Amendment
Bill No. CS/CS/HB 75
Amendment No. 799495
CHAMBER ACTION
Senate House
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1Representative Abruzzo offered the following:
2
3     Substitute Amendment for Amendment (672025) (with title
4amendment)
5     Remove lines 22-30 and insert:
6knowingly:
7     (a)  Uses a computer, or any other device capable of
8electronic data transmission or distribution, to transmit or
9distribute to another minor any photograph or video of any
10person which depicts nudity, as defined in s. 847.001(9),
11Florida Statutes, and is harmful to minors, as defined in s.
12847.001(6), Florida Statutes.
13     (b)  Possesses a photograph or video of any person that was
14transmitted or distributed by another minor which depicts
15nudity, as defined in s. 847.001(9), Florida Statutes, and is
16harmful to minors, as defined in s. 847.001(6), Florida
17Statutes. A minor does not violate paragraph this paragraph if
18any of the following apply:
19     1.  The minor did not solicit the photograph or video.
20     2.  The minor took reasonable steps to report the
21photograph or video to the minor's legal guardian or to a school
22or law enforcement official.
23     3.  The minor did not transmit, distribute, or display the
24photograph or video to a third party.
25     (2)(a)  The transmission or distribution of multiple
26photographs or videos prohibited by paragraph (1)(a) is a single
27offense if the photographs or videos were transmitted or
28distributed within the same 24-hour period.
29     (b)  The possession of multiple photographs or videos that
30were transmitted or distributed by a minor prohibited by
31paragraph (1)(b) is a single offense if the photographs or
32videos were transmitted or distributed by a minor in the same
3324-hour period.
34     (3)  A minor who violates subsection (1):
35     (a)  Commits a noncriminal violation for a first violation,
36punishable by 8 hours of community service or, if ordered by the
37court in lieu of community service, a $60 fine. The court may
38also order the minor to participate in suitable training or
39instruction in lieu of, or in addition to, community service or
40a fine.
41     (b)  Commits a misdemeanor of the first degree for a
42violation that occurs after being found to have committed a
43noncriminal violation for sexting, punishable as provided in s.
44775.082 or s. 775.083, Florida Statutes.
45     (c)  Commits a felony of the third degree for a violation
46that occurs after being found to have committed a misdemeanor of
47the first degree for sexting, punishable as provided in s.
48775.082, s. 775.083, or s. 775.084, Florida Statutes.
49     (4)  This section does not prohibit the prosecution of a
50minor for a violation of any law of this state if the photograph
51or video that depicts nudity also includes the depiction of
52sexual conduct or sexual excitement, and does not prohibit the
53prosecution of a minor for stalking under s. 784.048, Florida
54Statutes.
55     (5)  As used in this section, the term "found to have
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T I T L E  A M E N D M E N T
60     Remove lines 7-11 and insert:
61any person which depicts nudity and is harmful to minors, or
62knowingly possesses such a photograph or video that was
63transmitted or distributed to the minor from another minor;
64providing exceptions; providing noncriminal and criminal
65penalties; providing that the transmission or distribution of
66multiple photographs or videos is a single offense if the
67transmission or distribution occurs within a 24-hour period;
68providing that the possession of multiple photographs or videos
69that were transmitted or distributed by a minor is a single
70offense if the transmission or distribution occurs within a 24-
71hour period; providing
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CODING: Words stricken are deletions; words underlined are additions.