, recording,
107 disseminating, distributing, or transferring of an image or
108 recording made in violation of subsection (2) is a separate
109 offense for which a separate penalty is authorized. Except as
110 provided in subsections (7) and (8):
111 (a) A person who is under 19 years of age and who violates
112 this section commits a misdemeanor of the first degree,
113 punishable as provided in s. 775.082 or s. 775.083.
114 (b) A person who is 19 years of age or older and who
115 violates this section commits a felony of the third degree,
116 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
117 (7)(a) A person who violates this section and who has
118 previously been convicted of or adjudicated delinquent for any
119 violation of this section commits a felony of the second degree,
120 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
121 (b) If a person who is 19 years or age or older commits a
122 violation of this section and is a family or household member of
123 the victim or holds a position of authority or trust with the
124 victim, the court shall reclassify the felony to the next higher
125 degree as follows:
126 1. A felony of the third degree is reclassified as a felony
127 of the second degree.
128 2. A felony of the second degree is reclassified as a
129 felony of the first degree.
130
131 For purposes of sentencing under chapter 921 and incentive gain
132 time eligibility under chapter 944, a felony that is
133 reclassified under this subsection is ranked one level above the
134 ranking under s. 921.0022 of the felony offense committed.
135 (8)(a) A person who is:
136 1. Eighteen years of age or older who is responsible for
137 the welfare of a child younger than 16 years of age, regardless
138 of whether the person knows or has reason to know the age of the
139 child, and who commits an offense under this section against
140 that child;
141 2. Eighteen years of age or older who is employed at a
142 private school as defined in s. 1002.01; a school as defined in
143 s. 1003.01; or a voluntary prekindergarten education program as
144 described in s. 1002.53(3)(a), (b), or (c) and who commits an
145 offense under this section against a student of the private
146 school, school, or voluntary prekindergarten education program;
147 or
148 3. Twenty-four years of age or older who commits an offense
149 under this section against a child younger than 16 years of age,
150 regardless of whether the person knows or has reason to know the
151 age of the child
152
153 commits a felony of the second degree, punishable as provided in
154 s. 775.082, s. 775.083, or s. 775.084.
155 (b) A person who violates this subsection and who has
156 previously been convicted of or adjudicated delinquent for any
157 violation of this section commits a felony of the second degree,
158 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
159 (9) For purposes of this section, a person has previously
160 been convicted of or adjudicated delinquent for a violation of
161 this section if the violation resulted in a conviction that was
162 sentenced separately, or an adjudication of delinquency entered
163 separately, before prior to the current offense.
164 Section 2. Paragraphs (c), (d), (e), and (f) of subsection
165 (3) of section 921.0022, Florida Statutes, are amended to read:
166 921.0022 Criminal Punishment Code; offense severity ranking
167 chart.—
168 (3) OFFENSE SEVERITY RANKING CHART
169 (c) LEVEL 3
170
171 FloridaStatute FelonyDegree Description
172 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
173 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
174 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
175 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
176 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
177 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
178 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
179 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
180 327.35(2)(b) 3rd Felony BUI.
181 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
182 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
183 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
184 379.2431 (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 violation of the Marine Turtle Protection Act.
185 379.2431 (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.
186 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
187 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
188 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
189 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
190 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
191 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
192 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
193 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
194 697.08 3rd Equity skimming.
195 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
196 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
197 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
198 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
199 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
200 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
201 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
202 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
203 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
204 812.081(2) 3rd Theft of a trade secret.
205 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
206 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
207 817.233 3rd Burning to defraud insurer.
208 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
209 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
210 817.236 3rd Filing a false motor vehicle insurance application.
211 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
212 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
213 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
214 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
215 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
216 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
217 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
218 860.15(3) 3rd Overcharging for repairs and parts.
219 870.01(2) 3rd Riot.
220 870.01(4) 3rd Inciting a riot.
221 893.13(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).
222 893.13(1)(d)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 university.
223 893.13(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.
224 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
225 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
226 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
227 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
228 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
229 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
230 893.13(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.
231 893.13(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.
232 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
233 893.13(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.
234 918.13(1) 3rd Tampering with or fabricating physical evidence.
235 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
236 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
237 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
238
239 (d) LEVEL 4
240
241 FloridaStatute FelonyDegree Description
242 316.1935(3)(a) 2nd 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.
243 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
244 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
245 517.07(1) 3rd Failure to register securities.
246 517.12(1) 3rd Failure of dealer or associated person of a dealer of securities to register.
247 784.031 3rd Battery by strangulation.
248 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
249 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
250 784.075 3rd Battery on detention or commitment facility staff.
251 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
252 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
253 784.081(3) 3rd Battery on specified official or employee.
254 784.082(3) 3rd Battery by detained person on visitor or other detainee.
255 784.083(3) 3rd Battery on code inspector.
256 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
257 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
258 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
259 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
260 787.07 3rd Human smuggling.
261 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
262 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
263 790.115(2)(c) 3rd Possessing firearm on school property.
264 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
265 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
266 806.135 2nd Destroying or demolishing a memorial or historic property.
267 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
268 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
269 810.06 3rd Burglary; possession of tools.
270 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
271 810.145(3)(b) 3rd Digital voyeurism dissemination.
272 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
273 812.014 (2)(c)4. & 6.-10. 3rd Grand theft, 3rd degree; specified items.
274 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
275 817.505(4)(a) 3rd Patient brokering.
276 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
277 817.568(2)(a) 3rd Fraudulent use of personal identification information.
278 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
279 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
280 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
281 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
282 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
283 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
284 837.02(1) 3rd Perjury in official proceedings.
285 837.021(1) 3rd Make contradictory statements in official proceedings.
286 838.022 3rd Official misconduct.
287 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
288 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
289 843.021 3rd Possession of a concealed handcuff key by a person in custody.
290 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
291 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
292 843.19(2) 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
293 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
294 870.01(3) 2nd Aggravated rioting.
295 870.01(5) 2nd Aggravated inciting a riot.
296 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
297 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
298 914.14(2) 3rd Witnesses accepting bribes.
299 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
300 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
301 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
302 918.12 3rd Tampering with jurors.
303 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
304 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
305 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
306
307 (e) LEVEL 5
308
309 FloridaStatute FelonyDegree Description
310 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
311 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
312 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
313 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
314 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
315 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
316 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
317 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
318 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
319 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
320 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
321 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
322 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
323 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
324 790.01(3) 3rd Unlawful carrying of a concealed firearm.
325 790.162 2nd Threat to throw or discharge destructive device.
326 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
327 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
328 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
329 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
330 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
331 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
332 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
333 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
334 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
335 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
336 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
337 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
338 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
339 812.019(1) 2nd Stolen property; dealing in or trafficking in.
340 812.081(3) 2nd Trafficking in trade secrets.
341 812.131(2)(b) 3rd Robbery by sudden snatching.
342 812.16(2) 3rd Owning, operating, or conducting a chop shop.
343 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
344 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
345 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
346 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
347 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
348 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
349 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
350 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
351 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
352 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
353 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
354 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
355 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
356 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
357 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
358 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
359 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
360 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
361 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
362 893.13(1)(c)2. 2nd 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
363 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
364 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
365 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
366 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
367 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
368
369 (f) LEVEL 6
370
371 FloridaStatute FelonyDegree Description
372 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
373 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
374 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
375 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
376 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
377 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
378 775.0875(1) 3rd Taking firearm from law enforcement officer.
379 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
380 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
381 784.041 3rd Felony battery; domestic battery by strangulation.
382 784.048(3) 3rd Aggravated stalking; credible threat.
383 784.048(5) 3rd Aggravated stalking of person under 16.
384 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
385 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
386 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
387 784.081(2) 2nd Aggravated assault on specified official or employee.
388 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
389 784.083(2) 2nd Aggravated assault on code inspector.
390 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
391 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
392 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
393 790.164(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.
394 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
395 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
396 794.05(1) 2nd Unlawful sexual activity with specified minor.
397 800.04(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.
398 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
399 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
400 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
401 810.145(8)(b) 2nd Digital Video voyeurism; certain minor victims; 2nd or subsequent offense.
402 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
403 812.014(2)(c)5. 3rd Grand theft; third degree; firearm.
404 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
405 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
406 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
407 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
408 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
409 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
410 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
411 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
412 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
413 825.102(1) 3rd Abuse of an elderly person or disabled adult.
414 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
415 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
416 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
417 827.03(2)(c) 3rd Abuse of a child.
418 827.03(2)(d) 3rd Neglect of a child.
419 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
420 828.126(3) 3rd Sexual activities involving animals.
421 836.05 2nd Threats; extortion.
422 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
423 843.12 3rd Aids or assists person to escape.
424 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
425 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
426 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
427 893.131 2nd Distribution of controlled substances resulting in overdose or serious bodily injury.
428 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
429 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
430 944.35(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.
431 944.40 2nd Escapes.
432 944.46 3rd Harboring, concealing, aiding escaped prisoners.
433 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
434 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
435
436 Section 3. Paragraph (e) of subsection (4) of section
437 397.417, Florida Statutes, is amended to read:
438 397.417 Peer specialists.—
439 (4) BACKGROUND SCREENING.—
440 (e) The background screening conducted under this
441 subsection must ensure that a peer specialist has not been
442 arrested for and is awaiting final disposition of, found guilty
443 of, regardless of adjudication, or entered a plea of nolo
444 contendere or guilty to, or been adjudicated delinquent and the
445 record has not been sealed or expunged for, any offense
446 prohibited under any of the following state laws or similar laws
447 of another jurisdiction:
448 1. Section 393.135, relating to sexual misconduct with
449 certain developmentally disabled clients and reporting of such
450 sexual misconduct.
451 2. Section 394.4593, relating to sexual misconduct with
452 certain mental health patients and reporting of such sexual
453 misconduct.
454 3. Section 409.920, relating to Medicaid provider fraud, if
455 the offense was a felony of the first or second degree.
456 4. Section 415.111, relating to abuse, neglect, or
457 exploitation of vulnerable adults.
458 5. Any offense that constitutes domestic violence as
459 defined in s. 741.28.
460 6. Section 777.04, relating to attempts, solicitation, and
461 conspiracy to commit an offense listed in this paragraph.
462 7. Section 782.04, relating to murder.
463 8. Section 782.07, relating to manslaughter; aggravated
464 manslaughter of an elderly person or a disabled adult;
465 aggravated manslaughter of a child; or aggravated manslaughter
466 of an officer, a firefighter, an emergency medical technician,
467 or a paramedic.
468 9. Section 782.071, relating to vehicular homicide.
469 10. Section 782.09, relating to killing an unborn child by
470 injury to the mother.
471 11. Chapter 784, relating to assault, battery, and culpable
472 negligence, if the offense was a felony.
473 12. Section 787.01, relating to kidnapping.
474 13. Section 787.02, relating to false imprisonment.
475 14. Section 787.025, relating to luring or enticing a
476 child.
477 15. Section 787.04(2), relating to leading, taking,
478 enticing, or removing a minor beyond state limits, or concealing
479 the location of a minor, with criminal intent pending custody
480 proceedings.
481 16. Section 787.04(3), relating to leading, taking,
482 enticing, or removing a minor beyond state limits, or concealing
483 the location of a minor, with criminal intent pending dependency
484 proceedings or proceedings concerning alleged abuse or neglect
485 of a minor.
486 17. Section 790.115(1), relating to exhibiting firearms or
487 weapons within 1,000 feet of a school.
488 18. Section 790.115(2)(b), relating to possessing an
489 electric weapon or device, a destructive device, or any other
490 weapon on school property.
491 19. Section 794.011, relating to sexual battery.
492 20. Former s. 794.041, relating to prohibited acts of
493 persons in familial or custodial authority.
494 21. Section 794.05, relating to unlawful sexual activity
495 with certain minors.
496 22. Section 794.08, relating to female genital mutilation.
497 23. Section 796.07, relating to procuring another to commit
498 prostitution, except for those offenses expunged pursuant to s.
499 943.0583.
500 24. Section 798.02, relating to lewd and lascivious
501 behavior.
502 25. Chapter 800, relating to lewdness and indecent
503 exposure.
504 26. Section 806.01, relating to arson.
505 27. Section 810.02, relating to burglary, if the offense
506 was a felony of the first degree.
507 28. Section 810.14, relating to voyeurism, if the offense
508 was a felony.
509 29. Section 810.145, relating to digital video voyeurism,
510 if the offense was a felony.
511 30. Section 812.13, relating to robbery.
512 31. Section 812.131, relating to robbery by sudden
513 snatching.
514 32. Section 812.133, relating to carjacking.
515 33. Section 812.135, relating to home-invasion robbery.
516 34. Section 817.034, relating to communications fraud, if
517 the offense was a felony of the first degree.
518 35. Section 817.234, relating to false and fraudulent
519 insurance claims, if the offense was a felony of the first or
520 second degree.
521 36. Section 817.50, relating to fraudulently obtaining
522 goods or services from a health care provider and false reports
523 of a communicable disease.
524 37. Section 817.505, relating to patient brokering.
525 38. Section 817.568, relating to fraudulent use of personal
526 identification, if the offense was a felony of the first or
527 second degree.
528 39. Section 825.102, relating to abuse, aggravated abuse,
529 or neglect of an elderly person or a disabled adult.
530 40. Section 825.1025, relating to lewd or lascivious
531 offenses committed upon or in the presence of an elderly person
532 or a disabled person.
533 41. Section 825.103, relating to exploitation of an elderly
534 person or a disabled adult, if the offense was a felony.
535 42. Section 826.04, relating to incest.
536 43. Section 827.03, relating to child abuse, aggravated
537 child abuse, or neglect of a child.
538 44. Section 827.04, relating to contributing to the
539 delinquency or dependency of a child.
540 45. Former s. 827.05, relating to negligent treatment of
541 children.
542 46. Section 827.071, relating to sexual performance by a
543 child.
544 47. Section 831.30, relating to fraud in obtaining
545 medicinal drugs.
546 48. Section 831.31, relating to the sale; manufacture;
547 delivery; or possession with intent to sell, manufacture, or
548 deliver of any counterfeit controlled substance, if the offense
549 was a felony.
550 49. Section 843.01, relating to resisting arrest with
551 violence.
552 50. Section 843.025, relating to depriving a law
553 enforcement, correctional, or correctional probation officer of
554 the means of protection or communication.
555 51. Section 843.12, relating to aiding in an escape.
556 52. Section 843.13, relating to aiding in the escape of
557 juvenile inmates of correctional institutions.
558 53. Chapter 847, relating to obscenity.
559 54. Section 874.05, relating to encouraging or recruiting
560 another to join a criminal gang.
561 55. Chapter 893, relating to drug abuse prevention and
562 control, if the offense was a felony of the second degree or
563 greater severity.
564 56. Section 895.03, relating to racketeering and collection
565 of unlawful debts.
566 57. Section 896.101, relating to the Florida Money
567 Laundering Act.
568 58. Section 916.1075, relating to sexual misconduct with
569 certain forensic clients and reporting of such sexual
570 misconduct.
571 59. Section 944.35(3), relating to inflicting cruel or
572 inhuman treatment on an inmate resulting in great bodily harm.
573 60. Section 944.40, relating to escape.
574 61. Section 944.46, relating to harboring, concealing, or
575 aiding an escaped prisoner.
576 62. Section 944.47, relating to introduction of contraband
577 into a correctional institution.
578 63. Section 985.701, relating to sexual misconduct in
579 juvenile justice programs.
580 64. Section 985.711, relating to introduction of contraband
581 into a detention facility.
582 Section 4. Paragraph (ff) of subsection (2) of section
583 435.04, Florida Statutes, as amended by section 2 of chapter
584 2023-220, Laws of Florida, is amended to read:
585 435.04 Level 2 screening standards.—
586 (2) The security background investigations under this
587 section must ensure that persons subject to this section have
588 not been arrested for and are awaiting final disposition of,
589 have not been found guilty of, regardless of adjudication, or
590 entered a plea of nolo contendere or guilty to, or have not been
591 adjudicated delinquent and the record has not been sealed or
592 expunged for, any offense prohibited under any of the following
593 provisions of state law or similar law of another jurisdiction:
594 (ff) Section 810.145, relating to digital video voyeurism,
595 if the offense is a felony.
596 Section 5. Paragraph (s) of subsection (5) of section
597 456.074, Florida Statutes, is amended to read:
598 456.074 Certain health care practitioners; immediate
599 suspension of license.—
600 (5) The department shall issue an emergency order
601 suspending the license of any health care practitioner who is
602 arrested for committing or attempting, soliciting, or conspiring
603 to commit any act that would constitute a violation of any of
604 the following criminal offenses in this state or similar
605 offenses in another jurisdiction:
606 (s) Section 810.145(8), relating to digital video voyeurism
607 of a minor.
608 Section 6. Subsection (17) of section 775.15, Florida
609 Statutes, is amended to read:
610 775.15 Time limitations; general time limitations;
611 exceptions.—
612 (17) In addition to the time periods prescribed in this
613 section, a prosecution for digital video voyeurism in violation
614 of s. 810.145 may be commenced within 1 year after the date on
615 which the victim of digital video voyeurism obtains actual
616 knowledge of the existence of such a recording or the date on
617 which the recording is confiscated by a law enforcement agency,
618 whichever occurs first. Any dissemination of such a recording
619 before the victim obtains actual knowledge thereof or before its
620 confiscation by a law enforcement agency does not affect any
621 provision of this subsection.
622 Section 7. Paragraph (r) of subsection (2) of section
623 943.0584, Florida Statutes, is amended to read:
624 943.0584 Criminal history records ineligible for court
625 ordered expunction or court-ordered sealing.—
626 (2) A criminal history record is ineligible for a
627 certificate of eligibility for expunction or a court-ordered
628 expunction pursuant to s. 943.0585 or a certificate of
629 eligibility for sealing or a court-ordered sealing pursuant to
630 s. 943.059 if the record is a conviction for any of the
631 following offenses:
632 (r) Voyeurism or digital video voyeurism, as defined in ss.
633 810.14 and 810.145, respectively;
634 Section 8. Paragraph (y) of subsection (1) of section
635 1012.315, Florida Statutes, is amended to read:
636 1012.315 Screening standards.—A person is ineligible for
637 educator certification or employment in any position that
638 requires direct contact with students in a district school
639 system, a charter school, or a private school that participates
640 in a state scholarship program under chapter 1002 if the person
641 is on the disqualification list maintained by the department
642 pursuant to s. 1001.10(4)(b), is registered as a sex offender as
643 described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
644 for an exemption under s. 435.07(4)(c), or has been convicted or
645 found guilty of, has had adjudication withheld for, or has pled
646 guilty or nolo contendere to:
647 (1) Any felony offense prohibited under any of the
648 following statutes:
649 (y) Section 810.145, relating to digital video voyeurism.
650 Section 9. This act shall take effect October 1, 2024.
651
652 ================= T I T L E A M E N D M E N T ================
653 And the title is amended as follows:
654 Delete everything before the enacting clause
655 and insert:
656 A bill to be entitled
657 An act relating to digital voyeurism; amending s.
658 810.145, F.S.; providing definitions; redesignating
659 the offense of “video voyeurism” as “digital
660 voyeurism”; revising the elements of the offense;
661 providing criminal penalties; providing reduced
662 criminal penalties for certain violations by persons
663 who are under 19 years of age; redesignating the
664 offense of “video voyeurism dissemination” as “digital
665 voyeurism dissemination”; revising the elements of the
666 offense; providing criminal penalties; specifying that
667 each instance of certain violations is a separate
668 offense; providing for reclassification of certain
669 violations by certain persons; amending s. 921.0022,
670 F.S.; ranking offenses on the offense severity ranking
671 chart of the Criminal Punishment Code; amending ss.
672 397.417, 435.04, 456.074, 775.15, 943.0584, and
673 1012.315, F.S.; conforming provisions to changes made
674 by the act; providing an effective date.