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; providing an appropriation to the Department of
55	Legal Affairs for the purpose of funding a nonprofit
56	organization for specified purposes; amending s. 1003.42,
57	F.S.; requiring that public schools provide comprehensive
58	health education that addresses concepts of Internet
59	safety; amending s. 827.071, F.S.; defining the term
60	"intentionally view"; prohibiting controlling or
61	intentionally viewing any photograph, motion picture,
62	exhibition, show, image, data, computer depiction,
63	representation, or other presentation that includes sexual
64	conduct by a child; providing an exception; providing
65	penalties; amending s. 921.0022, F.S.; conforming
66	provisions of the offense severity ranking chart of the
67	Criminal Punishment Code to changes made to s. 827.071,
68	F.S., by the act; providing effective dates.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  This act may be cited as the "Walk in Their
73	Shoes Act."
74	Section 2.  Subsection (2) of section 90.404, Florida
75	Statutes, is amended to read:
76	90.404  Character evidence; when admissible.-
77	(2)  OTHER CRIMES, WRONGS, OR ACTS.-
78	(a)  Similar fact evidence of other crimes, wrongs, or acts
79	is admissible when relevant to prove a material fact in issue,
80	including, but not limited to, proof of motive, opportunity,
81	intent, preparation, plan, knowledge, identity, or absence of
82	mistake or accident, but it is inadmissible when the evidence is
83	relevant solely to prove bad character or propensity.
84	(b)1.  In a criminal case in which the defendant is charged
85	with a crime involving child molestation, evidence of the
86	defendant's commission of other crimes, wrongs, or acts of child
87	molestation is admissible, and may be considered for its bearing
88	on any matter to which it is relevant.
89	2.  For the purposes of this paragraph, the term "child
90	molestation" means conduct proscribed by s. 787.025(2)(c), s.
91	794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
92	796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5),
93	s. 847.0145, or s. 985.701(1) when committed against a person 16
94	years of age or younger.
95	(c)1.  In a criminal case in which the defendant is charged
96	with a sexual offense, evidence of the defendant's commission of
97	other crimes, wrongs, or acts involving a sexual offense is
98	admissible and may be considered for its bearing on any matter
99	to which it is relevant.
100	2.  For the purposes of this paragraph, the term "sexual
101	offense" means conduct proscribed by s. 787.025(2)(c), s.
102	794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
103	796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
104	847.0135(5), s. 847.0145, or s. 985.701(1).
105	(d)(c)1.  When the state in a criminal action intends to
106	offer evidence of other criminal offenses under paragraph (a),
107	or paragraph (b), or paragraph (c), no fewer than 10 days before
108	trial, the state shall furnish to the defendant or to the
109	defendant's counsel a written statement of the acts or offenses
110	it intends to offer, describing them with the particularity
111	required of an indictment or information. No notice is required
112	for evidence of offenses used for impeachment or on rebuttal.
113	2.  When the evidence is admitted, the court shall, if
114	requested, charge the jury on the limited purpose for which the
115	evidence is received and is to be considered. After the close of
116	the evidence, the jury shall be instructed on the limited
117	purpose for which the evidence was received and that the
118	defendant cannot be convicted for a charge not included in the
119	indictment or information.
120	Section 3.  Subsection (4) is added to section 92.55,
121	Florida Statutes, to read:
122	92.55  Judicial or other proceedings involving victim or
123	witness under the age of 16 or person with mental retardation;
124	special protections; use of registered service or therapy
125	animals.-
126	(4)  The court may set any other conditions it finds just
127	and appropriate on the taking of testimony by a child, including
128	the use of a service or therapy animal that has been evaluated
129	and registered according to national standards, in any
130	proceeding involving a sexual offense. When deciding whether to
131	permit a child to testify with the assistance of a registered
132	service or therapy animal, the court shall take into
133	consideration the age of the child, the interests of the child,
134	the rights of the parties to the litigation, and any other
135	relevant factor that would facilitate the testimony by the
136	child.
137	Section 4.  Prohibition on reproduction of child
138	pornography.-
139	(1)  In a criminal proceeding, any property or material
140	that portrays sexual performance by a child as defined in s.
141	827.071, Florida Statutes, or constitutes child pornography as
142	defined in s. 847.001, Florida Statutes, must remain secured or
143	locked in the care, custody, and control of a law enforcement
144	agency, the state attorney, or the court.
145	(2)  Notwithstanding any law or rule of court, a court
146	shall deny, in a criminal proceeding, any request by the
147	defendant to copy, photograph, duplicate, or otherwise reproduce
148	any property or material that portrays sexual performance by a
149	child or constitutes child pornography so long as the state
150	attorney makes the property or material reasonably available to
151	the defendant.
152	(3)  For purposes of this section, property or material is
153	deemed to be reasonably available to the defendant if the state
154	attorney provides ample opportunity at a designated facility for
155	the inspection, viewing, and examination of the property or
156	material that portrays sexual performance by a child or
157	constitutes child pornography by the defendant, his or her
158	attorney, or any individual whom the defendant uses as an expert
159	during the discovery process or at a court proceeding.
160	Section 5.  Subsection (2) of section 395.1021, Florida
161	Statutes, is amended to read:
162	395.1021  Treatment of sexual assault victims.-Any licensed
163	facility which provides emergency room services shall arrange
164	for the rendering of appropriate medical attention and treatment
165	of victims of sexual assault through:
166	(2)  The administration of medical examinations, tests, and
167	analyses required by law enforcement personnel in the gathering
168	of forensic medical evidence required for investigation and
169	prosecution from a victim who has reported a sexual battery to a
170	law enforcement agency or who requests that such evidence be
171	gathered for a possible future report.
172
173	Such licensed facility shall also arrange for the protection of
174	the victim's anonymity while complying with the laws of this
175	state and may encourage the victim to notify law enforcement
176	personnel and to cooperate with them in apprehending the
177	suspect.
178	Section 6.  Subsection (17) is added to section 775.15,
179	Florida Statutes, to read:
180	775.15  Time limitations; general time limitations;
181	exceptions.-
182	(17)  In addition to the time periods prescribed in this
183	section, a prosecution for video voyeurism in violation of s.
184	810.145 may be commenced within 1 year after the date on which
185	the victim of video voyeurism obtains actual knowledge of the
186	existence of such a recording or the date on which the recording
187	is confiscated by a law enforcement agency, whichever occurs
188	first. Any dissemination of such a recording before the victim
189	obtains actual knowledge thereof or before its confiscation by a
190	law enforcement agency does not affect any provision of this
191	subsection.
192	Section 7.  Subsection (1) of section 794.052, Florida
193	Statutes, is amended to read:
194	794.052  Sexual battery; notification of victim's rights
195	and services.-
196	(1)  A law enforcement officer who investigates an alleged
197	sexual battery shall:
198	(a)  Assist the victim in obtaining medical treatment, if
199	medical treatment is necessary as a result of the alleged
200	incident, a forensic examination, and advocacy and crisis-
201	intervention services from a certified rape crisis center and
202	provide or arrange for transportation to the appropriate
203	facility.
204	(b)  Advise the victim that he or she may contact a
205	certified rape crisis center from which the victim may receive
206	services.
207	(c)  Prior to submitting a final report, permit the victim
208	to review the final report and provide a statement as to the
209	accuracy of the final report.
210	Section 8.  Section 794.056, Florida Statutes, is amended
211	to read:
212	794.056  Rape Crisis Program Trust Fund.-
213	(1)  The Rape Crisis Program Trust Fund is created within
214	the Department of Health for the purpose of providing funds for
215	rape crisis centers in this state. Trust fund moneys shall be
216	used exclusively for the purpose of providing services for
217	victims of sexual assault. Funds credited to the trust fund
218	consist of those funds collected as an additional court
219	assessment in each case in which a defendant pleads guilty or
220	nolo contendere to, or is found guilty of, regardless of
221	adjudication, an offense provided defined in s. 775.21(6) and
222	(10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s.
223	784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
224	784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s.
225	787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
226	794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
227	s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
228	800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s.
229	825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s.
230	847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7),
231	(8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited
232	to the trust fund also shall include revenues provided by law,
233	moneys appropriated by the Legislature, and grants from public
234	or private entities.
235	(2)  The Department of Health shall establish by rule
236	criteria consistent with the provisions of s. 794.055(3)(a) for
237	distributing moneys from the trust fund to rape crisis centers.
238	Section 9.  Section 938.085, Florida Statutes, is amended
239	to read:
240	938.085  Additional cost to fund rape crisis centers.-In
241	addition to any sanction imposed when a person pleads guilty or
242	nolo contendere to, or is found guilty of, regardless of
243	adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
244	(g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,
245	s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
246	784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s.
247	787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s.
248	796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06,
249	s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s.
250	810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
251	827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s.
252	847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
253	(14)(c), or s. 985.701(1), the court shall impose a surcharge of
254	$151. Payment of the surcharge shall be a condition of
255	probation, community control, or any other court-ordered
256	supervision. The sum of $150 of the surcharge shall be deposited
257	into the Rape Crisis Program Trust Fund established within the
258	Department of Health by chapter 2003-140, Laws of Florida. The
259	clerk of the court shall retain $1 of each surcharge that the
260	clerk of the court collects as a service charge of the clerk's
261	office.
262	Section 10.  For the purpose of incorporating the amendment
263	made by this act to section 794.056, Florida Statutes, in a
264	reference thereto, paragraph (a) of subsection (21) of section
265	20.435, Florida Statutes, is reenacted to read:
266	20.435  Department of Health; trust funds.-The following
267	trust funds shall be administered by the Department of Health:
268	(21)  Rape Crisis Program Trust Fund.
269	(a)  Funds to be credited to and uses of the trust fund
270	shall be administered in accordance with the provisions of s.
271	794.056.
272	Section 11.  For the purpose of incorporating the amendment
273	made by this act to section 938.085, Florida Statutes, in a
274	reference thereto, paragraph (b) of subsection (3) of section
275	794.055, Florida Statutes, is reenacted to read:
276	794.055  Access to services for victims of sexual battery.-
277	(3)
278	(b)  Funds received under s. 938.085 shall be used to
279	provide sexual battery recovery services to victims and their
280	families. Funds shall be distributed to rape crisis centers
281	based on an allocation formula that takes into account the
282	population and rural characteristics of each county. No more
283	than 15 percent of the funds shall be used by the statewide
284	nonprofit association for statewide initiatives. No more than 5
285	percent of the funds may be used by the department for
286	administrative costs.
287	Section 12.  Section 960.003, Florida Statutes, is amended
288	to read:
289	960.003  Hepatitis and HIV testing for persons charged with
290	or alleged by petition for delinquency to have committed certain
291	offenses; disclosure of results to victims.-
292	(1)  LEGISLATIVE INTENT.-The Legislature finds that a
293	victim of a criminal offense which involves the transmission of
294	body fluids, or which involves certain sexual offenses in which
295	the victim is a minor, disabled adult, or elderly person, is
296	entitled to know at the earliest possible opportunity whether
297	the person charged with or alleged by petition for delinquency
298	to have committed the offense has tested positive for hepatitis
299	or human immunodeficiency virus (HIV) infection. The Legislature
300	finds that to deny victims access to hepatitis and HIV test
301	results causes unnecessary mental anguish in persons who have
302	already suffered trauma. The Legislature further finds that
303	since medical science now recognizes that early diagnosis is a
304	critical factor in the treatment of hepatitis and HIV infection,
305	both the victim and the person charged with or alleged by
306	petition for delinquency to have committed the offense benefit
307	from prompt disclosure of hepatitis and HIV test results.
308	(2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
309	FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-
310	(a)  In any case in which a person has been charged by
311	information or indictment with or alleged by petition for
312	delinquency to have committed any offense enumerated in s.
313	775.0877(1)(a)-(n), which involves the transmission of body
314	fluids from one person to another, upon request of the victim or
315	the victim's legal guardian, or of the parent or legal guardian
316	of the victim if the victim is a minor, the court shall order
317	such person to undergo hepatitis and HIV testing within 48 hours
318	after of the information, indictment, or petition for
319	delinquency is filed court order. In the event the victim or, if
320	the victim is a minor, the victim's parent or legal guardian
321	requests hepatitis and HIV testing after 48 hours have elapsed
322	from the filing of the indictment, information, or petition for
323	delinquency, the testing shall be done within 48 hours after the
324	request.
325	(b)  However, when a victim of any sexual offense
326	enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at
327	the time the offense was committed or when a victim of any
328	sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.
329	825.1025 is a disabled adult or elderly person as defined in s.
330	825.1025 regardless of whether the offense involves the
331	transmission of bodily fluids from one person to another, then
332	upon the request of the victim or the victim's legal guardian,
333	or of the parent or legal guardian, the court shall order such
334	person to undergo hepatitis and HIV testing within 48 hours
335	after of the information, indictment, or petition for
336	delinquency is filed court order. In the event the victim or, if
337	the victim is a minor, the victim's parent or legal guardian
338	requests hepatitis and HIV testing after 48 hours have elapsed
339	from the filing of the indictment, information, or petition for
340	delinquency, the testing shall be done within 48 hours after the
341	request. The testing shall be performed under the direction of
342	the Department of Health in accordance with s. 381.004. The
343	results of a hepatitis and an HIV test performed on a defendant
344	or juvenile offender pursuant to this subsection shall not be
345	admissible in any criminal or juvenile proceeding arising out of
346	the alleged offense.
347	(c)  If medically appropriate, followup HIV testing shall
348	be provided when testing has been ordered under paragraph (a) or
349	paragraph (b). The medical propriety of followup HIV testing
350	shall be based upon a determination by a physician and does not
351	require an additional court order. Notification to the victim,
352	or to the victim's parent or legal guardian, and to the
353	defendant of the results of each followup test shall made be as
354	soon as practicable in accordance with this section.
355	(3)  DISCLOSURE OF RESULTS.-
356	(a)  The results of the test shall be disclosed no later
357	than 2 weeks after the court receives such results, under the
358	direction of the Department of Health, to the person charged
359	with or alleged by petition for delinquency to have committed or
360	to the person convicted of or adjudicated delinquent for any
361	offense enumerated in s. 775.0877(1)(a)-(n), which involves the
362	transmission of body fluids from one person to another, and,
363	upon request, to the victim or the victim's legal guardian, or
364	the parent or legal guardian of the victim if the victim is a
365	minor, and to public health agencies pursuant to s. 775.0877. If
366	the alleged offender is a juvenile, the test results shall also
367	be disclosed to the parent or guardian. When the victim is a
368	victim as described in paragraph (2)(b), the test results must
369	also be disclosed no later than 2 weeks after the court receives
370	such results, to the person charged with or alleged by petition
371	for delinquency to have committed or to the person convicted of
372	or adjudicated delinquent for any offense enumerated in s.
373	775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
374	offense involves the transmission of bodily fluids from one
375	person to another, and, upon request, to the victim or the
376	victim's legal guardian, or the parent or legal guardian of the
377	victim, and to public health agencies pursuant to s. 775.0877.
378	Otherwise, hepatitis and HIV test results obtained pursuant to
379	this section are confidential and exempt from the provisions of
380	s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
381	shall not be disclosed to any other person except as expressly
382	authorized by law or court order.
383	(b)  At the time that the results are disclosed to the
384	victim or the victim's legal guardian, or to the parent or legal
385	guardian of a victim if the victim is a minor, the same
386	immediate opportunity for face-to-face counseling which must be
387	made available under s. 381.004 to those who undergo hepatitis
388	and HIV testing shall also be afforded to the victim or the
389	victim's legal guardian, or to the parent or legal guardian of
390	the victim if the victim is a minor.
391	(4)  POSTCONVICTION TESTING.-If, for any reason, the
392	testing requested under subsection (2) has not been undertaken,
393	then upon request of the victim or the victim's legal guardian,
394	or the parent or legal guardian of the victim if the victim is a
395	minor, the court shall order the offender to undergo hepatitis
396	and HIV testing following conviction or delinquency
397	adjudication. The testing shall be performed under the direction
398	of the Department of Health, and the results shall be disclosed
399	in accordance with the provisions of subsection (3).
400	(5)  EXCEPTIONS.-The provisions of Subsections (2) and (4)
401	do not apply if:
402	(a)  The person charged with or convicted of or alleged by
403	petition for delinquency to have committed or been adjudicated
404	delinquent for an offense described in subsection (2) has
405	undergone hepatitis and HIV testing voluntarily or pursuant to
406	procedures established in s. 381.004(3)(h)6. or s. 951.27, or
407	any other applicable law or rule providing for hepatitis and HIV
408	testing of criminal defendants, inmates, or juvenile offenders,
409	subsequent to his or her arrest, conviction, or delinquency
410	adjudication for the offense for which he or she was charged or
411	alleged by petition for delinquency to have committed; and
412	(b)  The results of such hepatitis and HIV testing have
413	been furnished to the victim or the victim's legal guardian, or
414	the parent or legal guardian of the victim if the victim is a
415	minor.
416	(6)  TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
417	DISCLOSURE.-In any case in which a person convicted of or
418	adjudicated delinquent for an offense described in subsection
419	(2) has not been tested under subsection (2), but undergoes
420	hepatitis and HIV testing during his or her incarceration,
421	detention, or placement, the results of the initial hepatitis
422	and HIV testing shall be disclosed in accordance with the
423	provisions of subsection (3). Except as otherwise requested by
424	the victim or the victim's legal guardian, or the parent or
425	guardian of the victim if the victim is a minor, if the initial
426	test is conducted within the first year of the imprisonment,
427	detention, or placement, the request for disclosure shall be
428	considered a standing request for any subsequent hepatitis and
429	HIV test results obtained within 1 year after the initial
430	hepatitis and HIV test are performed, and need not be repeated
431	for each test administration. Where the inmate or juvenile
432	offender has previously been tested pursuant to subsection (2)
433	the request for disclosure under this subsection shall be
434	considered a standing request for subsequent hepatitis and HIV
435	results conducted within 1 year of the test performed pursuant
436	to subsection (2). If the hepatitis and HIV testing is performed
437	by an agency other than the Department of Health, that agency
438	shall be responsible for forwarding the test results to the
439	Department of Health for disclosure in accordance with the
440	provisions of subsection (3). This subsection shall not be
441	limited to results of hepatitis and HIV tests administered
442	subsequent to June 27, 1990, but shall also apply to the results
443	of all hepatitis and HIV tests performed on inmates convicted of
444	or juvenile offenders adjudicated delinquent for sex offenses as
445	described in subsection (2) during their incarceration,
446	detention, or placement prior to June 27, 1990.
447	Section 13.  The sum of $1.5 million in nonrecurring funds
448	from the General Revenue Fund is appropriated in fiscal year
449	2011-2012 to the Department of Legal Affairs for the purpose of
450	funding Lauren's Kids, a nonprofit organization under s.
451	501(c)(3) of the Internal Revenue Code, tax I.D. number 26-
452	1252588, to educate adults and children about sexual abuse
453	topics through an in-school curriculum and maintain a 24-hour
454	Crisis Hotline.
455	Section 14.  Paragraph (n) of subsection (2) of section
456	1003.42, Florida Statutes, is amended to read:
457	1003.42  Required instruction.-
458	(2)  Members of the instructional staff of the public
459	schools, subject to the rules of the State Board of Education
460	and the district school board, shall teach efficiently and
461	faithfully, using the books and materials required that meet the
462	highest standards for professionalism and historic accuracy,
463	following the prescribed courses of study, and employing
464	approved methods of instruction, the following:
465	(n)  Comprehensive health education that addresses concepts
466	of community health; consumer health; environmental health;
467	family life, including an awareness of the benefits of sexual
468	abstinence as the expected standard and the consequences of
469	teenage pregnancy; mental and emotional health; injury
470	prevention and safety; Internet safety; nutrition; personal
471	health; prevention and control of disease; and substance use and
472	abuse. The health education curriculum for students in grades 7
473	through 12 shall include a teen dating violence and abuse
474	component that includes, but is not limited to, the definition
475	of dating violence and abuse, the warning signs of dating
476	violence and abusive behavior, the characteristics of healthy
477	relationships, measures to prevent and stop dating violence and
478	abuse, and community resources available to victims of dating
479	violence and abuse.
480
481	The State Board of Education is encouraged to adopt standards
482	and pursue assessment of the requirements of this subsection.
483	Section 15.  Effective October 1, 2011, subsections (1) and
484	(5) of section 827.071, Florida Statutes, are amended to read:
485	827.071  Sexual performance by a child; penalties.-
486	(1)  As used in this section, the following definitions
487	shall apply:
488	(a)  "Deviate sexual intercourse" means sexual conduct
489	between persons not married to each other consisting of contact
490	between the penis and the anus, the mouth and the penis, or the
491	mouth and the vulva.
492	(b)  "Intentionally view" means to deliberately,
493	purposefully, and voluntarily view. Proof of intentional viewing
494	requires establishing more than a single image, motion picture,
495	exhibition, show, image, data, computer depiction,
496	representation, or other presentation over any period of time.
497	(c)(b)  "Performance" means any play, motion picture,
498	photograph, or dance or any other visual representation
499	exhibited before an audience.
500	(d)(c)  "Promote" means to procure, manufacture, issue,
501	sell, give, provide, lend, mail, deliver, transfer, transmute,
502	publish, distribute, circulate, disseminate, present, exhibit,
503	or advertise or to offer or agree to do the same.
504	(e)(d)  "Sadomasochistic abuse" means flagellation or
505	torture by or upon a person, or the condition of being fettered,
506	bound, or otherwise physically restrained, for the purpose of
507	deriving sexual satisfaction from inflicting harm on another or
508	receiving such harm oneself.
509	(f)(e)  "Sexual battery" means oral, anal, or vaginal
510	penetration by, or union with, the sexual organ of another or
511	the anal or vaginal penetration of another by any other object;
512	however, "sexual battery" does not include an act done for a
513	bona fide medical purpose.
514	(g)(f)  "Sexual bestiality" means any sexual act between a
515	person and an animal involving the sex organ of the one and the
516	mouth, anus, or vagina of the other.
517	(h)(g)  "Sexual conduct" means actual or simulated sexual
518	intercourse, deviate sexual intercourse, sexual bestiality,
519	masturbation, or sadomasochistic abuse; actual lewd exhibition
520	of the genitals; actual physical contact with a person's clothed
521	or unclothed genitals, pubic area, buttocks, or, if such person
522	is a female, breast, with the intent to arouse or gratify the
523	sexual desire of either party; or any act or conduct which
524	constitutes sexual battery or simulates that sexual battery is
525	being or will be committed. A mother's breastfeeding of her baby
526	does not under any circumstance constitute "sexual conduct."
527	(i)(h)  "Sexual performance" means any performance or part
528	thereof which includes sexual conduct by a child of less than 18
529	years of age.
530	(j)(i)  "Simulated" means the explicit depiction of conduct
531	set forth in paragraph (h) (g) which creates the appearance of
532	such conduct and which exhibits any uncovered portion of the
533	breasts, genitals, or buttocks.
534	(5)(a)  It is unlawful for any person to knowingly possess,
535	control, or intentionally view a photograph, motion picture,
536	exhibition, show, representation, image, data, computer
537	depiction, or other presentation which, in whole or in part, he
538	or she knows to include any sexual conduct by a child. The
539	possession, control, or intentional viewing of each such
540	photograph, motion picture, exhibition, show, image, data,
541	computer depiction, representation, or presentation is a
542	separate offense. A person who Whoever violates this subsection
543	commits is guilty of a felony of the third degree, punishable as
544	provided in s. 775.082, s. 775.083, or s. 775.084.
545	(b)  This subsection does not apply to material possessed,
546	controlled, or intentionally viewed as part of a law enforcement
547	investigation.
548	Section 16.  Effective October 1, 2011, paragraph (e) of
549	subsection (3) of section 921.0022, Florida Statutes, is amended
550	to read:
551	921.0022  Criminal Punishment Code; offense severity
552	ranking chart.-
553	(3)  OFFENSE SEVERITY RANKING CHART
554	(e)  LEVEL 5
555
	FloridaStatute FelonyDegree Description
556
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
557
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
558
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
559
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
560
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
561
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
562
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
563
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
564
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
565
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
566
	790.01(2) 3rd Carrying a concealed firearm.
567
	790.162 2nd Threat to throw or discharge destructive device.
568
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
569
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
570
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
571
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
572
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
573
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
574
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
575
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
576
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
577
	812.131(2)(b) 3rd Robbery by sudden snatching.
578
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
579
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
580
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
581
	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.
582
	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.
583
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
584
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
585
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
586
	827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
587
	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.
588
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
589
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
590
	847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
591
	847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
592
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
593
	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).
594
	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.
595
	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.
596
	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.
597
	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.
598
	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).
599
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
600
601	Section 17.  Except as otherwise expressly provided in this
602	act, this act shall take effect July 1, 2011.

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