Florida Senate - 2024                                    SB 1604
       
       
        
       By Senator Book
       
       
       
       
       
       35-00440A-24                                          20241604__
    1                        A bill to be entitled                      
    2         An act relating to digital voyeurism; amending s.
    3         810.145, F.S.; providing definitions; redesignating
    4         the offense of “video voyeurism” as “digital
    5         voyeurism”; revising the elements of the offense;
    6         providing criminal penalties; providing reduced
    7         criminal penalties for certain violations by persons
    8         who are under 19 years of age; redesignating the
    9         offense of “video voyeurism dissemination” as “digital
   10         voyeurism dissemination”; revising the elements of the
   11         offense; providing criminal penalties; providing
   12         reduced criminal penalties for certain violations by
   13         persons who are under 19 years of age; specifying that
   14         each instance of certain violations is a separate
   15         offense; providing for reclassification of certain
   16         violations by family or household members of a victim;
   17         amending s. 921.0022, F.S.; ranking offenses on the
   18         offense severity ranking chart of the Criminal
   19         Punishment Code; amending ss. 397.417, 435.04,
   20         456.074, 775.0862, 775.15, 775.21, 943.0435, 943.0584,
   21         944.606, 944.607, and 1012.315, F.S.; conforming
   22         provisions to changes made by the act; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 810.145, Florida Statutes, is amended to
   28  read:
   29         810.145 Digital Video voyeurism.—
   30         (1) As used in this section, the term:
   31         (a) “Broadcast” means electronically transmitting a visual
   32  image or visual recording with the intent that it be viewed by
   33  another person.
   34         (b)“Family or household member” has the same meaning as in
   35  s. 741.28.
   36         (c)(b) “Imaging device” means any mechanical, digital, or
   37  electronic viewing device; still camera; camcorder; motion
   38  picture camera; or any other instrument, equipment, or format
   39  capable of recording, storing, or transmitting visual images of
   40  another person.
   41         (d)“Position of authority or trust” means a position
   42  occupied by a person 18 years of age or older who is:
   43         1.Employed by, volunteering at, or under contract with a
   44  school, as defined in s. 775.0862(1), when the victim is a
   45  person younger than 18 years of age who is enrolled at the
   46  school; or
   47         2.A relative, caregiver, coach, employer, or other person
   48  who, by reason of his or her relationship with the victim, is
   49  able to exercise undue influence over him or her or exploit his
   50  or her trust.
   51         (f)(c) “Place and time when a person has a Reasonable
   52  expectation of privacy” means circumstances under which a place
   53  and time when a reasonable person would believe that he or she
   54  could fully disrobe in privacy, without being concerned that the
   55  person’s undressing was being viewed, recorded, or broadcasted
   56  by another, including, but not limited to, the interior of a
   57  residential dwelling, bathroom, changing room, fitting room,
   58  dressing room, or tanning booth.
   59         (e)(d) “Privately exposing the body” means exposing a
   60  sexual organ.
   61         (2)(a) A person commits the offense of digital video
   62  voyeurism if that person:
   63         1.(a) For his or her own amusement, entertainment, sexual
   64  arousal, gratification, or profit, or for the purpose of
   65  degrading, exploiting, or abusing another person, intentionally
   66  uses or installs an imaging device to secretly view, broadcast,
   67  or record a person, without that person’s knowledge and consent,
   68  who is dressing, undressing, or privately exposing the body, at
   69  a place and time when that person has a reasonable expectation
   70  of privacy;
   71         2.(b) For the amusement, entertainment, sexual arousal,
   72  gratification, or profit of another, or on behalf of another,
   73  intentionally permits the use or installation of an imaging
   74  device to secretly view, broadcast, or record a person, without
   75  that person’s knowledge and consent, who is dressing,
   76  undressing, or privately exposing the body, at a place and time
   77  when that person has a reasonable expectation of privacy; or
   78         3.(c) For the amusement, entertainment, sexual arousal,
   79  gratification, or profit of oneself or another, or on behalf of
   80  oneself or another, intentionally uses an imaging device to
   81  secretly view, broadcast, or record under or through the
   82  clothing being worn by another person, without that person’s
   83  knowledge and consent, for the purpose of viewing the body of,
   84  or the undergarments worn by, that person.
   85         (b)1.A person who is under 19 years of age and who
   86  violates this subsection commits:
   87         a.For a first offense, a misdemeanor of the first degree,
   88  punishable as provided in s. 775.082 or s. 775.083.
   89         b.For a second or subsequent offense, a felony of the
   90  third degree, punishable as provided in s. 775.082, s. 775.083,
   91  or s. 775.084.
   92         2.A person who is 19 years of age or older and who
   93  violates this subsection commits a felony of the third degree,
   94  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   95         (3)(a) A person commits the offense of digital video
   96  voyeurism dissemination if that person, knowing or having reason
   97  to believe that an image or recording was created in a manner
   98  described in subsection (2) this section, intentionally
   99  disseminates, distributes, or transfers the image or recording
  100  to another person:
  101         1. For the purpose of the amusement, entertainment, sexual
  102  arousal, or gratification of any person, or profit, or for the
  103  purpose of degrading, exploiting, or abusing another person; or
  104         2.For a commercial purpose or pecuniary gain.
  105         (b)1.A person who is under 19 years of age and who
  106  violates this subsection commits:
  107         a.For a first offense, a misdemeanor of the first degree,
  108  punishable as provided in s. 775.082 or s. 775.083.
  109         b.For a second or subsequent offense, a felony of the
  110  third degree, punishable as provided in s. 775.082, s. 775.083,
  111  or s. 775.084.
  112         2.A person who is 19 years of age or older and who
  113  violates this subsection commits a felony of the second degree,
  114  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  115         (4) Each instance of the viewing, broadcasting, recording,
  116  disseminating, distributing, or transferring of an image or
  117  recording made in violation of this section is a separate
  118  offense for which a separate penalty is authorized A person
  119  commits the offense of commercial video voyeurism dissemination
  120  if that person:
  121         (a)Knowing or having reason to believe that an image was
  122  created in a manner described in this section, sells the image
  123  for consideration to another person; or
  124         (b)Having created the image in a manner described in this
  125  section, disseminates, distributes, or transfers the image to
  126  another person for that person to sell the image to others.
  127         (5) This section does not apply to any:
  128         (a) Law enforcement agency conducting surveillance for a
  129  law enforcement purpose;
  130         (b) Security system when a written notice is conspicuously
  131  posted on the premises stating that a video surveillance system
  132  has been installed for the purpose of security for the premises;
  133         (c) Video surveillance device that is installed in such a
  134  manner that the presence of the device is clearly and
  135  immediately obvious; or
  136         (d) Dissemination, distribution, or transfer of images
  137  subject to this section by a provider of an electronic
  138  communication service as defined in 18 U.S.C. s. 2510(15), or a
  139  provider of a remote computing service as defined in 18 U.S.C.
  140  s. 2711(2). For purposes of this section, the exceptions to the
  141  definition of “electronic communication” set forth in 18 U.S.C.
  142  s. 2510(12)(a), (b), (c), and (d) do not apply, but are included
  143  within the definition of the term.
  144         (6)If a person who is 19 years or age or older is
  145  convicted of committing digital voyeurism or digital voyeurism
  146  dissemination and is a family or household member of the victim,
  147  holds a position of authority or trust with the victim, or has
  148  previously been convicted or adjudicated delinquent for a
  149  violation of this section, the court shall reclassify the felony
  150  to the next higher degree as follows:
  151         (a)A felony of the third degree is reclassified as a
  152  felony of the second degree.
  153         (b)A felony of the second degree is reclassified as a
  154  felony of the first degree.
  155  
  156  For purposes of sentencing under chapter 921 and incentive gain
  157  time eligibility under chapter 944, a felony that is
  158  reclassified under this subsection is ranked one level above the
  159  ranking under s. 921.0022 of the felony offense committed.
  160         (6)Except as provided in subsections (7) and (8):
  161         (a)A person who is under 19 years of age and who violates
  162  this section commits a misdemeanor of the first degree,
  163  punishable as provided in s. 775.082 or s. 775.083.
  164         (b)A person who is 19 years of age or older and who
  165  violates this section commits a felony of the third degree,
  166  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  167         (7)A person who violates this section and who has
  168  previously been convicted of or adjudicated delinquent for any
  169  violation of this section commits a felony of the second degree,
  170  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  171         (8)(a)A person who is:
  172         1.Eighteen years of age or older who is responsible for
  173  the welfare of a child younger than 16 years of age, regardless
  174  of whether the person knows or has reason to know the age of the
  175  child, and who commits an offense under this section against
  176  that child;
  177         2.Eighteen years of age or older who is employed at a
  178  private school as defined in s. 1002.01; a school as defined in
  179  s. 1003.01; or a voluntary prekindergarten education program as
  180  described in s. 1002.53(3)(a), (b), or (c) and who commits an
  181  offense under this section against a student of the private
  182  school, school, or voluntary prekindergarten education program;
  183  or
  184         3.Twenty-four years of age or older who commits an offense
  185  under this section against a child younger than 16 years of age,
  186  regardless of whether the person knows or has reason to know the
  187  age of the child
  188  
  189  commits a felony of the second degree, punishable as provided in
  190  s. 775.082, s. 775.083, or s. 775.084.
  191         (b)A person who violates this subsection and who has
  192  previously been convicted of or adjudicated delinquent for any
  193  violation of this section commits a felony of the second degree,
  194  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  195         (7)(9) For purposes of this section, a person has
  196  previously been convicted of or adjudicated delinquent for a
  197  violation of this section if the violation resulted in a
  198  conviction that was sentenced separately, or an adjudication of
  199  delinquency entered separately, before prior to the current
  200  offense.
  201         Section 2. Paragraphs (d), (e), and (f) of subsection (3)
  202  of section 921.0022, Florida Statutes, are amended to read:
  203         921.0022 Criminal Punishment Code; offense severity ranking
  204  chart.—
  205         (3) OFFENSE SEVERITY RANKING CHART
  206         (d) LEVEL 4
  207  
  208  
  209  FloridaStatute    FelonyDegree           Description            
  210  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.
  211  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  212  499.0051(5)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  213  517.07(1)            3rd   Failure to register securities.   
  214  517.12(1)            3rd   Failure of dealer or associated person of a dealer of securities to register.
  215  784.031              3rd   Battery by strangulation.         
  216  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  217  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  218  784.075              3rd   Battery on detention or commitment facility staff.
  219  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  220  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  221  784.081(3)           3rd   Battery on specified official or employee.
  222  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  223  784.083(3)           3rd   Battery on code inspector.        
  224  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  225  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  226  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  227  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  228  787.07               3rd   Human smuggling.                  
  229  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  230  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  231  790.115(2)(c)        3rd   Possessing firearm on school property.
  232  794.051(1)           3rd   Indecent, lewd, or lascivious touching of certain minors.
  233  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  234  806.135              2nd   Destroying or demolishing a memorial or historic property.
  235  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  236  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  237  810.06               3rd   Burglary; possession of tools.    
  238  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  239  810.145(2)(b)1.b. or 2.   3rd   Digital voyeurism; under age 19, second or subsequent offense; or 19 or older.
  240  810.145(3)(b)1.b.     3rd   Digital voyeurism dissemination; under 19 years of age, second or subsequent offense.
  241  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  242  812.014 (2)(c)4. & 6.-10.   3rd   Grand theft, 3rd degree; specified items.
  243  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  244  817.505(4)(a)        3rd   Patient brokering.                
  245  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  246  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  247  817.5695(3)(c)       3rd   Exploitation of person 65 years of age or older, value less than $10,000.
  248  817.625(2)(a)        3rd   Fraudulent use of scanning device, skimming device, or reencoder.
  249  817.625(2)(c)        3rd   Possess, sell, or deliver skimming device.
  250  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  251  836.14(2)            3rd   Person who commits theft of a sexually explicit image with intent to promote it.
  252  836.14(3)            3rd   Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
  253  837.02(1)            3rd   Perjury in official proceedings.  
  254  837.021(1)           3rd   Make contradictory statements in official proceedings.
  255  838.022              3rd   Official misconduct.              
  256  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  257  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
  258  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  259  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  260  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  261  843.19(2)            2nd   Injure, disable, or kill police, fire, or SAR canine or police horse.
  262  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  263  870.01(3)            2nd   Aggravated rioting.               
  264  870.01(5)            2nd   Aggravated inciting a riot.       
  265  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  266  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).
  267  914.14(2)            3rd   Witnesses accepting bribes.       
  268  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  269  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  270  916.1085 (2)(c)1.    3rd   Introduction of specified contraband into certain DCF facilities.
  271  918.12               3rd   Tampering with jurors.            
  272  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  273  944.47(1)(a)6.       3rd   Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  274  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.
  275         (e) LEVEL 5
  276  
  277  
  278  FloridaStatute    FelonyDegree           Description            
  279  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  280  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  281  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  282  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  283  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  284  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.
  285  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  286  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  287  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  288  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  289  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  290  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  291  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  292  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  293  790.01(3)            3rd   Unlawful carrying of a concealed firearm.
  294  790.162              2nd   Threat to throw or discharge destructive device.
  295  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  296  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  297  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  298  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  299  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  300  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  301  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  302  810.145(3)(a)1.      2nd   Digital voyeurism dissemination; 19 years of age or older; for amusement, etc.
  303  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  304  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  305  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
  306  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  307  812.081(3)           2nd   Trafficking in trade secrets.     
  308  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  309  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  310  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  311  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  312  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.
  313  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.
  314  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  315  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  316  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  317  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  318  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  319  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  320  836.14(4)            2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  321  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.
  322  843.01(1)            3rd   Resist officer with violence to person; resist arrest with violence.
  323  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  324  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  325  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  326  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  327  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  328  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).
  329  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.
  330  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.
  331  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.
  332  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.
  333  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  334  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  335         (f) LEVEL 6
  336  
  337  
  338  FloridaStatute    FelonyDegree           Description            
  339  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
  340  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  341  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
  342  499.0051(2)          2nd   Knowing forgery of transaction history, transaction information, or transaction statement.
  343  499.0051(3)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  344  499.0051(4)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  345  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  346  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  347  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  348  784.041              3rd   Felony battery; domestic battery by strangulation.
  349  784.048(3)           3rd   Aggravated stalking; credible threat.
  350  784.048(5)           3rd   Aggravated stalking of person under 16.
  351  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  352  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  353  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  354  784.081(2)           2nd   Aggravated assault on specified official or employee.
  355  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  356  784.083(2)           2nd   Aggravated assault on code inspector.
  357  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  358  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  359  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  360  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.
  361  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  362  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  363  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  364  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.
  365  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  366  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  367  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  368  810.145(3)(a)2. 810.145(8)(b)   2nd   Digital Video voyeurism dissemination; commercial purpose or pecuniary gain; 19 years of age or older; certain minor victims; 2nd or subsequent offense.
  369  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  370  812.014(2)(c)5.      3rd   Grand theft; third degree; firearm.
  371  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  372  812.015(9)(a)        2nd   Retail theft; property stolen $750 or more; second or subsequent conviction.
  373  812.015(9)(b)        2nd   Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  374  812.015(9)(d)        2nd   Retail theft; multiple thefts within specified period.
  375  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  376  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  377  817.49(2)(b)2.       2nd   Willful making of a false report of a crime resulting in death.
  378  817.505(4)(b)        2nd   Patient brokering; 10 or more patients.
  379  817.5695(3)(b)       2nd   Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
  380  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  381  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  382  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  383  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  384  827.03(2)(c)         3rd   Abuse of a child.                 
  385  827.03(2)(d)         3rd   Neglect of a child.               
  386  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  387  828.126(3)           3rd   Sexual activities involving animals.
  388  836.05               2nd   Threats; extortion.               
  389  836.10               2nd   Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  390  843.12               3rd   Aids or assists person to escape. 
  391  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  392  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  393  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  394  893.131              2nd   Distribution of controlled substances resulting in overdose or serious bodily injury.
  395  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  396  918.13(2)(b)         2nd   Tampering with or fabricating physical evidence relating to a capital felony.
  397  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.
  398  944.40               2nd   Escapes.                          
  399  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  400  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  401  951.22(1)(i)         3rd   Firearm or weapon introduced into county detention facility.
  402         Section 3. Paragraph (e) of subsection (4) of section
  403  397.417, Florida Statutes, is amended to read:
  404         397.417 Peer specialists.—
  405         (4) BACKGROUND SCREENING.—
  406         (e) The background screening conducted under this
  407  subsection must ensure that a peer specialist has not been
  408  arrested for and is awaiting final disposition of, found guilty
  409  of, regardless of adjudication, or entered a plea of nolo
  410  contendere or guilty to, or been adjudicated delinquent and the
  411  record has not been sealed or expunged for, any offense
  412  prohibited under any of the following state laws or similar laws
  413  of another jurisdiction:
  414         1. Section 393.135, relating to sexual misconduct with
  415  certain developmentally disabled clients and reporting of such
  416  sexual misconduct.
  417         2. Section 394.4593, relating to sexual misconduct with
  418  certain mental health patients and reporting of such sexual
  419  misconduct.
  420         3. Section 409.920, relating to Medicaid provider fraud, if
  421  the offense was a felony of the first or second degree.
  422         4. Section 415.111, relating to abuse, neglect, or
  423  exploitation of vulnerable adults.
  424         5. Any offense that constitutes domestic violence as
  425  defined in s. 741.28.
  426         6. Section 777.04, relating to attempts, solicitation, and
  427  conspiracy to commit an offense listed in this paragraph.
  428         7. Section 782.04, relating to murder.
  429         8. Section 782.07, relating to manslaughter; aggravated
  430  manslaughter of an elderly person or a disabled adult;
  431  aggravated manslaughter of a child; or aggravated manslaughter
  432  of an officer, a firefighter, an emergency medical technician,
  433  or a paramedic.
  434         9. Section 782.071, relating to vehicular homicide.
  435         10. Section 782.09, relating to killing an unborn child by
  436  injury to the mother.
  437         11. Chapter 784, relating to assault, battery, and culpable
  438  negligence, if the offense was a felony.
  439         12. Section 787.01, relating to kidnapping.
  440         13. Section 787.02, relating to false imprisonment.
  441         14. Section 787.025, relating to luring or enticing a
  442  child.
  443         15. Section 787.04(2), relating to leading, taking,
  444  enticing, or removing a minor beyond state limits, or concealing
  445  the location of a minor, with criminal intent pending custody
  446  proceedings.
  447         16. Section 787.04(3), relating to leading, taking,
  448  enticing, or removing a minor beyond state limits, or concealing
  449  the location of a minor, with criminal intent pending dependency
  450  proceedings or proceedings concerning alleged abuse or neglect
  451  of a minor.
  452         17. Section 790.115(1), relating to exhibiting firearms or
  453  weapons within 1,000 feet of a school.
  454         18. Section 790.115(2)(b), relating to possessing an
  455  electric weapon or device, a destructive device, or any other
  456  weapon on school property.
  457         19. Section 794.011, relating to sexual battery.
  458         20. Former s. 794.041, relating to prohibited acts of
  459  persons in familial or custodial authority.
  460         21. Section 794.05, relating to unlawful sexual activity
  461  with certain minors.
  462         22. Section 794.08, relating to female genital mutilation.
  463         23. Section 796.07, relating to procuring another to commit
  464  prostitution, except for those offenses expunged pursuant to s.
  465  943.0583.
  466         24. Section 798.02, relating to lewd and lascivious
  467  behavior.
  468         25. Chapter 800, relating to lewdness and indecent
  469  exposure.
  470         26. Section 806.01, relating to arson.
  471         27. Section 810.02, relating to burglary, if the offense
  472  was a felony of the first degree.
  473         28. Section 810.14, relating to voyeurism, if the offense
  474  was a felony.
  475         29. Section 810.145, relating to digital video voyeurism,
  476  if the offense was a felony.
  477         30. Section 812.13, relating to robbery.
  478         31. Section 812.131, relating to robbery by sudden
  479  snatching.
  480         32. Section 812.133, relating to carjacking.
  481         33. Section 812.135, relating to home-invasion robbery.
  482         34. Section 817.034, relating to communications fraud, if
  483  the offense was a felony of the first degree.
  484         35. Section 817.234, relating to false and fraudulent
  485  insurance claims, if the offense was a felony of the first or
  486  second degree.
  487         36. Section 817.50, relating to fraudulently obtaining
  488  goods or services from a health care provider and false reports
  489  of a communicable disease.
  490         37. Section 817.505, relating to patient brokering.
  491         38. Section 817.568, relating to fraudulent use of personal
  492  identification, if the offense was a felony of the first or
  493  second degree.
  494         39. Section 825.102, relating to abuse, aggravated abuse,
  495  or neglect of an elderly person or a disabled adult.
  496         40. Section 825.1025, relating to lewd or lascivious
  497  offenses committed upon or in the presence of an elderly person
  498  or a disabled person.
  499         41. Section 825.103, relating to exploitation of an elderly
  500  person or a disabled adult, if the offense was a felony.
  501         42. Section 826.04, relating to incest.
  502         43. Section 827.03, relating to child abuse, aggravated
  503  child abuse, or neglect of a child.
  504         44. Section 827.04, relating to contributing to the
  505  delinquency or dependency of a child.
  506         45. Former s. 827.05, relating to negligent treatment of
  507  children.
  508         46. Section 827.071, relating to sexual performance by a
  509  child.
  510         47. Section 831.30, relating to fraud in obtaining
  511  medicinal drugs.
  512         48. Section 831.31, relating to the sale; manufacture;
  513  delivery; or possession with intent to sell, manufacture, or
  514  deliver of any counterfeit controlled substance, if the offense
  515  was a felony.
  516         49. Section 843.01, relating to resisting arrest with
  517  violence.
  518         50. Section 843.025, relating to depriving a law
  519  enforcement, correctional, or correctional probation officer of
  520  the means of protection or communication.
  521         51. Section 843.12, relating to aiding in an escape.
  522         52. Section 843.13, relating to aiding in the escape of
  523  juvenile inmates of correctional institutions.
  524         53. Chapter 847, relating to obscenity.
  525         54. Section 874.05, relating to encouraging or recruiting
  526  another to join a criminal gang.
  527         55. Chapter 893, relating to drug abuse prevention and
  528  control, if the offense was a felony of the second degree or
  529  greater severity.
  530         56. Section 895.03, relating to racketeering and collection
  531  of unlawful debts.
  532         57. Section 896.101, relating to the Florida Money
  533  Laundering Act.
  534         58. Section 916.1075, relating to sexual misconduct with
  535  certain forensic clients and reporting of such sexual
  536  misconduct.
  537         59. Section 944.35(3), relating to inflicting cruel or
  538  inhuman treatment on an inmate resulting in great bodily harm.
  539         60. Section 944.40, relating to escape.
  540         61. Section 944.46, relating to harboring, concealing, or
  541  aiding an escaped prisoner.
  542         62. Section 944.47, relating to introduction of contraband
  543  into a correctional institution.
  544         63. Section 985.701, relating to sexual misconduct in
  545  juvenile justice programs.
  546         64. Section 985.711, relating to introduction of contraband
  547  into a detention facility.
  548         Section 4. Paragraph (ff) of subsection (2) of section
  549  435.04, Florida Statutes, as amended by s. 2, ch. 2023-220, Laws
  550  of Florida, is amended to read:
  551         435.04 Level 2 screening standards.—
  552         (2) The security background investigations under this
  553  section must ensure that no persons subject to the provisions of
  554  this section have been arrested for and are awaiting final
  555  disposition of, have been found guilty of, regardless of
  556  adjudication, or entered a plea of nolo contendere or guilty to,
  557  or have been adjudicated delinquent and the record has not been
  558  sealed or expunged for, any offense prohibited under any of the
  559  following provisions of state law or similar law of another
  560  jurisdiction:
  561         (ff) Section 810.145, relating to digital video voyeurism,
  562  if the offense is a felony.
  563         Section 5. Paragraph (s) of subsection (5) of section
  564  456.074, Florida Statutes, is amended to read:
  565         456.074 Certain health care practitioners; immediate
  566  suspension of license.—
  567         (5) The department shall issue an emergency order
  568  suspending the license of any health care practitioner who is
  569  arrested for committing or attempting, soliciting, or conspiring
  570  to commit any act that would constitute a violation of any of
  571  the following criminal offenses in this state or similar
  572  offenses in another jurisdiction:
  573         (s) Former section 810.145(8), relating to video voyeurism
  574  of a minor.
  575         Section 6. Subsection (2) of section 775.0862, Florida
  576  Statutes, is amended to read:
  577         775.0862 Sexual offenses against students by authority
  578  figures; reclassification.—
  579         (2) The felony degree of a violation of an offense listed
  580  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  581  s. 794.011(4)(e)7. or former s. 810.145(8)(a)2., shall be
  582  reclassified as provided in this section if the offense is
  583  committed by an authority figure of a school against a student
  584  of the school.
  585         Section 7. Subsection (17) of section 775.15, Florida
  586  Statutes, is amended to read:
  587         775.15 Time limitations; general time limitations;
  588  exceptions.—
  589         (17) In addition to the time periods prescribed in this
  590  section, a prosecution for digital video voyeurism in violation
  591  of s. 810.145 may be commenced within 1 year after the date on
  592  which the victim of digital video voyeurism obtains actual
  593  knowledge of the existence of such a recording or the date on
  594  which the recording is confiscated by a law enforcement agency,
  595  whichever occurs first. Any dissemination of such a recording
  596  before the victim obtains actual knowledge thereof or before its
  597  confiscation by a law enforcement agency does not affect any
  598  provision of this subsection.
  599         Section 8. Paragraph (a) of subsection (4) of section
  600  775.21, Florida Statutes, is amended to read:
  601         775.21 The Florida Sexual Predators Act.—
  602         (4) SEXUAL PREDATOR CRITERIA.—
  603         (a) For a current offense committed on or after October 1,
  604  1993, upon conviction, an offender shall be designated as a
  605  “sexual predator” under subsection (5), and subject to
  606  registration under subsection (6) and community and public
  607  notification under subsection (7) if:
  608         1. The felony is:
  609         a. A capital, life, or first degree felony violation, or
  610  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  611  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  612  violation of a similar law of another jurisdiction; or
  613         b. Any felony violation, or any attempt thereof, of s.
  614  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  615  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  616  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  617  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  618  s. 800.04; former s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  619  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  620  the court makes a written finding that the racketeering activity
  621  involved at least one sexual offense listed in this sub
  622  subparagraph or at least one offense listed in this sub
  623  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  624  985.701(1); or a violation of a similar law of another
  625  jurisdiction, and the offender has previously been convicted of
  626  or found to have committed, or has pled nolo contendere or
  627  guilty to, regardless of adjudication, any violation of s.
  628  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  629  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  630  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  631  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  632  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  633  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  634  makes a written finding that the racketeering activity involved
  635  at least one sexual offense listed in this sub-subparagraph or
  636  at least one offense listed in this sub-subparagraph with sexual
  637  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  638  violation of a similar law of another jurisdiction;
  639         2. The offender has not received a pardon for any felony or
  640  similar law of another jurisdiction that is necessary for the
  641  operation of this paragraph; and
  642         3. A conviction of a felony or similar law of another
  643  jurisdiction necessary to the operation of this paragraph has
  644  not been set aside in any postconviction proceeding.
  645         Section 9. Paragraph (h) of subsection (1) of section
  646  943.0435, Florida Statutes, is amended to read:
  647         943.0435 Sexual offenders required to register with the
  648  department; penalty.—
  649         (1) As used in this section, the term:
  650         (h)1. “Sexual offender” means a person who meets the
  651  criteria in sub-subparagraph a., sub-subparagraph b., sub
  652  subparagraph c., or sub-subparagraph d., as follows:
  653         a.(I) Has been convicted of committing, or attempting,
  654  soliciting, or conspiring to commit, any of the criminal
  655  offenses proscribed in the following statutes in this state or
  656  similar offenses in another jurisdiction: s. 393.135(2); s.
  657  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  658  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  659  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  660  794.05; former s. 796.03; former s. 796.035; s. 800.04; former
  661  s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  662  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  663  847.0145; s. 895.03, if the court makes a written finding that
  664  the racketeering activity involved at least one sexual offense
  665  listed in this sub-sub-subparagraph or at least one offense
  666  listed in this sub-sub-subparagraph with sexual intent or
  667  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  668  committed in this state which has been redesignated from a
  669  former statute number to one of those listed in this sub-sub
  670  subparagraph; and
  671         (II) Has been released on or after October 1, 1997, from a
  672  sanction imposed for any conviction of an offense described in
  673  sub-sub-subparagraph (I) and does not otherwise meet the
  674  criteria for registration as a sexual offender under chapter 944
  675  or chapter 985. For purposes of this sub-sub-subparagraph, a
  676  sanction imposed in this state or in any other jurisdiction
  677  means probation, community control, parole, conditional release,
  678  control release, or incarceration in a state prison, federal
  679  prison, private correctional facility, or local detention
  680  facility. If no sanction is imposed, the person is deemed to be
  681  released upon conviction;
  682         b. Establishes or maintains a residence in this state and
  683  who has not been designated as a sexual predator by a court of
  684  this state but who has been designated as a sexual predator, as
  685  a sexually violent predator, or by another sexual offender
  686  designation in another state or jurisdiction and was, as a
  687  result of such designation, subjected to registration or
  688  community or public notification, or both, or would be if the
  689  person were a resident of that state or jurisdiction, without
  690  regard to whether the person otherwise meets the criteria for
  691  registration as a sexual offender;
  692         c. Establishes or maintains a residence in this state who
  693  is in the custody or control of, or under the supervision of,
  694  any other state or jurisdiction as a result of a conviction for
  695  committing, or attempting, soliciting, or conspiring to commit,
  696  any of the criminal offenses proscribed in the following
  697  statutes or similar offense in another jurisdiction: s.
  698  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  699  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  700  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  701  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  702  s. 800.04; former s. 810.145(8); s. 825.1025; s. 827.071; s.
  703  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  704  847.0138; s. 847.0145; s. 895.03, if the court makes a written
  705  finding that the racketeering activity involved at least one
  706  sexual offense listed in this sub-subparagraph or at least one
  707  offense listed in this sub-subparagraph with sexual intent or
  708  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  709  committed in this state which has been redesignated from a
  710  former statute number to one of those listed in this sub
  711  subparagraph; or
  712         d. On or after July 1, 2007, has been adjudicated
  713  delinquent for committing, or attempting, soliciting, or
  714  conspiring to commit, any of the criminal offenses proscribed in
  715  the following statutes in this state or similar offenses in
  716  another jurisdiction when the juvenile was 14 years of age or
  717  older at the time of the offense:
  718         (I) Section 794.011, excluding s. 794.011(10);
  719         (II) Section 800.04(4)(a)2. where the victim is under 12
  720  years of age or where the court finds sexual activity by the use
  721  of force or coercion;
  722         (III) Section 800.04(5)(c)1. where the court finds
  723  molestation involving unclothed genitals;
  724         (IV) Section 800.04(5)(d) where the court finds the use of
  725  force or coercion and unclothed genitals; or
  726         (V) Any similar offense committed in this state which has
  727  been redesignated from a former statute number to one of those
  728  listed in this sub-subparagraph.
  729         2. For all qualifying offenses listed in sub-subparagraph
  730  1.d., the court shall make a written finding of the age of the
  731  offender at the time of the offense.
  732  
  733  For each violation of a qualifying offense listed in this
  734  subsection, except for a violation of s. 794.011, the court
  735  shall make a written finding of the age of the victim at the
  736  time of the offense. For a violation of s. 800.04(4), the court
  737  shall also make a written finding indicating whether the offense
  738  involved sexual activity and indicating whether the offense
  739  involved force or coercion. For a violation of s. 800.04(5), the
  740  court shall also make a written finding that the offense did or
  741  did not involve unclothed genitals or genital area and that the
  742  offense did or did not involve the use of force or coercion.
  743         Section 10. Paragraph (r) of subsection (2) of section
  744  943.0584, Florida Statutes, is amended to read:
  745         943.0584 Criminal history records ineligible for court
  746  ordered expunction or court-ordered sealing.—
  747         (2) A criminal history record is ineligible for a
  748  certificate of eligibility for expunction or a court-ordered
  749  expunction pursuant to s. 943.0585 or a certificate of
  750  eligibility for sealing or a court-ordered sealing pursuant to
  751  s. 943.059 if the record is a conviction for any of the
  752  following offenses:
  753         (r) Voyeurism or digital video voyeurism, as defined in ss.
  754  810.14 and 810.145, respectively;
  755         Section 11. Paragraph (f) of subsection (1) of section
  756  944.606, Florida Statutes, is amended to read:
  757         944.606 Sexual offenders; notification upon release.—
  758         (1) As used in this section, the term:
  759         (f) “Sexual offender” means a person who has been convicted
  760  of committing, or attempting, soliciting, or conspiring to
  761  commit, any of the criminal offenses proscribed in the following
  762  statutes in this state or similar offenses in another
  763  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  764  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  765  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  766  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  767  former s. 796.035; s. 800.04; former s. 810.145(8); s. 825.1025;
  768  s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6);
  769  s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  770  makes a written finding that the racketeering activity involved
  771  at least one sexual offense listed in this paragraph or at least
  772  one offense listed in this paragraph with sexual intent or
  773  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  774  committed in this state which has been redesignated from a
  775  former statute number to one of those listed in this subsection,
  776  when the department has received verified information regarding
  777  such conviction; an offender’s computerized criminal history
  778  record is not, in and of itself, verified information.
  779         Section 12. Paragraph (f) of subsection (1) of section
  780  944.607, Florida Statutes, is amended to read:
  781         944.607 Notification to Department of Law Enforcement of
  782  information on sexual offenders.—
  783         (1) As used in this section, the term:
  784         (f) “Sexual offender” means a person who is in the custody
  785  or control of, or under the supervision of, the department or is
  786  in the custody of a private correctional facility:
  787         1. On or after October 1, 1997, as a result of a conviction
  788  for committing, or attempting, soliciting, or conspiring to
  789  commit, any of the criminal offenses proscribed in the following
  790  statutes in this state or similar offenses in another
  791  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  792  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  793  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  794  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  795  former s. 796.035; s. 800.04; former s. 810.145(8); s. 825.1025;
  796  s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6);
  797  s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  798  makes a written finding that the racketeering activity involved
  799  at least one sexual offense listed in this subparagraph or at
  800  least one offense listed in this subparagraph with sexual intent
  801  or motive; s. 916.1075(2); or s. 985.701(1); or any similar
  802  offense committed in this state which has been redesignated from
  803  a former statute number to one of those listed in this
  804  paragraph; or
  805         2. Who establishes or maintains a residence in this state
  806  and who has not been designated as a sexual predator by a court
  807  of this state but who has been designated as a sexual predator,
  808  as a sexually violent predator, or by another sexual offender
  809  designation in another state or jurisdiction and was, as a
  810  result of such designation, subjected to registration or
  811  community or public notification, or both, or would be if the
  812  person were a resident of that state or jurisdiction, without
  813  regard as to whether the person otherwise meets the criteria for
  814  registration as a sexual offender.
  815         Section 13. Paragraph (y) of subsection (1) of section
  816  1012.315, Florida Statutes, is amended to read:
  817         1012.315 Screening standards.—A person is ineligible for
  818  educator certification or employment in any position that
  819  requires direct contact with students in a district school
  820  system, a charter school, or a private school that participates
  821  in a state scholarship program under chapter 1002 if the person
  822  is on the disqualification list maintained by the department
  823  pursuant to s. 1001.10(4)(b), is registered as a sex offender as
  824  described in 42 U.S.C. s. 9858f(c)(1)(C), would be ineligible
  825  for an exemption under s. 435.07(4)(c), or has been convicted or
  826  found guilty of, has had adjudication withheld for, or has pled
  827  guilty or nolo contendere to:
  828         (1) Any felony offense prohibited under any of the
  829  following statutes:
  830         (y) Section 810.145, relating to digital video voyeurism.
  831         Section 14. This act shall take effect October 1, 2024.