CS/CS/CS/HB 251

1	A bill to be entitled
2	An act relating to sexual offenses; providing a short
3	title; amending s. 90.404, F.S.; revising offenses that
4	are considered "child molestation" for purposes of
5	admitting evidence of other crimes, wrongs, or acts in a
6	criminal case involving child molestation; providing for
7	admission of evidence of other crimes, wrongs, or acts in
8	cases involving a sexual offense; defining the term
9	"sexual offense"; amending s. 92.55, F.S.; authorizing the
10	use of service or therapy animals in courts hearing sexual
11	offense cases under certain circumstances; requiring
12	certain property or material that is used in a criminal
13	proceeding to remain in the care, custody, and control of
14	the law enforcement agency, the state attorney, or the
15	court; prohibiting the reproduction of such property or
16	material by the defendant when specified criteria are met
17	by the state attorney; permitting access to the materials
18	by the defendant; amending s. 395.1021, F.S.; requiring a
19	licensed facility that provides emergency room services to
20	arrange for the gathering of forensic medical evidence
21	required for investigation and prosecution from a victim
22	who has reported a sexual battery to a law enforcement
23	agency or who requests that such evidence be gathered for
24	a possible future report; amending s. 775.15, F.S.;
25	providing that a prosecution for video voyeurism in
26	violation of specified provisions may, in addition to
27	existing time periods, be commenced within 1 year after
28	the victim of video voyeurism obtains actual knowledge of
29	the existence of such a recording or the recording is
30	confiscated by a law enforcement agency, whichever occurs
31	first; providing that dissemination of a recording before
32	such knowledge or confiscation does not affect such a time
33	period; amending s. 794.052, F.S.; requiring a law
34	enforcement officer to provide or arrange for
35	transportation of a victim of sexual battery to an
36	appropriate facility for medical treatment or forensic
37	examination; providing for a review of a police officer's
38	final report by a victim and an opportunity for a
39	statement by a victim; amending ss. 794.056 and 938.085,
40	F.S.; requiring that an additional court cost or surcharge
41	be assessed against a defendant who pleads guilty or nolo
42	contendere to, or is found guilty of, regardless of
43	adjudication, certain criminal offenses; providing for
44	proceeds of the additional court cost or surcharge to be
45	deposited into the Rape Crisis Program Trust Fund;
46	reenacting s. 20.435(21)(a), F.S., relating to the Rape
47	Crisis Program Trust Fund, to incorporate the amendment
48	made to s. 794.056, F.S., in a reference thereto;
49	reenacting s. 794.055(3)(b), F.S., relating to access to
50	services for victims of sexual battery, to incorporate the
51	amendment made to s. 938.085, F.S., in a reference
52	thereto; amending s. 960.003, F.S.; providing for
53	hepatitis testing of persons charged with certain
54	offenses; amending s. 1003.42, F.S.; requiring that public
55	schools provide comprehensive health education that
56	addresses concepts of Internet safety; amending s.
57	827.071, F.S.; defining the term "intentionally view";
58	prohibiting controlling or intentionally viewing any
59	photograph, motion picture, exhibition, show, image, data,
60	computer depiction, representation, or other presentation
61	that includes sexual conduct by a child; providing an
62	exception; providing penalties; amending s. 921.0022,
63	F.S.; conforming provisions of the offense severity
64	ranking chart of the Criminal Punishment Code to changes
65	made to s. 827.071, F.S., by the act; providing effective
66	dates.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  This act may be cited as the "Walk in Their
71	Shoes Act."
72	Section 2.  Subsection (2) of section 90.404, Florida
73	Statutes, is amended to read:
74	90.404  Character evidence; when admissible.-
75	(2)  OTHER CRIMES, WRONGS, OR ACTS.-
76	(a)  Similar fact evidence of other crimes, wrongs, or acts
77	is admissible when relevant to prove a material fact in issue,
78	including, but not limited to, proof of motive, opportunity,
79	intent, preparation, plan, knowledge, identity, or absence of
80	mistake or accident, but it is inadmissible when the evidence is
81	relevant solely to prove bad character or propensity.
82	(b)1.  In a criminal case in which the defendant is charged
83	with a crime involving child molestation, evidence of the
84	defendant's commission of other crimes, wrongs, or acts of child
85	molestation is admissible, and may be considered for its bearing
86	on any matter to which it is relevant.
87	2.  For the purposes of this paragraph, the term "child
88	molestation" means conduct proscribed by s. 787.025(2)(c), s.
89	794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
90	796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5),
91	s. 847.0145, or s. 985.701(1) when committed against a person 16
92	years of age or younger.
93	(c)1.  In a criminal case in which the defendant is charged
94	with a sexual offense, evidence of the defendant's commission of
95	other crimes, wrongs, or acts involving a sexual offense is
96	admissible and may be considered for its bearing on any matter
97	to which it is relevant.
98	2.  For the purposes of this paragraph, the term "sexual
99	offense" means conduct proscribed by s. 787.025(2)(c), s.
100	794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
101	796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
102	847.0135(5), s. 847.0145, or s. 985.701(1).
103	(d)(c)1.  When the state in a criminal action intends to
104	offer evidence of other criminal offenses under paragraph (a),
105	or paragraph (b), or paragraph (c), no fewer than 10 days before
106	trial, the state shall furnish to the defendant or to the
107	defendant's counsel a written statement of the acts or offenses
108	it intends to offer, describing them with the particularity
109	required of an indictment or information. No notice is required
110	for evidence of offenses used for impeachment or on rebuttal.
111	2.  When the evidence is admitted, the court shall, if
112	requested, charge the jury on the limited purpose for which the
113	evidence is received and is to be considered. After the close of
114	the evidence, the jury shall be instructed on the limited
115	purpose for which the evidence was received and that the
116	defendant cannot be convicted for a charge not included in the
117	indictment or information.
118	Section 3.  Subsection (4) is added to section 92.55,
119	Florida Statutes, to read:
120	92.55  Judicial or other proceedings involving victim or
121	witness under the age of 16 or person with mental retardation;
122	special protections; use of registered service or therapy
123	animals.-
124	(4)  The court may set any other conditions it finds just
125	and appropriate on the taking of testimony by a child, including
126	the use of a service or therapy animal that has been evaluated
127	and registered according to national standards, in any
128	proceeding involving a sexual offense. When deciding whether to
129	permit a child to testify with the assistance of a registered
130	service or therapy animal, the court shall take into
131	consideration the age of the child, the interests of the child,
132	the rights of the parties to the litigation, and any other
133	relevant factor that would facilitate the testimony by the
134	child.
135	Section 4.  Prohibition on reproduction of child
136	pornography.-
137	(1)  In a criminal proceeding, any property or material
138	that portrays sexual performance by a child as defined in s.
139	827.071, Florida Statutes, or constitutes child pornography as
140	defined in s. 847.001, Florida Statutes, must remain secured or
141	locked in the care, custody, and control of a law enforcement
142	agency, the state attorney, or the court.
143	(2)  Notwithstanding any law or rule of court, a court
144	shall deny, in a criminal proceeding, any request by the
145	defendant to copy, photograph, duplicate, or otherwise reproduce
146	any property or material that portrays sexual performance by a
147	child or constitutes child pornography so long as the state
148	attorney makes the property or material reasonably available to
149	the defendant.
150	(3)  For purposes of this section, property or material is
151	deemed to be reasonably available to the defendant if the state
152	attorney provides ample opportunity at a designated facility for
153	the inspection, viewing, and examination of the property or
154	material that portrays sexual performance by a child or
155	constitutes child pornography by the defendant, his or her
156	attorney, or any individual whom the defendant uses as an expert
157	during the discovery process or at a court proceeding.
158	Section 5.  Subsection (2) of section 395.1021, Florida
159	Statutes, is amended to read:
160	395.1021  Treatment of sexual assault victims.-Any licensed
161	facility which provides emergency room services shall arrange
162	for the rendering of appropriate medical attention and treatment
163	of victims of sexual assault through:
164	(2)  The administration of medical examinations, tests, and
165	analyses required by law enforcement personnel in the gathering
166	of forensic medical evidence required for investigation and
167	prosecution from a victim who has reported a sexual battery to a
168	law enforcement agency or who requests that such evidence be
169	gathered for a possible future report.
170
171	Such licensed facility shall also arrange for the protection of
172	the victim's anonymity while complying with the laws of this
173	state and may encourage the victim to notify law enforcement
174	personnel and to cooperate with them in apprehending the
175	suspect.
176	Section 6.  Subsection (17) is added to section 775.15,
177	Florida Statutes, to read:
178	775.15  Time limitations; general time limitations;
179	exceptions.-
180	(17)  In addition to the time periods prescribed in this
181	section, a prosecution for video voyeurism in violation of s.
182	810.145 may be commenced within 1 year after the date on which
183	the victim of video voyeurism obtains actual knowledge of the
184	existence of such a recording or the date on which the recording
185	is confiscated by a law enforcement agency, whichever occurs
186	first. Any dissemination of such a recording before the victim
187	obtains actual knowledge thereof or before its confiscation by a
188	law enforcement agency does not affect any provision of this
189	subsection.
190	Section 7.  Subsection (1) of section 794.052, Florida
191	Statutes, is amended to read:
192	794.052  Sexual battery; notification of victim's rights
193	and services.-
194	(1)  A law enforcement officer who investigates an alleged
195	sexual battery shall:
196	(a)  Assist the victim in obtaining medical treatment, if
197	medical treatment is necessary as a result of the alleged
198	incident, a forensic examination, and advocacy and crisis-
199	intervention services from a certified rape crisis center and
200	provide or arrange for transportation to the appropriate
201	facility.
202	(b)  Advise the victim that he or she may contact a
203	certified rape crisis center from which the victim may receive
204	services.
205	(c)  Prior to submitting a final report, permit the victim
206	to review the final report and provide a statement as to the
207	accuracy of the final report.
208	Section 8.  Section 794.056, Florida Statutes, is amended
209	to read:
210	794.056  Rape Crisis Program Trust Fund.-
211	(1)  The Rape Crisis Program Trust Fund is created within
212	the Department of Health for the purpose of providing funds for
213	rape crisis centers in this state. Trust fund moneys shall be
214	used exclusively for the purpose of providing services for
215	victims of sexual assault. Funds credited to the trust fund
216	consist of those funds collected as an additional court
217	assessment in each case in which a defendant pleads guilty or
218	nolo contendere to, or is found guilty of, regardless of
219	adjudication, an offense provided defined in s. 775.21(6) and
220	(10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s.
221	784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
222	784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s.
223	787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
224	794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
225	s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
226	800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s.
227	825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s.
228	847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7),
229	(8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited
230	to the trust fund also shall include revenues provided by law,
231	moneys appropriated by the Legislature, and grants from public
232	or private entities.
233	(2)  The Department of Health shall establish by rule
234	criteria consistent with the provisions of s. 794.055(3)(a) for
235	distributing moneys from the trust fund to rape crisis centers.
236	Section 9.  Section 938.085, Florida Statutes, is amended
237	to read:
238	938.085  Additional cost to fund rape crisis centers.-In
239	addition to any sanction imposed when a person pleads guilty or
240	nolo contendere to, or is found guilty of, regardless of
241	adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
242	(g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,
243	s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
244	784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s.
245	787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s.
246	796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06,
247	s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s.
248	810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
249	827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s.
250	847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
251	(14)(c), or s. 985.701(1), the court shall impose a surcharge of
252	$151. Payment of the surcharge shall be a condition of
253	probation, community control, or any other court-ordered
254	supervision. The sum of $150 of the surcharge shall be deposited
255	into the Rape Crisis Program Trust Fund established within the
256	Department of Health by chapter 2003-140, Laws of Florida. The
257	clerk of the court shall retain $1 of each surcharge that the
258	clerk of the court collects as a service charge of the clerk's
259	office.
260	Section 10.  For the purpose of incorporating the amendment
261	made by this act to section 794.056, Florida Statutes, in a
262	reference thereto, paragraph (a) of subsection (21) of section
263	20.435, Florida Statutes, is reenacted to read:
264	20.435  Department of Health; trust funds.-The following
265	trust funds shall be administered by the Department of Health:
266	(21)  Rape Crisis Program Trust Fund.
267	(a)  Funds to be credited to and uses of the trust fund
268	shall be administered in accordance with the provisions of s.
269	794.056.
270	Section 11.  For the purpose of incorporating the amendment
271	made by this act to section 938.085, Florida Statutes, in a
272	reference thereto, paragraph (b) of subsection (3) of section
273	794.055, Florida Statutes, is reenacted to read:
274	794.055  Access to services for victims of sexual battery.-
275	(3)
276	(b)  Funds received under s. 938.085 shall be used to
277	provide sexual battery recovery services to victims and their
278	families. Funds shall be distributed to rape crisis centers
279	based on an allocation formula that takes into account the
280	population and rural characteristics of each county. No more
281	than 15 percent of the funds shall be used by the statewide
282	nonprofit association for statewide initiatives. No more than 5
283	percent of the funds may be used by the department for
284	administrative costs.
285	Section 12.  Section 960.003, Florida Statutes, is amended
286	to read:
287	960.003  Hepatitis and HIV testing for persons charged with
288	or alleged by petition for delinquency to have committed certain
289	offenses; disclosure of results to victims.-
290	(1)  LEGISLATIVE INTENT.-The Legislature finds that a
291	victim of a criminal offense which involves the transmission of
292	body fluids, or which involves certain sexual offenses in which
293	the victim is a minor, disabled adult, or elderly person, is
294	entitled to know at the earliest possible opportunity whether
295	the person charged with or alleged by petition for delinquency
296	to have committed the offense has tested positive for hepatitis
297	or human immunodeficiency virus (HIV) infection. The Legislature
298	finds that to deny victims access to hepatitis and HIV test
299	results causes unnecessary mental anguish in persons who have
300	already suffered trauma. The Legislature further finds that
301	since medical science now recognizes that early diagnosis is a
302	critical factor in the treatment of hepatitis and HIV infection,
303	both the victim and the person charged with or alleged by
304	petition for delinquency to have committed the offense benefit
305	from prompt disclosure of hepatitis and HIV test results.
306	(2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
307	FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-
308	(a)  In any case in which a person has been charged by
309	information or indictment with or alleged by petition for
310	delinquency to have committed any offense enumerated in s.
311	775.0877(1)(a)-(n), which involves the transmission of body
312	fluids from one person to another, upon request of the victim or
313	the victim's legal guardian, or of the parent or legal guardian
314	of the victim if the victim is a minor, the court shall order
315	such person to undergo hepatitis and HIV testing within 48 hours
316	after of the information, indictment, or petition for
317	delinquency is filed court order. In the event the victim or, if
318	the victim is a minor, the victim's parent or legal guardian
319	requests hepatitis and HIV testing after 48 hours have elapsed
320	from the filing of the indictment, information, or petition for
321	delinquency, the testing shall be done within 48 hours after the
322	request.
323	(b)  However, when a victim of any sexual offense
324	enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at
325	the time the offense was committed or when a victim of any
326	sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.
327	825.1025 is a disabled adult or elderly person as defined in s.
328	825.1025 regardless of whether the offense involves the
329	transmission of bodily fluids from one person to another, then
330	upon the request of the victim or the victim's legal guardian,
331	or of the parent or legal guardian, the court shall order such
332	person to undergo hepatitis and HIV testing within 48 hours
333	after of the information, indictment, or petition for
334	delinquency is filed court order. In the event the victim or, if
335	the victim is a minor, the victim's parent or legal guardian
336	requests hepatitis and HIV testing after 48 hours have elapsed
337	from the filing of the indictment, information, or petition for
338	delinquency, the testing shall be done within 48 hours after the
339	request. The testing shall be performed under the direction of
340	the Department of Health in accordance with s. 381.004. The
341	results of a hepatitis and an HIV test performed on a defendant
342	or juvenile offender pursuant to this subsection shall not be
343	admissible in any criminal or juvenile proceeding arising out of
344	the alleged offense.
345	(c)  If medically appropriate, followup HIV testing shall
346	be provided when testing has been ordered under paragraph (a) or
347	paragraph (b). The medical propriety of followup HIV testing
348	shall be based upon a determination by a physician and does not
349	require an additional court order. Notification to the victim,
350	or to the victim's parent or legal guardian, and to the
351	defendant of the results of each followup test shall made be as
352	soon as practicable in accordance with this section.
353	(3)  DISCLOSURE OF RESULTS.-
354	(a)  The results of the test shall be disclosed no later
355	than 2 weeks after the court receives such results, under the
356	direction of the Department of Health, to the person charged
357	with or alleged by petition for delinquency to have committed or
358	to the person convicted of or adjudicated delinquent for any
359	offense enumerated in s. 775.0877(1)(a)-(n), which involves the
360	transmission of body fluids from one person to another, and,
361	upon request, to the victim or the victim's legal guardian, or
362	the parent or legal guardian of the victim if the victim is a
363	minor, and to public health agencies pursuant to s. 775.0877. If
364	the alleged offender is a juvenile, the test results shall also
365	be disclosed to the parent or guardian. When the victim is a
366	victim as described in paragraph (2)(b), the test results must
367	also be disclosed no later than 2 weeks after the court receives
368	such results, to the person charged with or alleged by petition
369	for delinquency to have committed or to the person convicted of
370	or adjudicated delinquent for any offense enumerated in s.
371	775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
372	offense involves the transmission of bodily fluids from one
373	person to another, and, upon request, to the victim or the
374	victim's legal guardian, or the parent or legal guardian of the
375	victim, and to public health agencies pursuant to s. 775.0877.
376	Otherwise, hepatitis and HIV test results obtained pursuant to
377	this section are confidential and exempt from the provisions of
378	s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
379	shall not be disclosed to any other person except as expressly
380	authorized by law or court order.
381	(b)  At the time that the results are disclosed to the
382	victim or the victim's legal guardian, or to the parent or legal
383	guardian of a victim if the victim is a minor, the same
384	immediate opportunity for face-to-face counseling which must be
385	made available under s. 381.004 to those who undergo hepatitis
386	and HIV testing shall also be afforded to the victim or the
387	victim's legal guardian, or to the parent or legal guardian of
388	the victim if the victim is a minor.
389	(4)  POSTCONVICTION TESTING.-If, for any reason, the
390	testing requested under subsection (2) has not been undertaken,
391	then upon request of the victim or the victim's legal guardian,
392	or the parent or legal guardian of the victim if the victim is a
393	minor, the court shall order the offender to undergo hepatitis
394	and HIV testing following conviction or delinquency
395	adjudication. The testing shall be performed under the direction
396	of the Department of Health, and the results shall be disclosed
397	in accordance with the provisions of subsection (3).
398	(5)  EXCEPTIONS.-The provisions of Subsections (2) and (4)
399	do not apply if:
400	(a)  The person charged with or convicted of or alleged by
401	petition for delinquency to have committed or been adjudicated
402	delinquent for an offense described in subsection (2) has
403	undergone hepatitis and HIV testing voluntarily or pursuant to
404	procedures established in s. 381.004(3)(h)6. or s. 951.27, or
405	any other applicable law or rule providing for hepatitis and HIV
406	testing of criminal defendants, inmates, or juvenile offenders,
407	subsequent to his or her arrest, conviction, or delinquency
408	adjudication for the offense for which he or she was charged or
409	alleged by petition for delinquency to have committed; and
410	(b)  The results of such hepatitis and HIV testing have
411	been furnished to the victim or the victim's legal guardian, or
412	the parent or legal guardian of the victim if the victim is a
413	minor.
414	(6)  TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
415	DISCLOSURE.-In any case in which a person convicted of or
416	adjudicated delinquent for an offense described in subsection
417	(2) has not been tested under subsection (2), but undergoes
418	hepatitis and HIV testing during his or her incarceration,
419	detention, or placement, the results of the initial hepatitis
420	and HIV testing shall be disclosed in accordance with the
421	provisions of subsection (3). Except as otherwise requested by
422	the victim or the victim's legal guardian, or the parent or
423	guardian of the victim if the victim is a minor, if the initial
424	test is conducted within the first year of the imprisonment,
425	detention, or placement, the request for disclosure shall be
426	considered a standing request for any subsequent hepatitis and
427	HIV test results obtained within 1 year after the initial
428	hepatitis and HIV test are performed, and need not be repeated
429	for each test administration. Where the inmate or juvenile
430	offender has previously been tested pursuant to subsection (2)
431	the request for disclosure under this subsection shall be
432	considered a standing request for subsequent hepatitis and HIV
433	results conducted within 1 year of the test performed pursuant
434	to subsection (2). If the hepatitis and HIV testing is performed
435	by an agency other than the Department of Health, that agency
436	shall be responsible for forwarding the test results to the
437	Department of Health for disclosure in accordance with the
438	provisions of subsection (3). This subsection shall not be
439	limited to results of hepatitis and HIV tests administered
440	subsequent to June 27, 1990, but shall also apply to the results
441	of all hepatitis and HIV tests performed on inmates convicted of
442	or juvenile offenders adjudicated delinquent for sex offenses as
443	described in subsection (2) during their incarceration,
444	detention, or placement prior to June 27, 1990.
445	Section 13.  Paragraph (n) of subsection (2) of section
446	1003.42, Florida Statutes, is amended to read:
447	1003.42  Required instruction.-
448	(2)  Members of the instructional staff of the public
449	schools, subject to the rules of the State Board of Education
450	and the district school board, shall teach efficiently and
451	faithfully, using the books and materials required that meet the
452	highest standards for professionalism and historic accuracy,
453	following the prescribed courses of study, and employing
454	approved methods of instruction, the following:
455	(n)  Comprehensive health education that addresses concepts
456	of community health; consumer health; environmental health;
457	family life, including an awareness of the benefits of sexual
458	abstinence as the expected standard and the consequences of
459	teenage pregnancy; mental and emotional health; injury
460	prevention and safety; Internet safety; nutrition; personal
461	health; prevention and control of disease; and substance use and
462	abuse. The health education curriculum for students in grades 7
463	through 12 shall include a teen dating violence and abuse
464	component that includes, but is not limited to, the definition
465	of dating violence and abuse, the warning signs of dating
466	violence and abusive behavior, the characteristics of healthy
467	relationships, measures to prevent and stop dating violence and
468	abuse, and community resources available to victims of dating
469	violence and abuse.
470
471	The State Board of Education is encouraged to adopt standards
472	and pursue assessment of the requirements of this subsection.
473	Section 14.  Effective October 1, 2011, subsections (1) and
474	(5) of section 827.071, Florida Statutes, are amended to read:
475	827.071  Sexual performance by a child; penalties.-
476	(1)  As used in this section, the following definitions
477	shall apply:
478	(a)  "Deviate sexual intercourse" means sexual conduct
479	between persons not married to each other consisting of contact
480	between the penis and the anus, the mouth and the penis, or the
481	mouth and the vulva.
482	(b)  "Intentionally view" means to deliberately,
483	purposefully, and voluntarily view. Proof of intentional viewing
484	requires establishing more than a single image, motion picture,
485	exhibition, show, image, data, computer depiction,
486	representation, or other presentation over any period of time.
487	(c)(b)  "Performance" means any play, motion picture,
488	photograph, or dance or any other visual representation
489	exhibited before an audience.
490	(d)(c)  "Promote" means to procure, manufacture, issue,
491	sell, give, provide, lend, mail, deliver, transfer, transmute,
492	publish, distribute, circulate, disseminate, present, exhibit,
493	or advertise or to offer or agree to do the same.
494	(e)(d)  "Sadomasochistic abuse" means flagellation or
495	torture by or upon a person, or the condition of being fettered,
496	bound, or otherwise physically restrained, for the purpose of
497	deriving sexual satisfaction from inflicting harm on another or
498	receiving such harm oneself.
499	(f)(e)  "Sexual battery" means oral, anal, or vaginal
500	penetration by, or union with, the sexual organ of another or
501	the anal or vaginal penetration of another by any other object;
502	however, "sexual battery" does not include an act done for a
503	bona fide medical purpose.
504	(g)(f)  "Sexual bestiality" means any sexual act between a
505	person and an animal involving the sex organ of the one and the
506	mouth, anus, or vagina of the other.
507	(h)(g)  "Sexual conduct" means actual or simulated sexual
508	intercourse, deviate sexual intercourse, sexual bestiality,
509	masturbation, or sadomasochistic abuse; actual lewd exhibition
510	of the genitals; actual physical contact with a person's clothed
511	or unclothed genitals, pubic area, buttocks, or, if such person
512	is a female, breast, with the intent to arouse or gratify the
513	sexual desire of either party; or any act or conduct which
514	constitutes sexual battery or simulates that sexual battery is
515	being or will be committed. A mother's breastfeeding of her baby
516	does not under any circumstance constitute "sexual conduct."
517	(i)(h)  "Sexual performance" means any performance or part
518	thereof which includes sexual conduct by a child of less than 18
519	years of age.
520	(j)(i)  "Simulated" means the explicit depiction of conduct
521	set forth in paragraph (h) (g) which creates the appearance of
522	such conduct and which exhibits any uncovered portion of the
523	breasts, genitals, or buttocks.
524	(5)(a)  It is unlawful for any person to knowingly possess,
525	control, or intentionally view a photograph, motion picture,
526	exhibition, show, representation, image, data, computer
527	depiction, or other presentation which, in whole or in part, he
528	or she knows to include any sexual conduct by a child. The
529	possession, control, or intentional viewing of each such
530	photograph, motion picture, exhibition, show, image, data,
531	computer depiction, representation, or presentation is a
532	separate offense. A person who Whoever violates this subsection
533	commits is guilty of a felony of the third degree, punishable as
534	provided in s. 775.082, s. 775.083, or s. 775.084.
535	(b)  This subsection does not apply to material possessed,
536	controlled, or intentionally viewed as part of a law enforcement
537	investigation.
538	Section 15.  Effective October 1, 2011, paragraph (e) of
539	subsection (3) of section 921.0022, Florida Statutes, is amended
540	to read:
541	921.0022  Criminal Punishment Code; offense severity
542	ranking chart.-
543	(3)  OFFENSE SEVERITY RANKING CHART
544	(e)  LEVEL 5
545
	FloridaStatute FelonyDegree Description
546
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
547
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
548
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
549
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
550
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
551
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
552
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
553
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
554
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
555
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
556
	790.01(2) 3rd Carrying a concealed firearm.
557
	790.162 2nd Threat to throw or discharge destructive device.
558
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
559
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
560
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
561
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
562
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
563
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
564
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
565
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
566
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
567
	812.131(2)(b) 3rd Robbery by sudden snatching.
568
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
569
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
570
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
571
	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.
572
	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 individuals.
573
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
574
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
575
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
576
	827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
577
	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.
578
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
579
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
580
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
581
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
582
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
583
	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)4. drugs).
584
	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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (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.
585
	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)4. drugs) within 1,000 feet of university.
586
	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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
587
	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)4. drugs) within 1,000 feet of public housing facility.
588
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
589
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
590
591	Section 16.  Except as otherwise expressly provided in this
592	act, this act shall take effect July 1, 2011.

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